from Xxxxx definition

from Xxxxx x (or, in the case of either Rating Agency and, if applicable, Fitch, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates or, if applicable, any class of Serviced Pari Passu Non-Trust Mortgage Loan Securities rated by such Rating Agency, as evidenced in writing by such Rating Agency). All such insurance policies shall contain (if they insure against loss to property and do not relate to an REO Property) a "standard" mortgagee clause, with loss payable to the Master Servicer (in the case of insurance maintained in respect of Serviced Mortgage Loans, including Specially Serviced Mortgage Loans), and shall be in the name of the Special Servicer (in the case of insurance maintained in respect of Administered REO Properties), on behalf of the Trustee. Notwithstanding anything in this Section 3.07(a) to the contrary, any rating requirement with respect to Fitch shall only be required if a class of Serviced Pari Passu Non-Trust Mortgage Loan Securities is rated by Fitch. Any amounts collected by the Master Servicer or the Special Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or REO Property or amounts to be released to the related Mortgagor, in each case subject to the rights of any tenants and ground lessors, as the case may be, and in each case in accordance with the terms of the related Mortgage and the Servicing Standard) shall be deposited in the applicable Custodial Account in accordance with Section 3.04(a) or 3.04A(a), as applicable, in the case of amounts received in respect of a Serviced Mortgage Loan, or in the applicable REO Account in accordance with Section 3.16(b), in the case of amounts received in respect of an Administered REO Property. Any cost incurred by the Master Servicer or the Special Servicer in maintaining any such insurance (including any earthquake insurance maintained at the request of the Two Penn Plaza Controlling Party, the Tower Square Controlling Party or the Controlling Class Representative, as applicable) shall not, for purposes hereof, including calculating monthly distributions to Certificateholders, be added to the unpaid principal balance or Stated Principal Balance of the related Serviced Mortgage Loan(s) or REO Mortgage Loan(s), notwithstanding that the terms of such loan so permit, but shall be recoverable by the Master Servicer or the Special Servicer, as applicable, as a Servicing A...

from Xxxxx x or less than "BB" from S&P, respectively, the Collection Agent shall continue to deliver a Monthly Periodic Report on or before the 25th day of each month as set forth above and shall also deliver to the Agent and each Purchaser Agent a report reflecting information as of the close of business of the Collection Agent for the immediately preceding Business Day (each a "Daily Periodic Report") on each Business Day, containing the information as requested by the Agent or the Instructing Group (each Monthly Periodic Report, Weekly Periodic Report and Daily Periodic Report to be referred to herein as a "Periodic Report").

from Xxxxx x (or, in the case of either Rating Agency and, if applicable, Xxxxx'x, such lower rating as will not result in an Adverse Rating Event with respect to any Class of Certificates or, if applicable, any class of Westfield North Bridge Non-Trust Mortgage Loan Securities rated by such rating agency, as evidenced in writing by such rating agency), such Person may self-insure with respect to the risks described in this Section 3.07(c). Notwithstanding anything in this Section 3.07(c) to the contrary, any rating requirement with respect to Xxxxx'x shall only be required if a class of Westfield North Bridge Non-Trust Mortgage Loan Securities is rated by Xxxxx'x.

Examples of from Xxxxx in a sentence

• No purchaser of Placement Shares from Xxxxx shall be deemed to be a successor by reason merely of such purchase.

• The Placement Notice shall originate from any of the individuals from the Fund set forth on Schedule 3 (with a copy to each of the other individuals from the Fund listed on such schedule), and shall be addressed to each of the individuals from Xxxxx set forth on Schedule 3, as such Schedule 3 may be amended from time to time.

• The College shall pay for mailings originating from Xxxxx College; the District shall assume costs of mailings originating from the District.

• The Company is to construct a public access road from Xxxxx Avenue to the Town Centre together with all other roads shown on the Land Tenure Plan.

• No purchaser of Securities from Xxxxx Fargo Securities shall be deemed to be a successor by reason merely of such purchase.

• Agent shall have received from Xxxxx Xxxxxx LLP, counsel for the Agent, such opinion or opinions, on or before the date on which the delivery of the Company Counsel legal opinion is required pursuant to Section 7(m), with respect to such matters as the Agent may reasonably require, and the Company shall have furnished to such counsel such documents as they request for enabling them to pass upon such matters.

