Common use of P&I Advances Clause in Contracts

P&I Advances. (a) On or before 2:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Union National Bank Com Mort Pas THR Cert Ser 2002 C1)

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P&I Advances. (a) On or before 2:00 1:00 p.m., New York City time, on each P&I Advance Date, the each Master Servicer shall shall, subject to SECTION 4.03(c), either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent Trustee for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made by such Master Servicer in respect of the related Distribution Date. The , (ii) apply amounts held in such Master Servicer may also Servicer's Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be mademade by such Master Servicer. Any amounts held in the Certificate either Master Servicer's Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the such Master Servicer's records and replaced by the such Master Servicer by deposit in the Certificate its Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 3:30 p.m., New York City time, on any P&I Advance Date, the either Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section SECTION 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to SECTION 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the such Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 4:30 p.m., New York City time, on such P&I Advance Date. If after such notice the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m.6:00 p.m., New York City time, on such P&I Advance Date, then the Trustee (or any Fiscal Agent on its behalf) shall (not later than 12:00 noon, New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the such Master Servicer on such P&I Advance with respect to the related Distribution Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

P&I Advances. (a) On or before 2:00 1:30 p.m., New York City time, on each P&I Advance Date, the each Master Servicer shall (i) apply amounts in the Certificate its Collection Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent Certificate Administrator for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made by the subject Master Servicer in respect of the related Distribution Date. The Each Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be mademade by the subject Master Servicer. Any amounts held in the Certificate a Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer's records and replaced by the applicable Master Servicer by deposit in the Certificate such Collection Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., New York City time, on any P&I Advance Date, the a Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the such Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 0000, in the case of Master Servicer No. 1, (000) 000-0000, in the case of Master Servicer No. 2, and (000) 000-0000, respectively, in the case of Master Servicer No. 3 (or such alternative numbers number provided by the any Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704000) 500000-0000, in the case of Master Servicer No. 1, (000) 000-0000 or (000) 000-0000, in the case of Master Servicer No. 2, and (000) 000-0000, respectively, in the case of Master Servicer No. 3 (or such alternative numbers number provided by the any Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Certificate Administrator does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Trustee (or a Fiscal Agent shall notify the Trustee and the Trustee on its behalf) shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the defaulting Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply. If the Trustee fails to make any such P&I Advance on the related Distribution Date, but any Fiscal Agent makes such P&I Advance on such date, then the Trustee shall be deemed not to be in default hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Trust 2007-C6)

P&I Advances. (a) On or before 2:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall (i) apply amounts held in the Certificate Account received after the end of Determination Date with respect to the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances Advances, or (ii) if such amounts are insufficient to discharge such obligation, subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000704) 000383-0000 and (000) 000-0000, respectively, 9356 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, 0000 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

P&I Advances. (a) On or before 2:00 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer (or an Alternate Advancer pursuant to Section 4.03(f)) shall (i) apply amounts held in the Certificate Account received after the end of Determination Date with respect to the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances Advances, or (ii) if such amounts are insufficient to discharge such obligation, subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 2:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, 0000 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 3:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

P&I Advances. (a) On or before 2:00 1:30 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000704) 000715-0000 and (000) 000-0000, respectively, 0036 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500593-0000 and 7836 or (000704) 000593-0000, respectively, 7867 (or such alternative numbers number provided by the Master Servicer and the Trustee to the Paying Agent xx xxx Xxxxxx Serxxxxx xx xxx Xrustee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2005-C22)

P&I Advances. (a) On or before 2:00 1:30 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000704) 000715-0000 and (000) 000-0000, respectively, 0036 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500593-0000 and 7836 or (000704) 000593-0000, respectively, 7867 (or such alternative numbers number provided by the Master Servicer and the Trustee to the Paying Agent xx xxx Xxxxxx Servxxxx xx xxx Xxustee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2006-C25)

P&I Advances. (a) On or before No later than 2:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000704) 000715-0000 and (000) 000-0000, respectively, 0036 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500593-0000 and 7836 or (000704) 000593-0000, respectively, 7867 (or such alternative numbers number provided by the Master Servicer and the Trustee to the Paying Agent xx xxx Xxxxxx Serxxxxx xx xxx Xrustee in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2007-C33)

P&I Advances. (a) On or before No later than 2:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's ’s Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, 0000 or (000) 000-0000 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Distribution Instructions (Wachovia Bank Commercial Mortgage Trust Series 2007-C34)

P&I Advances. (a) On or before 2:00 1:30 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall (i) apply amounts in the Certificate Collection Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent Trustee for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master 183 Servicer's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, 0000 or (000) 000-0000 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Trustee (or a Fiscal Agent shall notify the Trustee and the Trustee on its behalf) shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply. If the Trustee fails to make any such P&I Advance on the related Distribution Date, but any Fiscal Agent makes such P&I Advance on such date, then the Trustee shall be deemed not to be in default hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Trust 2006-C4)

