Common use of Modifications Clause in Contracts

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32).

Appears in 165 contracts

Samples: Agreement Between Note Holders (MSWF Commercial Mortgage Trust 2023-2), Agreement Between Note Holders (Bank5 2023-5yr4), Agreement Between Note Holders (BMO 2023-C7 Mortgage Trust)

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Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of in this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32).

Appears in 153 contracts

Samples: Agreement Between Note Holders (BMO 2024-5c4 Mortgage Trust), Agreement Between Note Holders (Bank5 2023-5yr3), Agreement (BBCMS Mortgage Trust 2023-C21)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining receiving a Rating Agency Confirmation from each Rating Agency then rating any Certificates of any Securitizationsecurities backed by a Note; provided that no such Rating Agency Confirmation shall be required in connection with a modification or amendment (i) to cure any ambiguity, (ii) to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with of this Agreement, the Lead Securitization Servicing AgreementAgreement or the final disclosure documents relating to the Lead Securitization, or (iiiii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes entered into pursuant to Section 32)31 of this Agreement.

Appears in 79 contracts

Samples: Co Lender Agreement (BBCMS Mortgage Trust 2024-C24), Co Lender Agreement (BBCMS Mortgage Trust 2024-C24), Co Lender Agreement (BBCMS Mortgage Trust 2024-C24)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining delivering a Rating Agency Confirmation from Communication to each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation Communication shall be required in connection with a modification (i) to cure any ambiguity, to correct any scrivener error, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, Agreement to make provisions of this Agreement consistent with other provisions of this Agreement (including, including without limitation, in connection with the creation of New Notes pursuant to Section 3233).

Appears in 71 contracts

Samples: Agreement Between Note Holders (BBCMS Mortgage Trust 2024-5c25), Agreement Between Note Holders (BMO 2024-5c3 Mortgage Trust), Agreement Between Note Holders (BMO 2023-C7 Mortgage Trust)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each the Note A-1 Holder and the Note A-2 Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining receiving a Rating Agency Confirmation written confirmation from each Rating Agency that such amendment or modification will not result in a qualification, withdrawal or downgrade of its then rating any Certificates current ratings of any the securities issued in connection with a Securitization; provided that no such confirmation from the Rating Agency Confirmation Agencies shall be required in connection with a modification or amendment (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect entered into pursuant to matters or questions arising under this Agreement, to make provisions Section 32 of this Agreement consistent or (iii) to correct or supplement any provision herein that may be defective or inconsistent with any other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32)Agreement.

Appears in 54 contracts

Samples: Co Lender Agreement (GS Mortgage Securities Trust 2019-Gc39), Co Lender Agreement (GS Mortgage Securities Trust 2019-Gc39), Co Lender Agreement (GS Mortgage Securities Trust 2019-Gc38)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct any scrivener’s error, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32).

Appears in 44 contracts

Samples: Agreement Between Note Holders (BMO 2024-5c4 Mortgage Trust), Agreement Between Note Holders (BMO 2024-5c4 Mortgage Trust), Agreement Between Note Holders (BBCMS Mortgage Trust 2024-5c25)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 3231).

Appears in 44 contracts

Samples: Agreement Between Note Holders (BBCMS Mortgage Trust 2024-5c25), Agreement Between Note Holders (BMO 2024-5c3 Mortgage Trust), Agreement Between Note Holders (Benchmark 2024-V5 Mortgage Trust)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining delivering a Rating Agency Confirmation from Communication to each Rating Agency then rating any Certificates of any SecuritizationAgency; provided that no such Rating Agency Confirmation Communication shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, Agreement or (ii) to make other provisions with respect to matters or questions arising under this Agreement, to make which shall not be inconsistent with the provisions of this Agreement consistent with other provisions of this Agreement (including, including without limitation, limitation in connection with the creation of New Notes pursuant to Section 32)31.

Appears in 43 contracts

Samples: Agreement Between Note Holders (Bank 2022-Bnk39), Agreement Between Note Holders (Bank 2021-Bnk38), Agreement Between Note Holders (Bank 2021-Bnk37)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) to make other provisions with respect to matters or questions arising under this Agreement, to make Agreement consistent with the provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32)Agreement.

