Examples of Note A-11 Holder in a sentence
The Agent may be terminated at any time upon ten (10) days prior written notice from the Note A-1-1 Holder.
All notices and reports (including, without limitation, Asset Status Reports) required to be delivered hereunder by the Note A-1-1 Holder (or the Servicer on its behalf) to the Note B Holder (or its Note B Holder Representative), or by the Note B Holder (or its Note B Holder Representative) to the Note A-1-1 Holder (or the Servicer on its behalf), shall also be delivered by the applicable party to the Note B Holder.
Upon the delivery of the Noteholder Purchase Notice to each Senior Note, each Senior Note Holder shall sell (and the Note B Holder shall purchase) the Senior Notes (including, without limitation, any Notes therein) at the applicable Defaulted Mortgage Loan Purchase Price, on a date (the “Defaulted Note Purchase Date”) not less than ten (10) and not more than thirty (30) days after the date of the Noteholder Purchase Notice, as shall be established by the Note A-1-1 Holder.
Subject to the provisions of Section 5(f) hereof, each Non-Controlling Note Holder, the Note B-1 Holder and the Note B-2 Holder further agrees that only the Note A-1-1 Holder, as a creditor, can make any election, give any consent, commence any action or file any motion, claim, obligation, notice or application or take any other action in any case by or against the Mortgage Loan Borrower under the Bankruptcy Code or in any other Insolvency Proceeding.
Similarly, if the Note A-1-1 Holder is the Controlling Noteholder, the rights of the Non-Lead Securitization Note Holder shall be exercisable by a controlling class representative or directing holder as set forth in the Non-Lead Servicing Agreement.
The originals of all of the Mortgage Loan Documents (other than the Notes) will be held by the Note A-1-1 Holder (or a custodian acting on behalf of the Note A-1-1 Holder) on behalf of the registered holders of the Notes.
The Note A-1-1 Holder (or the Servicer acting on behalf of the Note A-1-1 Holder) shall not have any fiduciary duty to the Non-Controlling Note Holder, the Note B-1 Holder or the Note B-2 Holder in connection with the administration of the Mortgage Loan (but the foregoing shall not relieve the Note A-1-1 Holder from the obligation to make any disbursement of funds as set forth herein).
Each Non-Controlling Note Holder, the Note B-1 Holder and the Note B-2 Holder in its capacity as such, hereby agrees that, upon the request of the Note A-1-1 Holder, such Non-Controlling Note Holder, Note B-1 Holder or Note B-2 Holder, as applicable, shall execute, acknowledge and deliver to the Note A-1-1 Holder all and every such further deeds, conveyances and instruments as the Note A-1-1 Holder may reasonably request for the better assuring and evidencing of the foregoing appointment and grant.
If the Note A-1-1 Holder is the Controlling Noteholder, no Controlling Noteholder Representative shall be appointed and the rights of the Note A-1-1 Holder exercisable by the Controlling Class Representative shall be as set forth in the Servicing Agreement.
The Defaulted Mortgage Loan Purchase Price shall be calculated by the Note A-1-1 Holder (or the Servicer on its behalf) three (3) Business Days prior to the Defaulted Note Purchase Date (and such calculation shall be accompanied by a listing of all amounts included in the Defaulted Mortgage Loan Purchase Price), and shall, absent manifest error, be binding upon the Note B Holder.