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”) or Barclays or an affiliate thereof (a “Barclays Entity”, and together with an Argentic Entity, a “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 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 7 contracts

Samples: Co Lender Agreement (BMO 2024-C9 Mortgage Trust), Co Lender Agreement (BBCMS Mortgage Trust 2024-C24), Co Lender Agreement (BBCMS Mortgage Trust 2024-C24)

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Resizing. Notwithstanding any other provision of this Agreement, for so long as Argentic or an affiliate thereof (an “Argentic Entity”) or Barclays Xxxxx Fargo Bank or an affiliate thereof (a “Barclays Xxxxx Fargo Bank Entity”, and together with an Argentic Entity, a “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 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 (Bank5 2024-5yr8), Co Lender Agreement (BBCMS Mortgage Trust 2023-C22), Co Lender Agreement (BMO 2023-C6 Mortgage Trust)

Resizing. Notwithstanding any other provision of this Agreement, for so long as Argentic or an affiliate thereof (an “Argentic Entity”) or Barclays Goldman or an affiliate thereof (a “Barclays Goldman Entity”, and together with an Argentic Entity, a “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 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 3 contracts

Samples: Co Lender Agreement (BBCMS Mortgage Trust 2024-C24), Co Lender Agreement (Benchmark 2023-B40 Mortgage Trust), Co Lender Agreement (BBCMS Mortgage Trust 2023-5c23)

Resizing. Notwithstanding any other provision of this Agreement, for so long as Argentic or an affiliate thereof (an “Argentic Entity”) or Barclays X.X. Xxxxxx or an affiliate thereof (a “Barclays X.X. Xxxxxx Entity”, and together with an Argentic Entity, a “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 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 3 contracts

Samples: Co Lender Agreement (MSWF Commercial Mortgage Trust 2023-1), Co Lender Agreement (BBCMS Mortgage Trust 2023-C19), Co Lender Agreement (Benchmark 2023-B38 Mortgage Trust)

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Resizing. Notwithstanding any other provision of this Agreement, for so long as Argentic or an affiliate thereof (an “Argentic Entity”) or Barclays Xxxxxxx Xxxxx or an affiliate thereof (a “Barclays Goldman Entity”, and together with an Argentic Entity, a “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 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 2 contracts

Samples: Co Lender Agreement (DBJPM 2020-C9 Mortgage Trust), Co Lender Agreement (Morgan Stanley Capital I Trust 2020-Hr8)

Resizing. Notwithstanding any other provision of this Agreement, for so long as Argentic or an affiliate thereof (an “Argentic Entity”) or Barclays Wxxxx Fargo Bank or an affiliate thereof (a “Barclays Wxxxx Fargo Bank Entity”, and together with an Argentic Entity, a “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 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 1 contract

Samples: Co Lender Agreement (Wells Fargo Commercial Mortgage Trust 2024-5c1)

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