Common use of The Pooling and Servicing Agreement Clause in Contracts

The Pooling and Servicing Agreement. The Pooling and Servicing Agreement has been duly authorized by the Depositor and, when duly executed and delivered in accordance with its terms by each of the parties thereto, will constitute a valid and legally binding agreement of the Depositor enforceable against the Depositor in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”).

Appears in 62 contracts

Samples: Underwriting Agreement (Benchmark 2023-B40 Mortgage Trust), Underwriting Agreement (Benchmark 2022-B32 Mortgage Trust), Underwriting Agreement (Benchmark 2021-B28 Mortgage Trust)

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The Pooling and Servicing Agreement. The Pooling and Servicing Agreement has been duly authorized by the Depositor and, when duly executed and delivered in accordance with its terms by each of the parties thereto, will constitute a valid and legally binding agreement of the Depositor enforceable against the Depositor in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”"ENFORCEABILITY EXCEPTIONS").

Appears in 6 contracts

Samples: Underwriting Agreement (Merrill Lynch Mortgage Trust 2005-McP1), Underwriting Agreement (Merrill Lynch Mortgage Trust 2005-Mkb2), Underwriting Agreement (Merrill Lynch Mortgage Trust 2004-Bpc1)

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The Pooling and Servicing Agreement. The Pooling and Servicing Agreement has been duly authorized by the Depositor and, when duly executed and delivered in accordance with its terms by each of the parties thereto, will constitute a valid and legally binding agreement of the Depositor enforceable against the Depositor in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally or by equitable principles relating to enforceability (collectively, the "Enforceability Exceptions").

Appears in 4 contracts

Samples: Underwriting Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp), Underwriting Agreement (Credit Suisse Commercial Mortgage Securities Corp.), Underwriting Agreement (Credit Suisse Commercial Mortgage Securities Corp.)

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