Common use of Representations of the Note Holders Clause in Contracts

Representations of the Note Holders. 40 Section 12. No Creation of a Partnership or Exclusive Purchase Right. 40 Section 13. Other Business Activities of the Note Holders. 41 Section 14. Sale of the Notes. 41 Section 15. Registration of the Notes and Each Note Holder. 44 Section 16. Governing Law; Waiver of Jury Trial. 44 Section 17. Submission To Jurisdiction; Waivers. 45 Section 18. Modifications. 45 Section 19. Successors and Assigns; Third Party Beneficiaries. 46 Section 20. Counterparts. 46 Section 21. Captions. 46 Section 22. Severability. 46 Section 23. Entire Agreement. 46 Section 24. Withholding Taxes. 46 Section 25. Custody of Mortgage Loan Documents. 48 Section 26. Cooperation in Securitization. 48 Section 27. Notices. 49 Section 28. Broker. 49 Section 29. Certain Matters Affecting the Agent. 49 Section 30. Reserved. 50 Section 31. Resignation of Agent. 50 Section 32. Resizing. 50 This AGREEMENT BETWEEN NOTE HOLDERS (this “Agreement”), dated as of February 1, 2024 by and between XXXXXX XXXXXXX BANK, N.A. (“MSBNA” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-1 described below, the “Initial Note A-1 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-2 described below, the “Initial Note A-2 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-3 described below, the “Initial Note A-3 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-4 described below, the “Initial Note A-4 Holder”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“JPMCB” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-5 described below, the “Initial Note A-5 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-6 described below, the “Initial Note A-6 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-7 described below, the “Initial Note A-7 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-8 described below, the “Initial Note A-8 Holder”), BARCLAYS CAPITAL REAL ESTATE INC. (“BCREI” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-9 described below, the “Initial Note A-9 Holder”), BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-10 described below, the “Initial Note A-10 Holder”) and BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-11 described below, the “Initial Note A-11 Holder”; the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder, the Initial Note A-4 Holder, the Initial Note A-5 Holder, the Initial Note A-6 Holder, the Initial Note A-7 Holder, the Initial Note A-8 Holder, the Initial Note A-9 Holder, the Initial Note A-10 Holder and the Initial Note A-11 Holder are referred to collectively herein as the “Initial Note Holders”) and XXXXXX XXXXXXX MORTGAGE CAPITAL HOLDINGS LLC (“MSMCH” and, in its capacity as initial agent, the “Initial Agent”).

Appears in 3 contracts

Samples: Agreement Between Note Holders (Bank5 2024-5yr7), Agreement Between Note Holders (BANK5 Trust 2024-5yr6), Agreement Between Note Holders (BBCMS Mortgage Trust 2024-5c25)

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Representations of the Note Holders. 40 31 Section 12. No Creation of a Partnership or Exclusive Purchase Right. 40 31 Section 13. Other Business Activities of the Note Holders. 41 31 Section 14. Sale of the Notes. 41 31 Section 15. Registration of the Notes and Each Note Holder. 44 34 Section 16. Governing Law; Waiver of Jury Trial. 44 35 Section 17. Submission To Jurisdiction; Waivers. 45 35 Section 18. Modifications. 45 36 Section 19. Successors and Assigns; Third Party Beneficiaries. 46 36 Section 20. Counterparts. 46 36 Section 21. Captions. 46 36 Section 22. Severability. 46 36 Section 23. Entire Agreement. 46 37 Section 24. Withholding Taxes. 46 37 Section 25. Custody of Mortgage Loan Documents. 48 38 Section 26. Cooperation in Securitization. 48 38 Section 27. Notices. 49 39 Section 28. Broker. 49 39 Section 29. Certain Matters Affecting the Agent. 49 40 Section 30. Reserved. 50 40 Section 31. Resignation of Agent. 50 40 Section 32. Resizing. 50 41 This AGREEMENT BETWEEN NOTE HOLDERS (this “Agreement”), dated as of February 1December 19, 2024 2019 by and between XXXXXX XXXXXXX BANK, N.A. (“MSBNA” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-1 described below, the “Initial Note A-1 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-2 described below, the “Initial Note A-2 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-3 described below, the “Initial Note A-3 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-4 described below, the “Initial Note A-4 Holder”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“JPMCB” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-5 described below, the “Initial Note A-5 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-6 described below, the “Initial Note A-6 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-7 described below, the “Initial Note A-7 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-8 described below, the “Initial Note A-8 Holder”), BARCLAYS CAPITAL REAL ESTATE INC. (“BCREI” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-9 described below, the “Initial Note A-9 Holder”), BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-10 described below, the “Initial Note A-10 Holder”) and BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-11 described below, the “Initial Note A-11 Holder”; the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder, the Initial Note A-4 Holder, the Initial Note A-5 Holder, the Initial Note A-6 Holder, the Initial Note A-7 Holder, the Initial Note A-8 Holder, the Initial Note A-9 Holder, the Initial Note A-10 Holder and the Initial Note A-11 A-3 Holder are referred to collectively herein as the “Initial Note Holders”) and XXXXXX XXXXXXX MORTGAGE CAPITAL HOLDINGS LLC (“MSMCH” and, in its capacity as initial agent, the “Initial Agent”).

