Common use of Modifications of Mortgage Loans Clause in Contracts

Modifications of Mortgage Loans. Notwithstanding anything to the contrary in this Agreement, none of the Trustee, the Certificate Administrator, the Custodian, the Master Servicer or the Special Servicer shall permit any modification of a Money Term of a Mortgage Loan (or of a related B Note or Serviced Companion Loan) unless (i) the Trustee, the Special Servicer, the Certificate Administrator, the Custodian and the Master Servicer have received a Nondisqualification Opinion or a ruling from the Internal Revenue Service (at the expense of the related Mortgagor, any holder of a related B Note or Serviced Companion Loan or the Trust) to the effect that such modification would not be treated as an exchange pursuant to Section 1001 of the Code (or, if it would be so treated, would not be treated as a “significant modification” for purposes of Section 1.860G-2(b) of the Treasury Regulations) or (ii) such modification meets the requirements set forth in Sections 8.18 or 9.5.

Appears in 33 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C14), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C14), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C16)

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Modifications of Mortgage Loans. Notwithstanding anything to the contrary in this Agreement, none of neither the Trustee, the Certificate Administrator, the CustodianPaying Agent, the Master Servicer or nor the Special Servicer shall permit any modification of a Money Term of a Mortgage Loan (or of a related B Note or Specially Serviced Companion Loan) Mortgage Loan unless (i) the Trustee, the Special Servicer, the Certificate Administrator, the Custodian Paying Agent and the Master Servicer have received a Nondisqualification Opinion or a ruling from the Internal Revenue Service (at the expense of the related Mortgagor, any holder of a related B Note party making the request that the Master Servicer or Serviced Companion the Special Servicer modify the Mortgage Loan or the Trusta Specially Serviced Mortgage Loan) to the effect that such modification would not be treated as an exchange pursuant to Section 1001 of the Code (or, if it would be so treated, would not be treated as a "significant modification" for purposes of Section 1.860G-2(b) of the Treasury Regulations) or (ii) such modification meets the requirements set forth in Sections 8.18 or 9.5.

Appears in 22 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2007-Top25), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2004 HQ4), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2004-Top16)

Modifications of Mortgage Loans. Notwithstanding anything to the contrary in this Agreement, none of the Trustee, the Certificate Administrator, the Custodian, the Master Servicer or the Special Servicer shall permit any modification of a Money Term of a Mortgage Loan (or of a related B Note or Serviced Companion Loan) unless (i) the Trustee, the Special Servicer, the Certificate Administrator, the Custodian Administrator and the Master Servicer have received a Nondisqualification Opinion or a ruling from the Internal Revenue Service (at the expense of the related Mortgagor, any holder of a related B Note or Serviced Companion Loan or the Trust) to the effect that such modification would not be treated as an exchange pursuant to Section 1001 of the Code (or, if it would be so treated, would not be treated as a “significant modification” for purposes of Section 1.860G-2(b) of the Treasury Regulations) or (ii) such modification meets the requirements set forth in Sections 8.18 or 9.5.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2012-C6), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2012-C6), Distribution Instructions (Morgan Stanley Capital I Trust 2012-C4)

Modifications of Mortgage Loans. Notwithstanding anything to the contrary in this Agreement, none of neither the Trustee, the Certificate Administrator, the CustodianPaying Agent, the Master Servicer or nor the Special Servicer shall permit any modification of a Money Term of a Mortgage Loan (that is not in default or of a related B Note or Serviced Companion Loan) as to which default is not reasonably foreseeable unless (i) the Trustee, the Special Servicer, the Certificate Administrator, the Custodian Paying Agent and the Master Servicer have received a Nondisqualification Opinion or a ruling from the Internal Revenue Service (at the expense of the related Mortgagor, any holder of a related B Note party making the request that the Master Servicer or Serviced Companion the Special Servicer modify the Mortgage Loan or the Trusta Specially Serviced Mortgage Loan) to the effect that such modification would not be treated as an exchange pursuant to Section 1001 of the Code (or, if it would be so treated, would not be treated as a “significant modification” for purposes of Treasury Regulations Section 1.860G-2(b) of the Treasury RegulationsCode) or (ii) such modification meets the requirements set forth in Sections 8.18 or 9.5.

Appears in 1 contract

Samples: Distribution Instructions (Morgan Stanley Capital I Inc.)

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Modifications of Mortgage Loans. Notwithstanding anything to the contrary in this Agreement, none of neither the Trustee, the Certificate Administrator, the Custodian, the Master Servicer or nor the Special Servicer shall permit any modification of a Money Term of a Mortgage Loan (or of a related B Note or Specially Serviced Companion Loan) Mortgage Loan unless (i) the Trustee, the Special Servicer, the Certificate Administrator, the Custodian Servicer and the Master Servicer have received a Nondisqualification Opinion or a ruling from the Internal Revenue Service (at the expense of the related Mortgagor, any holder of a related B Note party making the request that the Master Servicer or Serviced Companion the Special Servicer modify the Mortgage Loan or the Trusta Specially Serviced Mortgage Loan) to the effect that such modification would not be treated as an exchange pursuant to Section 1001 of the Code (or, if it would be so treated, would not be treated as a "significant modification" for purposes of Section 1.860G-2(b) of the Treasury Regulations) or (ii) such modification meets the requirements set forth in Sections 8.18 or 9.5.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Cap I Inc Capital I Tr 2004-Hq3)

Modifications of Mortgage Loans. Notwithstanding anything to the contrary in this Agreement, none of neither the Trustee, the Certificate Administrator, the CustodianPaying Agent, the Master Servicer or nor the Special Servicer shall permit any modification of a Money Term of a Mortgage Loan (that is not in default or of a related B Note or Serviced Companion Loan) as to which default is not reasonably foreseeable unless (i) the Trustee, the Special Servicer, the Certificate Administrator, the Custodian Paying Agent and the Master Servicer have received a Nondisqualification Opinion or a ruling from the Internal Revenue Service (at the expense of the related Mortgagor, any holder of a related B Note party making the request that the Master Servicer or Serviced Companion the Special Servicer modify the Mortgage Loan or the Trusta Specially Serviced Mortgage Loan) to the effect that such modification would not be treated as an exchange pursuant to Section 1001 of the Code (or, if it would be so treated, would not be treated as a "significant modification" for purposes of Treasury Regulations Section 1.860G-2(b) of the Treasury RegulationsCode) or (ii) such modification meets the requirements set forth in Sections 8.18 or 9.5.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc)

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