Common use of No Pledge or Loan Clause in Contracts

No Pledge or Loan. This Agreement shall not be deemed to represent a pledge of any interest in the Mortgage Loan by any Holder to another Holder, or a loan from any Holder to any other Holder. Except as otherwise provided in this Agreement and the Servicing Agreement, no Note B Holder shall have a separate interest in any property taken as security for the Mortgage Loan except by virtue of being a lender under the Loan Agreement; provided, that if any such property or the proceeds thereof shall be applied in respect of payments due under the Mortgage Loan, then each Note B Holder shall be entitled to receive its share of such application in accordance with the terms of this Agreement and/or the Servicing Agreement. The Holders acknowledge and agree that the Mortgage Loan represents a single “claim” under Section 101 of the Bankruptcy Code, and no Note B Holder shall be a separate creditor of the Mortgage Loan Borrower under the Bankruptcy Code, or that if any Note B is construed to represent a single or separate such “claim,” that the Holder of such Note shall be deemed to have assigned such claim to the Note A Holders.

Appears in 5 contracts

Samples: Intercreditor Agreement (UBS Commercial Mortgage Trust 2019-C18), Intercreditor Agreement (Bank 2019-Bnk24), Intercreditor Agreement (CSAIL 2019-C18 Commercial Mortgage Trust)

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No Pledge or Loan. This Agreement shall not be deemed to represent a pledge of any interest in the Mortgage Loan by any Holder to another Holder, or a loan from any Holder to any other Holder. Except as otherwise provided in this Agreement and the Servicing Agreement, no the Note B Holder shall not have a separate interest in any property taken as security for the Mortgage Loan except by virtue of being a lender under the Loan Agreement; provided, however, that if any such property or the proceeds thereof shall be applied in respect of payments due under the Mortgage Loan, then each the Note B Holder shall be entitled to receive its share of such application in accordance with the terms of this Agreement and/or the Servicing Agreement. The Holders acknowledge and agree that the Mortgage Loan represents a single “claim” under Section 101 of the Bankruptcy Code, and no that the Note B Holder shall not be a separate creditor of the Mortgage Loan Borrower under the Bankruptcy Code, or that if any Note B is construed to represent a single or separate such “claim,” that the Note B Holder of such Note shall be deemed to have assigned such claim to the Note A Holders.

Appears in 5 contracts

Samples: Co Lender Agreement (CSAIL 2019-C17 Commercial Mortgage Trust), Co Lender Agreement (CSAIL 2019-C16 Commercial Mortgage Trust), Co Lender Agreement (Bank 2019-Bnk18)

No Pledge or Loan. This Agreement shall not be deemed to represent a pledge of any interest in the Mortgage Loan by any Holder to another Holder, or a loan from any Holder to any other Holder. Except as otherwise provided in this Agreement and the Servicing Agreement, no the Note B Holder Holders shall not have a separate interest in any property taken as security for the Mortgage Loan except by virtue of being a lender under the Loan Agreement; provided, that if any such property or the proceeds thereof shall be applied in respect of payments due under the Mortgage Loan, then each Note B Holder shall be entitled to receive its share of such application in accordance with the terms of this Agreement and/or the Servicing Agreement. The Holders acknowledge and agree that the Mortgage Loan represents a single “claim” under Section 101 of the Bankruptcy Code, and no Note B Holder shall be a separate creditor of the Mortgage Loan Borrower under the Bankruptcy Code, and if Note B-1, Note B-2 or that if any Note B B-3, as applicable, is construed to represent a single or separate such “claim,” that the Holder of such Note shall be deemed to have assigned such claim to the Lead Note A HoldersHolder.

Appears in 4 contracts

Samples: Intercreditor Agreement (Bank 2022-Bnk44), Intercreditor Agreement (Bank 2022-Bnk43), Intercreditor Agreement (Bank 2022-Bnk42)

No Pledge or Loan. This Agreement shall not be deemed to represent a pledge of any interest in the Mortgage Loan by any Holder to another Holder, or a loan from any Holder to any other Holder. Except as otherwise provided in this Agreement and the Servicing Agreement, no the Note B Holder shall not have a separate interest in any property taken as security for the Mortgage Loan except by virtue of being a lender under the Loan Agreement; provided, that if any such property or the proceeds thereof shall be applied in respect of payments due under the Mortgage Loan, then each the Note B Holder shall be entitled to receive its share of such application in accordance with the terms of this Agreement and/or the Servicing Agreement. The Holders acknowledge and agree that the Mortgage Loan represents a single “claim” under Section 101 of the Bankruptcy Code, and no the Note B Holder shall not be a separate creditor of the Mortgage Loan Borrower under the Bankruptcy Code, or that if any Note B is construed to represent a single or separate such “claim,” that the Holder of such Note shall be deemed to have assigned such claim to the Note A Holders.

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 Pledge or Loan. This Agreement shall not be deemed to represent a pledge of any interest in the Mortgage Loan by any Holder to another Holder, or a loan from any Holder to any other Holder. Except as otherwise provided in this Agreement and the Servicing Agreement, no the Note B Holder Holders shall not have a separate interest in any property taken as security for the Mortgage Loan except by virtue of being a lender under the Loan Agreement; provided, that if any such property or the proceeds thereof shall be applied in respect of payments due under the Mortgage Loan, then each Note B Holder shall be entitled to receive its share of such application in accordance with the terms of this Agreement and/or the Servicing Agreement. The Holders acknowledge and agree that the Mortgage Loan represents a single “claim” under Section 101 of the Bankruptcy Code, and no Note B Holder shall be a separate creditor of the Mortgage Loan Borrower under the Bankruptcy Code, or that if any Note B B-1, Note B-2 or Note B-3, as applicable, is construed to represent a single or separate such “claim,” that the Holder of such Note shall be deemed to have assigned such claim to the Note A HoldersHolder.

Appears in 3 contracts

Samples: Intercreditor Agreement (Bank 2021-Bnk32), Intercreditor Agreement (Bank 2021-Bnk31), Intercreditor Agreement (Bank 2020-Bnk30)

No Pledge or Loan. This Agreement shall not be deemed to represent a pledge of any interest in the Mortgage Loan by any Holder to another Holder, or a loan from any Holder to any other Holder. Except as otherwise provided in this Agreement and the Servicing Agreement, no Note B Holder shall have a separate interest in any property taken as security for the Mortgage Loan except by virtue of being a lender under the Loan Agreement; provided, that if any such property or the proceeds thereof shall be applied in respect of payments due under the Mortgage Loan, then each Note B Holder shall be entitled to receive its share of such application in accordance with the terms of this Agreement and/or the Servicing Agreement. The Holders acknowledge and agree that the Mortgage Loan represents a single “claim” under Section 101 of the Bankruptcy Code, and no Note B Holder shall be a separate creditor of the Mortgage Loan Borrower under the Bankruptcy Code, or that if any Note B B-1, Note B-2, Note B-3, Note B-4, Note B-5 or Note B-6, as applicable, is construed to represent a single or separate such “claim,” that the Holder of such Note shall be deemed to have assigned such claim to the Lead Note A HoldersHolder.

Appears in 2 contracts

Samples: Co Lender Agreement (Morgan Stanley Capital I Trust 2021-L6), Co Lender Agreement (Bank 2021-Bnk34)

No Pledge or Loan. This Agreement shall not be deemed to represent a pledge of any interest in the Mortgage Loan by any Holder to another Holder, or a loan from any Holder to any other Holder. Except as otherwise provided in this Agreement and the Servicing Agreement, no the Note B Holder shall not have a separate interest in any property taken as security for the Mortgage Loan except by virtue of being a lender under the Loan Agreement; provided, that if any such property or the proceeds thereof shall be applied in respect of payments due under the Mortgage Loan, then each the Note B Holder shall be entitled to receive its share of such application in accordance with the terms of this Agreement and/or the Servicing Agreement. The Holders acknowledge and agree that the Mortgage Loan represents a single “claim” under Section 101 of the Bankruptcy Code, and no the Note B Holder shall not be a separate creditor of the Mortgage Loan Borrower under the Bankruptcy Code, or that if any Note B is construed to represent a single or separate such “claim,” that the Holder of such Note shall be deemed to have assigned such claim to the Note A HoldersHolder.

Appears in 2 contracts

Samples: Intercreditor Agreement (Bank 2021-Bnk36), Intercreditor Agreement (Bank 2019-Bnk20)

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No Pledge or Loan. This Agreement shall not be deemed to represent a pledge of any interest in the Mortgage Loan by any Holder to another Holder, or a loan from any Holder to any other Holder. Except as otherwise provided in this Agreement and the Servicing Agreement, no the Note B Holder Holders shall not have a separate interest in any property taken as security for the Mortgage Loan except by virtue of being a lender under the Loan Agreement; provided, that if any such property or the proceeds thereof shall be applied in respect of payments due under the Mortgage Loan, then each Note B Holder shall be entitled to receive its share of such application in accordance with the terms of this Agreement and/or the Servicing Agreement. The Holders acknowledge and agree that the Mortgage Loan represents a single “claim” under Section 101 of the Bankruptcy Code, and no Note B Holder shall be a separate creditor of the Mortgage Loan Borrower under the Bankruptcy Code, or that if any Note B B-1 or Note B-2, as applicable, is construed to represent a single or separate such “claim,” that the Holder of such Note shall be deemed to have assigned such claim to the Note A HoldersHolder.

Appears in 2 contracts

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

No Pledge or Loan. This Agreement shall not be deemed to represent a pledge of any interest in the Mortgage Loan by any Holder to another Holder, or a loan from any Holder to any other Holder. Except as otherwise provided in this Agreement and the Servicing Agreement, no the Note B Holder shall not have a separate interest in any property taken as security for the Mortgage Loan except by virtue of being a lender under the Loan Agreement; provided, that if any such property or the proceeds thereof shall be applied in respect of payments due under the Mortgage Loan, then each the Note B Holder shall be entitled to receive its share of such application in accordance with the terms of this Agreement and/or the Servicing Agreement. The Holders acknowledge and agree that the Mortgage Loan represents a single “claim” under Section 101 of the Bankruptcy Code, and no the Note B Holder shall not be a separate creditor of the Mortgage Loan Borrower under the Bankruptcy Code, or that if any Note B is construed to represent a single or separate such “claim,” that the Holder of such Note shall be deemed to have assigned such claim to the Note A HoldersHolder.

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)

No Pledge or Loan. This Agreement shall not be deemed to represent a pledge of any interest in the Mortgage Loan by any Holder to another Holder, or a loan from any Holder to any other Holder. Except as otherwise provided in this Agreement and the Servicing Agreement, no the Note B Holder shall not have a separate interest in any property taken as security for the Mortgage Loan except by virtue of being a lender under the Loan Agreement; provided, that if any such property or the proceeds thereof shall be applied in respect of payments due under the Mortgage Loan, then each the Note B Holder shall be entitled to receive its share of such application in accordance with the terms of this Agreement and/or the Servicing Agreement. The Holders acknowledge and agree that the Mortgage Loan represents a single “claim” under Section 101 of the Bankruptcy Code, and no the Note B Holder shall not be a separate creditor of the any Mortgage Loan Borrower under the Bankruptcy Code, or that if any Note B is construed to represent a single or separate such “claim,” that the Holder of such Note shall be deemed to have assigned such claim to the Note A HoldersHolder.

Appears in 1 contract

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

No Pledge or Loan. This Agreement shall not be deemed to represent a pledge of any interest in the Mortgage Loan by any Holder to another Holder, or a loan from any Holder to any other Holder. Except as otherwise provided in this Agreement and the Servicing Agreement, no the Note B Holder Holders shall not have a separate interest in any property taken as security for the Mortgage Loan except by virtue of being a lender under the Loan Agreement; provided, that if any such property or the proceeds thereof shall be applied in respect of payments due under the Mortgage Loan, then each Note B Holder shall be entitled to receive its share of such application in accordance with the terms of this Agreement and/or the Servicing Agreement. The Holders acknowledge and agree that the Mortgage Loan represents a single “claim” under Section 101 of the Bankruptcy Code, and no Note B Holder shall be a separate creditor of the Mortgage Loan Borrower under the Bankruptcy Code, or that if any Note B is construed to represent a single or separate such “claim,” that the Holder of such Note shall be deemed to have assigned such claim to the Note A HoldersHolder.

Appears in 1 contract

Samples: Agreement Between Noteholders (Bank 2019-Bnk20)

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