P&I Advances. (a) On or before 2:00 1:30 p.m., New York City time, on each P&I Advance Date, the each Master Servicer shall (i) apply amounts in the Certificate its Collection Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent Certificate Administrator for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made by the subject Master Servicer in respect of the related Distribution Date. The Each Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be mademade by the subject Master Servicer. Any amounts held in the Certificate a Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer's records and replaced by the applicable Master Servicer by deposit in the Certificate such Collection Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., New York City time, on any P&I Advance Date, the a Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the such Master Servicer and the Trustee by facsimile transmission sent to telecopy (000704) 000715-0000 0036, in the case of Master Servicer No. 1, (913) 253-9000, xx xxx xxxx of Master Servicer No. 2, and (000215) 000328-0000, respectively, xx xxx case of Master Servicer No. 3 (or such alternative numbers alterxxxxxx xxxxxx provided by the any Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500593-0000 and 7768, in the case of Master Servicer No. 1, (913) 253-9000 xx (000) 000-9400, in the case of Master Servicer No. 0, xxx (000) 328-0000, respectively, xx xxx case of Master Servicer No. 3 (or such alternative numbers alterxxxxxx xxxxxx provided by the any Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Certificate Administrator does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Trustee (or a Fiscal Agent shall notify the Trustee and the Trustee on its behalf) shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the defaulting Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply. If the Trustee fails to make any such P&I Advance on the related Distribution Date, but any Fiscal Agent makes such P&I Advance on such date, then the Trustee shall be deemed not to be in default hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (CD 2007-Cd4 Commercial Mortgage Trust)

P&I Advances. (a) On or before 2:00 1:30 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account Account, an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's ’s Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, 0000 or (000) 000-0000 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.. 191

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Wachovia Bank Commercial Mortgage Trust Series 2006-C24)

P&I Advances. (a) On or before 2:00 1:00 p.m., New York City timeXxx Xxxx Xxxx xxme, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall shall, subject Section 4.03(c), either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent Trustee for deposit into the Lower-Tier Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made by the Master Servicer in respect of the Mortgage Pool for the related Distribution Date. The Master Servicer may also , (ii) apply amounts held in the Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of such P&I Advances to be made. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances in respect of the Mortgage Pool shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 3:30 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made by it in respect of the Mortgage Pool on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I Advance)Advance pursuant to Section 4.03(c) or to the actual knowledge of a Responsible Officer of the Trustee shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the such Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 5:00 p.m., New York City time, on such P&I Advance Master Servicer Remittance Date. If after such notice the Paying Agent Trustee does not receive the full amount of such P&I Advances in respect of the Mortgage Pool by 10:00 11:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify then the Trustee and the Trustee shall, no shall (not later than 11:00 a.m.12:00 noon, New York City time, on such the related Distribution Date Date) make the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the such Master Servicer on such with respect to the related Distribution Date, provided that no Master Servicer, Special Servicer or the Trustee shall make any P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall applywith respect to any B Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse Commercial Mortgage Trust Series 2006-C3)

P&I Advances. (a) On or before 2:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans, either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also , (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of ; provided that if Late Collections of any of the delinquent principal and and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances were made)Advances. If, as of 3:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's ’s Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, no. [_______________] (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, no. [_______________] (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Master Servicer Remittance Date. If If, after such notice, the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make, by 11:00 a.m. on the related Distribution Date or in any event by such time as shall be required to make the required distribution on such Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the provisions part of Sections 7.01 and 7.02 shall applythe Master Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Merrill Lynch Commercial Mortgage Inc.)

P&I Advances. (a) On or before 2:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall (ishall, subject to Section 4.03(c) apply amounts below, satisfy its obligations to make P&I Advances with respect to the related Distribution Date in respect of the Mortgage Pool, first, by transferring to the Trustee for deposit in the Certificate Collection Account received after amounts then held in the end of the related Collection Period or otherwise held Custodial Account for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) belowsuch obligations, remit from and second, by remitting its own funds to the Paying Agent Trustee for deposit into the Distribution in a Collection Account in an amount equal to the aggregate amount remaining portion of such required P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Custodial Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Custodial Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 4:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy no. (000214) 000237-0000 and (000) 000-0000, respectively, 2040 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone no. (704) 500-0000 and (000000 ) 000-0000, respectively, 0000 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 5:00 p.m., New York City time, on such P&I Advance Date. If after such notice by facsimile, the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify then the Trustee and (or the Trustee shall, no later than 11:00 a.m., New York City time, Fiscal Agent on such related Distribution Date its behalf) shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date. If the Trustee fails to make any such P&I Advance on the related Distribution Date, and (ii) but the provisions of Sections 7.01 and 7.02 Fiscal Agent shall applymake such P&I Advance on such date, then the Trustee shall be deemed not to be in default hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass-Through Certificates Series 2000-C4)