Appears in 42 contracts

Samples: Agreement Between Note Holders (BBCMS Mortgage Trust 2022-C15), Agreement Between Note Holders (BBCMS Mortgage Trust 2022-C14), Agreement Between Note Holders (BBCMS Mortgage Trust 2021-C12)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining delivering a Rating Agency Confirmation from Communication to each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation Communication shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, Agreement to make provisions of this Agreement consistent with other provisions of this Agreement (including, including without limitation, in connection with the creation of New Notes pursuant to Section 3233).

Appears in 36 contracts

Samples: Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C7), Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C6), Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C6)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) to make other provisions with respect to matters or questions arising under this Agreement, to make which shall not be inconsistent with the provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32)Agreement.

Appears in 33 contracts

Samples: Agreement Between Note Holders, Agreement Between Note Holders (GS Mortgage Securities Trust 2017-Gs8), Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2016-C37)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct any scrivener’s errors, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 3231).

Appears in 27 contracts

Samples: Agreement Between Note Holders (BBCMS Mortgage Trust 2024-C24), Agreement Between Note Holders (Benchmark 2023-B40 Mortgage Trust), Agreement Between Note Holders (MSWF Commercial Mortgage Trust 2023-2)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining delivering a Rating Agency Confirmation from Communication to each Rating Agency then rating any Certificates of any SecuritizationAgency; provided that no such Rating Agency Confirmation Communication shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) to make other provisions with respect to matters or questions arising under this Agreement, to make which shall not be inconsistent with the provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32)Agreement.

Appears in 26 contracts

Samples: Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2016-C35), Agreement Between Note Holders (Bank of America Merrill Lynch Commercial Mortgage Trust 2016-Ubs10), Agreement Between Note Holders (Bank of America Merrill Lynch Commercial Mortgage Trust 2016-Ubs10)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, the parties hereto provided that for as so long as any Note is contained in a Securitization Trust, the Note Holders Noteholders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates of securities in any Securitization; provided that no such Rating Agency Confirmation shall not be required in connection with a any modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, Agreement or (ii) with respect to matters or questions arising under this Agreement, Agreement to make provisions of this Agreement consistent with other provisions of this Agreement (including, including without limitation, in connection with the creation of New Notes pursuant to Section 3239).

Appears in 26 contracts

Samples: Agreement Among Noteholders (Wells Fargo Commercial Mortgage Trust 2020-C57), Agreement Among Noteholders (UBS Commercial Mortgage Trust 2019-C18), Agreement Among Noteholders (BBCMS Mortgage Trust 2019-C3)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates of any SecuritizationAgency; provided that no such Rating Agency Confirmation Communication shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32).

Appears in 26 contracts

Samples: Agreement Between Note Holders (Morgan Stanley Capital I Trust 2019-H6), Agreement Between Note Holders (BBCMS Mortgage Trust 2019-C3), Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2019-C50)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 3233).

Appears in 26 contracts

Samples: Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2020-C56), Agreement Between Note Holders (CSAIL 2020-C19 Commercial Mortgage Trust), Agreement Between Note Holders (CSAIL 2019-C18 Commercial Mortgage Trust)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining delivering a Rating Agency Confirmation from Communication to each Rating Agency then rating any Certificates of any SecuritizationAgency; provided that no such Rating Agency Confirmation Communication shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 3233).

Appears in 23 contracts

Samples: Agreement Between Note Holders, Agreement Between Note Holders, Agreement Between Note Holders (CSAIL 2016-C7 Commercial Mortgage Trust)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining delivering a Rating Agency Confirmation from Communication to each Rating Agency then rating any Certificates of any SecuritizationAgency; provided that no such Rating Agency Confirmation Communication shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32).

