Common use of Termination of the Obligations of the Underwriters Clause in Contracts

Termination of the Obligations of the Underwriters. (a) Any Underwriter may terminate its obligations under this Agreement by notice to the Company at any time at or prior to the Time of Delivery if the sale of the Certificates provided for herein is not consummated because of any failure or refusal on the part of the Company to comply with the terms or to fulfill any of the conditions of this Agreement, or if for any reason the Company shall be unable to perform its obligations under this Agreement.

Appears in 51 contracts

Samples: Underwriting Agreement (Benchmark 2022-B37 Mortgage Trust), Underwriting Agreement (Benchmark 2022-B33 Mortgage Trust), Underwriting Agreement (Benchmark 2021-B29 Mortgage Trust)

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Termination of the Obligations of the Underwriters. (a) Any Underwriter may terminate its obligations under this Agreement by notice to the Company Depositor at any time at or prior to the Time of Specified Delivery Date if the sale of the Certificates provided for herein is not consummated because of any failure or refusal on the part of the Company Depositor to comply with the terms or to fulfill any of the conditions of this Agreement, or if for any reason the Company Depositor shall be unable to perform its obligations under this Agreement.

Appears in 13 contracts

Samples: Underwriting Agreement (CSFB Mort Sec Corp Comm Mort Pas THR Certs 2004 C3), Underwriting Agreement (Credit Suisse Commercial Mortgage Trust Series 2006-C1), Underwriting Agreement (Credit Suisse Commercial Mortgage Trust Series 2007-C5)

Termination of the Obligations of the Underwriters. (a) Any Underwriter may terminate its obligations under this Agreement by notice to the Company at any time at or prior to the Time of Delivery if the sale of the Publicly Offered Certificates provided for herein is not consummated because of any failure or refusal on the part of the Company to comply with the terms or to fulfill any of the conditions of this Agreement, or if for any reason the Company shall be unable to perform its obligations under this Agreement.

Appears in 11 contracts

Samples: Underwriting Agreement (BMO Commercial Mortgage Securities LLC), Underwriting Agreement (Citigroup Commercial Mortgage Trust 2017-C4), Underwriting Agreement (Benchmark 2018-B6 Mortgage Trust)

Termination of the Obligations of the Underwriters. (a) Any Underwriter may terminate its obligations under this Agreement by notice to the Company Depositor, at any time at or prior to the Time of Specified Delivery Date if the sale of the Certificates provided for herein is not consummated because of any failure or refusal on the part of the Company Depositor to comply with the terms or to fulfill any of the conditions of this Agreement, or if for any reason the Company Depositor shall be unable to perform its obligations under this Agreement.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass THR Cert Ser 2001-Ckn5), Pooling and Servicing Agreement (Credit Suisse Fr Bs Mor Sec Cp Com Mor Ps Th Ce Ser 2001-Ck1), Pooling and Servicing Agreement (Commercial Mortgage Pass Through Ser 2001-Ck3)

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Termination of the Obligations of the Underwriters. (a) Any Underwriter may terminate its obligations under this Agreement by notice to the Company Depositor at any time at or prior to the Time of Specified Delivery Date if the sale of the Publicly Offered Certificates provided for herein is not consummated because of any failure or refusal on the part of the Company Depositor to comply with the terms or to fulfill any of the conditions of this Agreement, or if for any reason the Company Depositor shall be unable to perform its obligations under this Agreement.

Appears in 2 contracts

Samples: Underwriting Agreement (Greenwich Capital Commercial Funding Corp. Commercial Mortgage Trust 2006-Gg7), Underwriting Agreement (Greenwich Capital Commercial Funding Corp. Commercial Mortgage Trust 2007-Gg9)

Termination of the Obligations of the Underwriters. (a) Any Underwriter may terminate its obligations under this Agreement by notice to the Company at any time at or prior to the Time of Specified Delivery Date if the sale of the Certificates provided for herein is not consummated because of any failure or refusal on the part of the Company to comply with the terms or to fulfill any of the conditions of this Agreement, or if for any reason the Company shall be unable to perform its obligations under this Agreement.

Appears in 1 contract

Samples: Underwriting Agreement (Credit Suisse First Boston Mortgage Securities Corp)

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