Common use of The Controlling Class Representative Clause in Contracts

The Controlling Class Representative. (a) Subject to Section 6.11(b), the Controlling Class Representative will be entitled to advise the Special Servicer with respect to the following actions of the Special Servicer with respect to the Trust Mortgage Loans and any REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property), and notwithstanding anything herein to the contrary except as necessary or advisable to avoid an Adverse REMIC Event and except as set forth in, and in any event subject to, Section 6.11(b), the Special Servicer will not be permitted to take (or permit the Master Servicer to take) any of the following actions with respect to the Trust Mortgage Loans and any REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property) as to which the Controlling Class Representative has objected in writing within 10 Business Days of being notified in writing thereof, which notification with respect to the action described in clauses (vi) and (viii) below shall be copied by the Special Servicer to the Master Servicer (provided that if such written objection has not been received by the Special Servicer within such 10 Business Day period, then the Controlling Class Representative's approval will be deemed to have been given):

The Controlling Class Representative. (a) Subject to Section 6.11(b), the Controlling Class Representative will be entitled to advise the Special Servicer with respect to the following actions of the Special Servicer with respect to the Trust Mortgage Loans and any REO Properties (exclusive of other than the Westchester Glendale Galleria Trust Mortgage Loan or any related Loan Combination REO Property, as to which the provisions of Section 6.12 shall apply), and notwithstanding anything herein to the contrary except as necessary or advisable to avoid an Adverse REMIC Event and except as set forth in, and in any event subject to, Section 6.11(b), the Special Servicer will not be permitted to take (or permit the Master Servicer to take) any of the following actions with respect to the Trust Mortgage Loans and any REO Properties (exclusive of other than the Westchester Glendale Galleria Trust Mortgage Loan or any related Loan Combination REO Property, as to which the provisions of Section 6.12 shall apply) as to which the Controlling Class Representative has objected in writing within 10 Business Days of being notified in writing thereof, which notification with respect to the action described in clauses (vi) and (viii) below shall be copied by the Special Servicer to the Master Servicer (provided that if such written objection has not been received by the Special Servicer within such 10 Business Day period, then the Controlling Class Representative's approval will be deemed to have been given):

The Controlling Class Representative. (a) Subject to Section 6.11(b), the Controlling Class Representative will be entitled to advise the Special Servicer with respect to the following actions of the Special Servicer with respect to the Serviced Trust Mortgage Loans and any Administered REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property)Properties, and notwithstanding anything herein to the contrary except as necessary or advisable to avoid an Adverse REMIC Event and except as set forth in, and in any event subject to, Section 6.11(b), the Special Servicer will not be permitted to take (or permit the Master Servicer to take) any of the following actions with respect to the Serviced Trust Mortgage Loans and any Administered REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property) as to which the Controlling Class Representative has objected in writing within 10 Business Days of being notified in writing thereof, which notification with respect to the action described in clauses (vi) and (viii) below shall be copied by the Special Servicer to the Master Servicer (provided that if such written objection has not been received by the Special Servicer within such 10 Business Day period, then the Controlling Class Representative's approval will be deemed to have been given):

The Controlling Class Representative. (a) Subject to Section 6.11(b), the Controlling Class Representative will be entitled to advise the Special Servicer with respect to the following actions of the Special Servicer with respect to the Trust Mortgage Loans and any REO Properties (exclusive of the Westchester Great Mall Trust Mortgage Loan or any related REO Property), and notwithstanding anything herein to the contrary except as necessary or advisable to avoid an Adverse REMIC Event and except as set forth in, and in any event subject to, Section 6.11(b), the Special Servicer will not be permitted to take (or permit the Master Servicer to take) any of the following actions with respect to the Trust Mortgage Loans and any REO Properties (exclusive of the Westchester Great Mall Trust Mortgage Loan or any related REO Property) as to which the Controlling Class Representative has objected in writing within 10 ten Business Days of being notified in writing thereof, which notification with respect to the action described in clauses (vi) and (viii) below shall be copied by the Special Servicer to the Master Servicer (provided that if such written objection has not been received by the Special Servicer within such 10 ten Business Day period, then the Controlling Class Representative's approval will be deemed to have been given):

