Examples of Note B-1 Holder in a sentence
The Note B-1 Holder (unless a Control Appraisal Period has occurred and is continuing) shall have the right, but not the obligation, to cure such Monetary Default after receiving the first Monetary Default Notice and until the period ending (3) Business Days after receiving the second Monetary Default Notice (the “Cure Period”) and at no other times.
The Note B-1 Holder (unless a Control Appraisal Period has occurred and is continuing) shall not be required, in order to effect a cure hereunder, to pay any default interest or late charges under the Loan Documents.
The Note B-1 Holder (unless a Control Appraisal Period has occurred and is continuing) shall not contact the Mortgage Loan Borrower in order to effect any cures under Sections 11(a) or this 11(d) unless it is in conjunction with the Special Servicer or the Note B-1 Holder (unless a Control Appraisal Period has occurred and is continuing) has obtained the prior written consent of the Note A-1 Holder.
The Note A-1-1 Holder (or the Servicer acting on behalf of the Note A-1-1 Holder) shall not have any fiduciary duty to the Non-Controlling Note Holder, the Note B-1 Holder or the Note B-2 Holder in connection with the administration of the Mortgage Loan (but the foregoing shall not relieve the Note A-1-1 Holder from the obligation to make any disbursement of funds as set forth herein).
Subject to the provisions of Section 5(f) hereof, each Non-Controlling Note Holder, the Note B-1 Holder and the Note B-2 Holder further agrees that only the Note A-1-1 Holder, as a creditor, can make any election, give any consent, commence any action or file any motion, claim, obligation, notice or application or take any other action in any case by or against the Mortgage Loan Borrower under the Bankruptcy Code or in any other Insolvency Proceeding.
The Person in whose name a Note is so registered shall be deemed and treated as the sole owner and holder thereof for all purposes of this Agreement, except in the case of the Initial Note A-1 Holder, Deutsche Bank AG, acting through its New York Branch, as Note A-2 Holder, Initial Note B-1 Holder and Deutsche Bank AG, acting through its New York Branch, as Note B-2 Holder who may hold their Notes through a nominee.
The Note B-1 Holder (unless a Control Appraisal Period has occurred and is continuing) (or its Note B Holder Representative), at its expense (including, without limitation, the reasonable costs and expenses of counsel to any third parties and costs and expenses of the terminated Special Servicer), shall have the right to appoint the Special Servicer with respect to the Mortgage Loan.
JPM and Deutsche Bank desire to enter into this Agreement to memorialize the terms under which the Initial Note A-1 Holder, the Note A-2 Holder, the Initial Note B-1 Holder and the Note B-2 Holder are holding each of their respective Notes in the Mortgage Loan.
Subject to the terms of this Agreement, the Note B-1 Holder shall be subrogated to the Senior Note Holder’s rights to any payment owing to the Senior Note Holders for which the Note B-1 Holder makes a cure payment as permitted under this Section 11 but such subrogation rights may not be exercised against the Mortgage Loan Borrower until 91 days after the Note is paid in full.
Xxx Title: Executive Director DEUTSCHE BANK AG, ACTING THROUGH ITS NEW YORK BRANCH, as Note A-2 Holder By: /s/ Xxxxxxx Xxxxxxxx Name: Xxxxxxx Xxxxxxxx Title: Director By: /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Director JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, as Initial Note B-1 Holder By: /s/ Xxxxxxx X.