Common use of Servicing of the Mortgage Loan Clause in Contracts

Servicing of the Mortgage Loan. (a) Until the Lead Securitization Date, Note A-1 and Note A-2 shall be serviced in accordance with the terms of this Agreement and under an interim servicing arrangement as directed by the Note A-1 Holder. Notwithstanding anything to the contrary herein, prior to the Lead Securitization Date, the Controlling Note Holder shall consult with each Non-Controlling Note Holder prior to implementing any Major Decision with respect to the Mortgage Loan. In the event of any conflict between the terms of this Agreement and any of the interim servicing arrangements, this Agreement shall control.

Appears in 6 contracts

Samples: Co Lender Agreement (BBCMS Mortgage Trust 2024-C24), Co Lender Agreement (MSWF Commercial Mortgage Trust 2023-2), Co Lender Agreement (BMO 2023-C6 Mortgage Trust)

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Servicing of the Mortgage Loan. (a) Until the Lead Securitization Date, Note A-1 A-1-1, Note A-1-2 and Note A-2 shall be serviced in accordance with the terms of this Agreement and under an interim servicing arrangement as directed by the Note A-1 A-1-1 Holder. Notwithstanding anything to the contrary herein, prior to the Lead Securitization Date, the Controlling Note Holder shall consult with each Non-Controlling Note Holder prior to implementing any Major Decision with respect to the Mortgage Loan. In the event of any conflict between the terms of this Agreement and any of the interim servicing arrangements, this Agreement shall control.

Appears in 2 contracts

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

Servicing of the Mortgage Loan. (a) Until the Lead Securitization Date, Note A-1 A-1, Note A-2 and Note A-2 A-3 shall be serviced in accordance with the terms of this Agreement and under an interim servicing arrangement as directed by the Note A-1 Holder. Notwithstanding anything to the contrary herein, prior to the Lead Securitization Date, the Controlling Note Holder shall consult with each Non-Controlling Note Holder prior to implementing any Major Decision with respect to the Mortgage Loan. In the event of any conflict between the terms of this Agreement and any of the interim servicing arrangements, this Agreement shall control.

Appears in 2 contracts

Samples: Co Lender Agreement (MSWF Commercial Mortgage Trust 2023-1), Co Lender Agreement (MSWF Commercial Mortgage Trust 2023-2)

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Servicing of the Mortgage Loan. (a) Until Prior to the Lead Securitization Date, the Note A-1 and Note A-2 shall Holders agree to cause the Mortgage Loan to be serviced in accordance with the terms of this Agreement and under an interim servicing arrangement as directed by the Note A-1 Holderwith KeyBank, and KeyBank shall perform custodial responsibilities. Notwithstanding anything to the contrary herein, prior to the Lead Securitization Date, the Controlling Note Holder shall consult with each the Non-Controlling Note Holder prior to implementing any Major Decision with respect to the Mortgage Loan. In the event of any conflict between the terms of this Agreement and any of the interim servicing arrangementsagreement, this Agreement shall control.

Appears in 2 contracts

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

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