P&I Advances. (a) On or before 2:00 1:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) shall, subject to Section 4.03(c) below, either (i) remit from its own funds to the Paying Agent Trustee for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also , (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). IfIf the Trustee does not receive, as of 3:00 p.m.or there is not deposited in the Distribution Account, on or before 4:00 p.m. New York City time, on any P&I Advance Date, the Master Servicer shall not have made any full amount of P&I Advance Advances, if any, required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to in respect of the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance)Distribution Date, then the Paying Agent Trustee promptly shall provide notice of such failure thereof to a Servicing Officer of the Master Servicer and Servicer. If after such notice the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent does not receive the full amount of such P&I Advances by 10:00 a.m., 5:00 p.m. New York City time, Time on such P&I Advance Date for the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) then the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Salomon Brothers Mortgage Securities Vii Inc)

P&I Advances. (a) On or before 2:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the Master Servicer shall (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) shall, subject to Section 4.03(c), either (i) below, remit from its own funds to the Paying Agent Certificate Administrator for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made by the Master Servicer in respect of the related Distribution Date. The Master Servicer may also , (ii) apply amounts held in the Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be mademade by the Master Servicer. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's ’s records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., 3:30 p.m. (New York City time, ) on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee Certificate Administrator and the Paying Agent Trustee the requisite Officer's ’s Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Paying Agent Certificate Administrator shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and at facsimile number: [(000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing]) and by telephone (at telephone (704) 500-0000 and [(000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing]) as soon as possible, but in any event before 4:00 p.m., 4:30 p.m. (New York City time, ) on such P&I Advance Date. If after such notice the Paying Agent Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m.a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the Master Servicer on such P&I Advance with respect to the related Distribution Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

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

P&I Advances. (a) On or before 2:00 1:30 p.m., New York City time, on each P&I Advance Date, the each Master Servicer shall (i) apply amounts in the Certificate its Collection Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent Certificate Administrator for deposit into the Distribution Account an amount equal to the aggregate amount of P&I 000 xxx xxxxxxxxx xxxxxx xx X&X Advances, if any, to be made by the subject Master Servicer in respect of the related Distribution Date. The Each Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be mademade by the subject Master Servicer. Any amounts held in the Certificate a Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer's records and replaced by the applicable Master Servicer by deposit in the Certificate such Collection Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., New York City time, on any P&I Advance Date, the a Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the such Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 0000, in the case of Master Servicer No. 1, and (000) 000-0000, respectively, in the case of Master Servicer No. 2 (or such alternative numbers number provided by the either Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectivelyin the case of Master Servicer No. 1, and (000) 000-0000 or (000) 000-0000, in the case of Master Servicer No. 2 (or such alternative numbers number provided by the either Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Certificate Administrator does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Trustee (or a Fiscal Agent shall notify the Trustee and the Trustee on its behalf) shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the defaulting Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply. If the Trustee fails to make any such P&I Advance on the related Distribution Date, but any Fiscal Agent makes such P&I Advance on such date, then the Trustee shall be deemed not to be in default hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Trust 2006-C5)

P&I Advances. (a) On or before 2:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the each Master Servicer shall (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) shall, subject to Section 4.03(c), either (i) below, remit from its own funds to the Paying Agent Certificate Administrator for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made by such Master Servicer in respect of the related Distribution Date. The , (ii) apply amounts held in such Master Servicer may also Servicer's Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating -242- the total amount of P&I Advances to be mademade by such Master Servicer; provided, that the Master Servicer shall give preference to amounts in clause (ii) of this sentence for purposes of making P&I Advances. Any amounts held in the Certificate either Master Servicer's Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the such Master Servicer's records and replaced by the such Master Servicer by deposit in the Certificate its Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., 3:30 p.m. (New York City time, ) on any P&I Advance Date, the either Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee Certificate Administrator and the Paying Agent Trustee the requisite Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Paying Agent Certificate Administrator shall provide notice of such failure to a Servicing Officer of the such Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., 4:30 p.m. (New York City time, ) on such P&I Advance Date. If after such notice the Paying Agent Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee and the Fiscal Agent (but in any event before 10:00 a.m.a.m. (New York City time) and the Trustee (or the Fiscal Agent on its behalf) shall (not later than 12:00 noon, New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by such Master Servicer with respect to the related Distribution Date. Notwithstanding the foregoing, all P&I Advances with respect to the 1290 Avenue of the Americas Pooled Mortgage Loan or any 1290 Avenue of the Americas REO Pooled Mortgage Loan are required to be made by the 1290 Avenue of the Americas Master Servicer pursuant to, and as and when required by, the 1290 Avenue of the Americas Servicing Agreement and/or the 1290 Avenue of the Americas Intercreditor Agreement. If, as of 11:00 a.m., New York City time, on any Master Servicer Remittance Date, the 1290 Avenue of the Americas Master Servicer shall not have advanced the portion of any P&I Advance required to be made pursuant to the 1290 Avenue of the Americas Servicing Agreement that is allocable to the 1290 Avenue of the Americas Pooled Mortgage Loan or any 1290 Avenue of the Americas REO Pooled Mortgage Loan (and shall not have delivered to the Master Servicer an officer's certificate and documentation related to a determination of nonrecoverability of a P&I Advance as contemplated by the 1290 Avenue of the Americas Servicing Agreement), then (subject to Section 4.03(c) below) the applicable Master Servicer shall make the portion of such P&I Advance that was required to be, but was not, made by the 1290 Avenue of the Americas Master Servicer on such Master Servicer Remittance Date pursuant to the 1290 Avenue of the Americas Servicing Agreement and that is allocable to the 1290 Avenue of the Americas Pooled Mortgage Loan or any successor REO Pooled Mortgage Loan with respect thereto. If the applicable Master Servicer fails to make any such P&I Advance on the related Master Servicer Remittance Date, and then (iisubject to Section 4.03(c) below) the provisions of Sections 7.01 and 7.02 Trustee or, if it fails to do so, the Fiscal Agent, shall applymake such P&I Advance on the related Distribution Date.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prudential Securities Sec Fin Corp Com Mort Tr 2003 Pwr1)

