Common use of No Creation of a Partnership or Exclusive Purchase Right Clause in Contracts

No Creation of a Partnership or Exclusive Purchase Right. Nothing contained in this Agreement, and no action taken pursuant hereto shall be deemed to constitute the Lead Note A Holder (or the Servicer or Trustee on its behalf), the Non-Lead Note A Holders (or any Non-Lead Servicers or Non-Lead Trustees on their behalf) and the Note B Holders as a partnership, association, joint venture or other entity. None of the Holders (or, in the case of any Note A Holder, any Servicer, Trustee, Non-Lead Servicer or Non-Lead Trustee on its behalf) shall have any obligation whatsoever to offer to any other party the opportunity to purchase notes or interests relating to any future loans originated by either party or their respective Affiliates, and if any such party chooses to offer to another party the opportunity to purchase notes or interests in any future mortgage loans originated by it or its Affiliates, such offer shall be at such purchase price and interest rate as the applicable party chooses in its sole and absolute discretion. No Holder shall have any obligation whatsoever to purchase from another Holder any notes or interests in any future loans originated by another Holder or any of its Affiliates.

Appears in 5 contracts

Samples: Intercreditor Agreement (Morgan Stanley Capital I Trust 2019-L3), Intercreditor Agreement (Bank 2019-Bnk24), Intercreditor Agreement (CSAIL 2019-C18 Commercial Mortgage Trust)

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No Creation of a Partnership or Exclusive Purchase Right. Nothing contained in this Agreement, and no action taken pursuant hereto shall be deemed to constitute the Lead Note A Holder (or the Servicer or Trustee on its behalf), the Non-Lead Note A Holders (or the Master Servicer, any Non-Lead Servicers Special Servicer, any Certificate Administrator, an Trust Advisor or Non-Lead Trustees any Trustee on their behalf, if applicable) and the Note B Holders Holder as a partnership, association, joint venture or other entity. None of Except as set forth in Section 9(a) hereof, neither the Note A Holders (or, in or the case of any Note A HolderMaster Servicer, any Special Servicer, Trusteeany Certificate Administrator, Non-Lead Servicer any Trust Advisor or Non-Lead any Trustee on its their behalf, if applicable) nor the Note B Holder shall have any obligation whatsoever to offer to any the other party the opportunity to purchase notes or interests relating to any future loans originated by either party or their respective Affiliates, and if any such either party chooses to offer to another the other party the opportunity to purchase notes or interests in any future mortgage loans originated by it or its Affiliates, such offer shall be at such purchase price and interest rate as the applicable party chooses in its sole and absolute discretion. No The Note B Holder shall have any no obligation whatsoever to purchase from another Holder the Note A Holders any notes or interests in any future loans originated by another Holder the Note A Holders or any of its Affiliates.

Appears in 5 contracts

Samples: Co Lender Agreement (CSAIL 2019-C16 Commercial Mortgage Trust), Co Lender Agreement (Bank 2019-Bnk17), Co Lender Agreement (CSAIL 2019-C17 Commercial Mortgage Trust)

No Creation of a Partnership or Exclusive Purchase Right. Nothing contained in this Agreement, and no action taken pursuant hereto shall be deemed to constitute the Lead Note A A-1 Holder (or nor the Servicer or Trustee on its behalf), the Note A-2 Holder (nor the Non-Lead Note A Holders (or any Non-Lead Servicers Servicer or Non-Lead Trustees Trustee on their its behalf) and the Note B Holders Holder as a partnership, association, joint venture or other entity. None of the Holders (or, in the case of any Note A Holder, nor any Servicer, Trustee, Non-Lead Servicer or Non-Lead Trustee on its behalfbehalf of a Note A Holder) shall have any obligation whatsoever to offer to any other party the opportunity to purchase notes or interests relating to any future loans originated by either party or their respective Affiliates, and if any such party chooses to offer to another party the opportunity to purchase notes or interests in any future mortgage loans originated by it or its Affiliates, such offer shall be at such purchase price and interest rate as the applicable party chooses in its sole and absolute discretion. No Holder shall have any obligation whatsoever to purchase from another either Note A Holder any notes or interests in any future loans originated by another the such Note A Holder or any of its Affiliates.