Appears in 3 contracts

Samples: Agreement Between Note Holders (Morgan Stanley Capital I Trust 2020-L4), Agreement Between Note Holders (Bank 2020-Bnk25), Agreement Between Note Holders (Bank 2019-Bnk24)

Representations of the Note Holders. 40 30 Section 12. No Creation of a Partnership or Exclusive Purchase Right. 40 31 Section 13. Other Business Activities of the Note Holders. 41 31 Section 14. Sale of the Notes. 41 31 Section 15. Registration of the Notes and Each Note Holder. 44 34 Section 16. Governing Law; Waiver of Jury Trial. 44 35 Section 17. Submission To Jurisdiction; Waivers. 45 35 Section 18. Modifications. 45 36 Section 19. Successors and Assigns; Third Party Beneficiaries. 46 36 Section 20. Counterparts. 46 36 Section 21. Captions. 46 36 Section 22. Severability. 46 36 Section 23. Entire Agreement. 46 36 Section 24. Withholding Taxes. 46 36 Section 25. Custody of Mortgage Loan Documents. 48 38 Section 26. Cooperation in Securitization. 48 38 Section 27. Notices. 49 39 Section 28. Broker. 49 39 Section 29. Certain Matters Affecting the Agent. 49 39 Section 30. Reserved. 50 40 Section 31. Resignation of Agent. 50 40 Section 32. Resizing. 50 This AGREEMENT BETWEEN NOTE HOLDERS (this “Agreement”40 Agreement ” ), dated as of February 1December 22, 2024 2020 by and between XXXXXX XXXXXXX MXXXXX SXXXXXX BANK, N.A. (“MSBNA( “ MSBNA ” and, together with its successors and assigns in interestinterest , in its capacity as initial owner of Note A-1 described below, the Initial Note A-1 Holder”Holder ” ), MSBNA (( together with its successors and assigns in interestinterest , in its capacity as initial owner of Note A-2 described below, the Initial Note A-2 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-3 described below, the “Initial Note A-3 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-4 described below, the “Initial Note A-4 Holder”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“JPMCBHolder and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-5 described below, the “Initial Note A-5 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-6 described below, the “Initial Note A-6 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-7 described below, the “Initial Note A-7 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-8 described below, the “Initial Note A-8 Holder”), BARCLAYS CAPITAL REAL ESTATE INC. (“BCREI” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-9 described below, the “Initial Note A-9 Holder”), BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-10 described below, the “Initial Note A-10 Holder”) and BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-11 described below, the “Initial Note A-11 Holder”; the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder, the Initial Note A-4 Holder, the Initial Note A-5 Holder, the Initial Note A-6 Holder, the Initial Note A-7 Holder, the Initial Note A-8 Holder, the Initial Note A-9 Holder, the Initial Note A-10 Holder and the Initial Note A-11 A-2 Holder are referred to collectively herein as the Initial Note Holders”Holders ” ) and XXXXXX XXXXXXX MXXXXX SXXXXXX MORTGAGE CAPITAL HOLDINGS LLC (“MSMCH( “ MSMCH ” and, in its capacity as initial agent, the Initial Agent”Agent ” ).