P&I Advances. (a) On or before 2:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall shall, subject to Section 4.03(c) below, satisfy its obligations to make any required P&I Advances with respect to the related Distribution Date in respect of the Mortgage Pool (i) apply amounts other than the Split Mortgage Loans or any successor REO Mortgage Loans with respect thereto), first, by transferring to the Trustee for deposit in the Certificate Distribution Account received after amounts then held in the end of the related Collection Period or otherwise held Pool Custodial Account for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) belowsuch obligations, remit from and second, by remitting its own funds to the Paying Agent Trustee for deposit into the in a Distribution Account in an amount equal to the aggregate amount remaining portion of such required P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Pool Custodial Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Pool Custodial Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 4:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy no. (000704) 000593-0000 and (000) 000-0000, respectively, 7740 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone no. (704) 500593-0000 and 7682 or (000) 000-0000, respectively, 0000 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 5:00 p.m., New York City time, on such P&I Advance Master Servicer Remittance Date. If after such notice by facsimile, the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 11:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify then the Trustee and (or the Trustee shall, no later than 11:00 a.m., New York City time, Fiscal Agent on such related Distribution Date its behalf) shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date. If the Trustee fails to make any such P&I Advance on the related Distribution Date, and (ii) but the provisions of Sections 7.01 and 7.02 Fiscal Agent makes such P&I Advance on such date, then the Trustee shall applybe deemed not to be in default hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenwich Capital Commercial Fund Corp Comm Mort Tr 2003-C1)

P&I Advances. (a) On or before 2:00 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall (i) apply amounts held in the Certificate Account received after the end of Determination Date with respect to the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances Advances, or (ii) if such amounts are insufficient to discharge such obligation, subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 4:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (no. 000) -000-0000 and (000) 000-0000, respectively, (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500no. 000-000-0000 and (000) 000-0000, respectively, (or such alternative numbers number provided -120- by the Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 5:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m.4:00 p.m., New York City time, on the related Distribution such P&I Advance Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on the Distribution Date immediately following such related Distribution P&I Advance Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, Date and (ii) the provisions of Sections 7.01 and 7.02 shall apply. If the Trustee fails to make any P&I Advance required to be made under this Section 4.03(a), the Fiscal Agent shall, subject to Section 4.03(c), make such P&I Advance not later than 2:00 p.m., New York City time, on such Distribution Date and, if the Fiscal Agent makes such P&I Advance the Trustee shall not be in default under this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

P&I Advances. (a) On or before 2:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the each Master Servicer shall (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) shall, subject to Section 4.03(c), either (i) below, remit from its own funds to the Paying Agent Certificate Administrator for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made by such Master Servicer in respect of the related Distribution Date. The , (ii) apply amounts held in such Master Servicer may also Servicer's Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be mademade by such Master Servicer. Any amounts held in the Certificate either Master Servicer's Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the such Master Servicer's records and replaced by the such Master Servicer by deposit in the Certificate its Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., 3:30 p.m. (New York City time, ) on any P&I Advance Date, the either Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee Certificate Administrator and the Paying Agent Trustee the requisite Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Paying Agent Certificate Administrator shall provide notice of such failure to a Servicing Officer of the such Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., 4:30 p.m. (New York City time, ) on such P&I Advance Date. If after such notice the Paying Agent Certificate Administrator does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.Advances

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Sec Tr 2002-Pbw1)

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P&I Advances. (a) On or before 2:00 1:30 p.m., New York City timeNex Xxxx Xxxx xxxx, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) shall, subject to Section 4.03(c), either (i) below, remit from its own funds to the Paying Agent Trustee for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made by the Master Servicer in respect of the Mortgage Pool for the related Distribution Date. The Master Servicer may also , (ii) apply amounts held in the Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of such P&I Advances to be mademade by the Master Servicer. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances in respect of the Mortgage Pool shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 3:30 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made by it in respect of the Mortgage Pool on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or, to the actual knowledge of a Responsible Officer of the Trustee, shall not have remitted any other amounts required to be remitted by the Master Servicer on such date, then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 5:00 p.m., New York City time, on such P&I Advance Master Servicer Remittance Date. If after such notice the Paying Agent Trustee does not receive the full amount of such P&I Advances in respect of the Mortgage Pool by 10:00 11:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify then the Trustee and the Trustee shall, no shall (not later than 11:00 a.m.12:00 noon, New York City time, on such the related Distribution Date Date) make the portion of such P&I Advances in respect of the Mortgage Pool that was required to be, but was not, made or remitted, as the case may be, by the Master Servicer on such P&I Advance with respect to the related Distribution Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse Commercial Mortgage Trust Series 2006-C2)