Appears in 3 contracts

Samples: Intercreditor Agreement (Morgan Stanley Capital I Trust 2019-H7), Intercreditor Agreement (Morgan Stanley Capital I Trust 2019-H6), Intercreditor Agreement (Bank 2019-Bnk17)

No Creation of a Partnership or Exclusive Purchase Right. Nothing contained in this Agreement, and no action taken pursuant hereto shall be deemed to constitute the Lead Note A Holder (or the Servicer or Trustee on its behalf), the Non-Lead Note A Holders (or any Non-Lead Servicers or Non-Lead Trustees on their behalf) and the Note B Holders as a partnership, association, joint venture or other entity. None of entity by or among the Holders (orCollateral Agent, in the case of any Note A HolderCustodian, any the Servicer, Trustee, Non-Lead Servicer or Non-Lead Trustee on the Original Lender and/or any Holder. No Holder shall have any obligation whatsoever to purchase from the Original Lender a mezzanine note or participation interest in any future loans originated by the Original Lender or its behalf) affiliates. No Holder shall have any obligation whatsoever to offer to the Original Lender or any other party Holder the opportunity to purchase notes a mezzanine note or interests relating to participation interest in any future loans originated by either party such Holder or their respective Affiliates, its affiliates and if any such party Holder chooses to offer to another party the Original Lender or any other Holder the opportunity to purchase notes a mezzanine note or interests participation interest in any future mortgage mezzanine loans originated or purchased by it such Holder or its Affiliatesaffiliates, such offer shall be at such purchase price and interest rate as the applicable party chooses such Holder chooses, in its sole and absolute discretion. No Neither the Original Lender nor the other Holder shall have any obligation whatsoever to purchase from another such Holder any notes a mezzanine note or interests participation interest in any future loans originated by another such Holder or any of its Affiliatesaffiliates.

Appears in 2 contracts

Samples: Noteholders’ Agreement (KBS Real Estate Investment Trust, Inc.), Noteholders’ Agreement (KBS Real Estate Investment Trust, Inc.)

No Creation of a Partnership or Exclusive Purchase Right. Nothing contained in this Agreement, and no action taken pursuant hereto shall be deemed to constitute the Lead Note A Holder (or the Servicer Master Servicer, Special Servicer, Certificate Administrator, Trust Advisor or Trustee on its behalf), the Non-Lead Note A Holders (or any Non-Lead Servicers or Non-Lead Trustees on their behalf) and the Note B Holders Holder as a partnership, association, joint venture or other entity. None of the Holders (or, in the case of any the Note A Holder, any the Master Servicer, TrusteeSpecial Servicer, Non-Lead Servicer Certificate Administrator, Trust Advisor or Non-Lead Trustee on its behalf) shall have any obligation whatsoever to offer to any other party the opportunity to purchase notes or interests relating to any future loans originated by either party or their respective Affiliates, and if any such party chooses to offer to another party the opportunity to purchase notes or interests in any future mortgage loans originated by it or its Affiliates, such offer shall be at such purchase price and interest rate as the applicable party chooses in its sole and absolute discretion. No Holder shall have any obligation whatsoever to purchase from another the Note A Holder any notes or interests in any future loans originated by another the Note A Holder or any of its Affiliates.