The Controlling Class Representative. (a) Subject to Section 6.11(b), the Controlling Class Representative will be entitled to advise the Special Servicer with respect to the following actions of the Special Servicer with respect to the Serviced Trust Mortgage Loans (excluding the Xxxxxx Farms Plaza Loan Combination) and any Administered REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property)Properties, and notwithstanding anything herein to the contrary contrary, except as necessary or advisable to avoid an Adverse REMIC Event and except as set forth in, and in any event subject to, Section 6.11(b), the Special Servicer will not be permitted to take (or permit the applicable Master Servicer to take) any of the following actions with respect to the Serviced Trust Mortgage Loans and any Administered REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property) as to which the Controlling Class Representative has objected in writing within 10 Business Days of being notified in writing thereof, which notification with respect to the action described in clauses (vi) and (viii) below shall be copied by the Special Servicer to the applicable Master Servicer (provided that if such written objection has not been received by the Special Servicer within such 10 Business Day period, then the Controlling Class Representative's approval will be deemed to have been given):

The Controlling Class Representative. (a) Subject to Section 6.11(b)) and the rights of any Loan Combination Controlling Party pursuant to the related Loan Combination Co-Lender Agreement to direct and advise the Special Servicer, the Controlling Class Representative will be entitled to advise the Special Servicer with respect to the following actions of the Special Servicer with respect to the Serviced Trust Mortgage Loans and any Administered REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property)Properties, and notwithstanding anything herein to the contrary contrary, except as necessary or advisable to avoid an Adverse REMIC Event and except as set forth in, and in any event subject to, Section 6.11(b), the Special Servicer will not be permitted to take (or permit the applicable Master Servicer to take) any of the following actions with respect to the Serviced Trust Mortgage Loans and any Administered REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property) as to which the Controlling Class Representative has objected in writing within 10 Business Days of being notified in writing thereof, which notification with respect to the action described in clauses (vi) and (viii) below shall be copied by the Special Servicer to the applicable Master Servicer (provided that if such written objection has not been received by the Special Servicer within such 10 Business Day period, then the Controlling Class Representative's approval will be deemed to have been given):

The Controlling Class Representative. (a) Subject to Section 6.11(b)6.12 of this Agreement and the terms of the [DEF] Co-Lender Agreement, in the case of the [DEF] Loan Combination or any related REO Property, and subject to Section 6.13 of this Agreement and the terms of the [GHI] Co-Lender Agreement, in the case of the [GHI] Loan Combination or any related REO Property, and subject to Section 6.14 of this Agreement, in the case of the [ABC] Mortgage Loan or any related REO Property during a Class [XXX] Control Period, the Controlling Class Representative will be entitled to advise the Special Servicer with respect to the following actions of the Special Servicer with respect to the Trust Mortgage Loans and any REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property)Servicer, and notwithstanding anything herein to the contrary except as necessary or advisable to avoid an Adverse REMIC Event or the violation of the Servicing Standard and except as set forth in, and in any event subject to, the second paragraph of this Section 6.11(b6.11(a), the Special Servicer will not be permitted to take (or permit the Master Servicer to take) any of the following actions with respect to the Trust Mortgage Loans and any REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property) as to which the Controlling Class Representative has objected in writing within 10 ten Business Days of being notified in writing thereof, which notification with respect to the action described in clauses clause (vi) and (viii) below shall be copied by the Special Servicer to the Master Servicer (provided that that, if such written objection has not been received by the Special Servicer within such 10 ten Business Day period, then the Controlling Class Representative's approval will be deemed to have been given):

The Controlling Class Representative. (a) Subject to Section 6.11(b), the Controlling Class Representative will be entitled to advise the Special Servicer with respect to the following actions of the Special Servicer with respect to the Serviced Trust Mortgage Loans and any Administered REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property)Properties, and notwithstanding anything herein to the contrary except as necessary or advisable to avoid an Adverse REMIC Event and except as set forth in, and in any event subject to, Section 6.11(b), the Special Servicer will not be permitted to take (or permit the applicable Master Servicer to take) any of the following actions with respect to the Serviced Trust Mortgage Loans and any Administered REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property) as to which the Controlling Class Representative has objected in writing within 10 Business Days of being notified in writing thereof, which notification with respect to the action described in clauses (vi) and (viii) below shall be copied by the Special Servicer to the applicable Master Servicer (provided that if such written objection has not been received by the Special Servicer within such 10 Business Day period, then the Controlling Class Representative's approval will be deemed to have been given):