P&I Advances. (a) On or before 2:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall (i) apply amounts held in the Certificate Account received after the end of Determination Date with respect to the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances Advances, or (ii) if such amounts are insufficient to discharge such obligation, subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) -000-0000 and (000) 000-0000, respectively, (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500000-000-0000 and (000) 000-0000, respectively, (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Commercial Mortgage Pass THR Cert Ser 1998-C2)

P&I Advances. (a) On or before 2:00 1:00 p.m., New York City timeNex Xxxx Xxxx xxxx, on each P&I Advance Date, the each Master Servicer shall (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) shall, subject to Section 4.03(c), either (i) below, remit from its own funds to the Paying Agent Trustee for deposit into the Lower-Tier Distribution Account or the 622 Third Avenue Loan REMIC Distribution Account, as applicable, an amount equal to the axxxxx xxxxx xx xhe aggregate amount of P&I Advances, if any, to be made by such Master Servicer in respect of the related Distribution Date. The Master Servicer may also , (ii) apply amounts held in its Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be mademade by such Master Servicer. Any amounts held in the Certificate a Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer's records and replaced by the applicable Master Servicer by deposit in the Certificate such Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 3:30 p.m., New York City time, on any P&I Advance Date, the a Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the such Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 4:30 p.m., New York City time, on such P&I Advance Date. If after such notice the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m.6:00 p.m., New York City time, on such P&I Advance Date, then the Trustee (or any Fiscal Agent on its behalf) shall (not later than 12:00 noon, New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the such Master Servicer on such with respect to the related Distribution Date, provided that no Master Servicer, Special Servicer, the Trustee or any Fiscal Agent shall be required to make any P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall applywith respect to any B Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mor Sec Corp Com Cer Ser 2003-C3)

P&I Advances. (a) On or before 2:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall shall, subject to Section 4.03(c) below, satisfy its obligations to make any required P&I Advances with respect to the related Distribution Date in respect of the Mortgage Pool (i) apply amounts other than the Loan Group Trust Mortgage Loans or any successor REO Mortgage Loans with respect thereto), first, by transferring to the Trustee for deposit in the Certificate Distribution Account received after amounts then held in the end of the related Collection Period or otherwise held Pool Custodial Account for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) belowsuch obligations, remit from and second, by remitting its own funds to the Paying Agent Trustee for deposit into the in a Distribution Account in an amount equal to the aggregate amount remaining portion of such required P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Pool Custodial Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Pool Custodial Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 4:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy no. (000704) 000593-0000 and (000) 000-0000, respectively, 7740 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone no. (704) 500593-0000 and 7682 or (000704) 000593-0000, respectively, 7867 (or such alternative numbers number provided by the Master Servicer and bx xxx Xxxxxx Xervicer to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 5:00 p.m., New York City time, on such P&I Advance Master Servicer Remittance Date. If after such notice by facsimile, the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 11:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify then the Trustee and (or the Trustee shall, no later than 11:00 a.m., New York City time, Fiscal Agent on such related Distribution Date its behalf) shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date. If the Trustee fails to make any such P&I Advance on the related Distribution Date, and (ii) but the provisions of Sections 7.01 and 7.02 Fiscal Agent makes such P&I Advance on such date, then the Trustee shall applybe deemed not to be in default hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenwich Capital Commercial Funding Corp. Commercial Mortgage Pass-Through Certificates Series 2004-Gg1)