Appears in 2 contracts

Samples: Intercreditor Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2015-C27), Intercreditor Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2015-C27)

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No Creation of a Partnership or Exclusive Purchase Right. Nothing contained in this Agreement, and no action taken pursuant hereto shall be deemed to constitute the Lead Note A Holder (or the Servicer or Trustee on its behalf), the Non-Lead Note A Holders (or any Non-Lead Servicers or Non-Lead Trustees on their behalf) and the Note B Holders as a partnership, association, joint venture or other entity. None of the Holders (or, in the case of any the Note A Holder, any Servicer, Trustee, Non-Lead the Servicer or Non-Lead Trustee on its behalf) shall have any obligation whatsoever to offer to any other party the opportunity to purchase notes or interests relating to any future loans originated by either party or their respective Affiliates, and if any such party chooses to offer to another party the opportunity to purchase notes or interests in any future mortgage loans originated by it or its Affiliates, such offer shall be at such purchase price and interest rate as the applicable party chooses in its sole and absolute discretion. No Holder shall have any obligation whatsoever to purchase from another Holder any notes or interests in any future loans originated by another Holder or any of its Affiliates.

Appears in 2 contracts

Samples: Intercreditor Agreement (Morgan Stanley Capital I Trust 2019-L2), Intercreditor Agreement (Bank 2019-Bnk17)

No Creation of a Partnership or Exclusive Purchase Right. Nothing contained in this Agreement, and no action taken pursuant hereto shall be deemed to constitute the Lead Note A Holder (or the Servicer or Trustee on its behalf), the Non-Lead Note A Holders (or any Non-Lead Servicers or Non-Lead Trustees on their behalf) and the Note B Holders as a partnership, association, joint venture or other entity. None similar arrangement between the Note A Holder and the Note B Holder, and the Note A Holder (including any Servicer) shall have no fiduciary duties in favor of the Holders (Note B Holder or, except as expressly set forth herein, have any obligations to the Note B Holder; provided, however, the Mortgage Loan must be serviced in accordance with the case Servicing Agreement and the Servicing Standard. No holder of any Note A Holder, any Servicer, Trustee, Non-Lead Servicer or Non-Lead Trustee on its behalf) Note B shall have any obligation whatsoever to offer to any the other party the opportunity to purchase notes or participation interests relating to any future loans originated by either party Note A Holder or their respective Affiliatesits affiliates, or Note B Holder or its affiliates, and if any such party a holder of Note A or Note B chooses to offer to another party the other the opportunity to purchase notes or any participation interests in any future mortgage loans originated by it such holder or its Affiliatesaffiliates, such offer shall be on such terms and at such purchase price and interest rate as the applicable party chooses such holder chooses, in its sole and absolute discretion. No Except as otherwise expressly agreed to by the parties hereto, neither the Note B Holder nor the Note A Holder shall have any obligation whatsoever to purchase from another Holder the other any notes or participation interests in any future loans originated by another Holder such holder or any of its Affiliatesaffiliates.

Appears in 1 contract

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

No Creation of a Partnership or Exclusive Purchase Right. Nothing contained in this Agreement, and no action taken pursuant hereto shall be deemed to constitute the Lead Note A Holder (or the Servicer or Trustee on its behalf), the Non-Lead Note A Holders (or any Non-Lead Servicers or Non-Lead Trustees on their behalf) and the Note B Holders Holder as a partnership, association, joint venture or other entity. None of the Holders (or, in the case of any the Note A Holder, any Servicer, Trustee, Non-Lead the Servicer or Non-Lead Trustee on its behalf) shall have any obligation whatsoever to offer to any other party the opportunity to purchase notes or interests relating to any future loans originated by either party or their respective Affiliates, and if any such party chooses to offer to another party the opportunity to purchase notes or interests in any future mortgage loans originated by it or its Affiliates, such offer shall be at such purchase price and interest rate as the applicable party chooses in its sole and absolute discretion. No Holder shall have any obligation whatsoever to purchase from another the Note A Holder any notes or interests in any future loans originated by another the Note A Holder or any of its Affiliates.

Appears in 1 contract

Samples: Intercreditor Agreement (Citigroup Commercial Mortgage Trust 2017-B1)

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