Controlling Class Certificateholder definition

Controlling Class Certificateholder. Each Holder (or Certificate Owner, if applicable) of a Certificate of the Controlling Class as determined by the Certificate Administrator from time to time.
Controlling Class Certificateholder means any Holder of a Certificate of the Controlling Class.
Controlling Class Certificateholder. Each Holder (or Beneficial Owner, if applicable) of a Certificate of the Controlling Class as determined by the Certificate Registrar, from time to time, upon request by any party hereto. The Trustee, the Servicer or the Special Servicer may from time to time request (the cost of which being an expense of the Trust) that the Certificate Administrator provide a list of the Holders (or Beneficial Owners, if applicable) of the Controlling Class and the Certificate Administrator shall promptly provide such list without charge to such Trustee, Servicer or Special Servicer, as applicable. The Trustee, the Servicer and the Special Servicer shall be entitled to rely on any such list so provided. Notwithstanding the foregoing, for purposes of determining the Directing Certificateholder, exercising any rights of the Controlling Class or the Directing Certificateholder or receiving Asset Status Reports or any other information under this Agreement other than Distribution Date Statements, any holder of any interest in a Controlling Class Certificate who is a Borrower Affiliate, the Property Manager or an agent or Affiliate of the foregoing, or is a Restricted Party, will not be deemed to be a Holder of the related Controlling Class and will not be entitled to exercise such rights or receive such information, and any Directing Certificateholder previously appointed or selected by such holder will thereafter not be entitled to exercise any rights of the Directing Certificateholder. If, as a result of the preceding sentence, no Holder of Controlling Class Certificates would be eligible to exercise such rights, there will be no Directing Certificateholder or Controlling Class.

Examples of Controlling Class Certificateholder in a sentence

  • To the extent there is only one Controlling Class Certificateholder and it is also the Special Servicer, it shall be the Directing Certificateholder.

  • Prior to the occurrence of a Consultation Termination Event, the Certificate Administrator shall deliver to each Controlling Class Certificateholder a copy of the notice of such Servicing Transfer Event provided by the Master Servicer pursuant to this Section 3.21.

  • The Non-Waiving Successor shall also have the right to exercise any of the rights of the Controlling Class Certificateholder.

  • Following any such sale or transfer, the Non-Waiving Successor shall again have the rights of the Controlling Class Certificateholder as set forth herein (including the rights to appoint a Directing Certificateholder or cause the exercise of the rights of the Directing Certificateholder) without regard to any prior waiver by the predecessor Controlling Class Certificateholder.

  • Promptly upon its determination of a change in the Controlling Class, the Certificate Administrator shall notify the Master Servicer, Special Servicer and the Senior Trust Advisor of such event, including the identity and contact information of the new Controlling Class Certificateholder (the cost of obtaining such information from DTC being an expense of the Trust).

  • Each Controlling Class Certificateholder is hereby deemed to have agreed by virtue of its purchase of a Certificate to provide its name and address to the Certificate Administrator and to notify the Certificate Administrator of the transfer of any Certificate of the Controlling Class, the selection of a Controlling Class Representative or the resignation or removal thereof.

  • In addition to the foregoing, within five (5) Business Days of receiving notice of the selection of a new Directing Certificateholder or the existence of a new Controlling Class Certificateholder, the Certificate Administrator shall notify the Trustee, the Senior Trust Advisor, the Master Servicer and the Special Servicer.

  • The Master Servicer shall promptly deliver copies of the operating statements and rent rolls received or obtained by it (including pursuant to the preceding sentence) to the Trustee, the Special Servicer, any related Serviced Non-Trust Mortgage Loan Noteholder(s) (if the subject Mortgaged Property secures a Serviced Loan Combination) or any Controlling Class Certificateholder, in each case upon request.

  • Copies of CMSA Operating Statement Analysis Reports and CMSA NOI Adjustment Worksheets (as well as any comparable items received with respect to an Outside Serviced Trust Mortgage Loan or any related REO Property) are to be forwarded by the Master Servicer or the Special Servicer, as applicable, to each other, the Trustee and any Controlling Class Certificateholder, in each case upon request.

  • In addition to the foregoing, within two (2) Business Days of receiving notice of the selection of a new Directing Certificateholder or the existence of a new Controlling Class Certificateholder, the Paying Agent shall notify the Trustee, the Master Servicer and the Special Servicer.