Appears in 2 contracts

Samples: Execution Version (Bank 2021-Bnk31), Agreement Between Note Holders (Bank 2020-Bnk30)

Representations of the Note Holders. 40 30 Section 12. No Creation of a Partnership or Exclusive Purchase Right. 40 31 Section 13. Other Business Activities of the Note Holders. 41 31 Section 14. Sale of the Notes. 41 31 Section 15. Registration of the Notes and Each Note Holder. 44 34 Section 16. Governing Law; Waiver of Jury Trial. 44 35 Section 17. Submission To Jurisdiction; Waivers. 45 35 Section 18. Modifications. 45 36 Section 19. Successors and Assigns; Third Party Beneficiaries. 46 36 Section 20. Counterparts. 46 36 Section 21. Captions. 46 36 Section 22. Severability. 46 36 Section 23. Entire Agreement. 46 36 Section 24. Withholding Taxes. 46 36 Section 25. Custody of Mortgage Loan Documents. 48 38 Section 26. Cooperation in Securitization. 48 38 Section 27. Notices. 49 39 Section 28. Broker. 49 39 Section 29. Certain Matters Affecting the Agent. 49 39 Section 30. Reserved. 50 40 Section 31. Resignation of Agent. 50 40 Section 32. Resizing. 50 40 This AGREEMENT BETWEEN NOTE HOLDERS (this “Agreement”), dated as of February 1September 30, 2024 2020 by and between XXXXXX XXXXXXX BANK, N.A. (“MSBNA” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-1 described below, the “Initial Note A-1 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-2 described below, the “Initial Note A-2 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-3 described below, the “Initial Note A-3 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-4 described below, the “Initial Note A-4 Holder”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“JPMCB” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-5 described below, the “Initial Note A-5 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-6 described below, the “Initial Note A-6 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-7 described below, the “Initial Note A-7 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-8 described below, the “Initial Note A-8 Holder”), BARCLAYS CAPITAL REAL ESTATE INC. (“BCREI” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-9 described below, the “Initial Note A-9 Holder”), BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-10 described below, the “Initial Note A-10 Holder”) and BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-11 described below, the “Initial Note A-11 Holder”; the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder, the Initial Note A-4 Holder, the Initial Note A-5 Holder, the Initial Note A-6 Holder, the Initial Note A-7 Holder, the Initial Note A-8 Holder, the Initial Note A-9 Holder, the Initial Note A-10 Holder and the Initial Note A-11 A-2 Holder are referred to collectively herein as the “Initial Note Holders”) and XXXXXX XXXXXXX MORTGAGE CAPITAL HOLDINGS LLC (“MSMCH” and, in its capacity as initial agent, the “Initial Agent”).

Appears in 2 contracts

Samples: Agreement Between Note Holders (Bank 2020-Bnk29), Agreement Between Note Holders (Bank 2020-Bnk28)

Representations of the Note Holders. 40 30 Section 12. No Creation of a Partnership or Exclusive Purchase Right. 40 30 Section 13. Other Business Activities of the Note Holders. 41 30 Section 14. Sale of the Notes. 41 31 Section 15. Registration of the Notes and Each Note Holder. 44 33 Section 16. Governing Law; Waiver of Jury Trial. 44 34 Section 17. Submission To Jurisdiction; Waivers. 45 34 Section 18. Modifications. 45 35 Section 19. Successors and Assigns; Third Party Beneficiaries. 46 35 Section 20. Counterparts. 46 35 Section 21. Captions. 46 35 Section 22. Severability. 46 36 Section 23. Entire Agreement. 46 36 Section 24. Withholding Taxes. 46 36 Section 25. Custody of Mortgage Loan Documents. 48 37 Section 26. Cooperation in Securitization. 48 37 Section 27. Notices. 49 38 Section 28. Broker. 49 38 Section 29. Certain Matters Affecting the Agent. 49 39 Section 30. Reserved. 50 39 Section 31. Resignation of Agent. 50 39 Section 32. Resizing. 50 40 This AGREEMENT BETWEEN NOTE HOLDERS (this “Agreement”), dated as of February 1May 20, 2024 2021 by and between XXXXXX XXXXXXX BANK, N.A. (“MSBNA” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-1 described below, the “Initial Note A-1 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-2 described below, the “Initial Note A-2 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-3 described below, the “Initial Note A-3 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-4 described below, the “Initial Note A-4 Holder”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“JPMCB” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-5 described below, the “Initial Note A-5 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-6 described below, the “Initial Note A-6 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-7 described below, the “Initial Note A-7 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-8 described below, the “Initial Note A-8 Holder”), BARCLAYS CAPITAL REAL ESTATE INC. (“BCREI” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-9 described below, the “Initial Note A-9 Holder”), BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-10 described below, the “Initial Note A-10 Holder”) and BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-11 described below, the “Initial Note A-11 Holder”; the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder, the Initial Note A-4 Holder, the Initial Note A-5 Holder, the Initial Note A-6 Holder, the Initial Note A-7 Holder, the Initial Note A-8 Holder, the Initial Note A-9 Holder, the Initial Note A-10 Holder and the Initial Note A-11 A-2 Holder are referred to collectively herein as the “Initial Note Holders”) and XXXXXX XXXXXXX MORTGAGE CAPITAL HOLDINGS LLC (“MSMCH” and, in its capacity as initial agent, the “Initial Agent”).

