Common use of Resizing Clause in Contracts

Resizing. Notwithstanding any other provision of this Agreement, for so long as Argentic or an affiliate thereof (an “Argentic 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 Argentic 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:

Appears in 19 contracts

Samples: Co Lender Agreement (BMO 2023-C4 Mortgage Trust), Co Lender Agreement (BBCMS Mortgage Trust 2022-C18), Co Lender Agreement (BBCMS Mortgage Trust 2022-C18)

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Resizing. Notwithstanding any other provision of this Agreement, for so long as Argentic or an affiliate thereof (an a Argentic Resizing 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 Argentic Resizing 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:

Appears in 6 contracts

Samples: Co Lender Agreement (BBCMS Mortgage Trust 2024-C24), Co Lender Agreement (BBCMS Mortgage Trust 2024-C24), Co Lender Agreement (MSWF Commercial Mortgage Trust 2023-2)

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