P&I Advances. (a) On or before 2:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall shall, subject to Section 4.03(c) below, satisfy its obligations to make any required P&I Advances with respect to the related Distribution Date in respect of the Mortgage Pool (i) apply amounts other than the _______________ Mortgage Loan, the _______________ Mortgage Loan or any successor REO Mortgage Loans with respect thereto), first, by transferring to the Trustee for deposit in the Certificate Collection Account received after amounts then held in the end of the related Collection Period or otherwise held Pool Custodial Account for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) belowsuch obligations, remit from and second, by remitting its own funds to the Paying Agent Trustee for deposit into the Distribution in a Collection Account in an amount equal to the aggregate amount remaining portion of such required P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Pool Custodial Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Pool Custodial Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 4:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, no. _________ (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, no. _________ or _________ (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 5:00 p.m., New York City time, on such P&I Advance Master Servicer Remittance Date. If after such notice by facsimile, the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify then the Trustee and (or the Trustee shall, no later than 11:00 a.m., New York City time, Fiscal Agent on such related Distribution Date its behalf) shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date. If the Trustee fails to make any such P&I Advance on the related Distribution Date, but the Fiscal Agent makes such P&I Advance on such date, then the Trustee shall be deemed not to be in default hereunder. [All P&I Advances with respect to the _______________ Mortgage Loan or any successor REO Mortgage Loan are required to be made by the _______________ Servicer pursuant to, and as and when required by, the _______________ Servicing Agreement. If, as of 4:00 p.m., New York City time, on any Master Servicer Remittance Date, the _______________ Master Servicer shall not have made the portion of any P&I Advance required to be made pursuant to the _______________ Servicing Agreement that is allocable to the _______________ Mortgage Loan or any successor REO Mortgage Loan (iiand shall not have delivered to the Master Servicer an officer's certificate and documentation related to a determination of nonrecoverability of a P&I Advance as contemplated by the _______________ Servicing Agreement), then (subject to Section 4.03(c) below) the provisions Master Servicer shall make the portion of Sections 7.01 such P&I Advance that was required to be, but was not, made by the -193- _______________ Master Servicer on such Master Servicer Remittance Date pursuant to the _______________ Servicing Agreement and 7.02 that is allocable to the _______________ Mortgage Loan or any successor REO Loan. If the Master Servicer fails to make any such P&I Advance on the related Master Servicer Remittance Date, then (subject to Section 4.03(c) below) the Trustee (or the Fiscal Agent on its behalf) shall applymake such P&I Advance on the related Distribution Date.]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Securities Corp Ii)

P&I Advances. (a) On or before 2:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall shall, subject to Section 4.03(c) below, satisfy its obligations to make any required P&I Advances with respect to the related Distribution Date in respect of the Mortgage Pool (i) apply amounts other than the Loan Group Trust Mortgage Loans or any successor REO Mortgage Loans with respect thereto), first, by transferring to the Trustee for deposit in the Certificate Distribution Account received after amounts then held in the end of the related Collection Period or otherwise held Pool Custodial Account for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) belowsuch obligations, remit from and second, by remitting its own funds to the Paying Agent Trustee for deposit into the in a Distribution Account in an amount equal to the aggregate amount remaining portion of such required P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Pool Custodial Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Pool Custodial Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 4:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy no. (000913) 000253-0000 and (000) 000-0000, respectively, 9001 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone no. (704913) 500253-0000 and (000) 000-0000, respectively, 9000 (or such alternative numbers number provided by the Master Servicer and the Sxxxxxxx xx xxx Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 5:00 p.m., New York City time, on such P&I Advance Master Servicer Remittance Date. If after such notice by facsimile, the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 11:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify then the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Master Servicer Remittance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Greenwich Capital Commercial Funding Corp. Commercial Mortgage Trust 2006-Gg7)

P&I Advances. (a) On or before 2:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall shall, subject to Section 4.03(c) below, satisfy its obligations to make any required P&I Advances with respect to the related Distribution Date in respect of the Mortgage Pool (i) apply amounts other than the Loan Group Trust Mortgage Loans or any successor REO Mortgage Loans with respect thereto), first, by transferring to the Trustee for deposit in the Certificate Distribution Account received after amounts then held in the end of the related Collection Period or otherwise held Pool Custodial Account for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) belowsuch obligations, remit from and second, by remitting its own funds to the Paying Agent Trustee for deposit into the in a Distribution Account in an amount equal to the aggregate amount remaining portion of such required P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Pool Custodial Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Pool Custodial Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 4:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy no. (000215) 000328-0000 and (000) 000-0000, respectively, 3478 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone no. (704215) 500328-0000 and (000) 000-0000, respectively, 1258 (or such alternative numbers number provided by the Master Servicer and the Sexxxxxx xx xxx Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 5:00 p.m., New York City time, on such P&I Advance Master Servicer Remittance Date. If after such notice by facsimile, the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 11:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify then the Trustee and (or the Trustee shall, no later than 11:00 a.m., New York City time, Fiscal Agent on such related Distribution Date its behalf) shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such Master Servicer Remittance Date. If the Trustee fails to make any such P&I Advance on the related Distribution Date, and (ii) but the provisions of Sections 7.01 and 7.02 Fiscal Agent makes such P&I Advance on such date, then the Trustee shall applybe deemed not to be in default hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GCCFC 2005-Gg3)

P&I Advances. (a) On or before 2:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall in the case of all Mortgage Loans, either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also , (ii) apply amounts held in the Certificate Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of ; provided that if Late Collections of any of the delinquent principal and and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Certificate Account, the Master Servicer shall use such Late Collections (net of any Master Servicing Fees, Liquidation Fees and Workout Fees payable therefrom) to make such P&I Advances were made)Advances. If, as of 3:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's ’s Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, no. [_______________] (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, no. [_______________] (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Master Servicer Remittance Date. If If, after such notice, the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., the close of business (New York City time) on such Master Servicer Remittance Date, then (i) unless the Trustee determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall make, by 11:00 a.m. on the related Distribution Date or in any event by such time as shall be required to make the required distribution on such Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, Master Servicer Remittance Date and (ii) such failure shall constitute a Servicer Termination Event on the provisions part of Sections 7.01 and 7.02 shall applythe Master Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Banc of America Merrill Lynch Commercial Mortgage Inc.)

