Common use of Successors and Assigns; Beneficiaries Clause in Contracts

Successors and Assigns; Beneficiaries. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto, and all such provisions shall inure to the benefit of the Certificateholders. Each Companion Loan Noteholder and any designees thereof acting on behalf of or exercising the rights of such Companion Loan Noteholder shall be third-party beneficiaries to this Agreement with respect to their rights as specifically provided for herein. Except as specifically contemplated by Sections 3.22, 3.24, 6.03 and 8.05, no other person, including, without limitation, any Mortgagor, shall be entitled to any benefit or equitable right, remedy or claim under this Agreement.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2005-2), Pooling and Servicing Agreement (Commercial Mortgage Pass Through Certificates Series 2003-1), Pooling and Servicing Agreement (Banc of America Commercial Mort. Pass Thr. Certs SER 2004-3)

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Successors and Assigns; Beneficiaries. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors and permitted assigns of the parties hereto, and all such provisions shall inure to the benefit of the Certificateholders. Each Serviced Companion Loan Noteholder Holder and any designees thereof acting on behalf of or exercising the rights of such Serviced Companion Loan Noteholder Holder shall be third-party beneficiaries to this Agreement with respect to their rights as specifically provided for herein. Except as specifically contemplated by Sections 3.22, 3.24, 6.03 and 8.05, no No other person, including, without limitation, any Mortgagor, shall be entitled to any benefit or equitable right, remedy or claim under this Agreement.

Appears in 3 contracts

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

Successors and Assigns; Beneficiaries. (a) The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto, and all such provisions shall inure to the benefit of the Certificateholders. Each Companion Loan Noteholder Holder (and any designees thereof acting on behalf of or exercising the rights of such Companion Loan Noteholder Holder) shall be third-party beneficiaries to this Agreement with respect to their rights as specifically provided for hereinherein and may directly enforce such rights. Except as specifically contemplated by Sections Section 3.22, Section 3.24, Section 6.03 and Section 8.05, no other person, including, without limitation, any Mortgagor, shall be entitled to any benefit or equitable right, remedy or claim under this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2007-5), Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2008-Ls1)

Successors and Assigns; Beneficiaries. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns of and, as third party beneficiaries (with all right to enforce the obligations hereunder intended for their benefit as if a party hereto), the Underwriters, the Designated Sub-Servicers and the non-parties heretoreferred to in Sections 6.03 and 8.05, and all such provisions shall inure to the benefit of the Certificateholders. Each Companion The B Loan Noteholder and any designees thereof acting on behalf of or exercising the rights of such Companion Loan Noteholder shall be Holders are each an intended third-party beneficiaries to this Agreement with beneficiary in respect to their of the rights as specifically provided for hereinafforded it hereunder. Except as specifically contemplated by Sections 3.22, 3.24, 6.03 and 8.05, no No other person, including, without limitation, including any MortgagorBorrower, shall be entitled to any benefit or equitable right, remedy or claim under this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CSFB Mortgage Sec Corp Comm Mort Pass THR Cert Ser 2003-Cnp1)

Successors and Assigns; Beneficiaries. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto, and all such provisions shall inure to the benefit of the Certificateholders. Each Companion Loan Noteholder Holder and any designees thereof acting on behalf of or exercising the rights of such Companion Loan Noteholder Holder and the Class A-SBFL Swap Counterparty shall be third-party beneficiaries to this Agreement with respect to their rights as specifically provided for hereinherein and may directly enforce such rights. Except as specifically contemplated by Sections 3.22, 3.24, 6.03 and 8.05, no other person, including, without limitation, any Mortgagor, shall be entitled to any benefit or equitable right, remedy or claim under this Agreement.

Appears in 1 contract

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

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Successors and Assigns; Beneficiaries. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors and permitted assigns of the parties hereto, and all such provisions shall inure to the benefit of the Certificateholders. Each Serviced Companion Loan Noteholder Holder and Serviced B Note Holder and any designees thereof acting on behalf of or exercising the rights of such Serviced Companion Loan Noteholder Holder or Serviced B Note Holder shall be thirdThird-party Party beneficiaries to this Agreement with respect to their rights as specifically provided for herein. Except as specifically contemplated by Sections 3.22, 3.24, 6.03 and 8.05, no No other person, including, without limitation, any Mortgagor, shall be entitled to any benefit or equitable right, remedy or claim under this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GMAC Commercial Mortgage Securities, Inc. Series 2006-C1 Trust)

Successors and Assigns; Beneficiaries. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors and permitted assigns of the parties hereto, and all such provisions shall inure to the benefit of the Certificateholders. Each Serviced Companion Loan Noteholder Holder, each Serviced B Note Holder and any designees thereof acting on behalf of or exercising the rights of such Serviced Companion Loan Noteholder Holder or Serviced B Note Holder shall be third-party beneficiaries to this Agreement with respect to their rights as specifically provided for herein. Except as specifically contemplated by Sections 3.22, 3.24, 6.03 and 8.05, no No other person, including, without limitation, any Mortgagor, shall be entitled to any benefit or equitable right, remedy or claim under this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GMAC Commercial Mortgage Securities Inc. Series 2004-C2)

Successors and Assigns; Beneficiaries. The provisions of this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto, and all such provisions shall inure to the benefit of the Certificateholders. Each The Companion Loan Noteholder Holder related to a Whole Loan and any designees thereof acting on behalf of or exercising the rights of such Companion Loan Noteholder Holder shall be third-party beneficiaries to this Agreement with respect to their rights as specifically provided for hereinherein and may directly enforce such rights. Except as specifically contemplated by Sections 3.22, 3.24, 6.03 and 8.05, no other person, including, without limitation, any Mortgagor, shall be entitled to any benefit or equitable right, remedy or claim under this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Commercial Mortgage Inc., Series 2006-6)

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