Termination of Agent. The Agent may be terminated at any time upon ten (10) days prior written notice from the Senior Noteholder. In the event that the Agent is terminated pursuant to this Section 39, all of its rights and obligations under this Agreement shall be terminated, other than any rights or obligations that accrued prior to the date of such termination. The Agent may resign at any time on ten (10) days’ prior notice, so long as a successor Agent, reasonably satisfactory to the Noteholders (it being agreed that the Servicer, the Trustee or a Certificate Administrator in a Securitization is satisfactory to the Noteholders), has agreed to be bound by this Agreement and perform the duties of the Agent hereunder. Barclays Bank PLC, as Initial Agent, may transfer its rights and obligations to the Servicer, the Trustee or the Certificate Administrator, as successor Agent, at any time without the consent of any Noteholder. Notwithstanding the foregoing, the Senior Noteholder and the Junior Noteholder hereby agree that, simultaneously with the closing of the Securitization, the Servicer shall be deemed to have been automatically appointed as the successor Agent under this Agreement in place of Barclays Bank PLC without any further notice or other action. The termination or resignation of such Servicer, as Master Servicer under the Servicing Agreement, shall be deemed a termination or resignation of such Servicer as Agent under this Agreement, and any successor master servicer shall be deemed to have been automatically appointed as the successor Agent under this Agreement in place thereof without any further notice or other action.
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Samples: Agreement Among Noteholders (Wells Fargo Commercial Mortgage Trust 2017-Rb1), Agreement Among Noteholders (BBCMS Mortgage Trust 2017-C1)
Termination of Agent. The Agent may be terminated at any time upon ten (10) days prior written notice from the Senior Lead Noteholder. In the event that the Agent is terminated pursuant to this Section 3937, all of its rights and obligations under this Agreement shall be terminated, other than any rights or obligations that accrued prior to the date of such termination. The Agent may resign at any time on ten (10) days’ prior upon notice, so long as a successor Agent, reasonably satisfactory to the Noteholders (it being agreed that the Servicer, the Trustee or a Certificate Administrator in a Securitization is satisfactory to the Noteholders), has agreed to be bound by this Agreement and perform the duties of the Agent hereunder. Barclays Bank PLCGRASS RIVER REAL ESTATE CREDIT PARTNERS LOAN FUNDING, LLC, as Initial Agent, may transfer its rights and obligations to the a Servicer, the Trustee or the Certificate Administrator, as successor Agent, at any time without the consent of any Noteholder. GRASS RIVER REAL ESTATE CREDIT PARTNERS LOAN FUNDING, LLC, as Initial Agent, shall promptly and diligently attempt to cause such Servicer to act as successor Agent, and, if such Servicer declines to act in such capacity, shall promptly and diligently attempt to cause a similar servicer to act as successor Agent. Notwithstanding the foregoing, the Senior Noteholder and the Junior Noteholder Noteholders hereby agree that, simultaneously with the closing of the Lead Securitization, the Servicer Certificate Administrator shall be deemed to have been automatically appointed as the successor Agent under this Agreement in place of Barclays Bank PLC the Initial Agent or any successor thereto prior to such Securitization without any further notice or other action. The termination or resignation of such Servicerthe Certificate Administrator, as Master Servicer Certificate Administrator under the Servicing Agreement, shall be deemed a termination or resignation of such Servicer Certificate Administrator as Agent under this Agreement, and any successor master servicer shall be deemed to have been automatically appointed as the successor Agent under this Agreement in place thereof without any further notice or other action.
Appears in 2 contracts
Samples: Agreement Between Noteholders (CSAIL 2020-C19 Commercial Mortgage Trust), Agreement Between Noteholders (Morgan Stanley Capital I Trust 2020-L4)
Termination of Agent. The Agent may be terminated at any time upon ten (10) days prior written notice from the Senior NoteholderLead Securitization Note Holder. In the event that the Agent is terminated pursuant to this Section 39, all of its rights and obligations under this Agreement shall be terminated, other than any rights or obligations that accrued prior to the date of such termination. The Agent may resign at any time on ten (10) days’ prior notice, so long as a successor Agent, reasonably satisfactory to the Noteholders (it being agreed that the Servicer, the Trustee or a Certificate Administrator in a Securitization is satisfactory to the Noteholders), has agreed to be bound by this Agreement and perform the duties of the Agent hereunder. Barclays Bank PLCCFI, as Initial Agent, may transfer its rights and obligations to the Servicer, the Trustee or the Certificate Administrator, as successor Agent, at any time without the consent of any Noteholder. Notwithstanding the foregoing, the Senior Noteholder and the Junior Noteholder Noteholders hereby agree that, simultaneously with the closing of the Lead Securitization, the Servicer shall be deemed to have been automatically appointed as the successor Agent under this Agreement in place of Barclays Bank PLC CFI without any further notice or other action. The termination or resignation of such Servicer, as Master Servicer under the Servicing Agreement, shall be deemed a termination or resignation of such Servicer as Agent under this Agreement, and any successor master servicer shall be deemed to have been automatically appointed as the successor Agent under this Agreement in place thereof without any further notice or other action.