Appears in 2 contracts

Samples: Agreement Between Note Holders (Bank 2021-Bnk34), Agreement Between Note Holders (Bank 2021-Bnk33)

Representations of the Note Holders. 40 31 Section 12. No Creation of a Partnership or Exclusive Purchase Right. 40 31 Section 13. Other Business Activities of the Note Holders. 41 31 Section 14. Sale of the Notes. 41 32 Section 15. Registration of the Notes and Each Note Holder. 44 35 Section 16. Governing Law; Waiver of Jury Trial. 44 35 Section 17. Submission To Jurisdiction; Waivers. 45 35 Section 18. Modifications. 45 36 Section 19. Successors and Assigns; Third Party Beneficiaries. 46 36 Section 20. Counterparts. 46 36 Section 21. Captions. 46 37 Section 22. Severability. 46 37 Section 23. Entire Agreement. 46 37 Section 24. Withholding Taxes. 46 37 Section 25. Custody of Mortgage Loan Documents. 48 38 Section 26. Cooperation in Securitization. 48 38 Section 27. Notices. 49 39 Section 28. Broker. 49 40 Section 29. Certain Matters Affecting the Agent. 49 40 Section 30. Reserved. 50 40 Section 31. Resignation of Agent. 50 40 Section 32. Resizing. 50 41 This AGREEMENT BETWEEN NOTE HOLDERS (this “Agreement”), dated as of February 1May 31, 2024 2019 by and between XXXXXX XXXXXXX BANK, N.A. (“MSBNA” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-1 described below, the “Initial Note A-1 Holder” and, in its capacity as the initial agent, the “Initial Agent), ) and MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-2 described below, the “Initial Note A-2 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-3 described below, the “Initial Note A-3 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-4 described below, the “Initial Note A-4 Holder”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“JPMCB” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-5 described below, the “Initial Note A-5 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-6 described below, the “Initial Note A-6 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-7 described below, the “Initial Note A-7 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-8 described below, the “Initial Note A-8 Holder”), BARCLAYS CAPITAL REAL ESTATE INC. (“BCREI” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-9 described below, the “Initial Note A-9 Holder”), BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-10 described below, the “Initial Note A-10 Holder”) and BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-11 described below, the “Initial Note A-11 Holder”; the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder, the Initial Note A-4 Holder, the Initial Note A-5 Holder, the Initial Note A-6 Holder, the Initial Note A-7 Holder, the Initial Note A-8 Holder, the Initial Note A-9 Holder, the Initial Note A-10 Holder and the Initial Note A-11 A-2 Holder are referred to collectively herein as the “Initial Note Holders”) and XXXXXX XXXXXXX MORTGAGE CAPITAL HOLDINGS LLC (“MSMCH” and, in its capacity as initial agent, the “Initial Agent”).

Appears in 2 contracts

Samples: Agreement Between Note Holders (Morgan Stanley Capital I Trust 2019-H6), Agreement Between Note Holders (Bank 2019-Bnk18)

