Common use of Resignation and Removal of the Trustee and the Fiscal Agent Clause in Contracts

Resignation and Removal of the Trustee and the Fiscal Agent. (a) The Trustee or the Fiscal Agent, as applicable, may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, all Certificateholders and the Serviced B Note Holders. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee or fiscal agent, as applicable, acceptable to the Master Servicer, by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee or the resigning Fiscal Agent and to the successor trustee or fiscal agent. A copy of such instrument shall be delivered to the Master Servicer, the Special Servicer, the Non-Serviced Mortgage Loan Service Providers, the Certificateholders and the Serviced B Note Holders by the Depositor. If no successor trustee or fiscal agent shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee or the resigning Fiscal Agent may petition any court of competent jurisdiction for the appointment of a successor trustee or fiscal agent.

Resignation and Removal of the Trustee and the Fiscal Agent. (a) The Trustee or the Fiscal Agent, as applicable, may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, all Certificateholders and the Serviced B Note Companion Loan Holders. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee or fiscal agent, as applicable, acceptable to the Master Servicer, by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee or the resigning Fiscal Agent and to the successor trustee or fiscal agent. A copy of such instrument shall be delivered to the Master Servicer, the Special Servicer, the Non-Serviced Mortgage Loan Service Providers, the Certificateholders and the Serviced B Note Companion Loan Holders by the Depositor. If no successor trustee or fiscal agent shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee or the resigning Fiscal Agent may petition any court of competent jurisdiction for the appointment of a successor trustee or fiscal agent.

Resignation and Removal of the Trustee and the Fiscal Agent. (a) The Trustee or the Fiscal Agent, as applicable, may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, all Certificateholders and the Serviced B Note Xxxxxxxx Fashion Center Companion Holders. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee or fiscal agent, as applicable, acceptable to the Master Servicer, by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee or the resigning Fiscal Agent and to the successor trustee or fiscal agent. A copy of such instrument shall be delivered to the Master Servicer, the Special Servicer, the Non-Serviced Mortgage Loan Service Providers, the Certificateholders and the Serviced B Note Xxxxxxxx Fashion Center Companion Holders by the Depositor. If no successor trustee or fiscal agent shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee or the resigning Fiscal Agent may petition any court of competent jurisdiction for the appointment of a successor trustee or fiscal agent.

Resignation and Removal of the Trustee and the Fiscal Agent. (a) The Trustee or the Fiscal Agent, as applicable, may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicer, the Special Servicer, all Certificateholders Certificateholders, the Serviced Companion Loan Holders and the Serviced B Note Holders. Upon receiving such notice of resignation, the Depositor shall promptly appoint a successor trustee or fiscal agent, as applicable, acceptable to the Master Servicer, by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee or the resigning Fiscal Agent and to the successor trustee or fiscal agent. A copy of such instrument shall be delivered to the Master Servicer, the Special Servicer, the Non-Serviced Mortgage Loan Service Providers, the Certificateholders Certificateholders, the Serviced Companion Loan Holders and the Serviced B Note Holders Holder by the Depositor. If no successor trustee or fiscal agent shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee or the resigning Fiscal Agent may petition any court of competent jurisdiction for the appointment of a successor trustee or fiscal agent.