Successors and Assigns; Beneficiaries. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. The Indenture Trustee shall be an express third party beneficiary hereof. No other person, including any Obligor, shall be entitled to any benefit or equitable right, remedy or claim under this Agreement. Except as otherwise expressly permitted herein, the Back-Up Manager may not assign any of its rights, duties or obligations under this Agreement, in whole or in part, without the prior written consent of each other party hereto.
Appears in 5 contracts
Samples: Management and Servicing Agreement, Limited Liability Company Agreement (Spirit MTA REIT), Management and Servicing Agreement (Spirit MTA REIT)
Successors and Assigns; Beneficiaries. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto, and all such provisions shall inure to the benefit of the Certificateholders. The Indenture Trustee shall This Agreement may not be an express amended in any manner that would adversely affect the rights of any third party beneficiary hereofhereof without its consent. No other person, including including, without limitation, any ObligorMortgagor, shall be entitled to any benefit or equitable right, remedy or claim under this Agreement. Except as otherwise expressly permitted herein, ; provided that the Back-Up Manager may not assign any of its rights, duties or obligations under this Agreement, in whole or in part, without the prior written consent of each other Companion Holders are intended third party heretobeneficiaries hereunder.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2006-C24), Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Wachovia Commercial Mortgage Securities Inc)
Successors and Assigns; Beneficiaries. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. The Indenture Trustee shall be an express third party beneficiary hereof. No other person, including any Obligor, shall be entitled to any benefit or equitable right, remedy or claim under this Agreement. Except as otherwise expressly permitted herein, the Back-Up Manager may not assign any of its rights, duties or obligations under this Agreement, in whole or in part, without the prior written consent of each other party hereto.. Section 9.09
Appears in 3 contracts
Samples: Management and Servicing Agreement (Spirit MTA REIT), Management and Servicing Agreement (Spirit Realty, L.P.), Management and Servicing Agreement (Spirit Realty, L.P.)
Successors and Assigns; Beneficiaries. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto, and all such provisions shall inure to the benefit of the Certificateholders. The Indenture Trustee shall This Agreement may not be an express amended in any manner that would adversely affect the rights of any third party beneficiary hereofhereof without its consent. No other person, including including, without limitation, any ObligorMortgagor, shall be entitled to any benefit or equitable right, remedy or claim under this Agreement. Except as otherwise expressly permitted herein; provided, that the Back-Up Manager may not assign any of its rights, duties or obligations under this Agreement, in whole or in part, without the prior written consent of each other Companion Holders are intended third party heretobeneficiaries hereunder.
Appears in 2 contracts
Samples: Intercreditor and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2005-C17), Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2004-C15)
Successors and Assigns; Beneficiaries. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto, and all such provisions shall inure to the benefit of the Certificateholders. The Indenture Trustee shall This Agreement may not be an express amended in any manner that would adversely affect the rights of any third party beneficiary hereofhereof without its consent. No other personPerson, including including, without limitation, any ObligorMortgagor, shall be entitled to any benefit or equitable right, remedy or claim under this Agreement. Except as otherwise expressly permitted herein, ; provided that the Back-Up Manager may not assign any of its rights, duties or obligations under this Agreement, in whole or in part, without the prior written consent of each other Companion Holders are intended third party heretobeneficiaries hereunder.
Appears in 1 contract
Samples: Distribution Instructions (Wachovia Bank Commercial Mortgage Trust Series 2007-C34)