Securitization Servicing Agreement. Each Note Holder hereby irrevocably appoints the Master Servicer, the Special Servicer and the Trustee in the Lead Securitization as such Note Holder’s attorney-in-fact to sign any documents reasonably required with respect to the administration and servicing of the Mortgage Loan on its behalf under the Lead Securitization Servicing Agreement (subject at all times to the rights of the Note Holder set forth herein and in the Lead Securitization Servicing Agreement). In no event shall the Lead Securitization Servicing Agreement require the Servicer to enforce the rights of any Note Holder against the other Note Holder or limit the Servicer in enforcing the rights of one Note Holder against the other Note Holder; however, this statement shall not be construed to otherwise limit the rights of one Note Holder with respect to the other Note Holder. Each Servicer shall be required pursuant to the Lead Securitization Servicing Agreement to service the Mortgage Loan in accordance with the Servicing Standard, the terms of the Mortgage Loan Documents, the Lead Securitization Servicing Agreement and applicable law, each Servicer shall provide information to each Non-Lead Servicer under the Non-Lead Securitization Servicing Agreement to enable each such Non-Lead Servicer to perform its servicing duties under the Non-Lead Securitization Servicing Agreement and each Servicer shall not take any action or refrain from taking any action or follow any direction inconsistent with the foregoing.
Appears in 4 contracts
Samples: Co Lender Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2017-C34), Co Lender Agreement (Citigroup Commercial Mortgage Trust 2017-P8), Co Lender Agreement (Citigroup Commercial Mortgage Trust 2016-P5)
Securitization Servicing Agreement. Each Note Holder acknowledges that any other Note Holder may elect, in its sole discretion, to include its Note in a Securitization and agrees that it will, subject to Section 27, reasonably cooperate with such other Note Holder, at such other Note Holder’s expense, to effect such Securitization. Subject to the terms and conditions of this Agreement, each Note Holder hereby irrevocably and unconditionally consents to the appointment of the Master Servicer and the Trustee under the Lead Securitization Servicing Agreement by the Depositor and the appointment of the Special Servicer as the initial Special Servicer by the Controlling Note Holder and agrees to reasonably cooperate with the Master Servicer and the Special Servicer with respect to the servicing of the Mortgage Loan in accordance with the Lead Securitization Servicing Agreement. Each Note Holder hereby irrevocably appoints the Master Servicer, the Special Servicer and the Trustee in the Lead Securitization as such Note Holder’s attorney-in-fact to sign any documents reasonably required with respect to the administration and servicing of the Mortgage Loan on its behalf under the Lead Securitization Servicing Agreement (subject at all times to the rights of the such Note Holder set forth herein and in the Lead Securitization Servicing Agreement). In no event shall the The Lead Securitization Servicing Agreement shall not require the Servicer to enforce the rights of any one Note Holder against the other Note Holder or Holder, and shall not limit the Servicer in enforcing the rights of one Note Holder against the any other Note Holder, as may be required in order to service the Mortgage Loan as contemplated by this Agreement and the Lead Securitization Servicing Agreement; however, provided that it is also understood and agreed that nothing in this statement sentence shall not be construed to otherwise limit the rights of one Note Holder with respect to the any other Note Holder. Each Servicer shall be required pursuant to the Lead Securitization Servicing Agreement (i) to service the Mortgage Loan in accordance with the Servicing Standard, the terms of the Mortgage Loan Documents, the Lead Securitization Servicing Agreement and applicable law, each Servicer shall (ii) to provide information to each Non-Lead Servicer servicer under the each Non-Lead Securitization Servicing Agreement necessary to enable each such Non-Lead Servicer servicer to perform its servicing duties under the each Non-Lead Securitization Servicing Agreement Agreement, and each Servicer shall (iii) to not take any action or refrain from taking any action or follow any direction inconsistent with the foregoing.
Appears in 3 contracts
Samples: Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C7), Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C6), Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C5)
Securitization Servicing Agreement. Each Note Holder hereby irrevocably appoints the Master Servicer, the Special Servicer and the Trustee in the Lead Securitization as such Note Holder’s attorney-in-fact to sign any documents reasonably required with respect to the administration and servicing of the Mortgage Loan on its behalf under the Lead Securitization Servicing Agreement (subject at all times to the rights of the Note Holder set forth herein and in the Lead Securitization Servicing Agreement). In no event shall the Lead Securitization Servicing Agreement require the Servicer to enforce the rights of any Note Holder against the any other Note Holder or limit the Servicer in enforcing the rights of one Note Holder against the any other Note Holder; however, this statement shall not be construed to otherwise limit the rights of one Note Holder with respect to the other Note HolderHolders. Each Servicer shall be required pursuant to the Lead Securitization Servicing Agreement to service the Mortgage Loan in accordance with the Servicing Standard, the terms of the Mortgage Loan Documents, the Lead Securitization Servicing Agreement and applicable law, each Servicer shall provide information to each Non-Lead Servicer under the Non-Lead Securitization Servicing Agreement to enable each such Non-Lead Servicer to perform its servicing duties under the Non-Lead Securitization Servicing Agreement and each Servicer shall not take any action or refrain from taking any action or follow any direction inconsistent with the foregoing.
Appears in 2 contracts
Samples: Co Lender Agreement (CCUBS Commercial Mortgage Trust 2017-C1), Co Lender Agreement (GS Mortgage Securities Trust 2017-Gs7)