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Samples: Agreement Between Noteholders (CSAIL 2015-C3 Commercial Mortgage Trust)
Termination of Agent. The Agent may be terminated at any time upon ten (10) days prior written notice from the Senior NoteholderNote A Holder. In the event that the Agent is terminated pursuant to this Section 3937, all of its rights and obligations under this Agreement shall be terminated, other than any rights or obligations that accrued prior to the date of such termination. The Agent may resign at any time on ten (10) days’ prior upon notice, so long as a successor Agent, reasonably satisfactory to the Noteholders (it being agreed that the Servicer, the Trustee or a Certificate Administrator in a Securitization is satisfactory to the Noteholders), has agreed to be bound by this Agreement and perform the duties of the Agent hereunder. Barclays Bank PLCDB, as Initial Agent, may transfer its rights and obligations to the a Servicer, the Trustee or the Certificate Administrator, as successor Agent, at any time without the consent of any Noteholder. DB, as Initial Agent, shall promptly and diligently attempt to cause such Servicer to act as successor Agent, and, if such Servicer declines to act in such capacity, shall promptly and diligently attempt to cause a similar servicer to act as successor Agent. Notwithstanding the foregoing, the Senior Noteholder and the Junior Noteholder Noteholders hereby agree that, simultaneously with the closing of the Lead Securitization, the Servicer Master Servicer, the Certificate Administrator or the Trustee (whoever among them is designated in the Lead Securitization Servicing Agreement to perform the functions otherwise to be performed by the Initial Agent hereunder) shall be deemed deemed, without any further action or notice, to have been automatically appointed as the successor Agent under this Agreement in place of Barclays Bank PLC without the Initial Agent or of any further notice or other actionsuccessor thereto appointed prior to such Securitization. The termination or resignation of such Servicer, as Master the Servicer under the Servicing Agreement or the Master Servicer, the Certificate Administrator or the Trustee (as applicable) under the Lead Securitization Servicing Agreement, shall be deemed a termination or resignation of such Servicer Person as Agent under this Agreement, and any in which event the appointment of a successor master servicer Servicer under the Servicing Agreement or a successor Master Servicer, Certificate Administrator or Trustee (as applicable) under the Lead Securitization Servicing Agreement shall be deemed to have been automatically appointed an appointment of such successor as the successor Agent under this Agreement Agreement, in place thereof each case without any further notice or other action.
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Termination of Agent. The Agent may be terminated at any time upon ten (10) days prior written notice from the Senior NoteholderNote A-1 Holder, except that the Note A-1 Holder may designate the Servicer under the Interim Servicing Agreement without prior written notice. In the event that the Agent is terminated pursuant to this Section 3934, all of its rights and obligations under this Agreement shall be terminated, other than any rights or obligations that accrued prior to the date of such termination. The Agent may resign at any time on ten (10) days’ prior upon notice, so long as a successor Agent, reasonably satisfactory to the Noteholders (it being agreed that the Servicer, the Trustee or a Certificate Administrator in a Securitization is satisfactory to the Noteholders)Holders, has agreed to be bound by this Agreement and perform the duties of the Agent hereunder. Barclays Bank PLCBSP, as Initial Agent, may transfer its rights and obligations to the Servicer, the Trustee or the Certificate Administrator, as successor Agent, at any time without the consent of any NoteholderHolder. Notwithstanding the foregoingBSP, the Senior Noteholder as Initial Agent, shall promptly and the Junior Noteholder hereby agree thatdiligently attempt to cause such Servicer to act as successor Agent, simultaneously with the closing of the Securitizationand, the if such Servicer declines to act in such capacity, shall be deemed promptly and diligently attempt to have been automatically appointed cause a similar servicer to act as the successor Agent under this Agreement in place of Barclays Bank PLC without any further notice or other actionAgent. The termination or resignation of such Servicer, as Master Servicer under the Servicing Agreement, shall be deemed a termination or resignation of such Servicer as Agent under this Agreement. Notwithstanding the to the contrary in this Agreement, upon a Securitization of Note A-1, the Certificate Administrator shall automatically become and any successor master servicer shall be deemed to have been automatically appointed as the successor Agent under this Agreement in place thereof without any further notice or other action.Agent. [NO FURTHER TEXT ON THIS PAGE]
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Samples: Co Lender Agreement
Termination of Agent. The Agent may be terminated at any time upon ten (10) days prior written notice from the Senior Noteholder. In the event that the Agent is terminated pursuant to this Section 39, all of its rights and obligations under this Agreement shall be terminated, other than any rights or obligations that accrued prior to the date of such termination. The Agent may resign at any time on ten (10) days’ prior notice, so long as a successor Agent, reasonably satisfactory to the Noteholders (it being agreed that the Servicer, the Trustee or a Certificate Administrator in a Securitization is satisfactory to the Noteholders), has agreed to be bound by this Agreement and perform the duties of the Agent hereunder. Barclays Bank PLCXxxxx Fargo Bank, National Association, as Initial Agent, may transfer its rights and obligations to the Servicer, the Trustee or the Certificate Administrator, as successor Agent, at any time without the consent of any Noteholder. Notwithstanding the foregoing, the Senior Noteholder and the Junior Noteholder hereby agree that, simultaneously with the closing of the Securitization, the Servicer shall be deemed to have been automatically appointed as the successor Agent under this Agreement in place of Barclays Bank PLC Xxxxx Fargo Bank, National Association without any further notice or other action. The termination or resignation of such Servicer, as Master Servicer under the Servicing Agreement, shall be deemed a termination or resignation of such Servicer as Agent under this Agreement, and any successor master servicer shall be deemed to have been automatically appointed as the successor Agent under this Agreement in place thereof without any further notice or other action.
