Common use of Servicing Expenses Clause in Contracts

Servicing Expenses. Subject to Section 3.3 of the Contribution Agreement (with respect to the Interim Servicing Period), from and after the Closing Date (and, with respect to each Loan, from and after the Servicing Transfer Date with respect thereto), the Manager shall cause the Company to pay, from available Company funds (in the Collection Account, the Working Capital Reserve Account or any other applicable Company account the funds of which may be used for such purpose or otherwise through Excess Working Capital Advances funded by the Manager) all amounts due as Servicing Expenses (or, as applicable, Pre-Approved Charges) in a timely manner, and in each case in accordance to applicable requirements set forth in the Custodial and Paying Agency Agreement (and, as applicable, the Contribution Agreement); provided, however, that anything to the contrary herein or in any Ancillary Document notwithstanding, the Manager shall not have an obligation to fund Excess Working Capital Advances for purposes of the payment by the Company of (i) any Pre-Approved Charges, or (ii) any specific Servicing Expense relating to a Loan to the extent that the Manager has reasonably determined in accordance with the Servicing Standard that such Servicing Expense, if so paid, when combined with all unreimbursed previous Servicing Expenses, Funding Draws and Pre- Approved Charges with respect to such Loan (and any remaining amounts owing to the Initial member with respect to its servicing of such Loans during the Interim Servicing Period pursuant to Sections 2.3, 2.4 and 3.1 of the Contribution Agreement), would not ultimately be recoverable from the Loan Proceeds for such Loan. All Servicing Expenses (and Excess Working Capital Advances for the funding of the same) shall be reimbursed in accordance with the Custodial and Paying Agency Agreement.

Servicing Expenses. Subject to Section 3.3 of the Contribution Agreement (with respect to the Interim Servicing Period), from and after the Closing Date (and, with respect to each Loan, from and after the Servicing Transfer Date with respect thereto), the Manager shall cause the Company to pay, from available Company funds (in the Collection Account, the Working Capital Reserve Account or any other applicable Company account the funds of which may be used for such purpose or otherwise through Excess Working Capital Advances funded by the Manager) all amounts due as Servicing Expenses (or, as applicable, Pre-Approved Charges) in a timely manner, and in each case in accordance to with applicable requirements set forth in the Custodial and Paying Agency Agreement (and, as applicable, the Contribution Agreement); provided, however, that anything to the contrary herein or in any Ancillary Document Transaction Agreement notwithstanding, the Manager shall not have an obligation to fund Excess Working Capital Advances for purposes of the payment by the Company of (i) any Pre-Approved Charges, or (ii) any specific Servicing Expense relating to a Loan to the extent that the Manager has reasonably determined in accordance with the Servicing Standard that such Servicing Expense, if so paid, when combined with all unreimbursed previous Servicing Expenses, Funding Draws and Pre- Approved Charges with respect to such Loan (and any remaining amounts owing to the Initial member Member with respect to its servicing of such Loans during the Interim Servicing Period pursuant to Sections 2.3, 2.4 and 3.1 of the Contribution Agreement), would not ultimately be recoverable from the Loan Proceeds for such Loan. All Servicing Expenses (and Excess Working Capital Advances for the funding of the same) shall be reimbursed in accordance with the Custodial and Paying Agency Agreement.

Servicing Expenses. Subject to Section 3.3 of the Contribution Agreement (with respect to the Interim Servicing Period), from and after the Closing Date (and, with respect to each Loan, from and after the Servicing Transfer Date with respect thereto), the Manager shall cause the Company to pay, from available Company funds (in the Collection Account, the Working Capital Reserve Account or any other applicable Company account the funds of which may be used for such purpose or otherwise through Excess Working Capital Advances funded by the Manager) all amounts due as Servicing Expenses (or, as applicable, Pre-Approved Charges) in a timely manner, and in each case in accordance to applicable requirements set forth in the Custodial and Paying Agency Agreement (and, as applicable, the Contribution Agreement); provided, however, that anything to the contrary herein or in any Ancillary Document Agreement notwithstanding, the Manager shall not have an obligation to fund Excess Working Capital Advances for purposes of the payment by the Company of (i) any Pre-Approved Charges, or (ii) any specific Servicing Expense relating to a Loan to the extent that the Manager has reasonably determined in accordance with the Servicing Standard that such Servicing Expense, if so paid, when combined with all unreimbursed previous Servicing Expenses, Funding Draws and Pre- Approved Charges with respect to such Loan (and any remaining amounts owing to the Initial member with respect to its servicing of such Loans during the Interim Servicing Period pursuant to Sections 2.3, 2.4 and 3.1 of the Contribution Agreement), would not ultimately be recoverable from the Loan Proceeds for such Loan. All Servicing Expenses (and Excess Working Capital Advances for the funding of the same) shall be reimbursed in accordance with the Custodial and Paying Agency Agreement.

Servicing Expenses. Subject to Section 3.3 of the Contribution Agreement (with respect to the Interim Servicing Period), from and after the Closing Date (and, with respect to each Mortgage Loan, from and after the Servicing Transfer Date with respect thereto), the Manager shall cause the Company to pay, from available Company funds (in the Collection Account, the Working Capital Reserve Liquidity Account or any other applicable Company account the funds of which may be used for such purpose or otherwise through Excess Working Capital Liquidity Advances funded by the Manager) all amounts due as Servicing Expenses (or, as applicable, Pre-Approved Charges) in a timely manner, and in each case in accordance to applicable requirements set forth in the Custodial and Paying Agency Agreement (and, as applicable, the Contribution Agreement); provided, however, that anything to the contrary herein or in any Ancillary Document notwithstanding, the Manager shall not have an obligation to fund Excess Working Capital Liquidity Advances for purposes of the payment by the Company of (i) any Pre-Approved Charges, or (ii) any specific Servicing Expense relating to a Mortgage Loan to the extent that the Manager has reasonably determined in accordance with the Servicing Standard that such Servicing Expense, if so paid, when combined with all unreimbursed previous Servicing Expenses, Funding Draws and Pre- Approved Charges with respect to such Mortgage Loan (and any remaining amounts owing to the Initial member with respect to its servicing of such Mortgage Loans during the Interim Servicing Period pursuant to Sections 2.3, 2.4 and 3.1 of the Contribution Agreement), would not ultimately be recoverable from the Mortgage Loan Proceeds for such Mortgage Loan. All Servicing Expenses (and Excess Working Capital Liquidity Advances for the funding of the same) shall be reimbursed in accordance with the Custodial and Paying Agency Agreement.