Common use of Resignation and Removal of Trustee and Certificate Administrator Clause in Contracts

Resignation and Removal of Trustee and Certificate Administrator. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicers, the Special Servicer and all the Serviced Non-Trust Mortgage Loan Noteholders and to all Certificateholders at their respective addresses set forth in the Certificate Register. Upon receiving such notice of resignation, Master Servicer No. 1 shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and acceptable to the Depositor and the Rating Agencies by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee and to the successor trustee. A copy of such instrument shall be delivered to the Depositor, Master Servicer No. 2, Master Servicer No. 3, the Special Servicer, the Serviced Nox-Xxxxx Xxxxxxxx Xxxx Xxxxxxlders and the Certificateholders by Master Servicer No. 1. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CD 2007-Cd4 Commercial Mortgage Trust)

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Resignation and Removal of Trustee and Certificate Administrator. (a) The Trustee or the Certificate Administrator may at any time resign resign, and in the case of the Trustee, be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicers, the Special Servicer and all the Serviced Non-Trust Mortgage Loan Noteholders and Servicer, to all Certificateholders at their respective addresses set forth in the Certificate Register. Upon receiving such notice of resignation, Master Servicer No. 1 the Depositor shall promptly appoint a successor trustee or certificate administrator, as the case may be, meeting the requirements in Section 8.06 and acceptable to the Depositor and the Rating Agencies by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee or Certificate Administrator, as the case may be, and to the successor trusteetrustee or certificate administrator, as the case may be. A copy of such instrument shall be delivered to the Depositor, Master Servicer No. 2, Master Servicer No. 3Servicers, the Special Servicer, the Serviced Nox-Xxxxx Xxxxxxxx Xxxx Xxxxxxlders Servicer and the Certificateholders by Master Servicer No. 1Certificateholders. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ML-CFC Commercial Mortgage Trust 2007-9)

Resignation and Removal of Trustee and Certificate Administrator. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicers, the Special Servicer and all the Serviced NonB-Trust Mortgage Loan Noteholders and to all Certificateholders at their respective addresses set forth in the Certificate Register. Upon receiving such notice of resignation, Master Servicer No. 1 shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and acceptable to the Depositor and the Rating Agencies by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee and to the successor trustee. A copy of such instrument shall be delivered to the Depositor, Master Servicer No. 2, Master Servicer No. 3, the Special Servicer, the Serviced NoxB-Xxxxx Xxxxxxxx Xxxx Xxxxxxlders Noteholders and the Certificateholders by Master Servicer No. 1. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Trust 2006-C5)

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Resignation and Removal of Trustee and Certificate Administrator. (a) The Trustee may at any time resign and be discharged from the trusts hereby created by giving written notice thereof to the Depositor, the Master Servicers, the Special Servicer and all the Serviced Non-Trust Mortgage Loan Noteholders and to all Certificateholders at their respective addresses set forth in the Certificate Register. Upon receiving such notice of resignation, Master Servicer No. 1 shall promptly appoint a successor trustee meeting the requirements in Section 8.06 and acceptable to the Depositor and the Rating Agencies by written instrument, in duplicate, which instrument shall be delivered to the resigning Trustee and to the successor trustee. A copy of such instrument shall be delivered to the Depositor, Master Servicer NoXx. 20, Master Servicer NoXxxxxx Xxxxxxxx Xx. 30, the Special Servicer, the Serviced NoxNon-Xxxxx Xxxxxxxx Xxxx Xxxxxxlders Trust Mortgage Loan Noteholders and the Certificateholders by Master Servicer No. 1. If no successor trustee shall have been so appointed and have accepted appointment within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Trust 2007-C6)

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