Sections 3 Sample Clauses

Sections 3. 08(a) and (c). References to the Serviced Loan Combination Collection Account shall be references to the Primary Servicer Serviced Loan Combination Collection Account. All insurance policies caused to be maintained by the Primary Servicer hereunder shall also name the Master Servicer (or Primary Servicer) as loss payee. Within forty-five (45) days after the Closing Date, the Primary Servicer shall forward to the Master Servicer a fully completed certificate of insurance in the form of Exhibit H attached hereto. Without limiting the generality of the obligations of the Primary Servicer hereunder, the Primary Servicer shall monitor and certify as to the status of insurance policies relating to the Serviced Loan Combination on a quarterly basis starting for the quarter ending in March of 2014, within 30 days of the end of such quarter as required by, and in the form of, Exhibit E attached hereto, pursuant to Section 3.01(c)(24) of this Agreement. The Primary Servicer shall promptly notify the Master Servicer of any Mortgaged Property that is not insured against terrorist or other similar acts. The Master Servicer or the Special Servicer shall make all determinations with respect to terrorism insurance matters required to be made under Section 3.08 of the Pooling and Servicing Agreement, and the Primary Servicer shall reasonably cooperate with the Master Servicer in connection therewith. The Master Servicer shall notify the Primary Servicer of any such determination.

Sections 3. 03(a) and (b) of the Credit Agreement are hereby amended and restated in their entirety to read as follows:

Sections 3. 11 is revised by replacing the first paragraph of such Section with the following:

Sections 3. 05(a) and (g)-(i) are not incorporated herein. The Primary Servicer may, from time to time, make withdrawals from the Primary Servicer Collection Account for any of the following purposes (the order set forth below not constituting an order of priority for such withdrawals): (i) to remit to the Master Servicer for deposit in the Collection Account the amounts required to be so deposited pursuant to the second sentence of Section 3.04(b) of the Pooling and Servicing Agreement and the second paragraph of Section 3.01(c)(8) of this Agreement and to remit to the Companion Paying Agent for deposit into the Primary Servicer Companion Distribution Account the amounts required to be so deposited pursuant to the fourth paragraph of Section 3.04(b) of the Pooling and Servicing Agreement and the first paragraph of Section 3.01(c)(8) of this Agreement; (ii) to pay itself earned and unpaid Primary Servicing Fees, with respect to the Mortgage Loans, the Serviced Companion Loans and/or any successor REO Loans in respect thereof, the Primary Servicer’s right to payment pursuant to this clause (ii) with respect to any such Mortgage Loans, Serviced Companion Loans or REO Loans being limited to amounts on deposit in the Primary Servicer Collection Account that are received on or in respect of on such Mortgage Loans, the Serviced Companion Loans or REO Loan, as applicable (whether in the form of payments, Liquidation Proceeds or Insurance and Condemnation Proceeds), that are allocable as recovery of interest thereon; (iii) to pay itself out of general collections on the Mortgage Loans, the Serviced Companion Loans and related REO Properties, with respect to any Mortgage Loans, Serviced Companion Loans or REO Property any related earned Primary Servicing Fee that remained unpaid in accordance with clause (ii) above following a Final Recovery Determination made with respect to such Mortgage Loans, Serviced Companion Loans or REO Property and the deposit into the Collection Account of all amounts received in connection therewith; (iv) to pay itself, as additional servicing compensation in accordance with Section 3.11(a) of the Pooling and Servicing Agreement, interest and investment income earned in respect of amounts held in the Primary Servicer Collection Account as provided in Section 3.01(c)(10) of this Agreement, but only to the extent of the Net Investment Earnings, if any, with respect to the Primary Servicer Collection Account for the period from and including the prior ...

Sections 3. 4.2 and 3.4.3 of the Agreement are hereby replaced, in their entirety, with the following revised Sections 3.4.2 and 3.4.3:

Sections 3. 24(a) and (d). The Primary Servicer shall take no action with respect to any mezzanine loan and shall forward any notice or request received promptly to the Master Servicer. The Primary Servicer shall provide any reports and notices required under Section 3.24(a) and (d) of the Pooling and Servicing Agreement to the Serviced Companion Noteholders and shall copy the Master Servicer on any such reports or notices delivered to the Serviced Companion Noteholders. The Master Servicer, not the Primary Servicer, will deal directly with the Serviced Companion Noteholders in connection with consulting with or obtaining any necessary approval or consent from the Serviced Companion Noteholders; provided, however, that the Primary Servicer will reasonably cooperate with the Master Servicer in such consultation or obtaining such consent and shall provide to the Master Servicer information in the possession of the Primary Servicer reasonably requested by the Master Servicer to fulfill its obligations under Sections 3.24(a) and (d) of the Pooling and Servicing Agreement.

Sections 3. 1 and 3.2 of the Agreement are hereby amended to read, in their entirety, as follows:

Sections 3. A through 3.E.

Sections 3. 1 and 4.1 and Article 5 of this Agreement shall survive and continue in full force in accordance with their respective terms notwithstanding the expiration or termination of the Employment Period.

Sections 3. 6, 5.3 (solely with respect to the existence of Holdings or of any Loan Party in its jurisdiction of organization), 5.6, 5.7 (solely if any Obligor refuses to allow Agent or its representatives or agents to visit any Obligor’s properties, inspect its assets or books or records, examine and make copies of its books and records, conduct field exams, appraisals or valuations in accordance with Section 5.7(c) or discuss the Obligors’ affairs, finances, and accounts with officers and employees of any Obligor), 5.11, 5.15(a), 5.15(b)(iv), 5.15(b)(v), 5.15(c), 5.15(d), or 5.17 of this Agreement, or