Appears in 22 contracts

Samples: Agreement Between Note Holders (Morgan Stanley Capital I Trust 2017-H1), Agreement Between Note Holders (Morgan Stanley Bank of America Merrill Lynch Trust 2017-C33), Agreement Between Note Holders (Morgan Stanley Capital I Trust 2017-H1)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 3231).

Appears in 19 contracts

Samples: Agreement Between Note Holders (Bank 2019-Bnk19), Agreement Between Note Holders (Bank 2019-Bnk18), Version Agreement Between Note Holders (Bank 2019-Bnk16)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining delivering a Rating Agency Confirmation from Communication to each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation Communication shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32).

Appears in 17 contracts

Samples: Agreement Between Note Holders (UBS Commercial Mortgage Trust 2018-C8), Agreement Between Note Holders (BENCHMARK 2018-B2 Mortgage Trust), Agreement Between Note Holders (BENCHMARK 2018-B2 Mortgage Trust)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32).

Appears in 15 contracts

Samples: Agreement Between Note Holders (Benchmark 2022-B37 Mortgage Trust), Agreement Between Note Holders (BMO 2022-C3 Mortgage Trust), Agreement Between Note Holders (BMO 2022-C2 Mortgage Trust)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 3233).

Appears in 14 contracts

Samples: Agreement Between Note Holders (Bank 2020-Bnk25), Agreement Between Note Holders (CF 2019-Cf3 Mortgage Trust), Agreement Between Note Holders (Bank 2019-Bnk24)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining receiving a Rating Agency Confirmation from each Rating Agency then rating any Certificates of any Securitizationsecurities backed by a Note; provided that no such Rating Agency Confirmation shall be required in connection with a modification or amendment (i) to cure any ambiguity, (ii) to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with of this Agreement, the Lead Securitization Servicing AgreementAgreement or the final disclosure documents relating to the Lead Securitization, or (iiiii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes entered into pursuant to Section 32)31 of this Agreement.

Appears in 13 contracts

Samples: Co Lender Agreement (JPMDB Commercial Mortgage Securities Trust 2018-C8), Co Lender Agreement (Morgan Stanley Capital I Trust 2019-L2), Co Lender Agreement (Morgan Stanley Capital I Trust 2018-H4)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each the Note A-1 Holder and the Note A-2 Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining receiving a Rating Agency Confirmation written confirmation from each Rating Agency that such amendment or modification will not result in a qualification, withdrawal or downgrade of its then rating any Certificates current ratings of any the securities issued in connection with the related Securitization; provided that no such Rating Agency Confirmation confirmation shall be required in connection with a modification or amendment (i) to cure any ambiguity, (ii) to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with of this Agreement, the Lead Securitization Servicing AgreementAgreement or the final disclosure documents relating to the Lead Securitization, or (iiiii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes entered into pursuant to Section 32)31 of this Agreement.

Appears in 13 contracts

Samples: Co Lender Agreement (Citigroup Commercial Mortgage Trust 2016-P5), Co Lender Agreement (Citigroup Commercial Mortgage Trust 2016-P5), Co Lender Agreement (Citigroup Commercial Mortgage Trust 2016-P5)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each the Note A-1 Holder and the Note A-2 Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining receiving a Rating Agency Confirmation from each Rating Agency then rating any Certificates of any Securitizationsecurities backed by a Note; provided that no such Rating Agency Confirmation shall be required in connection with a modification or amendment (i) to cure any ambiguity, (ii) to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with of this Agreement, the Lead Securitization Servicing AgreementAgreement or the final disclosure documents relating to the Lead Securitization, or (iiiii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes entered into pursuant to Section 32)31 of this Agreement.

Appears in 9 contracts

Samples: Co Lender Agreement (Morgan Stanley Capital I Trust 2019-L2), Co Lender Agreement (Morgan Stanley Capital I Trust 2018-H4), Co Lender Agreement (Morgan Stanley Capital I Trust 2018-H4)

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Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining receiving a Rating Agency Confirmation from each Rating Agency then rating any Certificates of any SecuritizationConfirmation; provided that no such confirmation from the Rating Agency Confirmation Agencies shall be required in connection with a modification or amendment (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect entered into pursuant to matters or questions arising under this Agreement, to make provisions Section 31 of this Agreement consistent or (iii) to correct or supplement any provision herein that may be defective or inconsistent with any other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32)Agreement.

