Common use of RIGHTS OF THE HOLDER OF A B NOTE Clause in Contracts

RIGHTS OF THE HOLDER OF A B NOTE. With respect to each A/B Mortgage Loan (if any), pursuant to the related Intercreditor Agreement, either the Master Servicer (with respect to Mortgage Loans that are not Specially Serviced Mortgage Loans) or the Special Servicer (with respect to Specially Serviced Mortgage Loans), as applicable, shall consult with the holder of the related B Note (or an operating advisor appointed by the holder of the B Note to act on its behalf at the expense of the holder of the B Note) regarding its views, and shall provide the holder of the related B Note with any proposals and back-up materials that are used by either the Master Servicer or the Special Servicer, as applicable, in developing such proposals (as reasonably determined by either the Master Servicer or the Special Servicer, as applicable), including but not limited to (and only if previously obtained by either the Master Servicer or the Special Servicer, as applicable, and not previously delivered to such holder of the B Note) property inspection reports, credit reports, the Mortgagor financial and/or operating statements, appraisals, engineering reports, soil reports, environmental assessment reports, seismic reports, architect's certificates, insurance premium receipts and insurance claim files, with respect to the following actions at least five (5) Business Days prior to any such action being taken:

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Cap I Inc Dep for Ser 2003 Hq2), Mortgage Loan Purchase Agreement (Morgan Stanley Dean Witter Cap I Inc Dep for Series 2001-Top), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Series 2002 Top7)

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RIGHTS OF THE HOLDER OF A B NOTE. With respect to each A/B Mortgage Loan (if any), pursuant to the related Intercreditor Agreement, either the Master Servicer (with respect to Mortgage Loans that are not Specially Serviced Mortgage Loans) or the Special Servicer (with respect to Specially Serviced Mortgage Loans), as applicable, shall consult with the holder of the related B Note (or an operating advisor appointed by the holder of the B Note to act on its behalf at the expense of the holder of the B Note) regarding its views, and shall provide the holder of the related B Note with any proposals and back-up materials that are used by either the Master Servicer or the Special Servicer, as applicable, in developing such proposals (as reasonably determined by either the Master Servicer or the Special Servicer, as applicable), including but not limited to (and only if previously obtained by either the Master Servicer or the Special Servicer, as applicable, and not previously delivered to such holder of the B Note) property inspection reports, credit reports, the Mortgagor financial and/or operating statements, appraisals, engineering reports, soil reports, environmental assessment reports, seismic reports, architect's certificates, insurance premium receipts and insurance claim files, with respect to the following actions at least five ten (510) Business Days prior to any such action being taken:taken (but may, in its sole discretion, reject any advice or direction of such holder of the B Note or such operating advisor):

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2001-Top4)

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