Common use of Modifications, Waivers, Amendments and Consents Clause in Contracts

Modifications, Waivers, Amendments and Consents. (a) The Master Servicer and the Special Servicer each may agree to any modification, waiver or amendment of any term of, forgive interest on and principal of, capitalize interest on, permit the release, addition or substitution of collateral securing, and/or permit the release of the Mortgagor on or any guarantor of any Mortgage Loan it is required to service and administer hereunder, without the consent of the Trustee or any Certificateholder, subject, however, to each of the following limitations, conditions and restrictions:

Appears in 7 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)

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Modifications, Waivers, Amendments and Consents. (a) The Special Servicer may, consistent with the Servicing Standard (but the Master Servicer and the Special Servicer each may not) agree to any modification, waiver or amendment of any term of, forgive interest (including, without limitation, Default Interest and late payment fees) on and principal of, capitalize interest on, permit the release, addition or substitution of collateral securing, and/or permit the release of the Mortgagor on or any guarantor of any Mortgage Loan it is required to service and administer hereunder, without the consent of the Trustee any other party hereto or any Certificateholder, subject, however, to each of the following limitations, conditions and restrictions:

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (DLJ Commercial Mortgage Corp), Pooling and Servicing Agreement (Criimi Mae CMBS Corp), Pooling and Servicing Agreement (Criimi Mae CMBS Corp)

Modifications, Waivers, Amendments and Consents. (a) The Special Servicer may, consistent with the Servicing Standard (but the Master Servicer and the Special Servicer each may not) agree to any modification, waiver or amendment of any term of, forgive interest (including, without limitation, Default Interest and late payment fees) on and principal of, capitalize interest on, permit the release, addition or substitution of collateral securing, and/or permit the release of the Mortgagor on or any guarantor of any Mortgage Loan it is required to service and administer hereunder, without the consent of the Trustee any other party hereto or any CertificateholderBondholder, subject, however, to each of the following limitations, conditions and restrictions:

Appears in 3 contracts

Samples: Servicing and Administration Agreement (Criimi Mae CMBS Corp), Servicing and Administration Agreement (Criimi Mae CMBS Corp), Servicing and Administration Agreement (Structured Asset Securities Corp Series 1997 Ll I)

Modifications, Waivers, Amendments and Consents. (a) The Master Servicer and the Special Servicer each may agree to any modification, waiver or amendment of any term of, forgive interest on and principal of, capitalize interest on, permit the release, addition or substitution of collateral securing, and/or permit the release of the Mortgagor on or any guarantor of any Mortgage Loan it is required to service and administer hereunder, without the consent of the Trustee or or, except as contemplated by clause (ii) below, any Certificateholder, subject, however, to each of the following limitations, conditions and restrictions:

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)

Modifications, Waivers, Amendments and Consents. (a) The Master Servicer and the Special Servicer each may agree to any modification, waiver or amendment of any term of, forgive interest on and principal of, capitalize interest on, permit the release, addition or substitution of collateral securing, and/or permit the release of the Mortgagor on or any guarantor of any Mortgage Loan it is required to service and administer hereunder, without the consent of the Trustee or any Certificateholder, subject, however, to each of the following limitations, conditions and restrictions:: 109

Appears in 1 contract

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

Modifications, Waivers, Amendments and Consents. (a) The Master Servicer Property Manager and the Special Servicer each may may, consistent with the Servicing Standard, agree to any modification, waiver or amendment of any term of, forgive interest on and principal of, capitalize interest any payment on, permit the release, addition or substitution of collateral securing, and/or and permit the release of the Mortgagor Obligor on or any guarantor of Guarantor of, any Lease or Mortgage Loan it is required to service and administer hereunder, without the consent of the Trustee Insurers, the Issuer, the Indenture Trustee, any holder of Notes or any CertificateholderControlling Party, subject, however, subject to each of the following limitations, conditions and restrictions:

Appears in 1 contract

Samples: Property Management Agreement (Spirit Finance Corp)

Modifications, Waivers, Amendments and Consents. (a) The Master Servicer Property Manager and the Special Servicer each may may, consistent with the Servicing Standard, agree to any modification, waiver or amendment of any term of, forgive interest on and principal of, capitalize interest any payment on, permit the release, addition or substitution of collateral securing, and/or and permit the release of the Mortgagor Obligor on or any guarantor of Guarantor of, any Lease or Mortgage Loan it is required to service and administer hereunder, without the consent of the Trustee Insurers, the Issuers, the Indenture Trustee, any holder of Notes or any CertificateholderControlling Party, subject, however, subject to each of the following limitations, conditions and restrictions:

Appears in 1 contract

Samples: Management and Servicing Agreement (Spirit Finance Corp)

Modifications, Waivers, Amendments and Consents. (a) The Master Servicer and the Special Servicer each may agree to any modification, waiver or amendment of any term of, forgive interest on and principal of, capitalize interest on, permit the release, addition or substitution of collateral securing, and/or permit the release of the Mortgagor on or any guarantor of any Mortgage Loan it is required to service and administer hereunder, without the consent of the Trustee or any Certificateholder, subject, however, to each of the following limitations, conditions and restrictions:: 122

Appears in 1 contract

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

Modifications, Waivers, Amendments and Consents. (a) The Master Special Servicer and the Special Master Servicer each may agree to any modification, waiver or amendment of any term of, forgive interest on and principal of, capitalize interest on, permit the release, addition or substitution of collateral securing, and/or permit the release of the Mortgagor on or any guarantor of any Mortgage Loan it is required to service and administer hereunder, without the consent of the Trustee or or, except as contemplated by clause (i) and clause (iii) below, any Certificateholder, subject, however, to each of the following limitations, conditions and restrictions:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc)

Modifications, Waivers, Amendments and Consents. (a) The Master Servicer and the Special Servicer each may agree to any modification, waiver or amendment of any term of, forgive interest on and principal of, capitalize interest on, permit the release, addition or substitution of collateral securing, and/or permit the release of the Mortgagor on or any guarantor of any Mortgage Loan (including the Xxxxxxxx Fashion Center A/B Loan) it is required to service and administer hereunder, without the consent of the Trustee or any Certificateholder, subject, however, to each of the following limitations, conditions and restrictions:

Appears in 1 contract

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

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Modifications, Waivers, Amendments and Consents. (a) The Master Servicer and the Special Servicer each may may, consistent with the Servicing Standard, agree to any modification, waiver or amendment of any term of, forgive or defer the payment of interest on and principal of, capitalize interest on, permit the release, addition or substitution of collateral securing, and/or permit the release of the Mortgagor on or any guarantor of any Mortgage Loan it is required to service and administer hereunder, without the consent of the Trustee or or, except as contemplated by clause (ii) below, any Certificateholder, subject, however, to each of the following limitations, conditions and restrictions:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Capital Funding Inc)

Modifications, Waivers, Amendments and Consents. (a) The Master Servicer and the Special Servicer each may agree to any modification, waiver or amendment of any term of, forgive interest on and principal of, capitalize interest on, permit the release, addition or substitution of collateral securing, and/or permit the release of the Mortgagor on or any guarantor of any Mortgage Loan or Companion Loan it is required to service and administer hereunder, without the consent of the Trustee or any CertificateholderCertificateholder (and, in the case of the Companion Loan, the Companion Lender), subject, however, to each of the following limitations, conditions and restrictions:

Appears in 1 contract

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

Modifications, Waivers, Amendments and Consents. (a) The Master Servicer and the Special Servicer each may agree to any modification, waiver or amendment of any term of, forgive interest on and principal of, capitalize interest on, permit the release, addition or substitution of collateral securing, and/or permit the release of the Mortgagor on or any guarantor of any Mortgage Loan or Loan Group it is required to service and administer hereunder, without the consent of the Trustee or Trustee, any Certificateholder, subject, however, to each of the following limitations, conditions and restrictions:

Appears in 1 contract

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

Modifications, Waivers, Amendments and Consents. (a) The Master Servicer and the Special Servicer each may agree to any modification, waiver or amendment of any term of, forgive interest on and principal of, capitalize interest on, permit the release, addition or substitution of collateral securing, and/or permit the release of the Mortgagor on or any guarantor of any Mortgage Loan or any Serviced Companion Loan it is required to service and administer hereunder, without the consent of the Trustee or any Certificateholder, subject, however, to each of the following limitations, conditions and restrictions:

Appears in 1 contract

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

Modifications, Waivers, Amendments and Consents. (a) The Master Servicer and the Special Servicer each may agree to any modification, waiver or amendment of any term of, forgive interest on and principal of, capitalize interest on, permit the release, addition or substitution of collateral securing, and/or permit the release of the Mortgagor on or any guarantor of any Mortgage Loan or any Serviced Companion Loan it is required to service and administer hereunder, without the consent of the Trustee or any Certificateholder, subject, however, to Section 3.29(b) and each of the following limitations, conditions and restrictions:

Appears in 1 contract

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

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