More Definitions of Controlling Class Certificateholder

Controlling Class Certificateholder. Each Holder (or Certificate Owner, if applicable) of a Certificate of the Controlling Class as determined by the Certificate Registrar, from time to time, upon request by any party hereto. The Trustee, the Servicer or the Special Servicer may from time to time request (the cost of which being a Trust Fund Expense) that the Certificate Administrator provide a list of the Holders (or Certificate Owners, if applicable) of the Controlling Class and the Certificate Administrator shall promptly provide such list without charge to such Trustee, Certificate Administrator, Servicer, or Special Servicer, as applicable. The Trustee, the Servicer and the Special Servicer shall be entitled to rely on any such list so provided. The Certificate Administrator and the other parties to this Agreement will be entitled to assume that the identity of the Directing Holder has not changed absent a written notice of a replacement of the Directing Holder by a majority of the Controlling Class by Certificate Balance or the resignation of the then current Directing Holder. Any written notice to the Trustee, the Certificate Administrator, the Servicer and the Special Servicer of the appointment of any Directing Holder other than the initial Directing Holder will be required to state that such subsequent Directing Holder is not a Borrower, property manager or any of their Affiliates. The Servicer and the Special Servicer may request that the Certificate Administrator provide the name of the Directing Holder and will be entitled to conclusively rely on such information provided.
Controlling Class Certificateholder. Each Holder (or Beneficial Owner, if applicable) of a Certificate of the Controlling Class as determined by the Certificate Administrator from time to time; provided, however, that solely for the purpose of giving any consent, taking any action, or exercising any control, consultation or other rights as a Controlling Class Certificateholder with respect to the Newcastle Loan Combination or the Newcastle Mortgage Loan, any Certificate of the Controlling Class beneficially owned by a Competitor Restricted Party shall be deemed not to be outstanding and the Voting Rights to which it is entitled shall not be taken into account in determining whether the requisite percentage of Voting Rights necessary to effect any such consent or take any such action has been obtained.
Controlling Class Certificateholder. As of any date of determination, any Holder of a Certificate of the Controlling Class.
Controlling Class Certificateholder means any Holder of Certificates of the Controlling Class. "CONTROLLING CLASS REPRESENTATIVE" shall have the meaning assigned thereto in SECTION 3.23(a), and shall initially be ARCap REIT, Inc.

Related to Controlling Class Certificateholder

  • Holder or Certificateholder The registered owner of any Certificate as recorded on the books of the Certificate Registrar except that, solely for the purposes of taking any action or giving any consent pursuant to this Agreement, any Certificate registered in the name of the Depositor, the Trustee, the Master Servicer, any Servicer or any Affiliate thereof shall be deemed not to be outstanding in determining whether the requisite percentage necessary to effect any such consent has been obtained, except that, in determining whether the Trustee shall be protected in relying upon any such consent, only Certificates which a Responsible Officer of the Trustee knows to be so owned shall be disregarded. The Trustee may request and conclusively rely on certifications by the Depositor, the Master Servicer and any Servicer in determining whether any Certificates are registered to an Affiliate of the Depositor, the Master Servicer or such Servicer.

  • Class C Certificateholder means the person in whose name a Class C Certificate is registered on the Certificate Register.

  • Investor Certificateholder means the holder of record of an Investor Certificate.

  • Certificateholder only the Person in whose name a Certificate is registered in the Certificate Register.

  • Class R Certificateholder The registered Holder of the Class R Certificate.

  • Class A-R Certificateholder The registered holder of the Class A-R Certificate.

  • Class B Certificateholder means the Person in whose name a Class B Certificate is registered in the Certificate Register.

  • Majority Certificateholder means the Holder of the greatest percentage ownership interest in the Certificate as recorded in the Certificate Register.

  • Controlling Class means (a) the Outstanding Class A Notes, (b) if no Class A Notes are Outstanding, the Outstanding Class B Notes and (c) if no Class B Notes are Outstanding, the Outstanding Class C Notes.

  • Class A Certificateholder The registered holder of a Class A Certificate.

  • Junior Certificateholder The Holder of not less than 95% of the Percentage Interests of the Junior Class of Certificates.

  • Class A-1 Certificateholder The registered holder of a Class A-1 Certificate.

  • Class D Certificateholder Has the meaning specified in Section 4.01(b)(iv) of this Trust Supplement.

  • Class A-PO Certificateholder The registered holder of a Class A-PO Certificate.

  • Applicable Certificateholder Means the Person in whose name an Applicable Certificate is registered on the Register for the Applicable Certificates.

  • REMIC III Certificateholder The Holder of any REMIC III Certificate.

  • Remaining Certificateholder Any Holder (or Holders provided they act in unanimity) holding 100% of the Certificates (other than the Class S and Class R Certificates) or an assignment of the voting rights thereof; provided, however, that the Certificate Balances of the Class A-1, Class A-2, Class A-3, Class A-4, Class A-AB, Class A-S, Class B, Class C and Class D Certificates and the Notional Amounts of the Class X-A, Class X-B and Class X-D Certificates have been reduced to zero.

  • Certificateholders shall reflect the rights of Certificate Owners as they may indirectly exercise such rights through the Depository and participating members thereof, except as otherwise specified herein; provided, however, that the Trustee shall be required to recognize as a "Holder" or "Certificateholder" only the Person in whose name a Certificate is registered in the Certificate Register.

  • Class A-2 Certificateholder The registered holder of a Class A-2 Certificate.

  • Majority Certificateholders The Holders of Certificates evidencing at least 51% of the Voting Rights.

  • Directing Certificateholder means the “Controlling Class Certificateholder” or other analogous term as defined in the Lead Securitization Servicing Agreement.

  • Lead Securitization Directing Certificateholder means the “Directing Certificateholder” as defined in the Lead Securitization Servicing Agreement.

  • Class A-3 Certificateholder The registered holder of a Class A-3 Certificate.

  • Trust Certificateholder means the Person in whose name a Trust Certificate is registered on the Certificate Register.

  • Class A-4 Certificateholder The registered holder of a Class A-4 Certificate.