AGREEMENT BETWEEN NOTE HOLDERS Dated as of October 15, 2023 by and among SOCIETE GENERALE FINANCIAL CORPORATION (Initial Note A-1 Holder) SOCIETE GENERALE FINANCIAL CORPORATION (Initial Note A-2 Holder) SOCIETE GENERALE FINANCIAL CORPORATION (Initial...Agreement Between Note Holders • November 9th, 2023 • BMO 2023-5c2 Mortgage Trust • Asset-backed securities • New York
THIS AGREEMENT BETWEEN NOTE HOLDERS (“Agreement”), dated as of October 15, 2023 by and among Societe Generale Financial Corporation (“SGFC” and together with its successors and assigns in interest, in its capacity as initial owner of the Note A-1, the “Initial Note A-1 Holder”, and in its capacity as the initial agent, the “Initial Agent”), SGFC (together with its successors and assigns in interest, in its capacity as initial owner of the Note A-2, the “Initial Note A-2 Holder”), SGFC (together with its successors and assigns in interest, in its capacity as initial owner of the Note A-3, the “Initial Note A-3 Holder”), SGFC (together with its successors and assigns in interest, in its capacity as initial owner of the Note A-4, the “Initial Note A-4 Holder”) and SGFC (together with its successors and assigns in interest, in its capacity as initial owner of the Note A-5, the “Initial Note A-5 Holder”) and, together with the Initial Note A-1 Holder, Initial Note A-2 Holder, Initial Note A
CO-LENDER AGREEMENT Dated as of October 10, 2023 by and between BANK OF MONTREAL (Initial Note A-1 Holder) and BANK OF MONTREAL (Initial Note A-2 Holder) HGI Downtown AtlantaCo-Lender Agreement • October 24th, 2023 • BMO 2023-5c2 Mortgage Trust • Asset-backed securities • New York
THIS CO-LENDER AGREEMENT (this “Agreement”), dated and effective as of October 10, 2023, by and between BANK OF MONTREAL (“BMO” and together with its successors and assigns in interest, in its capacity as owner of each of Note A-1, the “Initial Note A-1 Holder”, and in its capacity as the initial agent, the “Initial Agent”), and BMO (together with its successors and assigns in interest, in its capacity as owner of Note A-2, the “Initial Note A-2 Holder” and, together with the Initial Note A-1 Holder, the “Initial Note Holders”).
BMO COMMERCIAL MORTGAGE SECURITIES LLC PURCHASER and BANK OF MONTREAL SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of November 1, 2023 BMO 2023-5C2 Mortgage Trust Commercial Mortgage Pass-Through Certificates, Series 2023-5C2Mortgage Loan Purchase Agreement • November 9th, 2023 • BMO 2023-5c2 Mortgage Trust • Asset-backed securities • New York
relating to façade work performed by the subcontractor. Neither the Mortgagor nor its predecessor-in-interest is named in the litigation, and the contract with primary contractor was not assumed by the Mortgagor in connection with its acquisition of the Mortgaged Property. The Mortgagor’s predecessor-in-interest has held back the retainage owed to the primary contractor (approximately $996,842) in escrow by a title company pursuant to an escrow agreement between the Mortgagor and its predecessor-in-interest, and such escrowed amount is required to be released to the primary contractor upon resolution of said dispute.
AGREEMENT BETWEEN NOTEHOLDERS Dated as of August 15, 2023 by and among STARWOOD MORTGAGE CAPITAL LLC (Initial SMC Note A Holder) and BANK OF MONTREAL (Initial BMO Note A Holder) ARCOLA CORPORATE CENTERAgreement Between Noteholders • October 24th, 2023 • BMO 2023-5c2 Mortgage Trust • Asset-backed securities • New York
THIS AGREEMENT BETWEEN NOTEHOLDERS, dated as of August 15, 2023, by and between STARWOOD MORTGAGE CAPITAL LLC (together with its successors in interest and assigns, “SMC”), a Delaware limited liability company (in its capacity as initial owner of the SMC A Notes, the “Initial SMC Note A Holder” and, in its capacity as the initial agent, the “Initial Agent”), and BANK OF MONTREAL (together with its successors in interest and assigns, “BMO”), a Canadian chartered bank (in its capacity as initial owner of the BMO A Notes, the “Initial BMO Note A Holder”).
COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2023-5C2Underwriting Agreement • October 24th, 2023 • BMO 2023-5c2 Mortgage Trust • Asset-backed securities
Goldman Sachs & Co. LLC 200 West Street New York, New York 10282 Bancroft Capital, LLC 501 Office Center Drive, Suite 130 Fort Washington, Pennsylvania 19034
CO-LENDER AGREEMENT Dated as of September 13, 2023 between DBR INVESTMENTS CO. LIMITED (Note A-1 Holder) DBR INVESTMENTS CO. LIMITED (Note A-2 Holder) DBR INVESTMENTS CO. LIMITED (Note A-3 Holder) DBR INVESTMENTS CO. LIMITED (Note A-4 Holder) DBR...Co-Lender Agreement • November 9th, 2023 • BMO 2023-5c2 Mortgage Trust • Asset-backed securities • New York
THIS CO-LENDER AGREEMENT (the “Agreement”), dated as of September 13, 2023, is between DBR INVESTMENTS CO. LIMITED, an Exempted Company incorporated in the Cayman Islands (“DBRI”), having an address at 1 Columbus Circle, New York, New York 10019, as Note A-1 Holder, DBRI as Note A-2 Holder, DBRI as Note A-3 Holder, DBRI as Note A-4 Holder, DBRI as Note A-5-1 Holder, and DBRI as Note A-5-2 Holder.
AGREEMENT BETWEEN NOTE HOLDERS Dated as of June 30, 2023 by and between BANK OF AMERICA, N.A. (Initial Note A-1-1 Holder, Initial Note A-1-2 Holder, Initial Note A-1-3 Holder, Initial Note A-1-4 Holder and Initial Note A-1-5 Holder) and UBS AG, NEW...Agreement Between Note Holders • October 24th, 2023 • BMO 2023-5c2 Mortgage Trust • Asset-backed securities • New York
This AGREEMENT BETWEEN NOTE HOLDERS (“Agreement”), dated as of June 30, 2023 by and between BANK OF AMERICA, N.A. (“BANA”, in its capacity as initial owner of Note A-1-1 described below, the “Initial Note A-1-1 Holder”, in its capacity as initial owner of Note A-1-2 described below, the “Initial Note A-1-2 Holder”, in its capacity as initial owner of Note A-1-3 described below, the “Initial Note A-1-3 Holder”, in its capacity as initial owner of Note A-1-4 described below, the “Initial Note A-1-4 Holder”, in its capacity as initial owner of Note A-1-5 described below, the “Initial Note A-1-5 Holder” and, in its capacity as the initial agent, the “Initial Agent”);
