Servicing of the Mortgage Loan. (a) Each Holder acknowledges and agrees that, subject in each case to the specific terms of this Agreement, the Mortgage Loan shall be serviced as follows: (i) from and after the LC25 Securitization Date, but prior to the Note A-1 Securitization Date, by the LC25 Master Servicer and the Special Servicer pursuant to the terms of this Agreement and the LC25 PSA; and (ii) from and after the Note A-1 Securitization Date, by the Note A-1 Master Servicer and the Special Servicer pursuant to the terms of this Agreement and the Note A-1 PSA. Each holder agrees to reasonably cooperate with each Servicer with respect to its exercise of its rights and obligations under the Servicing Agreement. (b) The Note A-1 PSA, the LC25 PSA and the Note A-3 PSA shall contain terms and conditions that are customary for securitization transactions involving assets similar to the Mortgage Loan and that are otherwise (i) required by the Code relating to the tax elections of the Note A-1 Trust Fund, the LC25 Trust Fund and the Note A-3 Trust Fund, (ii) required by law or changes in any law, rule or regulation or (iii) requested by the Rating Agencies rating the Note A-1 Securitization, the LC25 Securitization or the Note A-3
Appears in 4 contracts
Samples: Co Lender Agreement (Wells Fargo Commercial Mortgage Trust 2016-C37), Co Lender Agreement (JPMCC Commercial Mortgage Securities Trust 2016-Jp4), Co Lender Agreement (Wells Fargo Commercial Mortgage Trust 2016-Lc25)
Servicing of the Mortgage Loan. (a) Each Holder acknowledges and agrees that, subject in each case to the specific terms of this Agreement, the Mortgage Loan shall be serviced as follows:
(i) from and after the LC25 LC24 Securitization Date, but prior to the Note A-1 Securitization Date, by the LC25 LC24 Master Servicer and the Special Servicer pursuant to the terms of this Agreement and the LC25 LC24 PSA; and
(ii) from and after the Note A-1 Securitization Date, by the Note A-1 Master Servicer and the Special Servicer pursuant to the terms of this Agreement and the Note A-1 PSA. Each holder agrees to reasonably cooperate with each Servicer with respect to its exercise of its rights and obligations under the Servicing Agreement.
(b) The Note A-1 PSA, the LC25 Note A-2 PSA and the Note A-3 LC24 PSA shall contain terms and conditions that are customary for securitization transactions involving assets similar to the Mortgage Loan and that are otherwise (i) required by the Code relating to the tax elections of the Note A-1 Trust Fund, the LC25 Note A-2 Trust Fund and the Note A-3 LC24 Trust Fund, (ii) required by law or changes in any law, rule or regulation or (iii) requested by the Rating Agencies rating the Note A-1 Securitization, the LC25 Note A-2 Securitization or the Note A-3LC24 Securitization. In addition, the Note A-1 PSA, the Note A-2 PSA and the LC24 PSA shall have such additional provisions as are set forth in Section 18. The parties hereto acknowledge that the pooling and servicing agreement entered into in connection with the WFCM 2016-LC24 Mortgage Trust Commercial Mortgage Pass-Through Certificates is considered to be customary for securitization transactions involving assets similar to the Mortgage Loan. The Note A-1 Holder shall have the right to designate the Master Servicer and Special Servicer under the Note A-1 PSA as long as each such party is a Qualified Servicer, the Note A-2 Holder shall have the right to designate the Master Servicer under the Note A-2 PSA as long as each such party is a Qualified Servicer, the Note A-3 Holder shall have the right to designate the Master Servicer and Special Servicer under the LC24 PSA as long as each such party is a Qualified Servicer and the Note A-4 Holder shall have the right to designate the Master Servicer and Special Servicer under the LC24 PSA as long as each such party is a Qualified Servicer.
(c) Subject to the terms and conditions of this Agreement, each Holder hereby irrevocably and unconditionally consents to the appointment of the Master Servicer and the Trustee under the Servicing Agreement by the Depositor and the appointment of the Special Servicer by the Directing 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 Servicing Agreement. Each Holder hereby appoints the Master Servicer, the Special Servicer and the Trustee under the Servicing Agreement as such 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 Servicing Agreement (subject at all times to the rights of the Holders as set forth herein and in such Servicing Agreement).
(d) If, at any time the Lead Note is no longer in a Securitization, the Note A-1 Holder shall cause the Mortgage Loan to be serviced pursuant to a servicing agreement that is substantially similar to the Servicing Agreement (and, if any Non-Lead Note is in a Securitization, subject to a Rating Agency Confirmation from the Rating Agencies that were engaged by the Depositor to rate such Securitization) and all references herein to the “Servicing Agreement” shall mean such subsequent Servicing Agreement; provided, however, that until a replacement Servicing Agreement has been entered into (and such written confirmation has been obtained), the Note A-1 Holder shall cause the Mortgage Loan to be serviced pursuant to the provisions of the Servicing Agreement as if such agreement was still in full force and effect with respect to the Mortgage Loan; provided, further, however, that until a replacement Servicing Agreement is in place, the actual servicing of the Mortgage Loan may be performed by any Qualified Servicer appointed by the Note A-1 Holder and does not have to be performed by the service providers set forth under the Servicing Agreement that was previously in effect.
Appears in 3 contracts
Samples: Co Lender Agreement (Wells Fargo Commercial Mortgage Trust 2016-C37), Co Lender Agreement (JPMCC Commercial Mortgage Securities Trust 2016-Jp4), Co Lender Agreement (Wells Fargo Commercial Mortgage Trust 2016-Lc24)
Servicing of the Mortgage Loan. (a) Each Holder acknowledges and agrees that, subject in each case to the specific terms of this Agreement, the Mortgage Loan shall be serviced as follows:
(i) from and after the LC25 UBS-C8 Securitization Date, but prior to the Note A-1 Securitization Date, by the LC25 UBS-C8 Master Servicer and the UBS-C8 Special Servicer pursuant to the terms of this Agreement and the LC25 UBS-C8 PSA; and
(ii) from and after the Note A-1 Securitization Date, by the Note A-1 Master Servicer and the Note A-1 Special Servicer pursuant to the terms of this Agreement and the Note A-1 PSA. Each holder Holder agrees to reasonably cooperate with each Servicer with respect to its exercise of its rights and obligations under the Servicing Agreement.
(b) The Note A-1 PSAX-0 XXX, the LC25 XXX-X0 PSA and the Note A-3 PSA shall contain terms and conditions that are customary for securitization transactions involving assets similar to the Mortgage Loan and that are otherwise (i) required by the Code relating to the tax elections of the Note A-1 Trust Fund, the LC25 UBS-C8 Trust Fund and the Note A-3 Trust Fund, (ii) required by law or changes in any law, rule or regulation or (iii) requested by the Rating Agencies rating the Note A-1 Securitization, the LC25 UBS-C8 Securitization or the Note A-3
Appears in 2 contracts
Samples: Co Lender Agreement (UBS Commercial Mortgage Trust 2018-C9), Co Lender Agreement (UBS Commercial Mortgage Trust 2018-C8)