Common use of Successor to the Primary Servicer Clause in Contracts

Successor to the Primary Servicer. Contemporaneously with the termination of the Primary Servicer’s responsibilities and duties under this Agreement pursuant to Section 3.04, 4.01, 5.01 or 5.02 of this Agreement, the Master Servicer shall (i) succeed to and assume all of the Primary Servicer’s responsibilities, rights, duties and obligations under this Agreement, or (ii) appoint a successor which satisfies the criteria for a successor Primary Servicer in Section 3.02 of this Agreement and which shall succeed to all rights and assume all of the responsibilities, duties and liabilities of the Primary Servicer under this Agreement accruing following the termination of the Primary Servicer’s responsibilities, duties and liabilities under this Agreement.

Appears in 45 contracts

Samples: Primary Servicing Agreement (BBCMS Mortgage Trust 2024-5c27), Primary Servicing Agreement (Bank5 2024-5yr7), Primary Servicing Agreement (BBCMS Mortgage Trust 2024-C26)

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Successor to the Primary Servicer. Contemporaneously Concurrently with the termination of the Primary Servicer’s responsibilities and duties under this Agreement pursuant to Section Sections 3.04, 4.01, 5.01 or 5.02 of this Agreement, the Master Servicer shall (i) succeed to and assume all of the Primary Servicer’s responsibilities, rights, duties and obligations under this Agreement, or (ii) appoint a successor which satisfies the criteria for a successor Primary Servicer in Section 3.02 of this Agreement and which shall succeed to all rights and assume all of the responsibilities, duties and liabilities of the Primary Servicer under this Agreement accruing following the termination of the Primary Servicer’s responsibilities, duties and liabilities under this Agreement.

Appears in 33 contracts

Samples: Primary Servicing Agreement, Servicing Agreement, Primary Servicing Agreement (CFCRE 2016-C3 Mortgage Trust)

Successor to the Primary Servicer. Contemporaneously with the Prior to termination of the Primary Servicer’s responsibilities and duties under this Agreement pursuant to Section Sections 3.04, 4.01, 5.01 or 5.02 of this Agreement, the Master Servicer shall (i) succeed to and assume all of the Primary Servicer’s responsibilities, rights, duties and obligations under this Agreement, or (ii) appoint a successor which satisfies the criteria for a successor Primary Servicer in Section 3.02 of this Agreement and which shall succeed to all rights and assume all of the responsibilities, duties and liabilities of the Primary Servicer under this Agreement accruing following the termination of the Primary Servicer’s responsibilities, duties and liabilities under this Agreement.

Appears in 19 contracts

Samples: Primary Servicing Agreement (Citigroup Commercial Mortgage Trust 2018-C6), Primary Servicing Agreement, Primary Servicing Agreement

Successor to the Primary Servicer. Contemporaneously Concurrently with the resignation or termination of the Primary Servicer’s 's responsibilities and duties under this Agreement pursuant to Section 3.04Sections 3.21, 4.01, 5.01 6.01 or 5.02 of this Agreement6.02, the Master Servicer shall (i) succeed to and assume all of the Primary Servicer’s 's responsibilities, rights, duties and obligations under this Agreement, or (ii) appoint a successor which satisfies the criteria for a successor Primary Servicer in Section 3.02 of this Agreement and which shall succeed to all rights and assume all of the responsibilities, duties and liabilities of the Primary Servicer under this Agreement accruing following the termination of the Primary Servicer’s 's responsibilities, duties and liabilities under this Agreement.

Appears in 7 contracts

Samples: Primary Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr15), Primary Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr18), Primary Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc)

Successor to the Primary Servicer. Contemporaneously with the Prior to termination of the Primary Servicer’s responsibilities and duties under this Agreement pursuant to Section 3.04, 4.01, 5.01 or 5.02 of this Agreement, the Master Servicer shall (i) succeed to and assume all of the Primary Servicer’s responsibilities, rights, duties and obligations under this Agreement, or (ii) appoint a successor which satisfies the criteria for a successor Primary Servicer in Section 3.02 of this Agreement and which shall succeed to all rights and assume all of the responsibilities, duties and liabilities of the Primary Servicer under this Agreement accruing following the termination of the Primary Servicer’s responsibilities, duties and liabilities under this Agreement.

Appears in 4 contracts

Samples: Primary Servicing Agreement (DBUBS 2011-Lc3 Mortgage Trust), Primary Servicing Agreement (Morgan Stanley Capital I Trust 2011-C3), Primary Servicing Agreement (Morgan Stanley Capital I Trust 2011-C3)

Successor to the Primary Servicer. Contemporaneously with Subject to Sections 3.04 and 3.05 of this Agreement, upon the termination of the Primary Servicer’s responsibilities and duties under this Agreement pursuant to Section 3.04, 4.01, 5.01 or 5.02 of this Agreement, the Master Servicer shall (i) succeed to and assume all of the Primary Servicer’s responsibilities, rights, duties and obligations under this Agreement, or (ii) appoint a successor which satisfies the criteria for a successor Primary Servicer in Section 3.02 of this Agreement and which shall succeed to all rights and assume all of the responsibilities, duties and liabilities of the Primary Servicer under this Agreement accruing following the termination of the Primary Servicer’s responsibilities, duties and liabilities under this Agreement.

