Dated as of August 18, 2015 by and among COLUMN FINANCIAL INC. (Initial Note A-1-A Holder) and COLUMN FINANCIAL, INC. (Initial Note A-1-B Holder) and COLUMN FINANCIAL, INC. (Initial Note A-2 Holder) and COLUMN FINANCIAL, INC. (Initial Note A-3 Holder)...Co-Lender Agreement • February 9th, 2016 • CSAIL 2016-C5 Commercial Mortgage Trust • Asset-backed securities • New York
THIS CO-LENDER AGREEMENT (this “Agreement”), dated as of August 18, 2015 by and between COLUMN FINANCIAL, INC. (together with its successors in interest, “CFI”), as initial owner of the Note A-1-A (in such capacity, the “Initial Note A-1-A Holder”, and in its capacity as the initial agent, the “Initial Agent”), CFI, as initial owner of the Note A-1-B (in such capacity, the “Initial Note A-1-B Holder”), CFI, as initial owner of the Note A-2 (in such capacity, the “Initial Note A-2 Holder”), and CFI, as initial owner of the Note A-3 (in such capacity, the “Initial Note A-3 Holder” and, together with the Initial Note A-1-A Holder, the Initial Note A-1-B Holder and the Initial Note A-2 Holder, the “Initial Note Holders”).
CO-LENDER AGREEMENT Dated as of October 15, 2015 between RIALTO MORTGAGE FINANCE, LLC (Note A-1 Holder) and RIALTO MORTGAGE FINANCE, LLC (Note A-2 Holder)Co-Lender Agreement • February 9th, 2016 • CSAIL 2016-C5 Commercial Mortgage Trust • Asset-backed securities • New York
THIS CO-LENDER AGREEMENT (the “Agreement”), dated as of October 15, 2015, is between RIALTO MORTGAGE FINANCE, LLC, a Delaware limited liability company (“RMF”), having an address at 600 Madison Avenue, 12th Floor, New York, New York 10022, and, together with its successors and assigns in interest, in its capacity as the holder of Note A-1 (the “Note A-1 Holder”) and RMF, and, together with its successors and assigns in interest, in its capacity as the holder of Note A-2 (the “Note A-2 Holder”).
CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP. as Depositor KEYBANK NATIONAL ASSOCIATION, as Servicer AEGON USA REALTY ADVISORS, LLC, as Special Servicer WELLS FARGO BANK, NATIONAL ASSOCIATION, as Certificate Administrator and WELLS FARGO BANK,...Trust and Servicing Agreement • February 9th, 2016 • CSAIL 2016-C5 Commercial Mortgage Trust • Asset-backed securities • New York
THIS TRUST AND SERVICING AGREEMENT (“Agreement”) is dated as of December 15, 2015, among Credit Suisse First Boston Mortgage Securities Corp., as Depositor, KeyBank National Association, as Servicer, AEGON USA Realty Advisors, LLC, as Special Servicer, Wells Fargo Bank, National Association, as Certificate Administrator, and Wells Fargo Bank, National Association, as Trustee.
CREDIT SUISSE COMMERCIAL MORTGAGE SECURITIES CORP., PURCHASER and THE BANK OF NEW YORK MELLON, SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of February 1, 2016 Series 2016-C5Mortgage Loan Purchase Agreement • February 9th, 2016 • CSAIL 2016-C5 Commercial Mortgage Trust • Asset-backed securities • New York
CREDIT SUISSE COMMERCIAL MORTGAGE SECURITIES CORP., PURCHASER and RIALTO MORTGAGE FINANCE, LLC, SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of February 1, 2016 Series 2016-C5Mortgage Loan Purchase Agreement • February 9th, 2016 • CSAIL 2016-C5 Commercial Mortgage Trust • Asset-backed securities • New York
contained in the offer (which amount may be reduced by broker fees or commissions that would have been payable if the premises were sold pursuant to a bona fide offer) , in which event, the borrower will be required sell the Walgreens premises to the tenant. The right of first refusal does not apply to a foreclosure sale or a deed-in-lieu of foreclosure; however, such right of first refusal applies to subsequent purchasers of the Mortgaged Property.
CREDIT SUISSE COMMERCIAL MORTGAGE SECURITIES CORP., PURCHASER and JEFFERIES LOANCORE LLC, SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of February 1, 2016 Series 2016-C5Mortgage Loan Purchase Agreement • February 9th, 2016 • CSAIL 2016-C5 Commercial Mortgage Trust • Asset-backed securities • New York
AGREEMENT BETWEEN NOTEHOLDERSAgreement Between Noteholders • February 9th, 2016 • CSAIL 2016-C5 Commercial Mortgage Trust • Asset-backed securities • New York
CREDIT SUISSE COMMERCIAL MORTGAGE SECURITIES CORP., PURCHASER and SILVERPEAK REAL ESTATE FINANCE LLC, SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of February 1, 2016 Series 2016-C5Mortgage Loan Purchase Agreement • February 9th, 2016 • CSAIL 2016-C5 Commercial Mortgage Trust • Asset-backed securities • New York
has the right, following an event of default under the preferred equity agreement, to force the sale of any or all of the related Mortgaged Properties, subject to the terms of the related Mortgage Loan documents regarding property releases and prepayments. The preferred equity interest is cross-defaulted with the related mezzanine loans, such that an event of default under the mezzanine loans is an event of default under the preferred equity agreement. The preferred equity interest will be payable only out of excess cash flow. In addition, the holder of the preferred equity interest has consent rights over certain decisions including any sale or refinancing of any Mortgaged Property, the adoption of an annual budget and prepayment of the Mortgage Loan.
CREDIT SUISSE COMMERCIAL MORTGAGE SECURITIES CORP., PURCHASER and COLUMN FINANCIAL, INC., SELLER MORTGAGE LOAN PURCHASE AGREEMENT Dated as of February 1, 2016 Series 2016-C5Mortgage Loan Purchase Agreement • February 9th, 2016 • CSAIL 2016-C5 Commercial Mortgage Trust • Asset-backed securities • New York
This Mortgage Loan Purchase Agreement (“Agreement”), dated as of February 1, 2016, is between Credit Suisse Commercial Mortgage Securities Corp., a Delaware corporation, as purchaser (in such capacity, the “Purchaser”), and Column Financial, Inc., a Delaware corporation, as seller (the “Seller”).
