Defeasance Costs. If any Mortgage Loan permits defeasance, then the related Mortgage Loan documents provide that the related Borrower is responsible for the payment of all reasonable costs and expenses incurred by the related mortgagee.
Defeasance Costs. If the Mortgage Loan permits defeasance, then the mortgage loan documents related to such Mortgage Loan require (a) the borrower to pay all rating agency fees associated with defeasance and all other out-of-pocket expenses associated with defeasance such as accountant's fees and opinions of counsel, or (b) that the borrower provide a REMIC opinion, an opinion regarding the first priority perfected security interest in the defeasance collateral, rating agency letters certifying no rating qualification or downgrade on any securities, and accountant certification that all payments from the defeasance collateral are sufficient to make monthly principal and interest payments on such Mortgage Loan through maturity.
Defeasance Costs. If any Mortgage Loan permits defeasance, then the related Mortgage Loan Documents provide that the related Borrower is responsible for the payment of all reasonable costs and expenses incurred by the related mortgagee, including Rating Agency fees.
Defeasance Costs. If the Mortgage Loan permits defeasance, then the mortgage loan documents related to such Mortgage Loan require (a) the borrower to pay all rating agency fees associated with defeasance and all other out-of-pocket expenses associated with defeasance such as accountant's fees and opinions of counsel, or (b) that the borrower provide a REMIC opinion, an opinion regarding the first priority perfected security interest in the defeasance collateral, rating agency letters certifying no rating qualification or downgrade on any securities, and accountant certification that all payments from the defeasance collateral are sufficient to make monthly principal and interest payments on such Mortgage Loan through maturity. It is understood and agreed that the representations and warranties set forth in this Exhibit C shall survive delivery of the respective Mortgage Files to the Purchaser and/or the Trustee and shall inure to the benefit of the Purchaser, and its successors and assigns (including without limitation the Trustee and the holders of the Certificates), notwithstanding any restrictive or qualified endorsement or assignment. SCHEDULE C-1 to EXHIBIT C EXCEPTIONS TO REPRESENTATIONS AND WARRANTIES
Defeasance Costs. If the Mortgage Loan permits defeasance, then the mortgage loan documents related to such Mortgage Loan require (a) the borrower to pay all rating agency fees associated with defeasance and all other out-of-pocket expenses associated with defeasance such as accountant's fees and opinions of counsel, or (b) that the borrower provide a REMIC opinion, an opinion regarding the first priority perfected security interest in the defeasance collateral, rating agency letters certifying no rating qualification or downgrade on any securities, and accountant certification that all payments from the defeasance collateral are sufficient to make monthly principal and interest payments on such Mortgage Loan through maturity. It is understood and agreed that the representations and warranties set forth in this Exhibit B shall survive delivery of the respective Mortgage Files to the Purchaser, the Depositor and/or the Trustee and shall inure to the benefit of the Purchaser, and its successors and assigns (including without limitation the Depositor, the Trustee and the holders of the Certificates), notwithstanding any restrictive or qualified endorsement or assignment. SCHEDULE B-1 to EXHIBIT B EXCEPTIONS TO REPRESENTATIONS AND WARRANTIES XLIV SINGLE PURPOSE ENTITY The related Mortgagor is not a single purpose bankruptcy remote entity. Loan Number Property Issue ----------- -------- ----- 20971 Bladensburg Shopping Center Borrower is not an SPE 21111 Corners Shopping Center Borrower is not an SPE 00000 Xxxxxxx Xxxxxx XX Borrower is not an SPE 24168 Shoppes at Kiln Creek Borrower is not an SPE 00000 Xxxxxx Xxxxxxx Xxxxx XX Borrower is not an SPE 24654 Stonegate Apartments Borrower is not an SPE 24714 Carousel Ranch MHP Borrower is not an SPE 24869 Gardena Village SC Borrower is not an SPE 24948 Advance Auto Parts Borrower is not an SPE 25134 Sunset Pointe Apartments Borrower is not an SPE 25373 0000 X. 00xx Xxxxxx Apartments Borrower is not an SPE 25798 Universal Shoppes Borrower is not an SPE 25814 Xxxxx Xxxxxx Valley Retail Borrower is not an SPE 00000 Xxxx Xxxxxxxx Xxxx. Retail Borrower is not an SPE 26456 Sierra Xxxxxxx Apartments Borrower is not an SPE
Defeasance Costs. At Closing, Defeasance Costs shall be allocated and paid as provided in Section 7(a) above.
Defeasance Costs. 1501 Green Road The loan agreement provides that the 0000-0000 NW 40th Court processing fee payable to lender for its 0000 X. Xxxxxline Road administrative costs is subject to a $5,000 cap.
Defeasance Costs. The Company shall prepare a schedule setting forth an itemized list of any and all Defeasance Costs (the “Defeasance Costs Annex”), in a manner consistent with Annex 6 attached hereto
Defeasance Costs. The term “Defeasance Costs” shall mean all costs and fees incurred or payable in order to accomplish and complete the Defeasance (including but not limited to the Defeasance Fee, the Defeasance Collateral Cost, and all costs and fees of Lender).
Defeasance Costs. Loan No. 4 (Radisson Mart Plaza Hotel) - the representation is true and accurate except that the Borrower is not required to provide a REMIC opinion in connection with defeasance.
