Common use of Company as Lender of Record; Third Parties Clause in Contracts

Company as Lender of Record; Third Parties. Notwithstanding the Participation Interest in favor of Participant created by this Agreement, the Company shall be and remain the lender under the Loans, retaining the Loans and the Loan Documents in the Company’s own name. The Company shall be, and hereby is, authorized to deal with all Persons with respect to the Loans, including Borrowers, Guarantors, parties to intercreditor agreements, and parties to Loan Participation Agreements. Participant hereby authorizes any third party, without inquiry as to whether any action by the Company is authorized hereunder, to deal with the Company concerning the Loans in the same manner as if Participant’s Participation Interest therein were not outstanding. As between Participant and the Company, nothing in the foregoing shall modify any obligation of Participant to the Company or of the Company to Participant set forth in this Agreement or any Ancillary Document. Subject to the Receiver’s obligations to provide interim servicing with respect to the Loans under the Contribution Agreement, all communications with Borrowers shall be made by (or on behalf of) and through the Company, and Participant shall not communicate directly with any Borrower, Guarantor or any of their respective principals, any party to any Loan Participation Agreement, or any property manager or leasing agent or any broker for the Collateral or any part thereof, regarding this Agreement or Participant’s Participation Interest, or cause any Borrower to be involved in or affected by any dispute between Participant and the Company.

Company as Lender of Record; Third Parties. Notwithstanding the Participation Interest in favor of Participant created by this Agreement, the Company shall be and remain the lender under the Loans, retaining the Loans and the Loan Documents in the Company’s own namename (or in the name of MERS as nominee). The Company shall be, and hereby is, authorized to deal with all Persons with respect to the Loans, including Borrowers, Guarantors, and parties to intercreditor agreements, and parties to Loan Participation Agreementsagreements. Participant hereby authorizes any third party, without inquiry as to whether any action by the Company is authorized hereunder, to deal with the Company concerning the Loans in the same manner as if Participant’s Participation Interest therein were not outstanding. As between Participant and the Company, nothing in the foregoing shall modify any obligation of Participant to the Company or of the Company to Participant set forth in this Agreement or any Ancillary Document. Subject to the ReceiverParticipant’s obligations to provide interim servicing with respect to the Loans under the Contribution Agreement, all communications with Borrowers shall be made by (or on behalf of) and through the Company, and Participant shall not communicate directly with any Borrower, Guarantor or any of their respective principals, any party to any Loan Participation Agreementagreement, or any property manager or leasing agent or any broker for the Collateral or any part thereof, regarding this Agreement or Participant’s Participation Interest, or cause any Borrower to be involved in or affected by any dispute between Participant and the Company.

Company as Lender of Record; Third Parties. Notwithstanding the Participation Interest in favor of the Participant created by this Agreement, the Company shall be and remain the lender under the Loans, retaining the Loans and the Loan Documents in the Company’s own namename (or in the name of MERS as nominee, if applicable). The Company shall be, and hereby is, authorized to deal with all Persons with respect to the Loans, including Borrowers, Guarantors, parties to intercreditor agreements, agreements and parties to Loan Participation Agreements. The Participant hereby authorizes any third partyPerson, without inquiry as to whether any action by the Company is authorized hereunder, to deal with the Company concerning the Loans in the same manner as if the Participant’s Participation Interest therein were not outstanding. As between the Participant and the Company, nothing in the foregoing shall modify any obligation of the Participant to the Company or of the Company to the Participant set forth in this Agreement or any Ancillary Document. Subject to the Receiver’s obligations to provide interim servicing with respect to the Loans under the Contribution Agreement, all All communications with Borrowers shall be made by (or on behalf of) and through the Company, and the Participant shall not communicate directly with any Borrower, Guarantor or any of their respective principalsGuarantor, any party to any Loan Participation Agreement, Agreement or any property manager or leasing agent or any broker for the Collateral or any part thereof, or any of the respective principals of the foregoing parties, regarding this Agreement or the Participant’s Participation Interest, or cause any Borrower such party to be involved in or affected by any dispute between the Participant and the Company.