Appears in 8 contracts

Samples: Co Lender Agreement (JPMDB Commercial Mortgage Securities Trust 2017-C5), Co Lender Agreement (GS Mortgage Securities Trust 2017-Gs5), Co Lender Agreement (GS Mortgage Securities Trust 2017-Gs5)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any either Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) to make other provisions with respect to matters or questions arising under this Agreement, to make Agreement consistent with the provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32)Agreement.

Appears in 8 contracts

Samples: Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2019-C51), Agreement Between Note Holders (BBCMS Mortgage Trust 2019-C3), Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2019-C49)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining delivering a Rating Agency Confirmation from Communication to each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation Communication shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, Agreement to make provisions of this Agreement consistent with other provisions of this Agreement (including, including without limitation, in connection with the creation of New Notes pursuant to Section 32).

Appears in 6 contracts

Samples: Agreement Between Note Holders (Morgan Stanley Capital I Trust 2016-Ubs12), Agreement Among Note Holders (CFCRE 2016-C6 Mortgage Trust), Agreement Among Note Holders (Citigroup Commercial Mortgage Trust 2016-P5)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any either Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) to make other provisions with respect to matters or questions arising under this Agreement, to make which shall not be inconsistent with the provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32)Agreement.

Appears in 6 contracts

Samples: Agreement Between Note Holders (BBCMS Mortgage Trust 2017-C1), Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2016-C37), Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2016-C36)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining delivering a Rating Agency Confirmation from Communication to each Rating Agency then rating any Certificates of any SecuritizationAgency; provided that no such Rating Agency Confirmation Communication shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) to make other provisions with respect to matters or questions arising under this Agreement, to make which shall not be inconsistent with the provisions of this Agreement consistent with other provisions of this Agreement Agreement, or (including, without limitation, in connection with iii) to address the creation of New Notes pursuant to in accordance with Section 32)33 hereof.

Appears in 4 contracts

Samples: Agreement Between Note Holders (UBS Commercial Mortgage Trust 2018-C12), Agreement Between Note Holders (UBS Commercial Mortgage Trust 2018-C10), Agreement Between Note Holders (UBS Commercial Mortgage Trust 2017-C2)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining receiving a Rating Agency Confirmation from each Rating Agency then rating any Certificates of any Securitizationsecurities backed by a Note; provided that no such Rating Agency Confirmation shall be required in connection with a modification or amendment (i) to cure any ambiguity, (ii) to correct or supplement any provisions herein that may be defective or inconsistent with any other 42 provisions herein or with of this Agreement, the Lead Securitization Servicing AgreementAgreement or the final disclosure documents relating to the Lead Securitization, or (iiiii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes entered into pursuant to Section 32)31 of this Agreement.

Appears in 4 contracts

Samples: Co Lender Agreement (BBCMS Mortgage Trust 2024-C24), Co Lender Agreement (Benchmark 2023-B40 Mortgage Trust), Co Lender Agreement (BMO 2023-5c1 Mortgage Trust)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each the Note A-1 Holder and the Note A-2 Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining receiving a Rating Agency Confirmation from each Rating Agency then rating any Certificates of any SecuritizationConfirmation; provided that no such Rating Agency Confirmation shall be required in connection with a modification or amendment (i) to cure any ambiguity, (ii) to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with of this Agreement, the Lead Securitization Servicing AgreementAgreement or the final disclosure documents relating to the Lead Securitization, or (iiiii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes entered into pursuant to Section 32)31 of this Agreement.

Appears in 4 contracts

Samples: Co Lender Agreement (Morgan Stanley Capital I Trust 2017-Hr2), Co Lender Agreement (Morgan Stanley Capital I Trust 2017-Hr2), Co Lender Agreement (Wells Fargo Commercial Mortgage Trust 2017-C42)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) to make other provisions with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other the provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32).