P&I Advances. (a) On or before 2:00 1:00 p.m., New York City timeNxx Xxxx Xxxx xxxx, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall shall, subject Section 4.03(c), either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent Trustee for deposit into the Lower-Tier Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made by the Master Servicer in respect of the Mortgage Pool for the related Distribution Date. The Master Servicer may also , (ii) apply amounts held in the Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of such P&I Advances to be made. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances in respect of the Mortgage Pool shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 3:30 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made by it in respect of the Mortgage Pool on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or to the actual knowledge of a Responsible Officer of the Trustee shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by the Master Servicer on such date, then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the such Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 5:00 p.m., New York City time, on such P&I Advance Master Servicer Remittance Date. If after such notice the Paying Agent Trustee does not receive the full amount of such P&I Advances in respect of the Mortgage Pool by 10:00 11:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify then the Trustee and the Trustee shall, no shall (not later than 11:00 a.m.12:00 noon, New York City time, on such the related Distribution Date Date) make the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the such Master Servicer on such with respect to the related Distribution Date, provided that no Master Servicer, Special Servicer or the Trustee shall make any P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall applywith respect to any B Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

P&I Advances. (a) On or before 2:00 p.m., 1:00 p.m. (New York City time, ) on each P&I Advance Date, the each Master Servicer shall (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) shall, subject to Section 4.03(c), either (i) below, remit from its own funds to the Paying Agent Certificate Administrator for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made by such Master Servicer in respect of the related Distribution Date. The , (ii) apply amounts held in such Master Servicer may also Servicer’s Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make such P&I Advances, or (iii) make such P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be mademade by such Master Servicer; provided, that the Master Servicer shall give preference to amounts in clause (ii) of this sentence for purposes of making P&I Advances. Any amounts held in the Certificate either Master Servicer’s Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the such Master Servicer's ’s records and replaced by the such Master Servicer by deposit in the Certificate its Collection Account on or before prior to the next succeeding Determination Master Servicer Remittance Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., 3:30 p.m. (New York City time, ) on any P&I Advance Date, the either Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee Certificate Administrator and the Paying Agent Trustee the requisite Officer's ’s Certificate and other documentation related to a determination of nonrecoverability of a P&I AdvanceAdvance pursuant to Section 4.03(c)) or shall not have remitted any portion of the Master Servicer Remittance Amount required to be remitted by such Master Servicer on such date, then the Paying Agent Certificate Administrator shall provide notice of such failure to a Servicing Officer of the such Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, (or such alternative numbers provided by the Master Servicer and the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., 4:30 p.m. (New York City time, ) on such P&I Advance Date. If after such notice the Paying Agent Certificate Administrator does not receive the full amount of such P&I Advances by 9:00 a.m. (New York City time) on the related Distribution Date, then the Certificate Administrator shall promptly notify the Trustee (but in any event before 10:00 a.m.a.m. (New York City time) and the Trustee shall (not later than 12:00 noon, New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made or remitted, as the case may be, by the such Master Servicer on such P&I Advance with respect to the related Distribution Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr16)

P&I Advances. (a) On or before 2:00 1:00 p.m., New York City time, on each P&I Advance Master Servicer Remittance Date, the Master Servicer shall either (i) apply amounts in the Certificate Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account from its own funds an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also , (ii) apply amounts held in the Collection Account for future distribution to Certificateholders in subsequent months in discharge of any such obligation to make P&I Advances, or (iii) make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made; provided that if Late Collections of any of the delinquent principal and/or interest in respect of which it is to make P&I Advances on any Master Servicer Remittance Date are then on deposit in the Collection Account, the Master Servicer shall use such Late Collections (net of any Workout Fees payable therefrom) to make such P&I Advances. Any amounts held in the Certificate Collection Account for future distribution and so used to make P&I Advances (other than the Late Collections of the delinquent principal and/or interest contemplated by the proviso to the preceding sentence) shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Collection Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and and/or interest in respect of which such P&I Advances were made). If, as of 3:00 1:00 p.m., New York City time, on any P&I Advance Master Servicer Remittance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy no. (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone no. (704) 500-0000 and (000404) 000-0000, respectively, 0000 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 3:00 p.m., New York City time, on such P&I Advance Master Servicer Remittance Date. If If, after such notice, the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., the close of business (New York City time, ) on the related Distribution such Master Servicer Remittance Date, then, subject to Section 4.03(c), then (i) the Paying Agent shall notify unless the Trustee and determines that such Advance would be a Nonrecoverable P&I Advance if made, the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date shall make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, Master Servicer Remittance Date and (ii) such failure shall constitute an Event of Default on the provisions part of Sections 7.01 and 7.02 the Master Servicer. If the Trustee is required in accordance with this Section 4.03(a) to make any P&I Advance or portion thereof, but fails to do so by 10:00 a.m., New York City time, on the related Distribution Date, then, unless the Fiscal Agent determines that such Advance would be a Nonrecoverable P&I Advance if made, the Fiscal Agent shall applymake such P&I Advance or other advance not later than 11:30 a.m., New York City time, on such Distribution Date and, thereby, the Trustee shall not be in default under this Agreement.

