Common use of Resizing Clause in Contracts

Resizing. Notwithstanding any other provision of this Agreement, for so long as Starwood or an affiliate thereof (a “Starwood Entity”) is the owner of a Note or a portion thereof that has not been sold pursuant to a Securitization (such Note or portion thereof, the “Owned Note”), such Starwood Entity shall have the right, subject to the terms of the Mortgage Loan Documents, to cause the Mortgage Loan Borrower to execute amended and restated notes or additional notes (in either case, “New Notes”) reallocating the principal of the Owned Note to such New Notes; or severing the Owned Note into one or more further “component” notes in the aggregate principal amount equal to the then outstanding principal balance of the Owned Note, provided that:

Resizing. Notwithstanding any other provision of this Agreement, for so long as BMO, Starwood or an affiliate thereof (any of BMO, Starwood or any respective affiliate thereof, a “BMO/Starwood Entity”) is the owner of a Note or a portion thereof that has not been sold pursuant to a Securitization (such Note or portion thereof, the “Owned Note”), such BMO/Starwood Entity shall have the right, subject to the terms of the Mortgage Loan Documents, to cause the Mortgage Loan Borrower to execute amended and restated notes or additional notes (in either case, “New Notes”) reallocating the principal of the Owned Note to such New Notes; or severing the Owned Note into one or more further “component” notes in the aggregate principal amount equal to the then outstanding principal balance of the Owned Note, provided that: