Common use of P&I Advances Clause in Contracts

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 16 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-C10), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2012-Cibx), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2013-C12)

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P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date. Notwithstanding the foregoing, the portion of any P&I Advance equal to the CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans shall not be remitted to the Certificate Administrator for deposit into the Lower Tier REMIC Distribution Account, but shall be deposited into the Certificate Account for payment to CREFC® on such Distribution Date.

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2013-C14), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2013-C13), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C18)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit from its own funds into the Lower-Tier REMIC Distribution Account from its own funds Account, an amount equal to the aggregate amount of P&I Advances, if any, with respect to the Mortgage Loans to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date. Notwithstanding the foregoing, the portion of any P&I Advance equal to the CREFC® Intellectual Property Royalty License Fee shall not be remitted to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account but shall be deposited into the Collection Account for payment to CREFC® on such Distribution Date. If the Master Servicer or the Trustee makes a P&I Advance with respect to any Mortgage Loan that is part of a Whole Loan with a related Serviced Companion Loan, then it shall provide to the related other master servicer and Other Trustee under the Other Pooling and Servicing Agreement written notice of the amount of such P&I Advance with respect to such Mortgage Loan within two (2) Business Days of making such P&I Advance. If the Master Servicer or the Trustee makes a P&I Advance with respect to a Non-Serviced Mortgage Loan, then it shall provide to the related Non-Serviced Master Servicer and Non-Serviced Trustee written notice of the amount of such P&I Advance within two (2) Business Days of making such P&I Advance.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (GS Mortgage Securities Trust 2017-Gs6), Pooling and Servicing Agreement (UBS Commercial Mortgage Trust 2017-C1), Pooling and Servicing Agreement (GS Mortgage Securities Trust 2017-Gs7)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the each Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by such Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, such Master Servicer's Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by such Master Servicer; provided, that the Master Servicer shall give preference to amounts in clause (ii) of this sentence for purposes of making P&I Advances. Any amounts held in the Certificate either Master Servicer's Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the such Master Servicer’s 's records and replaced by the such Master Servicer by deposit in the Certificate its Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, either Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to such Master Servicer by facsimile transmission as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee and the Fiscal Agent (but in any event before 10:00 a.m. (New York City time) and the Trustee (or the Fiscal Agent on its behalf) shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by such Master Servicer shall have cured such failure (and provided written notice of such cure with respect to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such related Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2004-Pwr6), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2005-Pwr9)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit from its own funds into the Lower-Tier REMIC Distribution Account from its own funds Account, an amount equal to the aggregate amount of P&I Advances, if any, with respect to the Mortgage Loans to be made in respect of the related Distribution Date, Date or (ii) apply amounts held in the Certificate Collection Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances with respect to the Mortgage Loans, or (iii) make P&I Advances in the form of any combination of clauses (i) and (ii) ), aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances with respect to the Mortgage Loans shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances with respect to the Mortgage Loans for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances with respect to the Mortgage Loans for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related Master Servicer Remittance Date. Notwithstanding the foregoing, the portion of any P&I Advance equal to the CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans shall not be remitted to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account but shall be deposited into the Collection Account for payment to CREFC® on such Distribution Date. If the Master Servicer or the Trustee make a P&I Advance with respect to any Mortgage Loan that is part of a Whole Loan, then it shall provide written notice to the related Other Servicer, Other Trustee, Non-Serviced Master Servicer, Non-Serviced Special Servicer or Non-Serviced Trustee, as applicable, of the amount of such P&I Advance with respect to such Mortgage Loan within two Business Days of making such P&I Advance.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (CCUBS Commercial Mortgage Trust 2017-C1), Pooling and Servicing Agreement (Bank 2017-Bnk8), Pooling and Servicing Agreement (UBS Commercial Mortgage Trust 2017-C5)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have cured made any P&I Advance required to be made on such failure date pursuant to this Section 4.03(a) (and provided written shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such cure failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (____) ____-______ (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (____) ___-____ (or such alternative number provided by the Certificate AdministratorMaster Servicer to the Trustee in writing) by 11:00 a.m.as soon as possible, but in any event before 3:00 p.m., New York City time, on such Distribution Master Servicer Remittance Date. In the event that the Master Servicer fails to make a required P&I Advance hereunderIf, after such notice, the Certificate Administrator shall notify Trustee does not receive the Trustee full amount of such circumstances P&I Advances by 4:30 p.m., the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the related P&I Advance Datepart of the Master Servicer.

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc), Pooling and Servicing Agreement (Nationslink Funding Corp)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by the Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the Master Servicer. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the Master Servicer by facsimile transmission (at facsimile number: (000) 000-0000) and by telephone (at (000) 000-0000) as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by the Master Servicer shall have cured such failure (and provided written notice of such cure with respect to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such related Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C6), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2011-C5), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2011-C5)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the applicable Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I AdvancesAdvances with respect to Mortgage Loans and successor REO Mortgage Loans serviced by such Master Servicer, if any, to be made by the applicable Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the applicable Master Servicer; provided, however, that to the extent that amounts on deposit in the Collection Account were insufficient to pay the CREFC® License Fee on the related Master Servicer Remittance Date, the related Master Servicer shall apply any P&I Advances required to be made by it on such P&I Advance Date pursuant to this Section 4.03 to pay the balance of such CREFC® License Fee. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer’s records and replaced by the applicable Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the applicable Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c) below) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the applicable Master Servicer by facsimile transmission (with respect to the General Master Servicer, at facsimile number: (000) 000-0000, and with respect to the NCB Master Servicer, at (000) 000-0000) and by telephone (with respect to the General Master Servicer, at (000) 000-0000, and with respect to the NCB Master Servicer, at (000) 000-0000) and, in the case of the NCB Master Servicer, by email (at WXXXX0000X00@xxx.xxx) as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by the applicable Master Servicer with respect to the related Distribution Date. With respect to any Mortgage Loan that is part of a Serviced Loan Combination, the applicable Master Servicer or Trustee, as applicable, shall have cured such failure (provide the Other Master Servicer and provided the Other Trustee under the Other Securitization with written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required any P&I Advance hereunder, the Certificate Administrator shall notify the Trustee relating to such Mortgage Loan within two (2) Business Days of making such circumstances by 4:30 p.m., New York City time, on the related P&I Advance DateAdvance.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2014-Lc16), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2014-C20), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2014-C23)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an 319 amount equal to the aggregate amount of P&I AdvancesAdvances with respect to Mortgage Loans and successor REO Mortgage Loans, if any, to be made by the Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the Master Servicer; provided, however, that to the extent that amounts on deposit in the Collection Account were insufficient to pay the CREFC® License Fee on the related Master Servicer Remittance Date, the Master Servicer shall apply any P&I Advances required to be made by it on such P&I Advance Date pursuant to this Section 4.03 to pay the balance of such CREFC® License Fee. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c) below) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the Master Servicer by facsimile transmission at (000) 000-0000 and by telephone at (000) 000-0000 as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by the Master Servicer with respect to the related Distribution Date. With respect to any Mortgage Loan that is part of a Serviced Loan Combination, the Master Servicer or Trustee, as applicable, shall have cured such failure (provide the Other Master Servicer and provided the Other Trustee under the Other Securitization with written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required any P&I Advance hereunder, the Certificate Administrator shall notify the Trustee relating to such Mortgage Loan within two (2) Business Days of making such circumstances by 4:30 p.m., New York City time, on the related P&I Advance DateAdvance.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2015-Lc20), Pooling and Servicing Agreement (COMM 2015-Lc19 Mortgage Trust), Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2015-C29)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the applicable Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I AdvancesAdvances with respect to Mortgage Loans and successor REO Mortgage Loans serviced by such Master Servicer, if any, to be made by the applicable Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the applicable Master Servicer; provided, however, that to the extent that amounts on deposit in the Collection Account were insufficient to pay the CREFC® License Fee on the related Master Servicer Remittance Date, the related Master Servicer shall apply any P&I Advances required to be made by it on such P&I Advance Date pursuant to this Section 4.03 to pay the balance of such CREFC® License Fee. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer’s records and replaced by the applicable Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the applicable Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the applicable Master Servicer by facsimile transmission (with respect to the General Master Servicer, at facsimile number: (000) 000-0000, and with respect to the NCB Master Servicer, at (000) 000-0000) and by telephone (with respect to the General Master Servicer, at (000) 000-0000, and with respect to the NCB Master Servicer, at (000) 000-0000) and, in the case of the NCB Master Servicer, by email (at XXXXX0000X00@xxx.xxx) as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by the applicable Master Servicer with respect to the related Distribution Date. With respect to any Mortgage Loan that is part of a Serviced Loan Combination, the applicable Master Servicer or Trustee, as applicable, shall have cured such failure (provide the Other Master Servicer and provided the Other Trustee under the Other Securitization with written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required any P&I Advance hereunder, the Certificate Administrator shall notify the Trustee relating to such Mortgage Loan within two (2) Business Days of making such circumstances by 4:30 p.m., New York City time, on the related P&I Advance DateAdvance.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2013-C18), Pooling and Servicing Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2014-C15), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2014-Lc14)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date. Notwithstanding the foregoing, the portion of any P&I Advance equal to the CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans shall not be remitted to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account, but shall be deposited into the Certificate Account for payment to CREFC® on such Distribution Date.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C19), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C22), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C21)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the each Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by such Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, such Master Servicer's Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by such Master Servicer; provided, that the Master Servicer shall give preference to amounts in clause (ii) of this sentence for purposes of making P&I Advances. Any amounts held in the Certificate either Master Servicer's Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the such Master Servicer’s 's records and replaced by the such Master Servicer by deposit in the Certificate its Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, either Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to such Master Servicer by facsimile transmission as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by such Master Servicer shall have cured such failure (and provided written notice of such cure with respect to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such related Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr18), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2006-Pwr11), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2006-Pwr14)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the applicable Master Servicer shall either (i) remit to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the its Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the applicable Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer’s 's records and replaced by the such Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Each Master Servicer shall notify the Certificate Administrator Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 2 Business Days prior to such Distribution Date. If the any Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, in each case unless the such Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorPaying Agent) by 11:00 a.m., New York City time, a.m. on such Distribution Date. In the event that the any Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator Paying Agent shall notify the Trustee of such circumstances by 4:30 p.m., p.m. (New York City time, ) on the related P&I Advance Date.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp Series 2005-Ldp4), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-Ldp7), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-Ldp9)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the applicable Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I AdvancesAdvances with respect to Mortgage Loans and successor REO Mortgage Loans serviced by such Master Servicer, if any, to be made by the applicable Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the applicable Master Servicer; provided, however, that to the extent that amounts on deposit in the Collection Account were insufficient to pay the CREFC® License Fee on the related Master Servicer Remittance Date, the related Master Servicer shall apply any P&I Advances required to be made by it on such P&I Advance Date pursuant to this Section 4.03 to pay the balance of such CREFC® License Fee. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer’s records and replaced by the applicable Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the applicable Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c) below) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the applicable Master Servicer by facsimile transmission (with respect to the General Master Servicer, at facsimile number: (000) 000-0000, and with respect to the NCB Master Servicer, at (000) 000-0000) and by telephone (with respect to the General Master Servicer, at (000) 000-0000, and with respect to the NCB Master Servicer, at (000) 000-0000) and, in the case of the NCB Master Servicer, by email (at WXXX0000XX00@xxx.xxx) as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by the applicable Master Servicer with respect to the related Distribution Date. With respect to any Mortgage Loan that is part of a Serviced Loan Combination, the applicable Master Servicer or Trustee, as applicable, shall have cured such failure (provide the Other Master Servicer and provided the Other Trustee under the Other Securitization with written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required any P&I Advance hereunder, the Certificate Administrator shall notify the Trustee relating to such Mortgage Loan within two (2) Business Days of making such circumstances by 4:30 p.m., New York City time, on the related P&I Advance DateAdvance.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2015-C27), Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2015-C26), Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2014-Lc18)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, in each case unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorPaying Agent) by 11:00 a.m., New York City time, a.m. on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator Paying Agent shall notify the Trustee of such circumstances by 4:30 p.m., p.m. (New York City time, ) on the related P&I Advance Date.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp), Pooling and Servicing Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp), Pooling and Servicing Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I AdvancesAdvances with respect to Mortgage Loans and successor REO Mortgage Loans, if any, to be made by the Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the Master Servicer; provided, however, that to the extent that amounts on deposit in the Collection Account were insufficient to pay the CREFC® License Fee on the related Master Servicer Remittance Date, the Master Servicer shall apply any P&I Advances required to be made by it on such P&I Advance Date pursuant to this Section 4.03 to pay the balance of such CREFC® License Fee. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c) below) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the Master Servicer by facsimile transmission at (000) 000-0000 and by telephone at (000) 000-0000 as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by the Master Servicer with respect to the related Distribution Date. 318 With respect to any Mortgage Loan that is part of a Serviced Loan Combination, the Master Servicer or Trustee, as applicable, shall have cured such failure (provide the Other Master Servicer and provided the Other Trustee under the Other Securitization with written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required any P&I Advance hereunder, the Certificate Administrator shall notify the Trustee relating to such Mortgage Loan within two (2) Business Days of making such circumstances by 4:30 p.m., New York City time, on the related P&I Advance DateAdvance.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2015-C29), Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2015-C28), Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2015-Nxs1)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator Trustee for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the its Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the applicable Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Trustee of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, in each case unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorTrustee) by 11:00 a.m., a.m. (New York City time, Time) on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Ldp11), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Ldp12), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Ldp11)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the applicable Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I AdvancesAdvances with respect to Mortgage Loans and successor REO Mortgage Loans serviced by such Master Servicer, if any, to be made by the applicable Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the applicable Master Servicer; provided, however, that to the extent that amounts on deposit in the Collection Account were insufficient to pay the CREFC® License Fee on the related Master Servicer Remittance Date, the related Master Servicer shall apply any P&I Advances required to be made by it on such P&I Advance Date pursuant to this Section 4.03 to pay the balance of such CREFC® License Fee. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer’s records and replaced by the applicable Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the applicable Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the applicable Master Servicer by facsimile transmission (with respect to the General Master Servicer, at facsimile number: (000) 000-0000, and with respect to the NCB Master Servicer, at (000) 000-0000) and by telephone (with respect to the General Master Servicer, at (000) 000-0000, and with respect to the NCB Master Servicer, at (000) 000-0000) and, in the case of the NCB Master Servicer, by email (at WXXXX0000X00@xxx.xxx) as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by the applicable Master Servicer with respect to the related Distribution Date. With respect to any Mortgage Loan that is part of a Serviced Loan Combination, the applicable Master Servicer or Trustee, as applicable, shall have cured such failure (provide the Other Master Servicer and provided the Other Trustee under the Other Securitization with written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required any P&I Advance hereunder, the Certificate Administrator shall notify the Trustee relating to such Mortgage Loan within two (2) Business Days of making such circumstances by 4:30 p.m., New York City time, on the related P&I Advance DateAdvance.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2013-C16), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2013-C16), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2013-C18)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds into (x) the Lower Tier REMIC Distribution Account, an amount equal to the aggregate amount of P&I Advances, if any, with respect to the Mortgage Loans to be made in respect of the related Distribution Date, and (y) the U-Haul Self Storage Pool 5 REMIC Distribution Account, an amount equal to the amount of P&I Advances, if any, with respect to the Trust Pari Passu Companion Loan to be made in respect of the related Distribution Date, (iiii)(x) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances with respect to the Mortgage Loans, and (y) apply amounts held in the Certificate Account, for future distribution to the Holders of the Class UH5 Certificates in subsequent months in discharge of any such obligation to make P&I Advances with respect to the Trust Pari Passu Companion Loan, or (iii) make P&I Advances in the form of any combination of clauses (ii)(x) and (iiii)(x) or clauses (i)(y) and (ii)(y), as applicable, aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances with respect to the Mortgage Loans or the Trust Pari Passu Companion Loan, as applicable, shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances (x) with respect to the Mortgage Loans, and (y) with respect to the Trust Pari Passu Companion Loan, for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances (x) with respect to the Mortgage Loans and (y) with respect to the Trust Pari Passu Companion Loan, for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. The Master Servicer or Trustee, as applicable, shall notify each of the Non-Serviced Master Servicer, the Non-Serviced Special Servicer and the Non-Serviced Trustee related to the Canyon Ranch Portfolio Mortgage Loan within two (2) Business Days of making a P&I Advance with respect to the Canyon Ranch Portfolio Mortgage Loan. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date. Notwithstanding the foregoing, the portion of any P&I Advance equal to the CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans or the Trust Pari Passu Companion Loan, as applicable, shall not be remitted to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account or U-Haul Self Storage Pool 5 REMIC Distribution Account, as applicable, but shall be deposited into the Certificate Account for payment to CREFC® on such Distribution Date.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C23), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C25), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C24)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, in each case unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorPaying Agent) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp Series 2005-Ldp3), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Corp. Commercial Mortgage Pass-Through Certificates, Series 2004-C3), Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp Series 2005-Ldp3)

P&I Advances. (a) On or before 4:00 2:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall make provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance pursuant to Section 7.05 Date. If the Trustee does not receive the full amount of such P&I Advances by noon10:00 a.m., New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure then, subject to Section 4.03(c), (and provided written notice of such cure to i) the Trustee and the Certificate Administrator) by shall, no later than 11:00 a.m., New York City time, on such related Distribution Date. In Date make the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of on such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (First Union Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Commercial Mortgage Pass Through Certiticates Series 1999 C2), Pooling and Servicing Agreement (First Union Commercial Mortgage Pass THR Cer Ser 2001-C3)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by the Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the Master Servicer. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the Master Servicer by facsimile transmission (at facsimile number: (000) 000-0000) and by telephone (at (000) 000-0000) as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by the Master Servicer with respect to the related Distribution Date. With respect to any Mortgage Loan that is part of a Loan Combination, the Master Servicer or Trustee, as applicable, shall have cured such failure (provide the master servicer and provided the trustee under the Other Securitization with written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required any P&I Advance hereunder, the Certificate Administrator shall notify the Trustee relating to such Mortgage Loan within two (2) Business Days of making such circumstances by 4:30 p.m., New York City time, on the related P&I Advance DateAdvance.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C7), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C7), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C8)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account (or the Centreville Square REMIC Distribution Account, with respect to any amounts allocable to the Componentized Mortgage Loan) from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date. Notwithstanding the foregoing, the portion of any P&I Advance equal to the CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans shall not be remitted to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account, but shall be deposited into the Certificate Account for payment to CREFC® on such Distribution Date.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C19), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2014-C20), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C19)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each In the event the Servicer fails to make any P&I Advance Daterequired to be made by it under the Servicing Agreement, then the Master Servicer (in the Master Servicer's capacity as successor Servicer, or in the Master Servicer's capacity as Master Servicer hereunder if such Servicer shall either not have been terminated and succeeded to under such Servicing Agreement) or any other successor Servicer shall be required to make such P&I Advance on the Distribution Date with respect to which the Servicer was required to make such Advance, subject to the Master Servicer's (or such successor Servicer's) determination of recoverability. The Master Servicer (or other successor Servicer) shall not be required to make any P&I Advance to cover any Relief Act Shortfall on any Mortgage Loan. If the Master Servicer (or other successor Servicer) is required to make any P&I Advances, such advances may be made by it (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal or (ii) from the Custodial Account or Master Servicer Collection Account, to the aggregate amount extent of P&I Advancesfunds held therein for future distribution (in which case, if any, it will cause to be made an appropriate entry in respect the records of the related Distribution DateCustodial Account or Master Servicer Collection Account, (ii) apply as applicable, that amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months have been, as permitted by this Section 4.03, used by the Master Servicer (or other successor Servicer) in discharge of any such obligation to make P&I Advances Advance) or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the Master Servicer (or other successor Servicer) with respect to the Mortgage Loans and REO Properties. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's (or other successor Servicer's) records and replaced by the Master Servicer (or other successor Servicer) by deposit in the Certificate Custodial Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution DateCollection Account, as applicable, on or before two any future Servicer Remittance Date to the extent that the Available Distribution Amount for the related Distribution Date (2determined without regard to P&I Advances to be made on such Servicer Remittance Date) Business Days prior shall be less than the total amount that would be distributed to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance Classes of Certificateholders pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, 4.01 on such Distribution Date. In the event that the Master Servicer fails Date if such amounts held for future distributions had not been so used to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance DateAdvances.

Appears in 2 contracts

Samples: Assignment, Assumption and Recognition Agreement (Citigroup Mortgage Loan Trust Series 2004-Hyb2), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc Series 2004-Hyb3)

P&I Advances. (a) On or before 4:00 1:30 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer’s Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall make provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at (000) 000-0000 or (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance pursuant to Section 7.05 Date. If the Trustee does not receive the full amount of such P&I Advances by noon10:00 a.m., New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure then, subject to Section 4.03(c), (and provided written notice of such cure to i) the Trustee and the Certificate Administrator) by shall, no later than 11:00 a.m., New York City time, on such related Distribution Date. In Date make the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of on such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 2 contracts

Samples: Intercreditor Agreement (Wachovia Bank Commercial Mortgage Trust Series 2007-C31), Distribution Instructions (Wachovia Bank Commercial Mortgage Trust Series 2007-C31)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorPaying Agent) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator Paying Agent shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2011-C5), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2011-C5)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have cured made any P&I Advance required to be made on such failure date pursuant to this Section 4.03(a) (and provided written shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such cure failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (816) 435-2327 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (000) 000-0000 (or such alternative number provided by the Certificate AdministratorMaster Servicer to the Trustee in writing) by 11:00 a.m.as soon as possible, but in any event before 3:00 p.m., New York City time, on such Distribution Master Servicer Remittance Date. In the event that the Master Servicer fails to make a required P&I Advance hereunderIf, after such notice, the Certificate Administrator shall notify Trustee does not receive the Trustee full amount of such circumstances P&I Advances by 4:30 p.m., the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make, by 10:00 a.m. on the related Distribution Date or in any event by such time as shall be required in order to make the required distribution on such Distribution Date, the portion of such P&I Advance DateAdvances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Nationslink Funding Corp Comm Mort Pass THR Cert Ser 1998-2), Pooling and Servicing Agreement (Nationslink Funding Corp Comm Mort Pass THR Cert Ser 1998-2)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I AdvancesAdvances with respect to Mortgage Loans and successor REO Mortgage Loans, if any, to be made by the Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the Master Servicer; provided, however, that to the extent that amounts on deposit in the Collection Account were insufficient to pay the CREFC® License Fee on the related Master Servicer Remittance Date, the Master Servicer shall apply any P&I Advances required to be made by it on such P&I Advance Date pursuant to this Section 4.03 to pay the balance of such CREFC® License Fee. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c) below) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the Master Servicer by facsimile transmission at facsimile number: (000) 000-0000 and by telephone at (000) 000-0000 as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by the Master Servicer with respect to the related Distribution Date. With respect to any Mortgage Loan that is part of a Serviced Loan Combination, the Master Servicer or Trustee, as applicable, shall have cured such failure (provide the Other Master Servicer and provided the Other Trustee under the Other Securitization with written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required any P&I Advance hereunder, the Certificate Administrator shall notify the Trustee relating to such Mortgage Loan within two (2) Business Days of making such circumstances by 4:30 p.m., New York City time, on the related P&I Advance DateAdvance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2015-C27), Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2015-Nxs1)

P&I Advances. (a) On or before 4:00 1:30 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall make provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy (704) 715-0036 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at (704) 593-7836 or (704) 593-7867 (or such alternative number provided xx xxx Xxxxxx Serxxxxx xx xxx Xrustee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance pursuant to Section 7.05 Date. If the Trustee does not receive the full amount of such P&I Advances by noon10:00 a.m., New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure then, subject to Section 4.03(c), (and provided written notice of such cure to i) the Trustee and or the Certificate Administrator) by Fiscal Agent shall, no later than 11:00 a.m., New York City time, on such related Distribution Date. In Date make the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply. If the Trustee fails to make a required any such P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related Distribution Date, but the Fiscal Agent makes such P&I Advance Dateon such date, then such failure of the Trustee shall be deemed to be cured.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2005-C20), Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2005-C18)

P&I Advances. (a) On or before 4:00 12:30 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Trustee and the Fiscal Agent by a certificate of the Servicing Officer of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 3 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 12:30 p.m., New York City time, on any P&I Advance Date, an Event of Default as set forth in clause (a)(i) of Section 7.01 shall occur and the Trustee shall make such P&I Advance pursuant to Section 7.05, and if the Trustee fails to make such P&I Advance by the close of business, New York City time, on such P&I Advance Date, the Fiscal Agent shall make such P&I Advance pursuant to Section 7.05 by noon10:00 a.m., New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Dateimmediately succeeding Business Day. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator Paying Agent shall notify the Trustee and the Fiscal Agent of such circumstances by 4:30 p.m., 1:00 p.m. (New York City time, ) on the related P&I Advance Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Chase Commercial Mortgage Securities Corp), Pooling and Servicing Agreement (Chase Commercial Mortgage Securities Corp)

P&I Advances. (a) On or before 4:00 12:30 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Trustee by a certificate of the Servicing Officer of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 3 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 12:30 p.m., New York City time, on any P&I Advance Date, an Event of Default as set forth in clause (a)(i) of Section 7.01 shall occur and the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon10:00 a.m., New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Dateimmediately succeeding Business Day. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator Paying Agent shall notify the Trustee of such circumstances by 4:30 p.m., 1:00 p.m. (New York City time, ) on the related P&I Advance Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Chase Commercial Mortgage Securities Corp), Pooling and Servicing Agreement (Chase Commercial Mortgage Securities Corp)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I AdvancesAdvances with respect to Mortgage Loans and successor REO Mortgage Loans serviced by the Master Servicer, if any, to be made by the Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the Master Servicer; provided, however, that to the extent that amounts on deposit in the Collection Account were insufficient to pay the CREFC® License Fee on the related Master Servicer Remittance Date, the Master Servicer shall apply any P&I Advances required to be made by it on such P&I Advance Date pursuant to this Section 4.03 to pay the balance of such CREFC® License Fee. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c) below) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the Master Servicer by facsimile transmission at facsimile number: (000) 000-0000 and by telephone at (000) 000-0000 as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by the Master Servicer with respect to the related Distribution Date. With respect to any Mortgage Loan that is part of a Serviced Loan Combination, the Master Servicer or Trustee, as applicable, shall have cured such failure (provide the Other Master Servicer and provided the Other Trustee under the Other Securitization with written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required any P&I Advance hereunder, the Certificate Administrator shall notify the Trustee relating to such Mortgage Loan within two (2) Business Days of making such circumstances by 4:30 p.m., New York City time, on the related P&I Advance DateAdvance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2014-Lc16), Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2014-Lc16)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Date, Master Servicer Remittance Date the Master Servicer shall shall, subject to Section 3.04(c), either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Collection Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have cured made any P&I Advance required to be made on such failure date pursuant to this Section 4.03(a) (and provided written shall not have delivered to the Trustee (i) the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance or (ii) the requisite notice contemplated by Section 3.04(c)), then the Trustee shall provide notice of such cure failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (000) 000-0000 (or such alternative number provided by the Certificate AdministratorMaster Servicer to the Trustee in writing) by 11:00 a.m.as soon as possible, but in any event before 3:00 p.m., New York City time, on such Distribution Master Servicer Remittance Date. In the event that the Master Servicer fails to make a required P&I Advance hereunderIf, after such notice, the Certificate Administrator shall notify Trustee does not receive the Trustee full amount of such circumstances P&I Advances by 4:30 p.m., 9:00 a.m. (New York City time, ) on the related Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance Dateif made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Mortgage Capital Funding Inc), Pooling and Servicing Agreement (Mortgage Capital Funding Inc)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the applicable Master Servicer shall either (i) remit to the Certificate Administrator Trustee for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the its Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the applicable Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer’s 's records and replaced by the such Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Each Master Servicer shall notify the Certificate Administrator Trustee of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 2 Business Days prior to such Distribution Date. If the any Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, in each case unless the such Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorTrustee) by 11:00 a.m., New York City time, a.m. on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp. Series 2005-Ldp5), Pooling and Servicing Agreement (JPMorgan Chase Commercial Mortgage Securities Corp. Series 2005-Ldp5)

P&I Advances. (a) On or before 4:00 12:30 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating 105 the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Trustee and the Fiscal Agent by a certificate of the Servicing Officer of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 3 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 12:30 p.m., New York City time, on any P&I Advance Date, an Event of Default as set forth in clause (a)(i) of Section 7.01 shall occur and the Trustee shall make such P&I Advance pursuant to Section 7.05, and if the Trustee fails to make such P&I Advance by the close of business, New York City time, on such P&I Advance Date, the Fiscal Agent shall make such P&I Advance pursuant to Section 7.05 by noon10:00 a.m., New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Dateimmediately succeeding Business Day. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator Paying Agent shall notify the Trustee and the Fiscal Agent of such circumstances by 4:30 p.m., 1:00 p.m. (New York City time, ) on the related P&I Advance Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc), Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds into (x) the Lower Tier REMIC Distribution Account, an amount equal to the aggregate amount of P&I Advances, if any, with respect to the Mortgage Loans to be made in respect of the related Distribution Date, and (y) the U-Haul Self Storage REMIC Distribution Account, an amount equal to the amount of P&I Advances, if any, with respect to the Trust Companion Loan to be made in respect of the related Distribution Date, (iiii)(x) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances with respect to the Mortgage Loans, and (y) apply amounts held in the Certificate Account, for future distribution to the Holders of the Class UHP Certificates in subsequent months in discharge of any such obligation to make P&I Advances with respect to the Trust Companion Loan, or (iii) make P&I Advances in the form of any combination of clauses (ii)(x) and (iiii)(x) or clauses (i)(y) and (ii)(y), as applicable, aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances with respect to the Mortgage Loans or the Trust Companion Loan, as applicable, shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances (x) with respect to the Mortgage Loans, and (y) with respect to the Trust Companion Loan, for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances (x) with respect to the Mortgage Loans and (y) with respect to the Trust Companion Loan, for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date. Notwithstanding the foregoing, the portion of any P&I Advance equal to the CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans or the Trust Companion Loan, as applicable, shall not be remitted to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account or U-Haul Self Storage REMIC Distribution Account, as applicable, but shall be deposited into the Certificate Account for payment to CREFC® on such Distribution Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C22), Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C23)

P&I Advances. (a) On or before 4:00 2:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall either (ishall, subject to Section 4.03(c) remit below, satisfy its obligations to make any required P&I Advances with respect to the Certificate Administrator for deposit into the Lower-Tier REMIC related Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made Date in respect of the related Mortgage Pool (other than the Trust Mortgage Loans or any successor REO Mortgage Loans with respect thereto), first, by transferring to the Trustee for deposit in the Distribution Date, (ii) apply Account amounts then held in the Certificate Account, Pool Custodial Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation obligations, and second, by remitting its own funds to make the Trustee for deposit in a Distribution Account in an amount equal to the remaining portion of such required P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be madeAdvances. Any amounts held in the Certificate Pool Custodial Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Pool Custodial Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall make provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (704) 593-7740 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (704) 593-7682 or (704) 593-7867 (or such alternative number provided bx xxx Xxxxxx Xervicer to the Trustee in writing) as soon as possible, but in any event before 5:00 p.m., New York City time, on such Master Servicer Remittance Date. If after such notice by facsimile, the Trustee does not receive the full amount of such P&I Advance pursuant to Section 7.05 Advances by noon11:00 a.m., New York City time, on the related Distribution Date, unless then the Trustee (or the Fiscal Agent on its behalf) shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer shall have cured on such failure (and provided written notice of such cure to Master Servicer Remittance Date. If the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required any such P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related Distribution Date, but the Fiscal Agent makes such P&I Advance Dateon such date, then the Trustee shall be deemed not to be in default hereunder.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Greenwich Capital Comm Mort Pass THR Certs Ser 2003-C2), Pooling and Servicing Agreement (Greenwich Capital Comm Mort Pass THR Certs Ser 2003-C2)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i), subject to Section 4.03(c) below, remit from its own funds to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account received after the Determination Date with respect to the related Collection Period or for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall make provide notice of such P&I Advance pursuant failure to Section 7.05 a Servicing Officer of the Master Servicer by noonfacsimile transmission sent to telecopy no. (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 10:00 a.m., New York City time, on the related Distribution Datenext Business Day. If after such notice by facsimile, unless the Master Servicer shall have cured such failure (and provided written notice Trustee does not receive the full amount of such cure to the Trustee and the Certificate Administrator) P&I Advances by 11:00 a.m., New York City time, on the Business Day immediately following such Distribution P&I Advance Date. In , then (i) the event Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails to make a required on such P&I Advance hereunder, Date and (ii) the Certificate Administrator provisions of Sections 7.01 and 7.02 shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Dateapply.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (First Union Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date. Notwithstanding the foregoing, the portion of any P&I Advance equal to the CREFC® Intellectual Property Royalty License Fee for the related Mortgage Loans shall not be remitted to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account, but shall be deposited into the Certificate Account for payment to CREFC® on such Distribution Date. The Master Servicer or the Trustee, as applicable, shall provide the applicable Non-Serviced Master Servicer and Non-Serviced Trustee written notice of making a required P&I Advance hereunder within two (2) Business Days of making such P&I Advance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (JPMBB Commercial Mortgage Securities Trust 2014-C21), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2014-C20)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator Trustee for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Trustee of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, and if the Trustee fails to make such P&I Advance, the Fiscal Agent shall make such P&I Advance pursuant to Section 7.05 by 4:00 pm, New York City time, on the related Distribution Date in each case unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorFiscal Agent) by 11:00 a.m., New York City time, a.m. on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P.Morgan Chase Commercial Mortgage Securities Series 2004-Cibc9), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Corp. Commercial Mortgage Pass-Through Certificates, Series 2004-C2)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the applicable Master Servicer shall either (i) remit to the Certificate Administrator Trustee for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the its Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the applicable Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer’s 's records and replaced by the such Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Each Master Servicer shall notify the Certificate Administrator Trustee and the Co-Trustee of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 2 Business Days prior to such Distribution Date. If the any Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Co-Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, in each case unless the such Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorCo-Trustee) by 11:00 a.m., a.m. (New York City time, Time) on such Distribution Date. In the event that the any Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator Trustee shall notify the Co-Trustee of such circumstances by 4:30 p.m., p.m (New York City time, ) on the related P&I Advance Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Ldp10), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Ldp10)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I AdvancesAdvances with respect to Mortgage Loans and successor REO Mortgage Loans serviced by the Master Servicer, if any, to be made by the Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the Master Servicer; provided, however, that to the extent that amounts on deposit in the Collection Account were insufficient to pay the CREFC® License Fee on the related Master Servicer Remittance Date, the related Master Servicer shall apply any P&I Advances required to be made by it on such P&I Advance Date pursuant to this Section 4.03 to pay the balance of such CREFC® License Fee. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c) below) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the Master Servicer by facsimile transmission (with respect to the Master Servicer, at facsimile number (000) 000-0000 and by telephone at (000) 000-0000 as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by the Master Servicer with respect to the related Distribution Date. With respect to any Mortgage Loan that is part of a Serviced Loan Combination, the Master Servicer or Trustee, as applicable, shall have cured such failure (provide the Other Master Servicer and provided the Other Trustee under the Other Securitization with written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required any P&I Advance hereunder, the Certificate Administrator shall notify the Trustee relating to such Mortgage Loan within two (2) Business Days of making such circumstances by 4:30 p.m., New York City time, on the related P&I Advance DateAdvance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Trust 2014-Lc18), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2014-C25)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by the Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the Master Servicer. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by noonthe Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the Master Servicer by facsimile transmission (at facsimile number: (000) 000-0000) and by telephone (at (000) 000-0000) as soon as possible, but in any event before 4:30 p.m. (New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.P&I

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C8), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2012-C8)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorPaying Agent) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Cibc20), Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-Cibc17)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans, either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of ; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which such it is to make P&I Advances were made). The on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall notify the Certificate Administrator of use such Late Collections (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount net of any Nonrecoverable Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances for such Distribution Advances. If, as of 3:00 p.m., New York City time, on any Master Servicer Remittance Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. [_______________] (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. [_______________] (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on any such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance Dateif made, the Trustee shall make such P&I Advance pursuant to Section 7.05 make, by noon, New York City time, 11:00 a.m. on the related Distribution Date, unless Date or in any event by such time as shall be required to make the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, required distribution on such Distribution Date. In , the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator on such Master Servicer Remittance Date and (ii) such failure shall notify the Trustee constitute an Event of such circumstances by 4:30 p.m., New York City time, Default on the related P&I Advance Datepart of the Master Servicer.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Trustee and the Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any P&I Advance Date, an Event of Default as set forth in clause (a)(i) of Section 7.01 shall occur and the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorPaying Agent) by 11:00 a.m., New York City time, 10:00 a.m. on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator Paying Agent shall notify the Trustee of such circumstances by 4:30 p.m., 1:30 p.m. (New York City time, ) on the related P&I Advance Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Chase Commercial Mort Sec Corp Com Mor Pa Th Ce Ser 2000-1), Pooling and Servicing Agreement (Chase Commercial Mort Sec Corp Com Mor Pa Th Ce Ser 2000-2)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the applicable Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I AdvancesAdvances with respect to Mortgage Loans and successor REO Mortgage Loans serviced by such Master Servicer, if any, to be made by the applicable Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the applicable Master Servicer. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer’s records and replaced by the applicable Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the applicable Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the applicable Master Servicer by facsimile transmission (with respect to the General Master Servicer, at facsimile number: (000) 000-0000, and with respect to the NCB Master Servicer, at (000) 000-0000) and by telephone (with respect to the General Master Servicer, at (000) 000-0000, and with respect to the NCB Master Servicer, at (000) 000-0000) and, in the case of the NCB Master Servicer, by email (at XXXXX0000X00@xxx.xxx) as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by the applicable Master Servicer with respect to the related Distribution Date. With respect to any Mortgage Loan that is part of a Serviced Loan Combination, the applicable Master Servicer or Trustee, as applicable, shall have cured such failure (provide the Other Master Servicer and provided the Other Trustee under the Other Securitization with written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required any P&I Advance hereunder, the Certificate Administrator shall notify the Trustee relating to such Mortgage Loan within two (2) Business Days of making such circumstances by 4:30 p.m., New York City time, on the related P&I Advance DateAdvance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2013-C13), Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2013-C13)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator Paying Agent for deposit into the Lower-Tier Distribution Account (or the Loan REMIC Distribution Account in the case of the One Post Office Square B Note) from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any P&I Advance Date, an Event of Default as set forth in clause (a)(i) of Section 7.01 shall occur and the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, in each case unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorPaying Agent) by 11:00 a.m., New York City time, a.m. on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator Paying Agent shall notify the Trustee of such circumstances by 4:30 p.m., p.m. (New York City time, ) on the related P&I Advance Date.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Com Mort Sec Corp Ps THR Certs Ser 2003-Ln1), Pooling and Servicing Agreement (Jp Morgan Chase Com Mort Sec Corp Ps THR Certs Ser 2003-Ln1)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have cured made any P&I Advance required to be made on such failure date pursuant to this Section 4.03(a) (and provided written shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such cure failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (000) 000-0000 (or such alternative number provided by the Certificate AdministratorMaster Servicer to the Trustee in writing) by 11:00 a.m.as soon as possible, but in any event before 3:00 p.m., New York City time, on such Distribution Master Servicer Remittance Date. In the event that the Master Servicer fails to make a required P&I Advance hereunderIf, after such notice, the Certificate Administrator shall notify Trustee does not receive the Trustee full amount of such circumstances P&I Advances by 4:30 p.m., the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee or the Fiscal Agent shall make, by 10:00 a.m. on the related Distribution Date or in any event by such time as shall be required in order to make the required distribution on such Distribution Date, the portion of such P&I Advance DateAdvances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nationslink Funding Corp 1999-LTL-1 Commer Loan Pas THR Cer)

P&I Advances. (a) On or before 4:00 2:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall either (ishall, subject to Section 4.03(c) remit below, satisfy its obligations to make any required P&I Advances with respect to the Certificate Administrator for deposit into the Lower-Tier REMIC related Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made Date in respect of the related Mortgage Pool (other than the Loan Group Trust Mortgage Loans or any successor REO Mortgage Loans with respect thereto), first, by transferring to the Trustee for deposit in the Distribution Date, (ii) apply Account amounts then held in the Certificate Account, Pool Custodial Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation obligations, and second, by remitting its own funds to make the Trustee for deposit in a Distribution Account in an amount equal to the remaining portion of such required P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be madeAdvances. Any amounts held in the Certificate Pool Custodial Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Pool Custodial Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall make provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. [__________] (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. [__________] or [__________] (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 5:00 p.m., New York City time, on such Master Servicer Remittance Date. If after such notice by facsimile, the Trustee does not receive the full amount of such P&I Advance pursuant to Section 7.05 Advances by noon11:00 a.m., New York City time, on the related Distribution Date, unless then the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Remittance Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenwich Capital Commercial Funding Corp)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Servicer Remittance Date, the each Master Servicer shall in the case of all Mortgage Loans either (i) remit to the Certificate Administrator Trustee for deposit into the Villas Parkmerced Loan REMIC Distribution Account or the Lower-Tier REMIC Distribution Account Account, as applicable, from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in its Collection Account or the Certificate applicable Serviced Whole Loan Collection Account, as applicable, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances; provided that such amounts in the applicable Serviced Whole Loan Collection Account shall only be applied up to the related Mortgage Loan's pro rata share of the amounts held therein on such date or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by such Master Servicer. Any amounts held in the Certificate applicable Collection Account or any Serviced Whole Loan Collection Account, as applicable, for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer’s 's records and replaced by the such Master Servicer by deposit in the Certificate applicable Collection Account or the applicable Serviced Whole Loan Collection Account, as applicable, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Each Master Servicer shall notify the Certificate Administrator Trustee of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution the P&I Advance Determination Date. If the applicable Master Servicer fails to make a required P&I Advance by 4:00 p.m., 1:00 p.m. (New York City time, ) on any P&I Advance Servicer Remittance Date, then the Trustee shall make such P&I Advance pursuant to Section 7.05 7.06 by noon, 12:00 noon (New York City time, ) on the related Distribution Date, in each case unless the applicable Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorTrustee) by 11:00 a.m., a.m. (New York City time, ) on such Distribution DateDate or the Trustee determines that such P&I Advance, if made, would be a Nonrecoverable Advance. In the event that Neither the Master Servicer fails Servicers nor the Trustee shall be required to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, Advances on the related P&I Advance Dateany Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Mortgage & Asset Receiving Corp)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the each Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by such Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, such Master Servicer's Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating -242- the total amount of P&I Advances to be mademade by such Master Servicer; provided, that the Master Servicer shall give preference to amounts in clause (ii) of this sentence for purposes of making P&I Advances. Any amounts held in the Certificate either Master Servicer's Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the such Master Servicer’s 's records and replaced by the such Master Servicer by deposit in the Certificate its Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, either Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to such Master Servicer by facsimile transmission as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee and the Fiscal Agent (but in any event before 10:00 a.m. (New York City time) and the Trustee (or the Fiscal Agent on its behalf) shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by such Master Servicer shall have cured such failure (and provided written notice of such cure with respect to the Trustee related Distribution Date. Notwithstanding the foregoing, all P&I Advances with respect to the 1290 Avenue of the Americas Pooled Mortgage Loan or any 1290 Avenue of the Americas REO Pooled Mortgage Loan are required to be made by the 1290 Avenue of the Americas Master Servicer pursuant to, and as and when required by, the Certificate Administrator) by 1290 Avenue of the Americas Servicing Agreement and/or the 1290 Avenue of the Americas Intercreditor Agreement. If, as of 11:00 a.m., New York City time, on any Master Servicer Remittance Date, the 1290 Avenue of the Americas Master Servicer shall not have advanced the portion of any P&I Advance required to be made pursuant to the 1290 Avenue of the Americas Servicing Agreement that is allocable to the 1290 Avenue of the Americas Pooled Mortgage Loan or any 1290 Avenue of the Americas REO Pooled Mortgage Loan (and shall not have delivered to the Master Servicer an officer's certificate and documentation related to a determination of nonrecoverability of a P&I Advance as contemplated by the 1290 Avenue of the Americas Servicing Agreement), then (subject to Section 4.03(c) below) the applicable Master Servicer shall make the portion of such Distribution DateP&I Advance that was required to be, but was not, made by the 1290 Avenue of the Americas Master Servicer on such Master Servicer Remittance Date pursuant to the 1290 Avenue of the Americas Servicing Agreement and that is allocable to the 1290 Avenue of the Americas Pooled Mortgage Loan or any successor REO Pooled Mortgage Loan with respect thereto. In If the event that the applicable Master Servicer fails to make a required any such P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related Master Servicer Remittance Date, then (subject to Section 4.03(c) below) the Trustee or, if it fails to do so, the Fiscal Agent, shall make such P&I Advance on the related Distribution Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Sec Fin Corp Com Mort Tr 2003 Pwr1)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans other than a Mortgage Loan included in the Serviced Whole Loan, either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. With respect to each Serviced Whole Loan, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the Serviced Whole Loan Custodial Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date on the Serviced Whole Loan, (ii) apply amounts held in the Serviced Whole Loan Custodial Account for future distribution in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Serviced Whole Loan Custodial Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom and any portion thereof required to be paid to the One Stamford Forum Note B Holder under any Intercreditor Agreement) to make such P&I Advances. Any amounts held in the Certificate Account or if the Serviced Whole Loan is involved, the Serviced Whole Loan Custodial Account, for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in into the Certificate Account or, if the Serviced Whole Loan is involved, the Serviced Whole Loan Custodial Account, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The If, as of 3:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall notify not have made any P&I Advance required to be made (other than a P&I Advance with respect to the One Stamford Forum Note B) on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate Administrator and documentation related to a determination of (i) nonrecoverability of a P&I Advance), then the aggregate amount Trustee shall provide notice of P&I Advances for such failure to a Distribution Date and (ii) the amount Servicing Officer of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails by facsimile transmission sent to make a required P&I Advance telecopy no. (213) 345-7240 (or such alternative number provided by the Master Servicxx xx xxx Xxxxtee in writing) and by telephone at telephone no. (800) 462-0505 (or such alternative number provided by the Master Servicxx xx xxx Xxxxtee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on any P&I Advance such Master Servicer Remittance Date. If, after such notice, the Trustee shall make does not receive the full amount of such P&I Advance pursuant to Section 7.05 Advances by noon, the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made or the Trustee shall make, by 11:00 a.m. on the related Distribution Date, unless Date or in any event by such time as shall be required to make the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, required distribution on such Distribution Date. In , the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. None of the Master Servicer or the Trustee shall be required to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.One Stamford Forum Note B.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2006-3)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans, other than a Mortgage Loan included in a Loan Pair, either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. With respect to each Loan Pair, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the related Loan Pair Custodial Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date on such Loan Pair, (ii) apply amounts held in the related Loan Pair Custodial Account for future distribution in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the related Loan Pair Custodial Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom and any portion thereof required to be paid to any Companion Noteholder under any Co-Lender Agreement) to make such P&I Advances. Any amounts held in the Certificate Account or if a Loan Pair is involved, the related Loan Pair Custodial Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in into the Certificate Account or if a Loan Pair is involved, the related Loan Pair Custodial Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of will not be required to make any P&I Advances for a Distribution Date and (ii) with respect to the amount CBA B Note or the 17 State Street B Note. If, as of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Xxxxxx Xxxxxxxx Remittance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have cured made any P&I Advance required to be made (other than a P&I Advance with respect to a Companion Loan) on such failure date pursuant to this Section 4.03(a) (and provided written shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such cure failure to a Servicing Officer of the Trustee Master Servicer by facsimile transmission sent to telecopy no. (213) 345-7240 (or such alternative number provided by the Master Servixxx xx xxx Xxxstee in writing) and by telephone at telephone no. (800) 462-0505 (or such alternative number provided by the Certificate AdministratorMaster Servixxx xx xxx Xxxstee in writing) by 11:00 a.m.as soon as possible, but in any event before 4:00 p.m., New York City time, on such Distribution Master Servicer Remittance Date. In the event that the Master Servicer fails to make a required P&I Advance hereunderIf, after such notice, the Certificate Administrator shall notify Trustee does not receive the Trustee full amount of such circumstances P&I Advances by 4:30 p.m., the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make, by 11:00 a.m. on the related Distribution Date or in any event by such time as shall be required to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. The Trustee shall not be required to make an Advance Dateon any Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mort. Pass Thr. Certs SER 2004-3)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator Paying Agent for deposit into the Lower-Tier Distribution Account (or the Loan REMIC Distribution Account in the case of the Republic Plaza Mortgage Loan) from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, or the Republic Plaza Collection Account in the case of the Republic Plaza Mortgage Loan, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account or the Republic Plaza Collection Account in the case of the Republic Plaza Mortgage Loan, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any P&I Advance Date, an Event of Default as set forth in clause (a)(i) of Section 7.01 shall occur and the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, in each case unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorPaying Agent) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Corp. Commercial Mortgage Pass-Through Certificates, Series 2004-C2)

P&I Advances. (ai) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance the Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans that it is servicing either (i) remit to the Certificate Administrator Trustee for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in its Collection Account or the Certificate Loan Combination Collection Account, as applicable, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances; provided that amounts in the Loan Combination Collection Account shall only be applied up to the related Mortgage Loan's pro rata share of the amounts held therein on such date or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the Master Servicer. Any amounts held in the Certificate Collection Account or the Loan Combination Collection Account, as applicable, for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Collection Account or the Loan Combination Collection Account, as applicable, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Trustee of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution the P&I Advance Determination Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., 1:00 p.m. (New York City time, ) on any P&I Advance Servicer Remittance Date, then the Trustee shall make such P&I Advance pursuant to Section 7.05 7.06 by noon, 12:00 noon (New York City time, ) on the related Distribution Date, in each case unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorTrustee) by 11:00 a.m., a.m. (New York City time, ) on such Distribution DateDate or the Trustee determines that such P&I Advance, if made, would be a Nonrecoverable Advance. In the event that Neither the Master Servicer fails nor the Trustee shall be required to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, Advances on the related P&I Advance Dateany [_________] B Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Mortgage & Asset Receiving Corp)

P&I Advances. (a) On or before 4:00 2:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator Paying Agent for deposit into the Lower-Tier Distribution Account (or (A) the Simon Loan REMIC Distribution Account in the case of the Simon Mortgage Loan or (B) the Walgreens Loan REMIC Distribution Account in the case of the Walgreens Mortgage Loan) from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 2:00 p.m., New York City timetime (including a P&I Advance pursuant to Section 4.03(g)), on any P&I Advance Date, an Event of Default as set forth in clause (a)(i) of Section 7.01 shall occur and the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, in each case unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorPaying Agent) by 11:00 a.m., New York City time, a.m. on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator Paying Agent shall notify the Trustee of such circumstances by 4:30 p.m., 2:30 p.m. (New York City time, ) on the related P&I Advance Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Com Mort Sec Corp Pas THR Cer Ser 2002-C2)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans, other than a Mortgage Loan included in a Whole Loan, either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. With respect to each Whole Loan (or, with respect to the 1901 Research Boulevard Whole Loan, only the 1901 Research Boulevard Moxxxxxx Xxxx), xx xxxx Xaster Servicer Remittaxxx Xxxx xx xxxx xxxxxxr time in the case of such Whole Loan for which the Master Servicer may have an obligation to make a P&I Advance hereunder on a Fashion Show Mall Non-Securitized Note not held by the Trust pursuant to the related Intercreditor Agreement, the Master Servicer shall either (i) deposit into the related Whole Loan Custodial Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date on such Whole Loan, (ii) apply amounts held in the related Whole Loan Custodial Account for future distribution in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the related Whole Loan Custodial Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom and any portion thereof required to be paid to any Companion Loan Noteholder under any Intercreditor Agreement) to make such P&I Advances. In connection with the obligation of the Master Servicer to make P&I Advances with respect to the Fashion Show Mall Securitized Notes following a monetary event default or other material event of default under the related Mortgage Loan, the Master Servicer shall make such P&I Advances in an amount equal to the entire scheduled delinquent Monthly Payment or Assumed Monthly Payment due or deemed due, as the case may be, with respect to the Fashion Show Mall Securitized Notes. In addition, the Trustee's obligations to make P&I Advances with respect to the Fashion Show Mall Mortgage Loan should the Master Servicer fail in its obligation to do so shall be made in the manner set forth in the second preceding sentence. Any amounts held in the Certificate Account or if a Whole Loan is involved, the related Whole Loan Custodial Account, for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in into the Certificate Account or, if a Whole Loan is involved, the related Whole Loan Custodial Account, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of not be required to make any P&I Advances for a Distribution Date and (ii) with respect to any Fashion Show Mall Non-Securitized Note or the amount 1901 Research Boulevard B Note. If, as of any Nonrecoverable P&I Advances for such Distribution 3:00 p.m., New York City time, xx xxx Xxxxxx Xxxxxxxx Remittance Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required shall not have made any P&I Advance required to be made (other than a P&I Advance with respect to a Companion Loan) on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (213) 345-7240 (or such alternative number provided by the Master Servixxx xx xxx Xxxstee in writing) and by telephone at telephone no. (800) 462-0505 (or such alternative number provided by the Master Servixxx xx xxx Xxxstee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on any such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance Dateif made, the Trustee shall make such P&I Advance pursuant to Section 7.05 make, by noon, New York City time, 11:00 a.m. on the related Distribution Date, unless Date or in any event by such time as shall be required to make the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, required distribution on such Distribution Date. In , the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. The Trustee shall not be required to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Dateany Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2005-1)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. 000-000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. 000- 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If after such notice the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. If the Trustee is required in accordance with this Section 4.03(a) to make any P&I Advance pursuant or portion thereof, but fails to Section 7.05 do so by noon10:00 a.m., New York City time, on the related Distribution Date, then, unless the Master Servicer Fiscal Agent determines that such Advance would be a Nonrecoverable P&I Advance if made, the Fiscal Agent shall have cured make such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 P&I Advance or other advance not later than 11:30 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunderDate and, thereby, the Certificate Administrator Trustee shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Datenot be in default under this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Capital Funding Inc)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans, other than a Mortgage Loan included in a Loan Pair, either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. With respect to each Loan Pair, on each Master Servicer Remittance Date or such earlier time in the case of the Wellbridge A/B Mortgage Loan for which the Master Servicer may have an obligation to make a P&I Advance hereunder on a Wellbridge Securitized Note not held by the Trust pursuant to the Wellbridge Co-Lender Agreement, the Master Servicer shall either (i) deposit into the Loan Pair Custodial Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date on such Loan Pair, (ii) apply amounts held in the related Loan Pair Custodial Account for future distribution in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the related Loan Pair Custodial Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom and any portion thereof required to be paid to any Companion Noteholder under any Co-Lender Agreement) to make such P&I Advances. In connection with the obligation of the Master Servicer to make P&I Advances with respect to the Wellbridge Securitized Notes following a monetary event default or other material event of default under the Wellbridge A/B Mortgage Loan, the Master Servicer shall make such P&I Advances, first in an amount equal to the entire scheduled delinquent Monthly Payment or Assumed Monthly Payment due or deemed due, as the case may be, with respect to those Wellbridge Securitized Notes which are Wellbridge Senior Notes and shall second make an additional P&I Advance with respect to the Wellbridge Note B in such amount as is required to cover the delinquent interest portion of a Monthly Payment or Assumed Monthly Payment otherwise (i.e., but for the required application following such events of the Monthly Payments or Assumed Monthly Payment first to amounts owed in respect of the Wellbridge Senior Notes pursuant to the terms of the Wellbridge Co-Lender Agreement) that would be due and owing or deemed due and owing under the Wellbridge Note B had the monetary event of default or other material event of default not occurred. In addition the Trustee's or the Fiscal Agent's obligations to make P&I Advances with respect to the Wellbridge Senior Note A-1 and the Wellbridge Note B should the Master Servicer fail in its obligation to do so shall be made to such Wellbridge Notes in the manner set forth in the third preceding sentence. In addition, the right of the Master Servicer, the Trustee and/or the Fiscal Agent to recover amounts made as P&I Advances and interest thereon shall be limited to collections on the Wellbridge A/B Mortgage Loan which are allocable to the Wellbridge Note B as set forth in the Wellbridge Co-Lender Agreement. Any amounts held in the Certificate Account or if a Loan Pair is involved the related Loan Pair Custodial Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account or if a Loan Pair is involved the related Loan Pair Custodial Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of will not be required to make any P&I Advances for a Distribution Date and (ii) the amount with respect to any Wellbridge Non-Securitized Note or any CBA B Note. If, as of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have cured made any P&I Advance required to be made (other than a P&I Advance with respect to a Companion Loan) on such failure date pursuant to this Section 4.03(a) (and provided written shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such cure failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (213) 345-7240 (or such alternative nxxxxx xxxxxxxx by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (800) 462-0505 (or such alternative nxxxxx xxxxxxxx by the Certificate AdministratorMaster Servicer to the Trustee in writing) by 11:00 a.m.as soon as possible, but in any event before 4:00 p.m., New York City time, on such Distribution Master Servicer Remittance Date. In the event that the Master Servicer fails to make a required P&I Advance hereunderIf, after such notice, the Certificate Administrator shall notify Trustee does not receive the Trustee full amount of such circumstances P&I Advances by 4:30 p.m., the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee or the Fiscal Agent determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee or the Fiscal Agent shall make, by 11:00 a.m. on the related Distribution Date or in any event by such time as shall be required in order to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. Neither the Trustee nor the Fiscal Agent shall be required to make an Advance Dateon any Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass Through Certificates Series 2003-1)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans other than a Mortgage Loan included in a Serviced Whole Loan, either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. With respect to each Mortgage Loan included in a Serviced Whole Loan, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the related Serviced Whole Loan Custodial Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date on the Mortgage Loan included in such Serviced Whole Loan, (ii) subject to the terms of the related Intercreditor Agreement, apply amounts held in the related Serviced Whole Loan Custodial Account for future distribution in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the related Serviced Whole Loan Custodial Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom and any portion thereof required to be paid to the related Companion Loan Holder in the case of a Serviced Whole Loan under the related Intercreditor Agreement) to make such P&I Advances. Any amounts held in the Certificate Account or if a Serviced Whole Loan is involved, the related Serviced Whole Loan Custodial Account, for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in into the Certificate Account or, if a Serviced Whole Loan is involved, the related Serviced Whole Loan Custodial Account, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The If, as of 3:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall notify not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate Administrator and documentation related to a determination of (i) nonrecoverability of a P&I Advance), then the aggregate amount Trustee shall provide notice of P&I Advances for such failure to a Distribution Date and (ii) the amount Servicing Officer of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails by facsimile transmission sent to make a required P&I Advance telecopy no. (213) 345-7240 (or such alternative number provided by the Master Servixxx xx xxx Xxxstee in writing) and by telephone at telephone no. (800) 462-0505 (or such alternative number provided by the Master Servixxx xx xxx Xxxstee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on any P&I Advance such Master Servicer Remittance Date. If, after such notice, the Trustee shall make Certificate Administrator, on behalf of the Trustee, does not receive the full amount of such P&I Advance pursuant to Section 7.05 Advances by noon, the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made or the Trustee shall make, by 11:00 a.m. on the related Distribution Date, unless Date or in any event by such time as shall be required to make the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, required distribution on such Distribution Date. In , the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. The making of an Advance by a fiscal agent appointed by the Trustee pursuant to Section 8.06 shall not be an Event of Default with respect to the Trustee. For the avoidance of doubt, neither the Master Servicer nor the Trustee shall be required to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Dateany Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-5)

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P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the applicable Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I AdvancesAdvances with respect to Mortgage Loans and successor REO Mortgage Loans serviced by such Master Servicer, if any, to be made by the applicable Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the applicable Master Servicer; provided, however, that to the extent that amounts on deposit in the Collection Account were insufficient to pay the CREFC® License Fee on the related Master Servicer Remittance Date, the applicable Master Servicer shall apply any P&I Advances required to be made by it on such P&I Advance Date pursuant to this Section 4.03 to pay the balance of such CREFC® License Fee. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer’s records and replaced by the applicable Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the applicable Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the applicable Master Servicer by facsimile transmission (with respect to the General Master Servicer, at facsimile number: (000) 000-0000, and with respect to the NCB Master Servicer, at (000) 000-0000) and by telephone (with respect to the General Master Servicer, at (000) 000-0000, and with respect to the NCB Master Servicer, at (000) 000-0000) and, in the case of the NCB Master Servicer, by email (at XXXXX0000X00@xxx.xxx) as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by the applicable Master Servicer shall have cured such failure (and provided written notice of such cure with respect to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such related Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2014-C19)

P&I Advances. (a) On or before 4:00 1:30 p.m., New York City time, on each P&I Advance Date (or, 3:00 p.m. New York City time if the last day of the Collection Period is deemed to be the P&I Advance Date), the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal (with respect to the 11 Madison Avenue Loan, to the extenx xx xxxx xxxxxxxal and interest allocable to the 11 Madison Avenue Pooled Component axx, xxxx xxxxxxx to the 11 Madison Avenue Non-Pooled Componexx, xxx xxxxxx xx P&I Advances of interest only, and not principal, allocable to the 11 Madison Avenue Non-Pooled Componexx), xx xxxxxx xxual to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall make provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy (704) 715-0036 (or such alternative xxxxxx xxxxxxxd by the Master Servicer to the Trustee in writing) and by telephone at (704) 593-7836 or (704) 593-7867 (or xxxx xxxxxxxxive number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance pursuant to Section 7.05 Date. If the Trustee does not receive the full amount of such P&I Advances by noon10:00 a.m., New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure then, subject to Section 4.03(c), (and provided written notice of such cure to i) the Trustee and or the Certificate Administrator) by Fiscal Agent shall, no later than 11:00 a.m., New York City time, on such related Distribution Date. In Date make the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply. If the Trustee fails to make a required any such P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related Distribution Date, but the Fiscal Agent makes such P&I Advance Dateon such date, then such failure of the Trustee shall be deemed to be cured.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2004-C12)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator Trustee for deposit into the Lower-Tier Distribution Account (or the Loan REMIC Distribution Account in the case of the Simon Mortgage Loan) from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Trustee of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any P&I Advance Date, an Event of Default as set forth in clause (a)(i) of Section 7.01 shall occur and the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, in each case unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorTrustee) by 11:00 a.m., New York City time, a.m. on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Com Mort Sec Corp Pas THR CRT Ser 2002 Cibc5)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans other than a Mortgage Loan included in a Serviced Whole Loan, either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. With respect to each Mortgage Loan included in a Serviced Whole Loan, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the related Serviced Whole Loan Custodial Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date on the Mortgage Loan included in such Serviced Whole Loan, (ii) subject to the terms of the related Intercreditor Agreement, apply amounts held in the related Serviced Whole Loan Custodial Account for future distribution in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the related Serviced Whole Loan Custodial Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom and any portion thereof required to be paid to the related Companion Loan Holder in the case of a Serviced Whole Loan under the related Intercreditor Agreement) to make such P&I Advances. Any amounts held in the Certificate Account or if a Serviced Whole Loan is involved, the related Serviced Whole Loan Custodial Account, for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in into the Certificate Account or, if a Serviced Whole Loan is involved, the related Serviced Whole Loan Custodial Account, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The If, as of 3:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall notify not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Certificate Administrator shall provide notice of (i) the aggregate amount such failure to a Servicing Officer of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails by facsimile transmission sent to make a required P&I Advance telecopy no. (213) 345-7240 (or such alternative number provided by the Master Servicxx xx xxx Xxxxtee and the Certificate Administrator in writing) and by telephone at telephone no. (800) 462-0505 (or such alternative number provided by the Master Servicxx xx xxx Xxxxtee and the Certificate Administrator in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on any P&I Advance such Master Servicer Remittance Date. If, after such notice, the Trustee shall make Certificate Administrator, on behalf of the Trustee, does not receive the full amount of such P&I Advance pursuant to Section 7.05 Advances by noon, the close of business (New York City time, ) on the related Distribution such Master Servicer Remittance Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, then the Certificate Administrator shall promptly notify the Trustee of such circumstances by 4:30 p.m., failure no later than 10:00 a.m. (New York City time, ) on the related Distribution Date and, unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make, by 11:00 a.m. on the Distribution Date or in any event by such time as shall be required to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date. Such failure by the Master Servicer shall constitute an Event of Default on the part of the Master Servicer. The making of an Advance by a fiscal agent appointed by the Trustee pursuant to Section 8.06 shall not be an Event of Default with respect to the Trustee. For the avoidance of doubt, neither the Master Servicer nor the Trustee shall be required to make a P&I Advance on any Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2008-Ls1)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the each Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by such Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, such Master Servicer's Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by such Master Servicer. Any amounts held in the Certificate either Master Servicer's Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the such Master Servicer’s 's records and replaced by the such Master Servicer by deposit in the Certificate its Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, either Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by noonsuch Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to such Master Servicer by facsimile transmission as soon as possible, but in any event before 4:30 p.m. (New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution P&I Advance Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, If after such notice the Certificate Administrator shall notify does not receive the Trustee full amount of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.Advances

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Sec Tr 2002-Pbw1)

P&I Advances. (a) On or before 4:00 1:30 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer’s Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall make provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at (000) 000-0000 or (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance pursuant to Section 7.05 Date. If the Trustee does not receive the full amount of such P&I Advances by noon10:00 a.m., New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure then, subject to Section 4.03(c), (and provided written notice of such cure to i) the Trustee and the Certificate Administrator) by shall, no later than 11:00 a.m., New York City time, on such related Distribution Date. In Date make the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of on such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date., and (ii) the provisions of Sections 7.01 and 7.02 shall apply. 191

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2006-C24)

P&I Advances. (a) On or before 4:00 p.m.If the Mortgage Loan is delinquent at the end of any Collection Period, New York City time, the Servicer will be required to make an advance (each a "P&I Advance") not ----------- later than 1:00 p.m. on each the Servicer Remittance Date for the related Distribution Date. The P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds will be an amount equal to the aggregate amount of P&I Advancesshortfall between (i) the Monthly Payment Amount due during such Collection Period or, if anythe Balloon Payment is delinquent on the Mortgaged Properties or if a Mortgage Property has become an REO Property following default and foreclosure, the Assumed Monthly Payment Amount allocable to such REO Property deemed to be made due during such Collection Period (in either case, net of any Uncapped Interest except in respect of the related Distribution DateClass A Certificates, (iito which the Maturity Cap Rate does not apply) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of the collections received on or in respect of the Mortgage Loan, as applicable. If a late payment of such Monthly Payment Amount is received by 3:00 p.m. New York time on, or prior to, the Servicer Remittance Date, the Servicer shall immediately set-off such late payment against such Advance and shall promptly notify the Trustee. No advance will be made of Default Interest, the Balloon Payment or any Nonrecoverable Uncapped Interest. To the extent that the Servicer fails to make any P&I Advances for Advance required hereunder, the Trustee by 12:00 p.m. New York time on such Distribution Date, and to the extent it fails to do so, the Fiscal Agent by 1:00 p.m. New York time on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noonthe terms of this Agreement, New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice in each case subject to a determination of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Daterecoverability.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Ventas Inc)

P&I Advances. (a) On or before 4:00 2:00 p.m., New York City time, on the Business Day prior to each P&I Advance Date, the Master Servicer shall issue a report to the Paying Agent as required herein and on the P&I Advance Date either (i) remit to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) the Business Days prior to such Distribution the P&I Advance Date. If the Master Servicer fails to make a required P&I Advance by 4:00 2:00 p.m., New York City timetime (including a P&I Advance pursuant to Section 4.03(g)), on any P&I Advance Date, an Event of Default as set forth in clause (a)(i) of Section 7.01 shall occur and the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, in each case unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorPaying Agent) by 11:00 a.m., New York City time, a.m. on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator Paying Agent shall notify the Trustee of such circumstances by 4:30 p.m., 2:30 p.m. (New York City time, ) on the related P&I Advance Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Jp Mortgage Chase Comm Mort Pass THR Certs Ser 2004-Cibc8)

P&I Advances. (a) On or before 4:00 2:00 p.m., New York City Dallas time, on each P&I Advance Servicer Remittance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) 127 aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator of Trustee and the Fiscal Agent by (i) a certificate of the aggregate amount Servicing Officer of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, and (ii) the aggregate amount of P&I Advances for a Distribution Date on or before two (2) Business Days prior to such Distribution the P&I Advance Determination Date. If the Master Servicer fails to make a required P&I Advance by 4:00 11:00 p.m., New York City Dallas time, on any P&I Advance Servicer Remittance Date, an Event of Default as set forth in clause (a)(i) of Section 7.01 shall occur and the Trustee shall make such P&I Advance pursuant to Section 7.05, and if the Trustee fails to make such P&I Advance by 11:00 a.m., Dallas time, on such Servicer Remittance Date, the Fiscal Agent shall make such P&I Advance pursuant to Section 7.05 by noonthe close of business, New York City Dallas time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator Paying Agent shall notify the Trustee and the Fiscal Agent of such circumstances by 4:30 p.m., New York City time, 3:00 p.m. Dallas time on the related P&I Advance Servicer Remittance Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&T Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have cured made any P&I Advance required to be made on such failure date pursuant to this Section 4.03(al (and provided written shall not have delivered to the 164 Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such cure failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (000) 000-0000 (or such alternative number provided by the Certificate AdministratorMaster Servicer to the Trustee in writing) by 11:00 a.m.as soon as possible, but in any event before 3:00 p.m., New York City time, on such Distribution Master Servicer Remittance Date. In the event that the Master Servicer fails to make a required P&I Advance hereunderIf, after such notice, the Certificate Administrator shall notify Trustee does not receive the Trustee full amount of such circumstances P&I Advances by 4:30 p.m., the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee or the Fiscal Agent shall make, by 10:00 a.m. on the related Distribution Date or in any event by such time as shall be required in order to make the required distribution on such Distribution Date, the portion of such P&I Advance DateAdvances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans other than a Mortgage Loan included in a Serviced Whole Loan, either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. With respect to each Serviced Whole Loan, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the related Serviced Whole Loan Custodial Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date on such Serviced Whole Loan, (ii) apply amounts held in the related Serviced Whole Loan Custodial Account for future distribution in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the related Serviced Whole Loan Custodial Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom and any portion thereof required to be paid to any Companion Loan Holder under any Intercreditor Agreement) to make such P&I Advances. Any amounts held in the Certificate Account or if a Serviced Whole Loan is involved, the related Serviced Whole Loan Custodial Account, for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in into the Certificate Account or, if a Serviced Whole Loan is involved, the related Serviced Whole Loan Custodial Account, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The If, as of 3:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall notify not have made any P&I Advance required to be made (other than a P&I Advance with respect to a Companion Loan) on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate Administrator and documentation related to a determination of (i) nonrecoverability of a P&I Advance), then the aggregate amount Trustee shall provide notice of P&I Advances for such failure to a Distribution Date and (ii) the amount Servicing Officer of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails by facsimile transmission sent to make a required P&I Advance telecopy no. (213) 345-7240 (or such alternative number provided by the Master Servixxx xx xxx Xxxstee in writing) and by telephone at telephone no. (800) 462-0505 (or such alternative number provided by the Master Servicer to xxx Xxxstee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on any P&I Advance such Master Servicer Remittance Date. If, after such notice, the Trustee shall make does not receive the full amount of such P&I Advance pursuant to Section 7.05 Advances by noon, the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made or the Trustee shall make, by 11:00 a.m. on the related Distribution Date, unless Date or in any event by such time as shall be required to make the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, required distribution on such Distribution Date. In , the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. None of the Master Servicer or the Trustee shall be required to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Dateany Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc. Series 2006-1)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees (but not the Special Servicer's Standby Fee), Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have cured made any P&I Advance required to be made on such failure date pursuant to this Section 4.03(a) (and provided written shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such cure failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (000) 000-0000 (or such alternative number provided by the Certificate AdministratorMaster Servicer to the Trustee in writing) by 11:00 a.m.as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make, by 11:00 a.m. on the Distribution Date or in any event by such time as shall be required in order to make the required distribution on such Distribution Date, the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. In Neither the Master Servicer nor the Trustee shall advance any amount due to be paid by the Swap Counterparty for distribution to the Class A-2F Certificates in the event that the Master Servicer Swap Counterparty fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Datepayment.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass-Through Certificate Series 2000-1)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I AdvancesAdvances with respect to Mortgage Loans and successor REO Mortgage Loans serviced by the Master Servicer, if any, to be made by the Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the Master Servicer; provided, however, that to the extent that amounts on deposit in the Collection Account were insufficient to pay the CREFC® License Fee on the related Master Servicer Remittance Date, the Master Servicer shall apply any P&I Advances required to be made by it on such P&I Advance Date pursuant to this Section 4.03 to pay the balance of such CREFC® License Fee. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the Master Servicer by facsimile transmission at facsimile number: (000) 000-0000 and by telephone at (000) 000-0000 as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by the Master Servicer with respect to the related Distribution Date. With respect to any Mortgage Loan that is part of a Serviced Loan Combination, the Master Servicer or Trustee, as applicable, shall have cured such failure (provide the Other Master Servicer and provided the Other Trustee under the Other Securitization with written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required any P&I Advance hereunder, the Certificate Administrator shall notify the Trustee relating to such Mortgage Loan within two (2) Business Days of making such circumstances by 4:30 p.m., New York City time, on the related P&I Advance DateAdvance.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (WFRBS Commercial Mortgage Trust 2013-C17)

P&I Advances. (a) On or before 4:00 1:30 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds (with respect to the Four Seasons Resort and Club - Dallas, TX Loan, to the extent of both principal and interest allocable to the Four Seasons Resort and Club - Dallas, TX Pooled Component and, with respect to the Four Seasons Resort and Club - Dallas, TX Non-Pooled Component, the amount of P&I Advances of interest only, and not principal, allocable to the Four Seasons Resort and Club - Dallas, TX Non-Pooled Component), an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Co-Trustee the requisite Officer’s Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Co-Trustee shall make provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy (000) 000-0000 (or such alternative number provided by the Master Servicer to the Co-Trustee in writing) and by telephone at (000) 000-0000 or (000) 000-0000 (or such alternative number provided by the Master Servicer to the Co-Trustee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance pursuant to Section 7.05 Date. If the Trustee does not receive the full amount of such P&I Advances by noon10:00 a.m., New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to then, the Trustee shall notify the Co-Trustee and subject to Section 4.03(c), (i) the Certificate Administrator) by Co-Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date. In Date make the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of on such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Intercreditor and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2006-C28)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Date, Master Servicer Remittance Date the Master Servicer shall shall, subject to Section 3.04(c), either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Collection Account, the Master Servicer shall use such Late Collections (net of any Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have cured made any P&I Advance required to be made on such failure date pursuant to this Section 4.03(a) (and provided written shall not have delivered to the Trustee (i) the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance or (ii) the requisite notice contemplated by Section 3.04(c)), then the Trustee shall provide notice of such cure failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. 000-000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. 000-000-0000 (or such alternative number provided by the Certificate AdministratorMaster Servicer to the Trustee in writing) by 11:00 a.m.as soon as possible, but in any event before 3:00 p.m., New York City time, on such Distribution Master Servicer Remittance Date. In the event that the Master Servicer fails to make a required P&I Advance hereunderIf, after such notice, the Certificate Administrator shall notify Trustee does not receive the Trustee full amount of such circumstances P&I Advances by 4:30 p.m., 11:00 a.m. (New York City time, ) on the related Distribution Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance Dateif made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brothers Mort Sec Vii Com Mor Pas THR Cer Se 1999-C1)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) remit to the Certificate Administrator Paying Agent for deposit into the Lower-Tier Distribution Account (or the Loan REMIC Distribution Account in the case of the Newport Mortgage Loan) from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Trustee and the Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any P&I Advance Date, an Event of Default as set forth in clause (a)(i) of Section 7.01 shall occur and the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorPaying Agent) by 11:00 a.m., New York City time, 10:00 a.m. on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator Paying Agent shall notify the Trustee of such circumstances by 4:30 p.m., 1:30 p.m. (New York City time, ) on the related P&I Advance Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Jp Morgan Chase Commercial Mortgage Securities Corp)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans other than a Mortgage Loan included in a Serviced Whole Loan, either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. With respect to each Mortgage Loan included in a Serviced Whole Loan, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the related Serviced Whole Loan Custodial Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date on the Mortgage Loan included in such Serviced Whole Loan, (ii) subject to the terms of the related Intercreditor Agreement, apply amounts held in the related Serviced Whole Loan Custodial Account for future distribution in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the related Serviced Whole Loan Custodial Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom and any portion thereof required to be paid to the related Companion Loan Holder in the case of a Serviced Whole Loan under the related Intercreditor Agreement) to make such P&I Advances. Any amounts held in the Certificate Account or if a Serviced Whole Loan is involved, the related Serviced Whole Loan Custodial Account, for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in into the Certificate Account or, if a Serviced Whole Loan is involved, the related Serviced Whole Loan Custodial Account, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The If, as of 3:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall notify not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate Administrator and documentation related to a determination of (i) nonrecoverability of a P&I Advance), then the aggregate amount Trustee shall provide notice of P&I Advances for such failure to a Distribution Date and (ii) the amount Servicing Officer of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails by facsimile transmission sent to make a required P&I Advance telecopy no. (213) 345-7240 (or such alternative number provided by the Master Servixxx xx xxx Xxxstee in writing) and by telephone at telephone no. (800) 462-0505 (or such alternative number provided by the Master Servixxx xx xxx Xxxstee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on any P&I Advance such Master Servicer Remittance Date. If, after such notice, the Trustee shall make does not receive the full amount of such P&I Advance pursuant to Section 7.05 Advances by noon, the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made or the Trustee shall make, by 11:00 a.m. on the related Distribution Date, unless Date or in any event by such time as shall be required to make the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, required distribution on such Distribution Date. In , the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. The making of an Advance by a fiscal agent appointed by the Trustee pursuant to Section 8.06 shall not be an Event of Default with respect to the Trustee. For the avoidance of doubt, neither the Master Servicer nor the Trustee shall be required to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Dateany Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-3)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans other than a Mortgage Loan included in a Whole Loan, either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. With respect to each Mortgage Loan included in a Whole Loan, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the related Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date on the Mortgage Loan included in such Whole Loan, (ii) subject to the terms of the related Intercreditor Agreement, apply amounts held in the related Whole Loan Custodial Account for future distribution in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the related Whole Loan Custodial Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom and any portion thereof required to be paid to the related Companion Loan Holder in the case of a Whole Loan under the related Intercreditor Agreement) to make such P&I Advances. Any amounts held in the Certificate Account or if a Whole Loan is involved, the related Whole Loan Custodial Account, for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in into the Certificate Account or, if a Whole Loan is involved, the related Whole Loan Custodial Account, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The If, as of 3:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall notify not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate Administrator and documentation related to a determination of (i) nonrecoverability of a P&I Advance), then the aggregate amount Trustee shall provide notice of P&I Advances for such failure to a Distribution Date and (ii) the amount Servicing Officer of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails by facsimile transmission sent to make a required P&I Advance telecopy no. (213) 345-7240 (or such alternative number provided by the Master Servixxx xx xxx Xxxstee in writing) and by telephone at telephone no. (800) 462-0505 (or such alternative number provided by the Master Servixxx xx xxx Xxxstee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on any P&I Advance such Master Servicer Remittance Date. If, after such notice, the Trustee shall make does not receive the full amount of such P&I Advance pursuant to Section 7.05 Advances by noon, the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made or the Trustee shall make, by 11:00 a.m. on the related Distribution Date, unless Date or in any event by such time as shall be required to make the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, required distribution on such Distribution Date. In , the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. The making of an Advance by a fiscal agent appointed by the Trustee pursuant to Section 8.06 shall not be an Event of Default with respect to the Trustee. For the avoidance of doubt, neither the Master Servicer nor the Trustee shall be required to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Dateany Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-2)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have cured made any P&I Advance required to be made on such failure date pursuant to this Section 4.03(a) (and provided written shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such cure failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (816) 435-2327 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (000) 000-0000 (or such alternative number provided by the Certificate AdministratorMaster Servicer to the Trustee in writing) by 11:00 a.m.as soon as possible, but in any event before 3:00 p.m., New York City time, on such Distribution Master Servicer Remittance Date. In the event that the Master Servicer fails to make a required P&I Advance hereunderIf, after such notice, the Certificate Administrator shall notify Trustee does not receive the Trustee full amount of such circumstances P&I Advances by 4:30 p.m., the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the related P&I Advance Datepart of the Master Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Nationslink Funding Corp Comm Mort Pass THR Cert Ser 1998-1)

P&I Advances. (a) On or before 4:00 each P&I Advance Date (and by 2:00 p.m., New York City time, on each a reasonable efforts basis, but in any event, by no later than such P&I Advance Date), the Master Servicer shall either (ishall, subject to Section 4.03(c) remit below, satisfy its obligations to make any required P&I Advances with respect to the Certificate Administrator for deposit into the Lower-Tier REMIC related Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made Date in respect of the related Distribution DateMortgage Pool, (ii) apply first, by transferring to the Trustee for deposit in the Collection Account amounts then held in the Certificate Account, Custodial Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation obligations, and second, by remitting its own funds to make the Trustee for deposit in a Collection Account in an amount equal to the remaining portion of such required P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be madeAdvances. Any amounts held in the Certificate Custodial Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Custodial Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall make provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. 215-328-3478 (or such alternative number provided by the Master Servicer xx xxx Xxxxtee in writing) and by telephone at telephone no. 215-328-1258, Attention: Master Servicing Manager (or such alternative nxxxxx xxxxxxed by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 5:00 p.m., New York City time, on such P&I Advance pursuant to Section 7.05 Date. If after such notice by noonfacsimile, the Trustee does not receive the full amount of such P&I Advances by 11:00 a.m., New York City time, on the related Distribution Date, unless then the Trustee (or the Fiscal Agent on its behalf) shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer shall have cured on such failure (and provided written notice of such cure to P&I Advance Date. If the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required any such P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related Distribution Date, but the Fiscal Agent makes such P&I Advance Dateon such date, then the Trustee shall be deemed not to be in default hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CDC Commercial Mortgage Trust 2002-Fx1)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees (but not the Special Servicer's Standby Fee), Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the Master Servicer shall not have cured made any P&I Advance required to be made on such failure date pursuant to this Section 4.03(a) (and provided written shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such cure failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone to Xxxx X. Xxxxx at telephone no. (000) 000-0000 (or such alternative number provided by the Certificate AdministratorMaster Servicer to the Trustee in writing) by 11:00 a.m.as soon as possible, but in any event before 3:00 p.m., New York City time, on such Distribution Master Servicer Remittance Date. In the event that the Master Servicer fails to make a required P&I Advance hereunderIf, after such notice, the Certificate Administrator shall notify Trustee does not receive the Trustee full amount of such circumstances P&I Advances by 4:30 p.m., the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make, by 10:00 a.m. on the related Distribution Date or in any event by such time as shall be required in order to make the required distribution on such Distribution Date, the portion of such P&I Advance DateAdvances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of Amercia Com Mort Pas Thru Cer Series 2000-2)

P&I Advances. (a) On or before 4:00 1:30 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall make provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy [_________] (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at [_________] or [_________] (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance pursuant to Section 7.05 Date. If the Trustee does not receive the full amount of such P&I Advances by noon10:00 a.m., New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure then, subject to Section 4.03(c), (and provided written notice of such cure to i) the Trustee and the Certificate Administrator) by shall, no later than 11:00 a.m., New York City time, on such related Distribution Date. In Date make the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of on such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 4:00 2:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall shall, subject Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator Trustee for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 3:30 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee shall make such the Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted on such date, then the Trustee shall provide notice of such failure to the Master Servicer by facsimile transmission as soon as possible, but in any event before 4:30 p.m., New York City time, on such P&I Advance Date. If after such notice the Trustee does not receive the full amount of such P&I Advances by 6:00 p.m., New York City time, on such P&I Advance Date, then the Trustee shall (not later than 11:00 a.m., New York City time, on the related Distribution Date) make, and if the Trustee fails to do so, any Fiscal Agent shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make, unless the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the Master Servicer shall have cured such failure (and provided written notice of such cure with respect to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such related Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse Fr Bs Mor Sec Cp Com Mor Ps Th Ce Ser 2001-Ck1)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans either (i) remit to the Certificate Administrator Trustee for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Collection Account or the applicable Serviced Whole Loan Collection Account, as applicable, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances; provided that such amounts in the applicable Serviced Whole Loan Collection Account shall only be applied up to the related Mortgage Loan's pro rata share of the amounts held therein on such date or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the Master Servicer. Any amounts held in the Certificate Collection Account or any Serviced Whole Loan Collection Account, as applicable, for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Collection Account or the applicable Serviced Whole Loan Collection Account, as applicable, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through either (x) the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made or (y) the deposit of Monthly Payments collected prior to the expiration of any applicable grace period that ends after the P&I Advance Determination Date in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Trustee of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution the P&I Advance Determination Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., 1:00 p.m. (New York City time, ) on any P&I Advance Servicer Remittance Date, then the Trustee shall make such P&I Advance pursuant to Section 7.05 7.06 by noon, 12:00 noon (New York City time, ) on the related Distribution Date, in each case unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorTrustee) by 11:00 a.m., a.m. (New York City time, ) on such Distribution DateDate or the Trustee determines that such P&I Advance, if made, would be a Nonrecoverable Advance. In the event that Neither the Master Servicer fails nor the Trustee shall be required to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, Advances on the related P&I Advance Dateany Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (COMM 2006-C7 Mortgage Trust)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans other than a Mortgage Loan included in a Whole Loan, either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. With respect to each Whole Loan, on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the related Whole Loan Custodial Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date on the Mortgage Loan included in such Whole Loan, (ii) subject to the terms of the related Intercreditor Agreement, apply amounts held in the related Whole Loan Custodial Account for future distribution in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the related Whole Loan Custodial Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom and any portion thereof required to be paid to the related Companion Loan Holder in the case of a Whole Loan under the related Intercreditor Agreement) to make such P&I Advances. Any amounts held in the Certificate Account or if a Whole Loan is involved, the related Whole Loan Custodial Account, for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in into the Certificate Account or, if a Whole Loan is involved, the related Whole Loan Custodial Account, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The If, as of 3:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall notify not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate Administrator and documentation related to a determination of (i) nonrecoverability of a P&I Advance), then the aggregate amount Trustee shall provide notice of P&I Advances for such failure to a Distribution Date and (ii) the amount Servicing Officer of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails by facsimile transmission sent to make a required P&I Advance telecopy no. (213) 345-7240 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (800) 462-0505 (or such alternative number provided by the Master Servixxx xx xxx Xxxstee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on any P&I Advance such Master Servicer Remittance Date. If, after such notice, the Trustee shall make does not receive the full amount of such P&I Advance pursuant to Section 7.05 Advances by noon, the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made or the Trustee shall make, by 11:00 a.m. on the related Distribution Date, unless Date or in any event by such time as shall be required to make the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, required distribution on such Distribution Date. In , the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. The making of an Advance by a fiscal agent appointed by the Trustee pursuant to Section 8.06 shall not be an Event of Default with respect to the Trustee. For the avoidance of doubt, neither the Master Servicer nor the Trustee shall be required to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Dateany Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-1)

P&I Advances. (a) On or before 4:00 1:30 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer’s Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall make provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at (000) 000-0000 or (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance pursuant to Section 7.05 Date. If the Trustee does not receive the full amount of such P&I Advances by noon10:00 a.m., New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure then, subject to Section 4.03(c), (and provided written notice of such cure to i) the Trustee and the Certificate Administrator) by shall, no later than 11:00 a.m., New York City time, on such related Distribution Date. In Date make the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of on such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Intercreditor and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2005-C17)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Date, Master Servicer Remittance Date the Master Servicer shall shall, subject to Section 3.04(c), either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Collection Account, the Master Servicer shall use such Late Collections (net of any Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee (i) the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance or (ii) the requisite notice contemplated by Section 3.04(c)), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (404) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. If the Trustee is required in accordance with this Section 4.03(a) to make any P&I Advance pursuant or portion thereof, but fails to Section 7.05 do so by noon10:00 a.m., New York City time, on the related Distribution Date, then, unless the Master Servicer Fiscal Agent determines that such Advance would be a Nonrecoverable P&I Advance if made, the Fiscal Agent shall have cured make such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 P&I Advance not later than 11:30 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunderDate (and, thereby, the Certificate Administrator Trustee shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Datenot be in default under this Agreement).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Capital Funding Inc)

P&I Advances. (a) On or before 4:00 No later than 2:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) . The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall make provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy (704) 715-0036 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at (704) 593-7836 or (704) 593-7867 (or such alternative number provided xx xxx Xxxxxx Serxxxxx xx xxx Xrustee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance pursuant to Section 7.05 Date. If the Trustee does not receive the full amount of such P&I Advances by noon10:00 a.m., New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure then, subject to Section 4.03(c), (and provided written notice of such cure to i) the Trustee and the Certificate Administrator) by shall, no later than 11:00 a.m., New York City time, on such related Distribution Date. In Date make the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of on such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2007-C33)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by the Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the Master Servicer. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of 3:30 p.m. (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, ) on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Certificate Administrator and the Trustee shall make such the Officer’s Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Certificate Administrator shall provide notice of such failure to the Master Servicer by facsimile transmission (at facsimile number: [(000) 000-0000]) and by telephone (at [(000) 000-0000]) as soon as possible, but in any event before 4:30 p.m. (New York City time) on such P&I Advance Date. If after such notice the Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make the portion of such P&I Advances that was required to be, unless but was not, made or remitted, as the case may be, by the Master Servicer shall have cured such failure (and provided written notice of such cure with respect to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such related Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wells Fargo Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 4:00 1:30 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date; provided, however, (i) in the case of the Edgewater Hotel Loan, such amount shall include (A) both the principal and interest portion of the Periodic Payment allocable to the Edgewater Hotel Pooled Component and (B) the interest portion, but not the principal portion, of the Periodic Payment allocable to the Edgewater Hotel Non-Pooled Component, and (ii) apply amounts held in the Certificate Accountcase of the Thousand Oaks Loan, for future distribution such amount shall include (A) both the principal and interest portion of the Periodic Payment allocable to Certificateholders in subsequent months in discharge the Thousand Oaks Pooled Component and (B) the interest portion, but not the principal portion, of any such obligation the Periodic Payment allocable to make P&I Advances or (iii) the Thousand Oaks Non-Pooled Component. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall make provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy (704) 715-0036 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at (704) 593-7836 or (704) 593-7867 (or such alternative number provided xx xxx Xxxxxx Serxxxxx xx xxx Xrustee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance pursuant to Section 7.05 Date. If the Trustee does not receive the full amount of such P&I Advances by noon10:00 a.m., New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure then, subject to Section 4.03(c), (and provided written notice of such cure to i) the Trustee and the Certificate Administrator) by shall, no later than 11:00 a.m., New York City time, on such related Distribution Date. In Date make the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of on such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2005-C16)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees and Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 1:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (215) 682-3478 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (215) 000- 0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 3:00 p.m., New York City time, on such Master Servicer Remittance Date. If after such notice the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the part of the Master Servicer. If the Trustee is required in accordance with this Section 4.03(a) to make any P&I Advance pursuant or portion thereof, but fails to Section 7.05 do so by noon11:30 a.m., New York City time, on the related Distribution Date, then, unless the Master Servicer Fiscal Agent determines that such Advance would be a Nonrecoverable P&I Advance if made, the Fiscal Agent shall have cured make such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 P&I Advance or other advance not later than 11:30 a.m., New York City time, on such Distribution DateDate and, thereby, the Trustee shall not be in default under this Agreement. In The Trustee and the event that Fiscal Agent shall each be entitled to reimbursement of the Master Servicer fails to make a required amount of any P&I Advance hereunder, made thereby from the funds in the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance DateAccount.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Capital Funding Inc)

P&I Advances. (a) On or before 4:00 2:00 p.m., New York City time, on each P&I Advance Date, the each Master Servicer shall shall, subject Section 4.03(c), either (i) remit from its own funds to the Certificate Administrator Trustee for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made by such Master Servicer in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, such Master Servicer's Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by such Master Servicer. Any amounts held in the Certificate either Master Servicer's Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the such Master Servicer’s 's records and replaced by the such Master Servicer by deposit in the Certificate its Collection Account on or before prior to the next succeeding P&I Advance Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 3:30 p.m., New York City time, on any P&I Advance Date, either Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee shall make such the Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 7.05 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Trustee shall provide notice of such failure to such Master Servicer by facsimile transmission as soon as possible, but in any event before 4:30 p.m., New York City time, on such P&I Advance Date. If after such notice the Trustee does not receive the full amount of such P&I Advances by 6:00 p.m., New York City time, on such P&I Advance Date, then the Trustee shall (not later than 11:00 a.m., New York City time, on the related Distribution Date) make, and if the Trustee fails to do so, any Fiscal Agent shall (not later than 12:00 noon, New York City time, on the related Distribution Date) make, unless the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by such Master Servicer shall have cured such failure (and provided written notice of such cure with respect to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such related Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related P&I Advance Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass THR Cert Ser 2001-Ckn5)

P&I Advances. (a) On or before 4:00 1:30 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds (with respect to the 00 Xxxxxxx Xxxxxx Loan, to the extent of both principal and interest allocable to the 00 Xxxxxxx Xxxxxx Pooled Component and, with respect to the 00 Xxxxxxx Xxxxxx Non-Pooled Component, the amount of P&I Advances of interest only, and not principal, allocable to the 00 Xxxxxxx Xxxxxx Non-Pooled Component), an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, Date (iiother than in respect of the Park Place Mall Subordinate Companion Loan) apply amounts held in and to the Certificate Account, for future distribution Class PP Distribution Account with respect to Certificateholders in subsequent months in discharge the amount of any such obligation to make P&I Advances or (iii) of interest only, and not principal, required to be made with respect to the Park Place Mall Subordinate Companion Loan. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall make provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy (704) 715- 0036 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at (000) 000-0000 or (000) 000-0000 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance pursuant to Section 7.05 Date. If the Trustee does not receive the full amount of such P&I Advances by noon10:00 a.m., New York City time, on the related Distribution Date, unless the Master Servicer shall have cured such failure then, subject to Section 4.03(c), (and provided written notice of such cure to i) the Trustee and or the Certificate Administrator) by Fiscal Agent shall, no later than 11:00 a.m., New York City time, on such related Distribution Date. In Date make the event portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply. If the Trustee fails to make a required any such P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related Distribution Date, but the Fiscal Agent makes such P&I Advance Dateon such date, then such failure of the Trustee shall be deemed to be cured.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 4:00 1:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall shall, subject to Section 4.03(c), either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the Mortgage Pool for the related Distribution Date, (ii) apply amounts held in the Certificate Account, Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances Advances, or (iii) make such P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of such P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make such P&I Advances on any Master Servicer Remittance Date are then on deposit in the Collection Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances pursuant to the preceding sentence (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Unless and until the [Separately Serviced Mortgage Loan] Loan Group or any [Separately Serviced Mortgage Loan] REO Property is being serviced and administered in accordance with Article XII, all P&I Advances with respect to the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan are required to be made by the [Separately Serviced Mortgage Loan] Master Servicer shall notify (or in the Certificate Administrator of (i) event the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the [Separately Serviced Mortgage Loan] Master Servicer fails to make do so, and if the [Other CMBS Series PSA] is the [Separately Serviced Mortgage Loan] Servicing Agreement, by the [Other CMBS Series] Trustee), pursuant to, and as and when required by, a required P&I Advance by 4:00 [Separately Serviced Mortgage Loan] Servicing Agreement. If, as of 1:00 p.m., New York City time, on any Master Servicer Remittance Date, neither the [Separately Serviced Mortgage Loan] Master Servicer nor any other party under the [Separately Serviced Mortgage Loan] Servicing Agreement shall have made the portion of any P&I Advance required to be made pursuant to a [Separately Serviced Mortgage Loan] Servicing Agreement that is allocable to the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan (and shall not have delivered to the Master Servicer an officer's certificate and documentation related to a determination of nonrecoverability of a P&I Advance as contemplated by a [Separately Serviced Mortgage Loan] Servicing Agreement), then (subject to Section 4.03(c) below) the Master Servicer shall make the portion of such P&I Advance that was required to be, but was not, made by the [Separately Serviced Mortgage Loan] Master Servicer or any other party under a [Separately Serviced Mortgage Loan] Servicing Agreement by such Master Servicer Remittance Date pursuant to the [Separately Serviced Mortgage Loan] Servicing Agreement and that is allocable to the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan. If the Master Servicer fails to make any such P&I Advance on the related Master Servicer Remittance Date, then the Trustee shall make such P&I Advance on the related Distribution Date in accordance with the last paragraph of this Section 4.03(a). If the Master Servicer shall not have received, by 1:00 p.m. (New York City time) on any Master Servicer Remittance Date, any remittance required to be made under a [Separately Serviced Mortgage Loan] Servicing Agreement with respect to the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan on or before such date in the subject calendar month (whether in the form of a P&I Advance or the pass-through of collections), then the Master Servicer shall, subject to a determination of recoverability, advance the amount of such required remittance on such Master Servicer Remittance Date insofar as such remittance constitutes or relates to a Monthly Payment or Assumed Monthly Payment with respect to the [Separately Serviced Mortgage Loan] or any [Separately Serviced Mortgage Loan] REO Loan. Such advance shall be deemed to be a P&I Advance for all purposes hereunder; provided that no interest shall accrue with respect to such P&I Advance pursuant to Section 7.05 4.03(d) so long as the required remittance is received by noonthe Master Servicer on such Master Servicer Remittance Date in time for the Master Servicer to reinvest the funds from such remittance. If, as of 1:00 p.m., New York City time, on the related Distribution any Master Servicer Remittance Date, unless the Master Servicer shall not have cured made any P&I Advance required to be made with respect to any Mortgage Loan or successor REO Loan on such failure date pursuant to this Section 4.03(a) (and provided written shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted on such date, then the Trustee shall provide notice of such cure failure to the Trustee and the Certificate Administrator) by 11:00 a.m.Master Servicer, before 5:00 p.m., New York City time, on such Distribution Master Servicer Remittance Date. In the event that the Master Servicer fails to make a required P&I Advance hereunderIf, after such notice, the Certificate Administrator shall notify Trustee does not receive the Trustee full amount of such circumstances P&I Advances by 4:30 p.m., 11:00 a.m. (New York City time, ) on the related Distribution Date, then the Trustee, unless it determines that such Advance would be a Nonrecoverable P&I Advance if made, shall (from its own funds) deposit in the Distribution Account the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 4:00 2:00 p.m., New York City Houston time, on each P&I Advance Servicer Remittance Date, the Master Servicer shall either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). With respect to the Pari Passu Loan and the Related Trust Fund Mortgage Loan, and the Servicing Retained Mortgage Loan and the Servicing Retained Paired Mortgage Loan, P&I Advances will be allocated on the basis specified in the definitions of "Appraised Value." The Master Servicer shall notify the Certificate Administrator Trustee and the Fiscal Agent and the holder of the Pari Passu Loan (or the servicer designated by such holder) by a certificate of the Servicing Officer of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, and (ii) the aggregate amount of P&I Advances for a Distribution Date on or before two (2) Business Days prior to such Distribution the P&I Advance Determination Date. If the Master Servicer fails to make a required P&I Advance by 4:00 2:00 p.m., New York City Houston time, on any P&I Advance Servicer Remittance Date, an Event of Default as set forth in clause (a)(i) of Section 7.01 shall occur and the Trustee shall make such P&I Advance pursuant to Section 7.05, and if the Trustee fails to make such P&I Advance by 11:00 a.m., Houston time, on such Distribution Date, the Fiscal Agent shall make such P&I Advance pursuant to Section 7.05 by noonthe close of business, New York City Houston time, on the related Distribution Date, unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator Paying Agent shall notify the Trustee and the Fiscal Agent of such circumstances by 4:30 p.m., New York City time, 3:00 p.m. Houston time on the related P&I Advance Servicer Remittance Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Inc)

P&I Advances. (a) On or before 4:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans (including, for this purpose, the ShopKo Portfolio Mortgage Loan) either (i) remit to the Certificate Administrator Trustee for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in its Collection Account or the Certificate applicable Serviced Whole Loan Collection Account, as applicable, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances; provided that such amounts in the applicable Serviced Whole Loan Collection Account shall only be applied up to the related Mortgage Loan's pro rata share of the amounts held therein on such date or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be mademade by the Master Servicer. Any amounts held in the Certificate Collection Account or any Serviced Whole Loan Collection Account, as applicable, for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Collection Account or the applicable Serviced Whole Loan Collection Account, as applicable, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator Trustee of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution the P&I Advance Determination Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., 1:00 p.m. (New York City time, ) on any P&I Advance Servicer Remittance Date, then the Trustee shall make such P&I Advance pursuant to Section 7.05 7.06 by noon, 12:00 noon (New York City time, ) on the related Distribution Date, in each case unless the Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorTrustee) by 11:00 a.m., a.m. (New York City time, ) on such Distribution DateDate or the Trustee determines that such P&I Advance, if made, would be a Nonrecoverable Advance. In the event that Neither the Master Servicer fails nor the Trustee shall be required to make a required P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, Advances on the related P&I Advance Dateany Companion Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CD 2006-Cd3 Mortgage Trust)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans (other than the Fashion Show Mall Mortgage Loan, as to which P&I Advances will be made by the Fashion Show Master Servicer pursuant to the Fashion Show Mall Pooling Agreement or by the Trustee pursuant to this Section 4.03(a)) other than a Mortgage Loan included in a Whole Loan, either (i) remit to the Certificate Administrator for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the Certificate Account, Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances. With respect to each Whole Loan (or, with respect to any A/B Whole Loan, only the related Mortgage Loan), on each Master Servicer Remittance Date, the Master Servicer shall either (i) deposit into the related Whole Loan Custodial Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date on such Whole Loan, (ii) apply amounts held in the related Whole Loan Custodial Account for future distribution in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the related Whole Loan Custodial Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom and any portion thereof required to be paid to any Companion Loan Noteholder under any Intercreditor Agreement) to make such P&I Advances. Any amounts held in the Certificate Account or if a Whole Loan is involved, the related Whole Loan Custodial Account, for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in into the Certificate Account or, if a Whole Loan is involved, the related Whole Loan Custodial Account, on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The If, as of 3:00 p.m., New York City time, on any Master Servicer Remittance Date, the Master Servicer shall notify not have made any P&I Advance required to be made (other than a P&I Advance with respect to a Companion Loan) on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate Administrator and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (213) 345-7240 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (800) 462-0505 (or such alternative number provided by the Master Servixxx xx xxx Xxxstee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such Master Servicer Remittance Date. If, after such notice, the Trustee does not receive the full amount of such P&I Advances by the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the aggregate amount Trustee or the Fiscal Agent determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee or the Fiscal Agent shall make, by 11:00 a.m. on the Distribution Date or in any event by such time as shall be required to make the required distribution on such Distribution Date, the portion of such P&I Advances for a Distribution that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the amount part of the Master Servicer. None of the Master Servicer, the Trustee or the Fiscal Agent shall be required to make a P&I Advance on any Nonrecoverable Companion Loan or on the CP Component Mortgage Loan Subordinate Component. The parties hereto agree and acknowledge that the Master Servicer shall not be required to make P&I Advances for such Distribution Datewith respect to the Fashion Show Mall Mortgage Loan. The Fashion Show Mall Master Servicer will be required to make P&I Advances with respect to the Fashion Show Mall Mortgage Loan under the Fashion Show Mall Pooling Agreement, on or before two (2) Business Days prior to such Distribution Date. If if the Fashion Show Mall Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Datewith respect to the Fashion Show Mall Mortgage Loan pursuant to the Fashion Show Mall Intercreditor Agreement and the Fashion Show Mall Pooling Agreement, the Fashion Show Mall Trustee shall make such P&I Advance pursuant to Section 7.05 the Fashion Show Mall Pooling Agreement by noon, New York City time, on the related Distribution Date, Date unless the Master Servicer or the Fashion Show Mall Master Servicer pursuant to the Fashion Show Mall Intercreditor Agreement and the Fashion Show Mall Pooling Agreement shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorTrustee) by 11:00 a.m.a.m. on such Distribution Date. The parties hereto agree and acknowledge that the Trustee shall be required to make P&I Advances with respect to the Fashion Show Mall Mortgage Loan under the following circumstances: If the Fashion Show Mall Master Servicer and/or the Fashion Show Mall Trustee is required to make a P&I Advance with respect to the Fashion Show Mall Mortgage Loan under the Fashion Show Mall Pooling Agreement but neither does so by noon, New York City time, on such the related Distribution Date. In , then the event that Trustee shall give notice to the Fashion Show Mall Master Servicer fails to make a required P&I Advance hereunderServicer, the Certificate Administrator shall notify Fashion Show Mall Special Servicer and/or the Trustee Fashion Show Mall Trustee, as the case may be, of such circumstances by 4:30 failure. If, as of 1:00 p.m., New York City time, on the related Distribution Date, the Fashion Show Mall Master Servicer or the Fashion Show Mall Trustee shall not have made such P&I Advance, then unless the Trustee or the Fiscal Agent determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee or the Fiscal Agent shall make, by 2:00 p.m. on such Distribution Date, such P&I Advance. In connection with any P&I Advance not timely made by the Fashion Show Mall Master Servicer or the Fashion Show Mall Trustee, the Trustee and the Fiscal Agent will not be liable or held responsible for any resulting delay (or claims by DTC resulting therefrom) in the making of any distribution to Certificateholders. In addition, if the Trustee incurs out-of-pocket expenses, despite reasonable efforts to avoid or mitigate such expenses, as a consequence of the Fashion Show Mall Master Servicer or the Fashion Show Mall Trustee failing to make such P&I Advance, the Trustee will be entitled to reimbursement from the Trust Fund.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2005-2)

P&I Advances. (a) On or before 4:00 p.m., New York City time, on each P&I Advance Date, the applicable Master Servicer shall either (i) remit to the Certificate Administrator Paying Agent for deposit into the Lower-Tier REMIC Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date, (ii) apply amounts held in the its Certificate Account, for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be made. Any amounts held in the applicable Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer’s 's records and replaced by the such Master Servicer by deposit in the Certificate Account on or before the next succeeding P&I Advance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or interest in respect of which such P&I Advances were made). The Each Master Servicer shall notify the Certificate Administrator Paying Agent of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) 2 Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Trustee shall make such P&I Advance pursuant to Section 7.05 by noon, New York City time, on the related Distribution Date, unless the such Master Servicer shall have cured such failure (and provided written notice of such cure to the Trustee and the Certificate AdministratorPaying Agent) by 11:00 a.m., New York City time, a.m. on such Distribution Date. In the event that the any Master Servicer fails to make a required P&I Advance hereunder, the Certificate Administrator Paying Agent shall notify the Trustee of such circumstances by 4:30 p.m., p.m. (New York City time, ) on the related P&I Advance Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-Cibc19)

P&I Advances. (a) On or before 4:00 2:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall either (ishall, subject to Section 4.03(c) remit below, satisfy its obligations to make any required P&I Advances with respect to the Certificate Administrator for deposit into the Lower-Tier REMIC related Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made Date in respect of the related Distribution DateMortgage Pool (other than the UBS Warburg Building Loan Pair), (ii) apply first, by transferring to the Trustee for deposit in the Collection Account amounts then held in the Certificate Account, Pool Custodial Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation obligations, and second, by remitting its own funds to make the Trustee for deposit in a Collection Account in an amount equal to the remaining portion of such required P&I Advances or (iii) make P&I Advances in the form of any combination of (i) and (ii) aggregating the total amount of P&I Advances to be madeAdvances. Any amounts held in the Certificate Pool Custodial Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer’s 's records and replaced by the Master Servicer by deposit in the Certificate Pool Custodial Account on or before the next succeeding P&I Advance Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and/or and interest in respect of which such P&I Advances were made). The Master Servicer shall notify the Certificate Administrator If, as of (i) the aggregate amount of P&I Advances for a Distribution Date and (ii) the amount of any Nonrecoverable P&I Advances for such Distribution Date, on or before two (2) Business Days prior to such Distribution Date. If the Master Servicer fails to make a required P&I Advance by 4:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Trustee shall make provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (704) 593-7735 (or such alternative number provided by the Master Servicer to the Trustee in writing) and by telephone at telephone no. (000) 000-0000 or (704) 593-7821 (or such alternative number provided by the Master Servicer to the Trustee in writing) as soon as possible, but in any event before 5:00 p.m., New York City time, on such P&I Advance pursuant to Section 7.05 Date. If after such notice by noonfacsimile, the Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, unless then the Trustee (or the Fiscal Agent on its behalf) shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer shall have cured on such failure (and provided written notice of such cure to P&I Advance Date. If the Trustee and the Certificate Administrator) by 11:00 a.m., New York City time, on such Distribution Date. In the event that the Master Servicer fails to make a required any such P&I Advance hereunder, the Certificate Administrator shall notify the Trustee of such circumstances by 4:30 p.m., New York City time, on the related Distribution Date, but the Fiscal Agent makes such P&I Advance Dateon such date, then the Trustee shall be deemed not to be in default hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Securities Corp)

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