The Controlling Class Representative. (a) Subject to Section 6.11(b)6.12 of this Agreement and the terms of the WellPoint Co-Lender Agreement, in the case of the WellPoint Loan Combination or any related REO Property, the Controlling Class Representative will be entitled to advise the Special Servicer with respect to the following actions of the Special Servicer with respect to the Trust Mortgage Loans and any REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property)Servicer, and notwithstanding anything herein to the contrary except as necessary or advisable to avoid an Adverse REMIC Event or the violation of the Servicing Standard and except as set forth in, and in any event subject to, the second paragraph of this Section 6.11(b6.11(a), the Special Servicer will not be permitted to take (or permit the Master Servicer to take) any of the following actions with respect to the Trust Mortgage Loans and any REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property) as to which the Controlling Class Representative has objected in writing within 10 ten (10) Business Days of being notified in writing thereofthereof and having received the information reasonably necessary to make an informed decision with respect thereto, which notification with respect to the action described in clauses clause (vi) and (viii) below shall be copied by the Special Servicer to the applicable Master Servicer (provided that that, if such written objection has not been received by the Special Servicer within such 10 ten (10) Business Day period, then the Controlling Class Representative's approval will be deemed to have been given):): 238

The Controlling Class Representative. (a) Subject to Section 6.11(b)Sections 6.12 and 6.13 of this Agreement and the terms of the related Co-Lender Agreement, in the case of the Serviced Loan Combinations, the Controlling Class Representative will be entitled to advise the Special Servicer with respect to the following actions of the Special Servicer with respect to the Trust Mortgage Loans and any REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property)Servicer, and notwithstanding anything herein to the contrary except as necessary or advisable to avoid an Adverse REMIC Event or the violation of the Servicing Standard and except as set forth in, and in any event subject to, the second paragraph of this Section 6.11(b6.11(a), the Special Servicer will not be permitted to take (take, or permit consent to the applicable Master Servicer to take) taking, any of the following actions with respect to the Trust Mortgage Loans and any REO Properties (exclusive of the Westchester Trust Mortgage Loan or any related REO Property) as to which the Controlling Class Representative has objected in writing within 10 ten (10) Business Days of being notified in writing thereofthereof and having received the information reasonably necessary to make an informed decision with respect thereto, which notification with respect to the action described in clauses clause (vi) and (viii) below shall be copied by the Special Servicer to the applicable Master Servicer (provided that that, if such written objection has not been received by the Special Servicer within such 10 ten (10) Business Day period, then the Controlling Class Representative's approval will be deemed to have been given):

The Controlling Class Representative. (a) Subject to Section 6.11(b), the Controlling Class Representative will be entitled to advise the Special Servicer with respect to the following actions of the Special Servicer with respect to the Trust Mortgage Loans and any REO Properties (exclusive of other than the Westchester Trust Mortgage Stonestown Mall Loan or Combination and any related Loan Combination REO Property, as to which the provisions of Section 6.12 shall apply), and notwithstanding anything herein to the contrary except as necessary or advisable to avoid an Adverse REMIC Event and except as set forth in, and in any event subject to, Section 6.11(b), the Special Servicer will not be permitted to take (or permit the applicable Master Servicer to take) any of the following actions with respect to the Trust Mortgage Loans and any REO Properties (exclusive of other than the Westchester Trust Mortgage Stonestown Mall Loan or Combination and any related Loan Combination REO Property, as to which the provisions of Section 6.12 shall apply) as to which the Controlling Class Representative has objected in writing within 10 Business Days of being notified in writing thereof, which notification with respect to the action described in clauses (vi) and (viii) below shall be copied by the Special Servicer to the applicable Master Servicer (provided that if such written objection has not been received by the Special Servicer within such 10 Business Day period, then the Controlling Class Representative's approval will be deemed to have been given):