Common use of Special Servicer May Own Certificates Clause in Contracts

Special Servicer May Own Certificates. The Special Servicer or any agent of the Special Servicer (if the Special Servicer is not Xxxxx Fargo Bank, National Association unless Xxxxx Fargo Bank, National Association acquires the Certificates at the then fair market value of such Certificates) in its individual capacity or in any other capacity may become the owner or pledgee of Certificates with the same rights as it would have if they were not the Special Servicer or such agent. Any such interest of the Special Servicer or such agent in the Certificates shall not be taken into account when evaluating whether actions of the Special Servicer are consistent with its obligations in accordance with the Servicing Standard regardless of whether such actions may have the effect of benefiting the Class or Classes of Certificates owned by the Special Servicer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc)

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Special Servicer May Own Certificates. The Special Servicer or any agent of the Special Servicer (if the Special Servicer is not Xxxxx Fargo Wellx Xxxgo Bank, National Association unless Xxxxx Fargo Wellx Xxxgo Bank, National Association acquires the Certificates at the then fair market value of such Certificates) in its individual capacity or in any other capacity may become the owner or pledgee of Certificates with the same rights as it would have if they were not the Special Servicer or such agent. Any such interest of the Special Servicer or such agent in the Certificates shall not be taken into account when evaluating whether actions of the Special Servicer are consistent with its obligations in accordance with the Servicing Standard regardless of whether such actions may have the effect of benefiting the Class or Classes of Certificates owned by the Special Servicer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc)

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