Representations of the Note Holders. 40 30 Section 12. No Creation of a Partnership or Exclusive Purchase Right. 40 31 Section 13. Other Business Activities of the Note Holders. 41 31 Section 14. Sale of the Notes. 41 31 Section 15. Registration of the Notes and Each Note Holder. 44 34 Section 16. Governing Law; Waiver of Jury Trial. 44 35 Section 17. Submission To Jurisdiction; Waivers. 45 35 Section 18. Modifications. 45 36 Section 19. Successors and Assigns; Third Party Beneficiaries. 46 36 Section 20. Counterparts. 46 36 Section 21. Captions. 46 36 Section 22. Severability. 46 36 Section 23. Entire Agreement. 46 37 Section 24. Withholding Taxes. 46 37 Section 25. Custody of Mortgage Loan Documents. 48 38 Section 26. Cooperation in Securitization. 48 38 Section 27. Notices. 49 39 Section 28. Broker. 49 39 Section 29. Certain Matters Affecting the Agent. 49 39 Section 30. Reserved. 50 40 Section 31. Resignation of Agent. 50 40 Section 32. Resizing. 50 40 This AGREEMENT BETWEEN NOTE HOLDERS (this “Agreement”), dated as of February 1September 26, 2024 2019 by and between XXXXXX XXXXXXX BANK, N.A. (“MSBNA” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-1 described below, the “Initial Note A-1 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-2 described below, the “Initial Note A-2 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-3 described below, the “Initial Note A-3 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-4 described below, the “Initial Note A-4 Holder”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“JPMCB” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-5 described below, the “Initial Note A-5 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-6 described below, the “Initial Note A-6 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-7 described below, the “Initial Note A-7 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-8 described below, the “Initial Note A-8 Holder”), BARCLAYS CAPITAL REAL ESTATE INC. (“BCREI” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-9 described below, the “Initial Note A-9 Holder”), BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-10 described below, the “Initial Note A-10 Holder”) and BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-11 described below, the “Initial Note A-11 Holder”; the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder, the Initial Note A-4 Holder, the Initial Note A-5 Holder, the Initial Note A-6 Holder, the Initial Note A-7 Holder, the Initial Note A-8 Holder, the Initial Note A-9 Holder, the Initial Note A-10 Holder and the Initial Note A-11 A-2 Holder are referred to collectively herein as the “Initial Note Holders”) and XXXXXX XXXXXXX MORTGAGE CAPITAL HOLDINGS LLC (“MSMCH” and, in its capacity as initial agent, the “Initial Agent”).

Appears in 2 contracts

Samples: Agreement Between Note Holders (Bank 2019-Bnk20), Agreement Between Note Holders (Bank 2019-Bnk21)

Representations of the Note Holders. 40 30 Section 12. No Creation of a Partnership or Exclusive Purchase Right. 40 31 Section 13. Other Business Activities of the Note Holders. 41 31 Section 14. Sale of the Notes. 41 31 Section 15. Registration of the Notes and Each Note Holder. 44 34 Section 16. Governing Law; Waiver of Jury Trial. 44 35 Section 17. Submission To Jurisdiction; Waivers. 45 35 Section 18. Modifications. 45 35 Section 19. Successors and Assigns; Third Party Beneficiaries. 46 36 Section 20. Counterparts. 46 36 Section 21. Captions. 46 36 Section 22. Severability. 46 36 Section 23. Entire Agreement. 46 36 Section 24. Withholding Taxes. 46 36 Section 25. Custody of Mortgage Loan Documents. 48 38 Section 26. Cooperation in Securitization. 48 38 Section 27. Notices. 49 39 Section 28. Broker. 49 39 Section 29. Certain Matters Affecting the Agent. 49 39 Section 30. Reserved. 50 40 Section 31. Resignation of Agent. 50 40 Section 32. Resizing. 50 40 This AGREEMENT BETWEEN NOTE HOLDERS (this “Agreement”), dated as of February 1December 22, 2024 2020 by and between XXXXXX XXXXXXX BANK, N.A. (“MSBNA” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-1 described below, the “Initial Note A-1 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-2 described below, the “Initial Note A-2 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-3 described below, the “Initial Note A-3 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-4 described below, the “Initial Note A-4 Holder”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“JPMCB” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-5 described below, the “Initial Note A-5 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-6 described below, the “Initial Note A-6 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-7 described below, the “Initial Note A-7 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-8 described below, the “Initial Note A-8 Holder”), BARCLAYS CAPITAL REAL ESTATE INC. (“BCREI” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-9 described below, the “Initial Note A-9 Holder”), BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-10 described below, the “Initial Note A-10 Holder”) and BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-11 described below, the “Initial Note A-11 Holder”; the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder, the Initial Note A-4 Holder, the Initial Note A-5 Holder, the Initial Note A-6 Holder, the Initial Note A-7 Holder, the Initial Note A-8 Holder, the Initial Note A-9 Holder, the Initial Note A-10 Holder and the Initial Note A-11 A-2 Holder are referred to collectively herein as the “Initial Note Holders”) and XXXXXX XXXXXXX MORTGAGE CAPITAL HOLDINGS LLC (“MSMCH” and, in its capacity as initial agent, the “Initial Agent”).

