Common use of FOR EXERCISE OF VOTING AND OTHER RIGHTS Clause in Contracts

FOR EXERCISE OF VOTING AND OTHER RIGHTS. The undersigned [[intends to exercise] [is prohibited from exercising]] [[Voting Rights] [rights as [a Holder or Beneficial Owner of Certificates in the Controlling Class][the Controlling Class Representative]] under the Agreement [or, if the undersigned is not a U.S. Person, the undersigned has irrevocably appointed [______], a U.S. Person, to vote on its behalf, and to have full discretion as to such vote,] and the undersigned (please check each of the following that is applicable): ☐ is not either (1) the Depositor, the Servicer, the Special Servicer, the Trustee, the Certificate Administrator, the Operating Advisor or any of their sub-servicers or respective Affiliates or (2) a Borrower Restricted Party. ☐ is the Servicer, the Special Servicer, the Trustee, the Certificate Administrator, the Operating Advisor or any of their sub-servicers or an Affiliate of one of the foregoing (in which case the undersigned is prohibited from exercising Voting Rights or, if applicable, any other rights as a Holder or Beneficial Owner of the Controlling Class of Certificates, other than as expressly authorized in the definition of “Certificateholder”). ☐ is a Borrower Restricted Party (in which case the undersigned is prohibited from exercising Voting Rights or, if applicable, any other rights as a Holder or Beneficial Owner of Certificates in the Controlling Class).]

Appears in 3 contracts

Samples: Trust and Servicing Agreement (BBCMS Mortgage Trust 2022-C15), Trust and Servicing Agreement (Morgan Stanley Capital I Trust 2022-L8), Trust and Servicing Agreement (Benchmark 2020-B21 Mortgage Trust)

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FOR EXERCISE OF VOTING AND OTHER RIGHTS. The undersigned [[intends to exercise] [is prohibited from exercising]] [[Voting Rights] [rights as [a Holder or Beneficial Owner of Certificates in the Controlling Class][the Controlling Class Representative]] under the Agreement [or, if the undersigned is not a U.S. Person, the undersigned has irrevocably appointed [______], a U.S. Person, to vote on its behalf, and to have full discretion as to such vote,] and the undersigned (please check each of the following that is applicable): ☐ is not either (1) the Depositor, the Servicer, the Special Servicer, the Trustee, the Certificate Administrator, the Operating Advisor Administrator or any of their sub-servicers or respective Affiliates or (2) a Borrower Restricted Party. ☐ is the Servicer, the Special Servicer, the Trustee, the Certificate Administrator, the Operating Advisor Administrator or any of their sub-servicers or an Affiliate of one of the foregoing (in which case the undersigned is prohibited from exercising Voting Rights or, if applicable, any other rights as a Holder or Beneficial Owner of the Controlling Class of Certificates, other than as expressly authorized in the definition of “Certificateholder”). ☐ is a Borrower Restricted Party (in which case the undersigned is prohibited from exercising Voting Rights or, if applicable, any other rights as a Holder or Beneficial Owner of Certificates in the Controlling Class).]

Appears in 2 contracts

Samples: Trust and Servicing Agreement (Bank 2021-Bnk33), Trust and Servicing Agreement (Benchmark 2021-B25 Mortgage Trust)

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