Common use of Other Business Activities of the Noteholders Clause in Contracts

Other Business Activities of the Noteholders. Each Noteholder acknowledges that each other Noteholder or its Affiliates may make loans or otherwise extend credit to, and generally engage in any kind of business with, (i) (a) the Borrower or (b) any direct or indirect parent of the Borrower or (c) any Affiliate of the Borrower or (d) any Affiliate of any direct or indirect parent of the Borrower, (ii) any entity that is a holder of debt secured by direct or indirect ownership interests in the Borrower or any Affiliate of the holder of such debt, or (iii) any entity that is a holder of a preferred equity interest in the Borrower or any Affiliate of a holder of such preferred equity (each, a “Borrower Related Party”), and receive payments on such other loans or extensions of credit to Borrower Related Parties and otherwise act with respect thereto freely and without accountability in the same manner as if this Agreement and the transactions contemplated hereby were not in effect.

Appears in 43 contracts

Sources: Agreement Between Noteholders (Benchmark 2025-V17 Mortgage Trust), Agreement Between Noteholders (BBCMS Mortgage Trust 2025-5c37), Agreement Between Noteholders (Bank5 2025-5yr16)

Other Business Activities of the Noteholders. Each Noteholder acknowledges that each other Noteholder or its Affiliates may make loans or otherwise extend credit to, and generally engage in any kind of business with, (i) (a) the Borrower or (b) any direct or indirect parent of the Borrower or (c) any Affiliate of the Borrower or (d) any Affiliate of any direct or indirect parent of the Borrower, (ii) any entity that is a holder of debt secured by direct or indirect ownership interests in the Borrower or any Affiliate of the holder of such debt, or (iii) any entity that is a holder of a preferred equity interest in the Borrower or any Affiliate of a holder of such preferred equity (each, a “Borrower Related Party”)equity, and receive payments on such other loans or extensions of credit to Borrower Related Parties any such party and otherwise act with respect thereto freely and without accountability in the same manner as if this Agreement and the transactions contemplated hereby were not in effect.

Appears in 24 contracts

Sources: Agreement Between Noteholders (Benchmark 2025-V16 Mortgage Trust), Agreement Between Noteholders (Wells Fargo Commercial Mortgage Trust 2025-5c5), Agreement Between Noteholders (Bank5 2025-5yr15)