Common use of Definitions; Conflicts Clause in Contracts

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 192 contracts

Samples: Co Lender Agreement (COMM 2015-Lc23 Mortgage Trust), Lender Agreement (JPMCC Commercial Mortgage Securities Trust 2017-Jp7), Co Lender Agreement (Benchmark 2018-B3 Commercial Mortgage Trust)

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Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 151 contracts

Samples: Lender Agreement (BMO 2024-5c4 Mortgage Trust), Co Lender Agreement (Wells Fargo Commercial Mortgage Trust 2020-C57), Co Lender Agreement (CSAIL 2018-C14 Commercial Mortgage Trust)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto thereto, or terms of substantially similar import, in the Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 67 contracts

Samples: Co Lender Agreement (BMO 2024-5c4 Mortgage Trust), Co Lender Agreement (CD 2017-Cd6 Mortgage Trust), Co Lender Agreement (DBGS 2018-C1 Mortgage Trust)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed thereto to such terms or any one or more analogous terms in the Lead Securitization Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise. In the event of, and to the extent of, a conflict between this Agreement and the Lead Securitization Servicing Agreement, this Agreement shall control.

Appears in 51 contracts

Samples: Co Lender Agreement (Morgan Stanley Capital I Trust 2021-L7), Co Lender Agreement (BBCMS 2023-C20), Co Lender Agreement (BMO 2023-C5 Mortgage Trust)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings meaning ascribed thereto to such terms, or terms of substantially similar import, in the Lead Securitization Servicing Agreement. To the extent of any inconsistency conflict between this Agreement and the Lead Securitization Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 50 contracts

Samples: Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2016-Lc25), Agreement Between Note Holders (Bank 2019-Bnk16), Agreement Between Note Holders (BBCMS Mortgage Trust 2019-C3)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Servicing Agreement. To the extent of any inconsistency between terms defined in this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 40 contracts

Samples: Lender Agreement (COMM 2016-Ccre28 Mortgage Trust), Lender Agreement (Wells Fargo Commercial Mortgage Trust 2016-C37), Lender Agreement (Wells Fargo Commercial Mortgage Trust 2016-Lc25)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto assigned or an analogous term in the Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 12 contracts

Samples: Co Lender Agreement (Wells Fargo Commercial Mortgage Trust 2021-C59), Co Lender Agreement (Wells Fargo Commercial Mortgage Trust 2022-C62), Co Lender Agreement (BBCMS Mortgage Trust 2021-C9)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Servicing Agreement. To the extent of any inconsistency between terms defined in this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 7 contracts

Samples: Intercreditor Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2015-C27), Co Lender Agreement (Bank 2019-Bnk17), Co Lender Agreement (CSAIL 2019-C16 Commercial Mortgage Trust)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed meaning assigned thereto in the Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 7 contracts

Samples: Lender Agreement (UBS Commercial Mortgage Trust 2018-C11), Lender Agreement (UBS Commercial Mortgage Trust 2018-C11), Co Lender Agreement (UBS Commercial Mortgage Trust 2018-C14)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.Servicing

Appears in 4 contracts

Samples: Co Lender Agreement (JPMDB Commercial Mortgage Securities Trust 2019-Cor6), Co Lender Agreement (CD 2016-Cd1 Mortgage Trust), Co Lender Agreement (JPMCC Commercial Mortgage Securities Trust 2019-Cor5)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto (or to any one or more analogous terms) in the Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 4 contracts

Samples: Lender Agreement (Wells Fargo Commercial Mortgage Trust 2016-C37), Lender Agreement (CD 2016-Cd2 Mortgage Trust), Lender Agreement (JPMCC Commercial Mortgage Securities Trust 2016-Jp4)

Definitions; Conflicts. References to a “Section”, “preamble” or the “recitals” are, unless otherwise specified, to a Section Section, preamble or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto meaning assigned to such term or an analogous term in the Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 3 contracts

Samples: Lender Agreement (BBCMS Mortgage Trust 2022-C18), Co Lender Agreement (UBS Commercial Mortgage Trust 2019-C18), Lender Agreement (BMO 2023-C4 Mortgage Trust)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed assigned thereto in the Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 2 contracts

Samples: Lender Agreement (UBS Commercial Mortgage Trust 2018-C11), Lender Agreement (CSAIL 2018-Cx11 Commercial Mortgage Trust)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Servicing AgreementAgreement (defined herein). To the extent of any inconsistency between the terms of this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 2 contracts

Samples: Lender Agreement (JPMDB Commercial Mortgage Securities Trust 2016-C2), Lender Agreement (Wells Fargo Commercial Mortgage Trust 2016-C33)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 2 contracts

Samples: Participation Agreement (Rodin Income Trust, Inc.), Participation Agreement (Rodin Income Trust, Inc.)

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Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings meaning ascribed thereto in the Lead Securitization Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control.

Appears in 2 contracts

Samples: Co Lender Agreement (CCUBS Commercial Mortgage Trust 2017-C1), Co Lender Agreement (GS Mortgage Securities Trust 2017-Gs7)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings meaning ascribed thereto in the Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 2 contracts

Samples: Co Lender Agreement (UBS Commercial Mortgage Trust 2018-C11), Co Lender Agreement (CSAIL 2018-Cx12 Commercial Mortgage Trust)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed meaning assigned thereto in the Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 2 contracts

Samples: Co Lender Agreement (UBS Commercial Mortgage Trust 2018-C13), Co Lender Agreement (UBS Commercial Mortgage Trust 2018-C15)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Servicing Agreement. To the extent of any inconsistency conflict between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 2 contracts

Samples: Lender Agreement (Citigroup Commercial Mortgage Trust 2016-C2), Lender Agreement (DBJPM 2016-C3 Mortgage Trust)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings meaning ascribed thereto in the Servicing AgreementAgreement or the Model PSA, as applicable. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 2 contracts

Samples: Co Lender Agreement (UBS Commercial Mortgage Trust 2017-C7), Co Lender Agreement (CSAIL 2018-Cx11 Commercial Mortgage Trust)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Servicing Agreement. To the extent of any inconsistency between terms defined in this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 1 contract

Samples: Mezzanine a Loan Participation Agreement (Piedmont Office Realty Trust, Inc.)

Definitions; Conflicts. References to a "Section" or the "recitals" are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Servicing Agreement. To the extent of any inconsistency between terms defined in this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 1 contract

Samples: Lender Agreement (COMM 2015-Ccre25 Mortgage Trust)

Definitions; Conflicts. References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed thereto in the Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control. Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless below. Any capitalized term used herein without definition shall have the context clearly requires otherwisemeaning in the Servicing Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (KBS Real Estate Investment Trust II, Inc.)

Definitions; Conflicts. References to a "Section" or the "recitals" are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings meaning ascribed thereto in the Servicing Agreement. To the extent of any inconsistency between this Agreement and the Servicing Agreement, the terms of this Agreement shall control(as hereinafter defined). Whenever used in this Agreement, the following terms shall have the respective meanings set forth below unless the context clearly requires otherwise.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Sec Fin Corp Com Mort Tr 2003 Pwr1)

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