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A/B Tranching of Commercial Real Estate – Secured Loans: An ...

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The Servicing Standard Override<br />

• However, unlike the approach reflected in the Unanimous Decisions,<br />

the servicing standard override does not contain bright lines and is<br />

based on rather vague concepts <strong>of</strong> ―the best interests <strong>of</strong> the lenders<br />

as a collective whole‖ or ―taking into account the relative priorities <strong>of</strong><br />

the A tranche and the B tranche.‖<br />

• This lack <strong>of</strong> bright lines may invite disputes, particularly in cases<br />

where the special servicer is considering a reduction/forgiveness <strong>of</strong><br />

principal or other action that would materially adversely affect the B<br />

holder.<br />

35

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