• The Representatives shall have received from Xxxxx Xxxx & Xxxxxxxx LLP, counsel for the Underwriters, such opinion or opinions, dated such Closing Date, with respect to such matters as the Representatives may require, and the Company shall have furnished to such counsel such documents as they request for the purpose of enabling them to pass upon such matters.

• Approval from Xxxxx Auctioneer may take at least one (1) working day and any improper, incomplete registration or late registration may be rejected at the sole discretion of the Auctioneer.

• The Contractor will not have the right to any additional payments from Xxxxx XXXX as a result of any Excusable Failure or to payments for deliverable(s) not provided as a result of the Excusable Failure.

• PLA's would be exempt from Xxxxx, but deemed to be public work subject to prevailing wage enforcement.

More Definitions of from Xxxxx

from Xxxxx x (or their equivalent) (the "Approved Rating Thresholds"), the Trustee shall, promptly after a Responsible Officer of the Trustee has received actual knowledge or written notice of the reduction or withdrawal of the rating (it being understood that the Trustee has no duty to monitor the ratings of the Cap Provider), request the Cap Provider to assign within thirty (30) days of such request the Cap Agreements to a counterparty that is a bank or other financial institution with the Approved Rating Thresholds. If within such time period, the Cap Provider has not assigned the Cap Agreements as provided in this Section 3.30(b), the Trustee shall request the Cap Provider to post collateral with the Trustee in an amount equal to the greatest of (i) the xxxx-to-market value of the Cap Agreements as of the Valuation Date (as defined in the related Cap Agreement), (ii) one (1%) percent of the notional balances of the Cap Agreements with respect to the related Distribution Date, (iii) the amount of the payments due under the Cap Agreements related to the next Distribution Date and (iv) the amount required by a Rating Agency under its then current policies.

from Xxxxx x (or their equivalent) (the "Approved Rating Thresholds"), the Trust Administrator shall, promptly after a Responsible Officer of the Trust Administrator has received actual knowledge or written notice of the reduction or withdrawal of the rating (it being understood that the Trust Administrator has no duty to monitor the ratings of the Cap Provider), request the Cap Provider to (i) obtain replacement Cap Agreements with a counterparty that is a bank or other financial institution with the Approved Rating Thresholds or (ii) post collateral with the Trustee in an amount sufficient to restore the immediately prior ratings of the Certificates.

from Xxxxx x. In addition, the Trustee shall at all times satisfy the requirements of Section 26(a)(1) of the Investment Company Act of 1940, as amended. In case at any time the Trustee or the Certificate Administrator shall cease to be eligible in accordance with the provisions of this section, the Trustee or the Certificate Administrator, as the case may be, shall resign immediately in the manner and with the effect specified in Section 8.07; provided that, if the Trustee shall cease to be so eligible because its combined capital and surplus is no longer at least $100,000,000 or its long-term unsecured debt rating no longer conforms to the requirements of the immediately preceding sentence, and if the Trustee proposes to the other parties hereto to enter into an agreement with (and reasonably acceptable to) each of them, and if in light of such agreement the Trustee's continuing to act in such capacity would not (as evidenced in writing by each Rating Agency) cause any Rating Agency to qualify, downgrade or withdraw any rating assigned thereby to any Class of Certificates, then upon the execution and delivery of such agreement the Trustee shall not be required to resign, and may continue in such capacity, for so long as none of the ratings assigned by the Rating Agencies to the Certificates is qualified, downgraded or withdrawn thereby. The bank, trust company, corporation or association serving as Trustee may have normal banking and trust relationships with the Depositor, a Master Servicer, the Special Servicer and their respective Affiliates but, except to the extent permitted or required by Section 7.02, shall not be an "Affiliate" (as such term is defined in Section III of PTE 2000-58) of a Master Servicer, the Special Servicer, any Sub-Servicer, any Outside Servicer, the Underwriters, the Depositor, the Certificate Administrator or any obligor with respect to Trust Mortgage Loans constituting more than 5.0% of the aggregate unamortized principal balance of the Trust Mortgage Loans as of the date of the initial issuances of the Certificates or any "Affiliate" (as such term is defined in Section III of PTE 2000-58) of any such Person. 258