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Samples: Agreement Between Noteholders (Bank of America Merrill Lynch Commercial Mortgage Trust 2017-Bnk3)
Termination of Agent. The Agent may be terminated at any time upon ten (10) days prior written notice from the Senior NoteholderNote A-4-1 Holder. In the event that the Agent is terminated pursuant to this Section 3938, all of its rights and obligations under this Agreement shall be terminated, other than any rights or obligations that accrued prior to the date of such termination. The Agent may resign at any time on ten (10) days’ prior upon notice, so long as a successor Agent, reasonably satisfactory to the Noteholders (it being agreed that the Servicer, the Trustee or a Certificate Administrator in a Securitization is satisfactory to the Noteholders), has agreed to be bound by this Agreement and perform the duties of the Agent hereunder. Barclays Bank PLCDB, as Initial Agent, may transfer its rights and obligations to the a Servicer, the Trustee or the Certificate Administrator, as successor Agent, at any time without the consent of any Noteholder. DB, as Initial Agent, shall promptly and diligently attempt to cause such Servicer to act as successor Agent, and, if such Servicer declines to act in such capacity, shall promptly and diligently attempt to cause a similar servicer to act as successor Agent. Notwithstanding the foregoing, the Senior Noteholder and the Junior Noteholder Noteholders hereby agree that, simultaneously with the closing of the Lead Securitization, the Lead Master Servicer shall be deemed to have been automatically appointed as the successor Agent under this Agreement in place of Barclays Bank PLC the Initial Agent or any successor thereto upon such Securitization without any further notice or other action. The termination or resignation of such the Lead Master Servicer, as Master Servicer under the Servicing Agreement, shall be deemed a termination or resignation of such Lead Master Servicer as Agent under this AgreementAgreement without any further notice or other action, and any in which case the appointment of a successor master servicer Master Servicer under the Servicing Agreement shall be deemed to have been automatically appointed an appointment of 112 such successor Master Sxxxxxxx as the successor Agent under this Agreement in place thereof without any further notice or other action.
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Termination of Agent. The Agent may be terminated at any time upon ten (10) days days’ prior written notice from the Senior NoteholderNote A Holder. In the event that the Agent is terminated pursuant to this Section 3937, all of its rights and obligations under this Agreement shall be terminated, other than any rights or obligations that accrued prior to the date of such termination. The Agent may resign at any time on ten (10) days’ prior upon notice, so long as a successor Agent, reasonably satisfactory to the Noteholders (it being agreed that the Servicer, the Trustee or a Certificate Administrator in a Securitization is satisfactory to the Noteholders), has agreed to be bound by this Agreement and perform the duties of the Agent hereunder. Barclays Bank PLCIn the event that the Agent shall be terminated or shall have resigned as described in the two preceding sentences, the Noteholders shall use commercially reasonable efforts to agree upon and appoint a replacement Agent. CREFI, as Initial Agent, may transfer its rights and obligations to the a Servicer, the Trustee or the Certificate Administrator, as successor Agent, at any time without the consent of any Noteholder. CREFI, as Initial Agent, shall promptly and diligently attempt to cause such Servicer to act as successor Agent, and, if such Servicer declines to act in such capacity, shall promptly and diligently attempt to cause a similar servicer to act as successor Agent. Notwithstanding the foregoing, the Senior Noteholder and the Junior Noteholder Noteholders hereby agree that, simultaneously with the closing of the Note A Securitization, the Master Servicer shall be deemed to have been automatically appointed as the successor Agent under this Agreement in place of Barclays Bank PLC the Initial Agent or any successor thereto prior to such Securitization without any further notice or other action. The termination or resignation of such Master Servicer, as Master Servicer under the Servicing Agreement, shall be deemed a termination or resignation of such Master Servicer as Agent under this Agreement. Notwithstanding the to the contrary in this Agreement, upon the Note A Securitization, the Certificate Administrator shall automatically become and any successor master servicer shall be deemed to have been automatically appointed as the successor Agent under this Agreement in place thereof without any further notice or other actionAgent.
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