Appears in 2 contracts

Samples: Agreement Between Note Holders (Bank 2021-Bnk31), Agreement Between Note Holders (Bank 2020-Bnk30)

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Representations of the Note Holders. 40 31 Section 12. No Creation of a Partnership or Exclusive Purchase Right. 40 31 Section 13. Other Business Activities of the Note Holders. 41 31 Section 14. Sale of the Notes. 41 31 Section 15. Registration of the Notes and Each Note Holder. 44 34 Section 16. Governing Law; Waiver of Jury Trial. 44 35 Section 17. Submission To Jurisdiction; Waivers. 45 35 Section 18. Modifications. 45 36 Section 19. Successors and Assigns; Third Party Beneficiaries. 46 36 Section 20. Counterparts. 46 36 Section 21. Captions. 46 36 Section 22. Severability. 46 36 Section 23. Entire Agreement. 46 37 Section 24. Withholding Taxes. 46 37 Section 25. Custody of Mortgage Loan Documents. 48 38 Section 26. Cooperation in Securitization. 48 38 Section 27. Notices. 49 39 Section 28. Broker. 49 39 Section 29. Certain Matters Affecting the Agent. 49 40 Section 30. Reserved. 50 40 Section 31. Resignation of Agent. 50 40 Section 32. Resizing. 50 41 This AGREEMENT BETWEEN NOTE HOLDERS (this “Agreement”), dated as of February 1June 26, 2024 2020 by and between XXXXXX XXXXXXX BANK, N.A. (“MSBNA” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-1 described below, the “Initial Note A-1 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-2 described below, the “Initial Note A-2 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-3 described below, the “Initial Note A-3 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-4 described below, the “Initial Note A-4 Holder”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“JPMCB” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-5 described below, the “Initial Note A-5 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-6 described below, the “Initial Note A-6 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-7 described below, the “Initial Note A-7 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-8 described below, the “Initial Note A-8 Holder”), BARCLAYS CAPITAL REAL ESTATE INC. (“BCREI” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-9 described below, the “Initial Note A-9 Holder”), BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-10 described below, the “Initial Note A-10 Holder”) and BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-11 described below, the “Initial Note A-11 Holder”; the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder, the Initial Note A-4 Holder, the Initial Note A-5 Holder, the Initial Note A-6 Holder, the Initial Note A-7 Holder, the Initial Note A-8 Holder, the Initial Note A-9 Holder, the Initial Note A-10 Holder and the Initial Note A-11 A-2 Holder are referred to collectively herein as the “Initial Note Holders”) and XXXXXX XXXXXXX MORTGAGE CAPITAL HOLDINGS LLC (“MSMCH” and, in its capacity as initial agent, the “Initial Agent”).

Appears in 2 contracts

Samples: Agreement Between Note Holders (Morgan Stanley Capital I Trust 2020-Hr8), Agreement Between Note Holders (Bank 2020-Bnk27)

Representations of the Note Holders. 40 30 Section 12. No Creation of a Partnership or Exclusive Purchase Right. 40 30 Section 13. Other Business Activities of the Note Holders. 41 30 Section 14. Sale of the Notes. 41 31 Section 15. Registration of the Notes and Each Note Holder. 44 33 Section 16. Governing Law; Waiver of Jury Trial. 44 34 Section 17. Submission To Jurisdiction; Waivers. 45 34 Section 18. Modifications. 45 35 Section 19. Successors and Assigns; Third Party Beneficiaries. 46 35 Section 20. Counterparts. 46 35 Section 21. Captions. 46 35 Section 22. Severability. 46 36 Section 23. Entire Agreement. 46 36 Section 24. Withholding Taxes. 46 36 Section 25. Custody of Mortgage Loan Documents. 48 37 Section 26. Cooperation in Securitization. 48 37 Section 27. Notices. 49 38 Section 28. Broker. 49 38 Section 29. Certain Matters Affecting the Agent. 49 39 Section 30. Reserved. 50 39 Section 31. Resignation of Agent. 50 39 Section 32. Resizing. 50 40 This AGREEMENT BETWEEN NOTE HOLDERS (this “Agreement”), dated as of February 1May 28, 2024 2021 by and between XXXXXX XXXXXXX BANK, N.A. (“MSBNA” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-1 described below, the “Initial Note A-1 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-2 described below, the “Initial Note A-2 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-3 described below, the “Initial Note A-3 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-4 described below, the “Initial Note A-4 Holder”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“JPMCB” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-5 described below, the “Initial Note A-5 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-6 described below, the “Initial Note A-6 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-7 described below, the “Initial Note A-7 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-8 described below, the “Initial Note A-8 Holder”), BARCLAYS CAPITAL REAL ESTATE INC. (“BCREI” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-9 described below, the “Initial Note A-9 Holder”), BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-10 described below, the “Initial Note A-10 Holder”) and BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-11 described below, the “Initial Note A-11 Holder”; the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder, the Initial Note A-4 Holder, the Initial Note A-5 Holder, the Initial Note A-6 Holder, the Initial Note A-7 Holder, the Initial Note A-8 Holder, the Initial Note A-9 Holder, the Initial Note A-10 Holder and the Initial Note A-11 A-2 Holder are referred to collectively herein as the “Initial Note Holders”) and XXXXXX XXXXXXX MORTGAGE CAPITAL HOLDINGS LLC (“MSMCH” and, in its capacity as initial agent, the “Initial Agent”).

