Common use of SERVICING/SPECIAL SERVICING Clause in Contracts

SERVICING/SPECIAL SERVICING. Lender may change Servicer from time to time in accordance with the Trust Agreement without the consent of the Borrowers, on prior written notice to the Borrowers. The Borrowers expressly acknowledge and agree that Servicer Fees and Trustee Fees, and if the Loan becomes a Specially Serviced Loan, any additional fees of Servicer payable in connection therewith (including, but not limited to any Liquidation Fees and Workout Fees), and any Advance Interest and any other Additional Trust Fund Expenses and fees, including any Rating Agency fees, reimbursements and indemnifications as shall be incurred or payable in connection with any Securitization (collectively, the “Administrative Fee”) shall be payable by the Borrowers and shall constitute a portion of the Obligations. Lender shall provide a reasonably detailed statement of Administrative Fees for which the Borrowers are liable two (2) Business Days prior to the date when due; provided that failure to timely provide such statement shall not relieve the Borrowers from the obligation to pay all such Administrative Fees.

Appears in 2 contracts

Samples: Loan and Security Agreement (American Tower Corp /Ma/), Loan and Security Agreement (American Tower Corp /Ma/)

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SERVICING/SPECIAL SERVICING. Lender may change the Servicer from time to time in accordance with the Trust Agreement without the consent of the Borrowers, on prior written notice to the Borrowers. The Borrowers expressly acknowledge and agree that the Servicer Fees and Trustee Fees, and if the Loan becomes a Specially Serviced Loanspecially serviced loan, any additional fees of the Servicer payable in connection therewith (including, but not limited to any Liquidation Fees and Workout Fees), and any Advance Interest and any other Additional Trust Fund Expenses and fees, including any Rating Agency fees, reimbursements and indemnifications as shall be incurred or payable in connection with any Securitization (collectively, the “Administrative Fee”) shall be payable by the Borrowers and shall constitute a portion of the Obligations. Lender shall provide a reasonably detailed statement of Administrative Fees for which the Borrowers are liable two (2) Business Days prior to the date when due; provided that failure to timely provide such statement shall not relieve the Borrowers from the obligation to pay all such Administrative Fees.

Appears in 1 contract

Samples: Loan and Security Agreement (Sba Communications Corp)

SERVICING/SPECIAL SERVICING. Lender may change the Servicer from time to time in accordance with the Trust Agreement without the consent of the Borrowers, on prior written notice to the Borrowers. The Borrowers expressly acknowledge and agree that Servicer Fees and Trustee Feesthe Servicer's fees, and if the Loan becomes a Specially Serviced Loanspecially serviced loan, any additional fees of the Servicer payable in connection therewith (including, but not limited to any Liquidation Fees and Workout Fees)therewith, and any Advance Interest and any other Additional Trust Fund Expenses such additional trust fund expenses and fees, including any Rating Agency fees, reimbursements and indemnifications as shall be incurred or payable in connection with any the Securitization (collectively, the “Administrative Fee”"SERVICING FEE") shall be payable by the Borrowers and shall constitute a portion of the Obligations; provided, however, that at no time shall the Borrowers be liable for Servicing Fees in excess of those fees charged to Lender. Lender shall provide a reasonably detailed statement of Administrative Servicing Fees for which the Borrowers are liable two (2) Business Days prior to the date when due; provided that failure to timely provide such statement shall not relieve the Borrowers from the obligation to pay all such Administrative Servicing Fees.

Appears in 1 contract

Samples: Loan and Security Agreement (Global Signal Inc)

SERVICING/SPECIAL SERVICING. The Lender may change the Servicer from time to time in accordance with the Trust Agreement without the consent of the Borrowers, on prior written notice to the Borrowers. The Borrowers expressly acknowledge and agree that the Servicer Fees and Trustee Fees, and if the Loan becomes a Specially Serviced Loanspecially serviced loan, any additional fees of the Servicer payable in connection therewith (including, but not limited to any Liquidation Fees and Workout Fees), and any Advance Interest and any other Additional Trust Fund Expenses and fees, including any Rating Agency fees, reimbursements and indemnifications as shall be incurred or payable in connection with any Securitization (collectively, the “Administrative FeeFees”) shall be payable by the Borrowers and shall constitute a portion of the Obligations. The Lender shall provide a reasonably detailed statement of Administrative Fees for which the Borrowers are liable two (2) Business Days prior to the date when due; provided that failure to timely provide such statement shall not relieve the Borrowers from the obligation to pay all such Administrative Fees.

Appears in 1 contract

Samples: Loan and Security Agreement (Sba Communications Corp)

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SERVICING/SPECIAL SERVICING. Lender may change the Servicer from time to time in accordance with the Trust Agreement without the consent of the Borrowers, on prior written notice to the Borrowers. The Borrowers expressly acknowledge and agree that Servicer Fees the Servicer's fees and Trustee FeesTrustee's fees (to the extent not included in the Component Rate), and if the Loan becomes a Specially Serviced Loanspecially serviced loan, any additional fees of the Servicer payable in connection therewith (including, but not limited to any Liquidation Fees and Workout Fees)therewith, and any Advance Interest and any other Additional Trust Fund Expenses such additional trust fund expenses and fees, including any Rating Agency fees, reimbursements and indemnifications as shall be incurred or payable in connection with any the Securitization (collectively, the “Administrative "Servicing Fee") shall be payable by the Borrowers and shall constitute a portion of the Obligations; provided, however, that at no time shall the Borrowers be liable for Servicing Fees in excess of those fees charged to Lender. Lender shall provide a reasonably detailed statement of Administrative Servicing Fees for which the Borrowers are liable two (2) Business Days prior to the date when due; provided that failure to timely provide such statement shall not relieve the Borrowers from the obligation to pay all such Administrative Servicing Fees.

Appears in 1 contract

Samples: Loan and Security Agreement (Global Signal Inc)

SERVICING/SPECIAL SERVICING. Lender may change Servicer from time to time in accordance with the Trust Agreement without the consent of the Borrowers, on prior written notice to the Borrowers. The Borrowers expressly acknowledge and agree that Servicer Fees and Trustee Fees, and if the Loan becomes a Specially Serviced Loan, any additional fees of Servicer payable in connection therewith (including, but not limited to any Liquidation Fees and Workout Fees), and any Advance Interest and any other Additional Trust Fund Expenses and fees, including any Rating Agency fees, reimbursements and indemnifications as shall be incurred or payable in connection with any Securitization (collectively, the “Administrative Fee”) shall be payable by the Borrowers and shall constitute a portion of the Obligations. Lender shall provide a reasonably detailed statement of Administrative Fees for which the Borrowers are liable two (2) Business Days prior to the date when due; provided that failure to timely provide such statement shall not relieve the Borrowers from the obligation to pay all such Administrative Fees.

Appears in 1 contract

Samples: Loan and Security Agreement (American Tower Corp /Ma/)

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