Appears in 3 contracts

Samples: Primary Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2012-Cibx), Primary Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2012-Cibx), Primary Servicing Agreement (UBS-Citigroup Commercial Mortgage Trust 2011-C1)

Successor to the Primary Servicer. Contemporaneously Concurrently with the resignation or termination of the Primary Servicer’s 's responsibilities and duties under this Agreement pursuant to Section 3.04, 4.01Sections 3.21, 5.01 or 5.02 of this Agreement5.02, the Master Servicer shall (i) succeed to and assume all of the Primary Servicer’s 's responsibilities, rights, duties and obligations under this Agreement, or (ii) appoint a successor which satisfies the criteria for a successor Primary Servicer in Section 3.02 of this Agreement and which shall succeed to all rights and assume all of the responsibilities, duties and liabilities of the Primary Servicer under this Agreement accruing following the termination of the Primary Servicer’s 's responsibilities, duties and liabilities under this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2005-Hq7), Primary Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2006-Pwr11)

Successor to the Primary Servicer. Contemporaneously with the termination of the Primary Servicer’s responsibilities and duties under this Agreement pursuant to Section Sections 3.04, 4.01, 5.01 or 5.02 of this Agreement, the Master Servicer shall (i) succeed to and assume all of the Primary Servicer’s responsibilities, rights, duties and obligations under this Agreement, or (ii) appoint a successor which satisfies the criteria for a successor Primary Servicer in Section 3.02 of this Agreement and which shall succeed to all rights and assume all of the responsibilities, duties and liabilities of the Primary Servicer under this Agreement accruing following the termination of the Primary Servicer’s responsibilities, duties and liabilities under this Agreement.

Appears in 2 contracts

Samples: Primary Servicing Agreement (Benchmark 2019-B9 Mortgage Trust), Primary Servicing Agreement

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Successor to the Primary Servicer. Contemporaneously with On or after the resignation or termination of the Primary Servicer’s responsibilities and duties under this Agreement pursuant to Section 3.04, 4.01, 5.01 or 5.02 of this Agreement, and except as otherwise provided under of this Agreement, the Master Servicer shall (i) succeed to and assume all of the Primary Servicer’s responsibilities, rights, duties and obligations under this Agreement, or (ii) appoint a successor which satisfies the criteria for a successor Primary Servicer in Section 3.02 3.02(b) of this Agreement and which shall succeed to all rights and assume all of the responsibilities, duties and liabilities of the Primary Servicer under this Agreement accruing following the termination of the Primary Servicer’s responsibilities, duties and liabilities under this Agreement.

Appears in 2 contracts

Samples: Primary Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2012-C5), Primary Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2012-C5)

Successor to the Primary Servicer. Contemporaneously Concurrently with the resignation or termination of the Primary Servicer’s responsibilities and duties under this Agreement pursuant to Section 3.04Sections 3.21, 4.01, 5.01 6.01 or 5.02 of this Agreement6.02, the Master Servicer shall (i) succeed to and assume all of the Primary Servicer’s responsibilities, rights, duties and obligations under this Agreement, or (ii) appoint a successor which satisfies the criteria for a successor Primary Servicer in Section 3.02 of this Agreement and which shall succeed to all rights and assume all of the responsibilities, duties and liabilities of the Primary Servicer under this Agreement accruing following the termination of the Primary Servicer’s responsibilities, duties and liabilities under this Agreement.

Appears in 1 contract

Samples: Primary Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr16)

Successor to the Primary Servicer. Contemporaneously Concurrently with the termination of the Primary Servicer’s responsibilities and duties under this Agreement pursuant to Section 3.04, 4.01, 5.01 or 5.02 of this Agreement, the Master Servicer shall (i) succeed to and assume all of the Primary Servicer’s responsibilities, rights, duties and obligations under this Agreement, or (ii) appoint a successor which satisfies the criteria for a successor Primary Servicer in Section 3.02 of this Agreement and which shall succeed to all rights and assume all of the responsibilities, duties and liabilities of the Primary Servicer under this Agreement accruing following the termination of the Primary Servicer’s responsibilities, duties and liabilities under this Agreement.

Appears in 1 contract

Samples: Primary Servicing Agreement (SG Commercial Mortgage Securities Trust 2016-C5)

Successor to the Primary Servicer. Contemporaneously with Subject to Sections 3.04 and 3.05 of this Agreement, upon the termination of the Primary Servicer’s responsibilities and duties under this Agreement pursuant to Section 3.04, 4.01, 5.01 or 5.02 of this Agreement, the Master Servicer shall (i) succeed to and assume all of the Primary Servicer’s responsibilities, rights, duties and obligations under this Agreement, or (ii) appoint a successor which satisfies the criteria for a successor Primary Servicer in Section 3.02 of this Agreement and which shall succeed to all rights and assume all of the responsibilities, duties and liabilities of the Primary Servicer under this Agreement accruing following the termination of the Primary Servicer’s responsibilities, duties and liabilities under this Agreement.. Section 6.02

Appears in 1 contract

Samples: Subservicing Agreement

Successor to the Primary Servicer. Contemporaneously with the termination of the Primary Servicer’s responsibilities and duties under this Agreement pursuant to Section 3.04, 4.01, 5.01 or 5.02 of this Agreement, the Master Servicer shall (i) succeed to and assume all of the Primary Servicer’s responsibilities, rights, duties and obligations under this Agreement, or (ii) appoint a successor which satisfies the 33 criteria for a successor Primary Servicer in Section 3.02 of this Agreement and which shall succeed to all rights and assume all of the responsibilities, duties and liabilities of the Primary Servicer under this Agreement accruing following the termination of the Primary Servicer’s responsibilities, duties and liabilities under this Agreement.

Appears in 1 contract

Samples: Primary Servicing Agreement (Bank5 2024-5yr7)

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