Appears in 2 contracts

Samples: Agreement Between Note Holders (Bank 2021-Bnk35), Agreement Between Note Holders (Bank 2021-Bnk34)

Representations of the Note Holders. 40 31 Section 12. No Creation of a Partnership or Exclusive Purchase Right. 40 31 Section 13. Other Business Activities of the Note Holders. 41 31 Section 14. Sale of the Notes. 41 31 Section 15. Registration of the Notes and Each Note Holder. 44 34 Section 16. Governing Law; Waiver of Jury Trial. 44 35 Section 17. Submission To Jurisdiction; Waivers. 45 35 Section 18. Modifications. 45 36 Section 19. Successors and Assigns; Third Party Beneficiaries. 46 36 Section 20. Counterparts. 46 36 Section 21. Captions. 46 36 Section 22. Severability. 46 36 Section 23. Entire Agreement. 46 37 Section 24. Withholding Taxes. 46 37 Section 25. Custody of Mortgage Loan Documents. 48 38 Section 26. Cooperation in Securitization. 48 38 Section 27. Notices. 49 39 Section 28. Broker. 49 39 Section 29. Certain Matters Affecting the Agent. 49 40 Section 30. Reserved. 50 40 Section 31. Resignation of Agent. 50 40 Section 32. Resizing. 50 41 This AGREEMENT BETWEEN NOTE HOLDERS (this “Agreement”), dated as of February 1October 23, 2024 2019 by and between XXXXXX XXXXXXX BANK, N.A. (“MSBNA” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-1 described below, the “Initial Note A-1 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-2 described below, the “Initial Note A-2 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-3 described below, the “Initial Note A-3 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-4 described below, the “Initial Note A-4 Holder”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“JPMCB” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-5 described below, the “Initial Note A-5 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-6 described below, the “Initial Note A-6 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-7 described below, the “Initial Note A-7 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-8 described below, the “Initial Note A-8 Holder”), BARCLAYS CAPITAL REAL ESTATE INC. (“BCREI” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-9 described below, the “Initial Note A-9 Holder”), BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-10 described below, the “Initial Note A-10 Holder”) and BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-11 described below, the “Initial Note A-11 Holder”; the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder, the Initial Note A-4 Holder, the Initial Note A-5 Holder, the Initial Note A-6 Holder, the Initial Note A-7 Holder, the Initial Note A-8 Holder, the Initial Note A-9 Holder, the Initial Note A-10 Holder and the Initial Note A-11 A-3 Holder are referred to collectively herein as the “Initial Note Holders”) and XXXXXX XXXXXXX MORTGAGE CAPITAL HOLDINGS LLC (“MSMCH” and, in its capacity as initial agent, the “Initial Agent”).

Appears in 2 contracts

Samples: Agreement Between Note Holders (Bank 2019-Bnk22), Agreement Between Note Holders (Bank 2019-Bnk21)

