Examples of Trust B Note in a sentence
In addition, the Special Servicer may accept a lower cash offer if it determines, in accordance with Accepted Servicing Practices, that the acceptance of such offer would be in the best interests of the Holders of the Certificates and the Companion Loan Holders as a collective whole (taking into account the subordination of the Trust B Note to the A Notes); provided that the offeror is not the Special Servicer or a Person that is an Affiliate of the Special Servicer.
Seller has the requisite power and authority and legal right to own the Mortgage Loans and the Linc LIC Trust B Note and to transfer and convey the Mortgage Loans and the Linc LIC Trust B Note to Purchaser and has the requisite power and authority to execute and deliver, engage in the transactions contemplated by, and perform and observe the terms and conditions of, this Agreement.
Any purchaser, title insurance company or other third party may rely upon a written statement by either the Custodian or the Special Servicer that any particular Mortgage Loan, the Linc LIC Trust B Note or related mortgaged real property in question is subject to and included under this Limited Power of Attorney and the Pooling and Servicing Agreement.
The 000 00xx Xxxxxx XX Trust B Note will have a principal balance as of the close of business on the Cut-Off Date, after giving effect to any payments during or prior to February 2015, whether or not received, of $30,000,000.
In the course of such examinations and audits, Seller will make available to such representatives of Purchaser and any designees thereof reasonably adequate facilities, as well as the assistance of a sufficient number of knowledgeable and responsible individuals who are familiar with the Mortgage Loans, the Linc LIC Trust B Note and the terms of this Agreement, and Seller shall cooperate fully with any such examination and audit in all material respects.
The fact that Purchaser has conducted or has failed to conduct any partial or complete examination of the credit files, underwriting documentation or Mortgage Files for the Mortgage Loans and the Linc LIC Trust B Note shall not affect the right of Purchaser or the Trustee to cause Seller to cure any Material Document Defect or Material Breach (each as defined below), or to repurchase or replace the defective Mortgage Loans (or a defective Linc LIC Trust B Note, as applicable) pursuant to Section 5 hereof.
The Mortgage Files shall be released from escrow upon closing of the sale of the Mortgage Loans and the Linc LIC Trust B Note and payments of the purchase price therefor as contemplated hereby.
The review described under “Transaction Parties – The Sponsors, Mortgage Loan Sellers and Originators – Xxxxxx Xxxxxxx Mortgage Capital Holdings, LLC – Review of MSMCH Mortgage Loans” in the Prospectus Supplement was designed and effected to provide reasonable assurance that the disclosure regarding the Mortgage Loans and the Linc LIC Trust B Note in the Prospectus Supplement is accurate in all material respects.
The Cut-Off Date with respect to the Mortgage Loans and the Linc LIC Trust B Note is December 1, 2014; provided, that for purposes of determining amounts allocable to the related Seller, with respect to any Mortgage Loans not having due dates on the first day of each month, the scheduled payments of principal and/or interest due thereon during December 2014 are deemed to have been due and received on December 1, 2014 rather than the actual date of receipt.
No such substitution described in clause (ii) of the preceding sentence shall be permitted with respect to the Linc LIC Trust B Note if a Material Document Defect or Material Breach exists with respect to the Linc LIC Trust B Note.