Appears in 3 contracts

Samples: Agreement Between Note Holders (Bank 2017-Bnk4), Agreement Between Note Holders (Wells Fargo Commercial Mortgage Trust 2017-Rb1), Agreement Between Note Holders (BBCMS Mortgage Trust 2017-C1)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 3231).. -43-

Appears in 3 contracts

Samples: Agreement Between Note Holders (Benchmark 2021-B25 Mortgage Trust), Agreement Between Note Holders (Benchmark 2021-B24 Mortgage Trust), Agreement Between Note Holders (Bank 2021-Bnk32)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of in this -42- Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32).

Appears in 2 contracts

Samples: Agreement Between Note Holders (Bank 2021-Bnk37), Agreement Between Note Holders (Bank 2021-Bnk36)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct any scrivener's error, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32).

Appears in 2 contracts

Samples: Agreement Between Note Holders (Benchmark 2023-V4 Mortgage Trust), Agreement Between Note Holders (Benchmark 2023-V3 Mortgage Trust)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining delivering a Rating Agency Confirmation from to each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct any scrivener error, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, Agreement to make provisions of this Agreement consistent with other provisions of this Agreement (including, including without limitation, in connection with the creation of New Notes pursuant to Section 3233).

Appears in 2 contracts

Samples: Agreement Between Note Holders (UBS Commercial Mortgage Trust 2018-C10), Agreement Between Note Holders (UBS Commercial Mortgage Trust 2018-C9)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any Securitization; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32).. -41-

Appears in 2 contracts

Samples: Agreement Between Note Holders (Citigroup Commercial Mortgage Trust 2022-Gc48), Agreement Between Note Holders (Benchmark 2022-B35 Mortgage Trust)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining a Rating Agency Confirmation from each Rating Agency then rating any Certificates securities of any SecuritizationSecuritization (subject to the provisions of each Securitization Servicing Agreement addressing non-responsive Rating Agencies); provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, or (ii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 3233).

Appears in 2 contracts

Samples: Agreement Between Note Holders (BBCMS Mortgage Trust 2023-C22), Agreement Between Note Holders (BMO 2023-C6 Mortgage Trust)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained held in a Securitization TrustSecuritization, the Note Holders shall not amend or modify this Agreement without first obtaining may not be modified unless a Rating Agency Confirmation (from each Rating Agency then rating engaged to rate any Certificates of issued in connection with any SecuritizationSecuritization that holds any Note) has been received in connection therewith; provided that no such Rating Agency Confirmation shall be required in connection with a modification (i) to cure any ambiguity, to correct or supplement any provisions herein that may be defective or inconsistent with any other provisions herein or with the Lead Securitization Servicing Agreement, Agreement or (ii) to make other provisions with respect to matters or questions arising under this Agreement, to make which shall not be inconsistent with the provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes pursuant to Section 32)Agreement.

Appears in 1 contract

Samples: Co Lender Agreement (Wells Fargo Commercial Mortgage Trust 2015-C31)

Modifications. This Agreement shall not be modified, cancelled or terminated except by an instrument in writing signed by each Note Holder. Additionally, for as long as any Note is contained in a Securitization Trust, the Note Holders shall not amend or modify this Agreement without first obtaining receiving a Rating Agency Confirmation from each Rating Agency then rating any Certificates of any Securitizationsecurities backed by a Note; provided that no such Rating Agency Confirmation shall be required in connection with a modification or amendment (i) to cure any ambiguity, (ii) to correct or supplement any provisions herein that may be defective or inconsistent with any other 40 provisions herein or with of this Agreement, the Lead Securitization Servicing AgreementAgreement or the final disclosure documents relating to the Lead Securitization, or (iiiii) with respect to matters or questions arising under this Agreement, to make provisions of this Agreement consistent with other provisions of this Agreement (including, without limitation, in connection with the creation of New Notes entered into pursuant to Section 32)31 of this Agreement.

Appears in 1 contract

Samples: Co Lender Agreement (Morgan Stanley Capital I Trust 2019-L3)

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