Representations of the Note Holders. 40 30 Section 12. No Creation of a Partnership or Exclusive Purchase Right. 40 31 Section 13. Other Business Activities of the Note Holders. 41 31 Section 14. Sale of the Notes. 41 31 Section 15. Registration of the Notes and Each Note Holder. 44 34 Section 16. Governing Law; Waiver of Jury Trial. 44 35 Section 17. Submission To Jurisdiction; Waivers. 45 35 Section 18. Modifications. 45 36 Section 19. Successors and Assigns; Third Party Beneficiaries. 46 36 Section 20. Counterparts. 46 36 Section 21. Captions. 46 36 Section 22. Severability. 46 36 Section 23. Entire Agreement. 46 37 Section 24. Withholding Taxes. 46 37 Section 25. Custody of Mortgage Loan Documents. 48 38 Section 26. Cooperation in Securitization. 48 38 Section 27. Notices. 49 39 Section 28. Broker. 49 39 Section 29. Certain Matters Affecting the Agent. 49 39 Section 30. Reserved. 50 40 Section 31. Resignation of Agent. 50 40 Section 32. Resizing. 50 40 This AGREEMENT BETWEEN NOTE HOLDERS (this “Agreement”), dated as of February 1August 22, 2024 2019 by and between XXXXXX XXXXXXX BANK, N.A. (“MSBNA” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-1 described below, the “Initial Note A-1 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-2 described below, the “Initial Note A-2 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-3 described below, the “Initial Note A-3 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-4 described below, the “Initial Note A-4 Holder”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“JPMCB” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-5 described below, the “Initial Note A-5 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-6 described below, the “Initial Note A-6 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-7 described below, the “Initial Note A-7 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-8 described below, the “Initial Note A-8 Holder”), BARCLAYS CAPITAL REAL ESTATE INC. (“BCREI” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-9 described below, the “Initial Note A-9 Holder”), BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-10 described below, the “Initial Note A-10 Holder”) and BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-11 described below, the “Initial Note A-11 Holder”; the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder, the Initial Note A-4 Holder, the Initial Note A-5 Holder, the Initial Note A-6 Holder, the Initial Note A-7 Holder, the Initial Note A-8 Holder, the Initial Note A-9 Holder, the Initial Note A-10 Holder and the Initial Note A-11 A-2 Holder are referred to collectively herein as the “Initial Note Holders”) and XXXXXX XXXXXXX MORTGAGE CAPITAL HOLDINGS LLC (“MSMCH” and, in its capacity as initial agent, the “Initial Agent”).

Appears in 1 contract

Samples: Agreement Between Note Holders (Bank 2019-Bnk20)

Representations of the Note Holders. 40 30 Section 12. No Creation of a Partnership or Exclusive Purchase Right. 40 30 Section 13. Other Business Activities of the Note Holders. 41 30 Section 14. Sale of the Notes. 41 31 Section 15. Registration of the Notes and Each Note Holder. 44 33 Section 16. Governing Law; Waiver of Jury Trial. 44 34 Section 17. Submission To Jurisdiction; Waivers. 45 34 Section 18. Modifications. 45 35 Section 19. Successors and Assigns; Third Party Beneficiaries. 46 35 Section 20. Counterparts. 46 35 Section 21. Captions. 46 35 Section 22. Severability. 46 36 Section 23. Entire Agreement. 46 36 Section 24. Withholding Taxes. 46 36 Section 25. Custody of Mortgage Loan Documents. 48 37 Section 26. Cooperation in Securitization. 48 37 Section 27. Notices. 49 38 Section 28. Broker. 49 38 Section 29. Certain Matters Affecting the Agent. 49 39 Section 30. Reserved. 50 39 Section 31. Resignation of Agent. 50 39 Section 32. Resizing. 50 40 This AGREEMENT BETWEEN NOTE HOLDERS (this “Agreement”), dated as of February 1March 10, 2024 2022 by and between XXXXXX XXXXXXX BANK, N.A. (“MSBNA” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-1 described below, the “Initial Note A-1 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-2 described below, the “Initial Note A-2 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-3 described below, the “Initial Note A-3 Holder”), MSBNA (together with its successors and assigns in interest, in its capacity as initial owner of Note A-4 described below, the “Initial Note A-4 Holder”), JPMORGAN CHASE BANK, NATIONAL ASSOCIATION (“JPMCB” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-5 described below, the “Initial Note A-5 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-6 described below, the “Initial Note A-6 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-7 described below, the “Initial Note A-7 Holder”), JPMCB (together with its successors and assigns in interest, in its capacity as initial owner of Note A-8 described below, the “Initial Note A-8 Holder”), BARCLAYS CAPITAL REAL ESTATE INC. (“BCREI” and, together with its successors and assigns in interest, in its capacity as initial owner of Note A-9 described below, the “Initial Note A-9 Holder”), BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-10 described below, the “Initial Note A-10 Holder”) and BCREI (together with its successors and assigns in interest, in its capacity as initial owner of Note A-11 described below, the “Initial Note A-11 Holder”; the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder, the Initial Note A-4 Holder, the Initial Note A-5 Holder, the Initial Note A-6 Holder, the Initial Note A-7 Holder, the Initial Note A-8 Holder, the Initial Note A-9 Holder, the Initial Note A-10 Holder and the Initial Note A-11 A-2 Holder are referred to collectively herein as the “Initial Note Holders”) and XXXXXX XXXXXXX MORTGAGE CAPITAL HOLDINGS LLC (“MSMCH” and, in its capacity as initial agent, the “Initial Agent”).

Appears in 1 contract

Samples: Agreement Between Note Holders (Morgan Stanley Capital I Trust 2022-L8)

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