Appears in 1 contract

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

P&I Advances. (a) On or before 2:00 1:30 p.m., New York City time, on each P&I Advance Date, the each Master Servicer shall (i) apply amounts in the Certificate its Collection Account received after the end of the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances or (ii) subject to Section 4.03(c) below, remit from its own funds to the Paying Agent Trustee for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made by the subject Master Servicer in respect of the related Distribution Date. The Each Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be mademade by the subject Master Servicer. Any amounts held in the Certificate a Collection Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the applicable Master Servicer's records and replaced by the applicable Master Servicer by deposit in the Certificate such Collection Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., New York City time, on any P&I Advance Date, the a Master Servicer shall not have made any P&I Advance required to be made by it on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the such Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 0000, in the case of Master Servicer No. 1, and (000) 000-0000, respectively, in the case of Master Servicer No. 2 (or such alternative numbers number provided by the any Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectivelyin the case of Master Servicer No. 1, and (000) 000-0000 or (000) 000-0000, the case of Master Servicer No. 2 (or such alternative numbers number provided by the any Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Trustee (or a Fiscal Agent shall notify the Trustee and the Trustee on its behalf) shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the defaulting Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply. If the Trustee fails to make any such P&I Advance on the related Distribution Date, but any Fiscal Agent makes such P&I Advance on such date, then the Trustee shall be deemed not to be in default hereunder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Commercial Mortgage Trust 2008-C7)

P&I Advances. (a) On or before 2:00 4:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall (i) apply amounts held in the Certificate Account received after the end of Determination Date with respect to the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances Advances, or (ii) if such amounts are insufficient to discharge such obligation, subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 4:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (number 000) -000-0000 and (000) 000-0000, respectively, (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500number 000-000-0000 and (000) 000-0000, respectively, (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 5:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee as successor servicer in accordance with Section 7.02 shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mortgage Pass Through Cert Series 1998-C3)

P&I Advances. (a) On or before 2:00 p.m., New York City time, on each P&I Advance Date, the Master Servicer shall (i) apply amounts held in the Certificate Account received after the end of Determination Date with respect to the related Collection Period or otherwise held for future distribution to Certificateholders in subsequent months in discharge of its obligation to make P&I Advances Advances, or (ii) if such amounts are insufficient to discharge such obligation, subject to Section 4.03(c) below, remit from its own funds to the Paying Agent for deposit into the Distribution Account an amount equal to the aggregate amount of P&I Advances, if any, to be made in respect of the related Distribution Date. The Master Servicer may also make P&I Advances in the form of any combination of clauses (i) and (ii) above aggregating the total amount of P&I Advances to be made. Any amounts held in the Certificate Account for future distribution and so used to make P&I Advances shall be appropriately reflected in the Master Servicer's records and replaced by the Master Servicer by deposit in the Certificate Account on or before the next succeeding Determination Date (to the extent not previously replaced through the deposit of Late Collections of the delinquent principal and interest in respect of which such P&I Advances were made). If, as of 3:00 p.m., New York City time, on any P&I Advance Date, the Master Servicer shall not have deposited in the Distribution Account the Available Distributions Amount for the Next Distribution Date or made any P&I Advance required to be made on such date pursuant to this Section 4.03(a) (and shall not have delivered to the Trustee and the Paying Agent the requisite Officer's Certificate and documentation related to a determination of nonrecoverability of a P&I Advance), then the Paying Agent Trustee shall provide notice of such failure to a Servicing Officer of the Master Servicer and the Trustee by facsimile transmission sent to telecopy (000) 000-0000 and (000) 000-0000, respectively, (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) and by telephone at telephone (704) 500-0000 and (000) 000-0000, respectively, 0000 (or such alternative numbers number provided by the Master Servicer and to the Trustee to the Paying Agent in writing) as soon as possible, but in any event before 4:00 3:00 p.m., New York City time, on such P&I Advance Date. If the Paying Agent Trustee does not receive the full amount of such P&I Advances by 10:00 a.m., New York City time, on the related Distribution Date, then, subject to Section 4.03(c), (i) the Paying Agent shall notify the Trustee and the Trustee shall, no later than 11:00 a.m., New York City time, on such related Distribution Date make the portion of such P&I Advances that was required to be, but was not, made by the Master Servicer on such P&I Advance Date, and (ii) the provisions of Sections 7.01 and 7.02 shall apply. To the extent that the Master Servicer fails to remit funds required to be remitted by it to the Trustee by the close of business on the Business Day immediately preceding the Distribution Date, the Master Servicer shall be required to compensate the Trustee in an amount agreed upon by the Trustee and the Master Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)

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