Examples of Participation A-1 Holder in a sentence
Each of the Participation A-1 Holder, the Participation A-2 Holder, the Participation IO A-1 Holder or the Participation IO A-2 Holder, agrees that if at any time it shall receive from any sources whatsoever any payment on account of the Mortgage Loan in excess of its distributable share thereof, it will promptly remit such excess to the Agent.
Participation A-1 Holder (and any such Agent) shall not have any fiduciary duty to the Participation A-2 Holder, the Participation IO A-1 Holder or the Participation IO A-2 Holder in connection with the administration of the Mortgage Loan.
If any Future Funding Lender fails to make available its Future Funding Obligations Percentage of any Future Funding Advance or such Protective Advance, then the Participation A-1 Holder shall have the rights and remedies provided in this Agreement, including, without limitation, the rights and remedies provided under this Agreement and at law or in equity.
In connection therewith, the parties agree to account for each Participation Interest on their respective books and records as an asset sale from Participation A-1 Holder to Participation A-2 Holder.
On the date hereof, on the terms and conditions set forth herein, Rodin shall issue Participation A-1 to the Initial Participation A-1 Holder.
This Agreement shall not be deemed to represent (a) a pledge of any interest in the Mezzanine Loan by Participation A-1 Holder to the Participation A-2 Holder or (b) a loan from the Participation A-2 Holder to the Participation A-1 Holder.
Any such transferee must assume in writing the obligations of the Participation A-1 Holder or Participation A-2 Holder, as the case may be (the “Transferring Holder”) hereunder and agree to be bound by the terms and provisions hereof.
The Initial Participation A-1 Holder shall continue to be deemed the owner of Participation A-1.
If Participation A-1 Holder has delegated its duties and obligations hereunder in respect of servicing and administering the Mortgage Loan to Midland or another Agent, then such Agent shall receive a fee or other compensation pursuant to its servicing or other agreement with Participation A-1 Holder, which fee or other compensation shall be paid by Mortgage Loan Borrower, except as otherwise provided herein.
On the date hereof, on the terms and conditions set forth herein, AIG Annuity hereby confirms the issuance of the Participation A-1 to the Initial Participation A-1 Holder and the Initial Participation A-1 Holder hereby confirms the acquisition of Participation A-1 from AIG Annuity in accordance with the terms and conditions set forth in the Original Participation Agreement as modified herein.