Note B-5 definition

Note B-5 shall have the meaning assigned to such term in the recitals.

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Note B-5 means the promissory note designated as Note B-5 in the table in the second paragraph of the recitals.

Note B-5 means that certain Amended and Restated Promissory Note B-5, dated March 6, 2022, as the same may be amended, modified, supplemented extended, restated or replaced, and shall include any replacement promissory notes issued in respect thereof.

Examples of Note B-5 in a sentence

• The originals of all of the Mortgage Loan Documents (other than the original of each Non-Lead Note A and the original Note B-1, the original Note B-2, the original Note B-3, the original Note B-4, the original Note B-5 and the original Note B-6, but including copies of such Notes) will be held (a) prior to the Note A Securitization, by the Initial Agent (or a custodian on its behalf) and (b) after the Note A Securitization, by the Trustee or other applicable Person under the Servicing Agreement.

• MSMCH transferred (i) Note B-1 to the Note B-1 Holder, (ii) Note B-2 to the Note B-2 Holder, (iii) Note B-3 to the Note B-3 Holder, (iv) Note B-4 to the Note B-4 Holder, (v) Note B-5 to the Note B-5 Holder and (vi) Note B-6 to the Note B-6 Holder.

• The foregoing provisions of this Section 19(a) shall not limit the right of a Note B Holder or any Affiliate thereof to be the Special Servicer or to exercise its rights as Controlling Holder under this Agreement or any comparable rights of any Holder of Note B-1, Note B-2, Note B-3, Note B-4, Note B-5 or Note B-6, as applicable, under the Servicing Agreement.

• The Holders acknowledge and agree that the Mortgage Loan represents a single “claim” under Section 101 of the Bankruptcy Code, and no Note B Holder shall be a separate creditor of the Mortgage Loan Borrower under the Bankruptcy Code, or that if Note B-1, Note B-2, Note B-3, Note B-4, Note B-5 or Note B-6, as applicable, is construed to represent a single or separate such “claim,” that the Holder of such Note shall be deemed to have assigned such claim to the Lead Note A Holder.

• All amounts allocable to Note B pursuant to Section 3 or Section 4, including any Appraisal Reduction Amounts and Realized Principal Losses, shall be applied by the Servicer to Note B-1, Note B-2, Note B-3, Note B-4, Note B-5 and Note B-6 on a Pro Rata and Pari Passu Basis.

• It is hereby acknowledged that such forms have been received by the Servicer as of the date hereof with respect to each of the Initial Note B-1 Holder, Initial Note B-2 Holder, Initial Note B-3 Holder, Initial Note B-4 Holder, Initial Note B-5 Holder and Initial Note B-6 Holder.

• Each of the Note B Holders assumes all risk of loss in connection with the portion of Note B held by it (i.e., Note B-1, Note B-2, Note B-3, Note B-4, Note B-5 and Note B-6, as applicable) for reasons other than gross negligence, willful misconduct or breach of this Agreement by the Note A Holders or Agent or the or negligence, willful misconduct or bad faith or breach of the Servicing Agreement by the Servicer or the Trustee.

More Definitions of Note B-5

Note B-5. ““Note B-5” shall mean that certain Replacement, Amended and Restated Promissory Note B-5, dated as of May 1, 2020, in the principal amount of THREE HUNDRED TWENTY ONE MILLION SIX HUNDRED TWENTY EIGHT THOUSAND FIFTY FIVE AND 60/100 DOLLARS ($321,628,055.60), made by Borrower in favor of Citi and any replacement or split notes made by Borrower in favor of Citi, as each of the same may be further amended, restated, replaced, supplemented or otherwise modified from time to time.”

Note B-5 means the Note bearing the designation “B-5”.

Note B-5 means that certain Promissory Note B-5, dated the date hereof, in the principal amount of $57,840,000.00, made by Borrower in favor of Barclays Bank Plc, as the same may be amended, restated, replaced, split, severed, supplemented or otherwise modified from time to time.

Note B-5 means that certain Promissory Note B-5 of even date herewith in the principal amount of $7,790,015, made by Borrower in favor of MS, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time.