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Common use of Retention of Servicer Clause in Contracts

Retention of Servicer. Lender reserves the right to retain the --------------------- Servicer to act as its agent hereunder with such powers as are specifically delegated to the Servicer by Lender, whether pursuant to the terms of this Agreement, any Pooling and Servicing Agreement or similar agreement entered into as a result of a Secondary Market Transaction, the Cash Management Agreement or otherwise, together with such other powers as are reasonably incidental thereto. Borrowers shall pay any reasonable fees and expenses of the Servicer in connection with a release or substitution of any Collateral Properties, assumption or modification of the Loan, enforcement of the Loan Documents or any other action taken by Servicer hereunder on behalf of Lender.

Appears in 1 contract

Samples: Loan Agreement (Westfield America Inc)

Retention of Servicer. Lender reserves the right to retain the --------------------- Servicer to act as its agent hereunder with such powers as are specifically delegated to the Servicer by Lender, whether pursuant to the terms of this Agreement, any Pooling pooling and Servicing Agreement servicing agreement or similar agreement entered into as a result of a Secondary Market Transaction, the Cash Management Deposit Account Agreement or otherwise, together with such other powers as are reasonably incidental thereto. Borrowers shall pay any reasonable fees and expenses of the Servicer in connection with a release or substitution of any Collateral PropertiesProperty, assumption or modification of the Loan, enforcement of the Loan Documents or any other action taken by Servicer hereunder on behalf of Lender. Upon the retention of any Servicer, Lender shall so notify Borrowers in writing.

Appears in 1 contract

Samples: Loan Agreement (Lodgian Inc)

Retention of Servicer. Lender reserves the right to retain the --------------------- Servicer to act as its agent hereunder with such powers as are specifically delegated to the Servicer by Lender, whether pursuant to the terms of this Agreement, any Pooling pooling and Servicing Agreement servicing agreement or similar agreement entered into as a result of a Secondary Market Transaction, the Cash Management Deposit Account Agreement or otherwise, together with such other powers as are reasonably incidental thereto. Borrowers Borrower shall pay any reasonable fees and expenses of the Servicer in connection with a release or substitution of any Collateral Propertiesthe Property, assumption or modification of the Loan, enforcement of the Loan Documents or any other action taken by Servicer hereunder on behalf of Lender.

Appears in 1 contract

Samples: Loan Agreement (Konover Property Trust Inc)

Retention of Servicer. Lender reserves the right to retain the --------------------- Servicer to act as its agent hereunder with such powers as are specifically delegated to the Servicer by Lender, whether pursuant to the terms of this Agreement, any Pooling pooling and Servicing Agreement servicing agreement or similar agreement entered into as a result of a Secondary Market Transaction, the Cash Management Deposit Account Agreement or otherwise, together with such other powers as are reasonably incidental thereto. Borrowers Borrower shall pay any reasonable fees and expenses of the Servicer in connection with a release of the Property (or substitution of any Collateral Propertiesportion thereof), assumption or modification of the Loan, enforcement of the Loan Documents or any other action or approval taken by Servicer hereunder on behalf of Lender[, (which shall not include ongoing regular servicing fees relating to the day-to-day servicing of the Loan, for which Borrower shall not be charged)].

Appears in 1 contract

Samples: Loan Agreement (Prime Group Realty Trust)

Retention of Servicer. Lender reserves the right to retain the --------------------- Servicer to act as its agent hereunder with such powers as are specifically delegated to the Servicer by Lender, whether pursuant to the terms of this Agreement, any Pooling pooling and Servicing Agreement servicing agreement or similar agreement entered into as a result of a Secondary Market Transaction, the Cash Management Deposit Account Agreement or otherwise, together with such other powers as are reasonably incidental thereto. Borrowers shall pay any reasonable fees and expenses of the Servicer in connection with a release or substitution of any Collateral Propertiesthe Property, assumption or modification of the Loan, enforcement of the Loan Documents or any other action taken by Servicer hereunder on behalf of Lender, to the extent such actions are permitted to be taken pursuant to the terms of the Loan Documents, but only to the extent that Borrowers are expressly required to pay such expenses pursuant to the terms of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)