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EX-4.1 - POOLING AND SERVICING AGREEMENT, DATED AS OF FEBRUARY 1, 2016 - Morgan Stanley Bank of America Merrill Lynch Trust 2016-C28exh_4-1.htm

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K/A

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report: March 8, 2016
(Date of earliest event reported)

 

Morgan Stanley Bank of America Merrill Lynch Trust 2016-C28

(Central Index Key Number 0001665081)

(Exact name of issuing entity)

 

Bank of America, National Association

(Central Index Key Number 0001102113)

Morgan Stanley Mortgage Capital Holdings LLC

(Central Index Key Number 0001541557)

CIBC Inc.

(Central Index Key Number 0001548567)

Starwood Mortgage Funding III LLC

(Central Index Key Number 0001548405)
(Exact name of sponsor as specified in its charter)

 

Banc of America Merrill Lynch Commercial Mortgage Inc.

(Central Index Key Number 0001005007)

(Exact name of registrant as specified in its charter)

Delaware 333-206847-01 56-1950039
(State or other jurisdiction of incorporation) (Commission File No.) (IRS Employer Identification No.)

 

One Bryant Park
New York, New York
10036
(Address of principal executive offices) (Zip Code)

Registrant’s telephone number, including area code      646-855-3953                                               

 

Not Applicable
(Former name or former address, if changed since last report.)

Check the appropriate box below if the Form 8-K/A filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

☐ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

☐ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

☐ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

☐ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) 

 
 

Explanatory Note

The purpose of this Form 8-K/A is to amend our current report on Form 8-K dated February 25, 2016, which was filed on February 25, 2016, and assigned SEC Accession No. 0001539497-16-002551 (the “Subject 8-K”).

Item 8.01. Other Events.

On February 25, 2016, a series of mortgage pass-through certificates, entitled Commercial Mortgage Pass-Through Certificates, Series 2016-C28 (the “Certificates”), was issued by Morgan Stanley Bank of America Merrill Lynch Trust 2016-C28, a New York common law trust (the “Issuing Entity”), pursuant to a Pooling and Servicing Agreement, attached hereto as Exhibit 4.1 and dated as of February 1, 2016 (the “Pooling and Servicing Agreement”), between Banc of America Merrill Lynch Commercial Mortgage Inc. (the “Registrant”), as depositor, Wells Fargo Bank, National Association, as master servicer, C-III Asset Management LLC, as special servicer, Wells Fargo Bank, National Association, as certificate administrator, U.S. Bank National Association, as trustee, and Park Bridge Lender Services LLC, as operating advisor and asset representations reviewer.

Exhibit 4.1 of the Subject 8-K, which contained the Pooling and Servicing Agreement, dated as of February 1, 2016, between Banc of America Merrill Lynch Commercial Mortgage Inc., as depositor, Wells Fargo Bank, National Association, as master servicer, C-III Asset Management LLC, as special servicer, Wells Fargo Bank, National Association, as certificate administrator, U.S. Bank National Association, as trustee, and Park Bridge Lender Services LLC, as operating advisor and asset representations reviewer, is hereby restated in its entirety by the corrected version of such Pooling and Servicing Agreement attached hereto as Exhibit 4.1.

 

 
 

 

Item 9.01. Financial Statements and Exhibits.
   
(d) Exhibits
   
Exhibit No. Description
   
Exhibit 4.1 Pooling and Servicing Agreement, dated as of February 1, 2016, between Banc of America Merrill Lynch Commercial Mortgage Inc., as depositor, Wells Fargo Bank, National Association, as master servicer, C-III Asset Management LLC, as special servicer, Wells Fargo Bank, National Association, as certificate administrator, U.S. Bank National Association, as trustee, and Park Bridge Lender Services LLC, as operating advisor and asset representations reviewer.

 

 
 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

     
Date:  March 8, 2016   BANC OF AMERICA MERRILL LYNCH COMMERCIAL MORTGAGE INC.
(Registrant)
     
  By: /s/ Leland F. Bunch, III
    Name:  Leland F. Bunch, III
Title:    Chief Executive Officer & President

 
 

INDEX TO EXHIBITS

Item 601(a) of
Regulation S-K
Exhibit No.
  Description Paper (P) or
Electronic (E)
4.1   Pooling and Servicing Agreement, dated as of February 1, 2016, between Banc of America Merrill Lynch Commercial Mortgage Inc., as depositor, Wells Fargo Bank, National Association, as master servicer, C-III Asset Management LLC, as special servicer, Wells Fargo Bank, National Association, as certificate administrator, U.S. Bank National Association, as trustee, and Park Bridge Lender Services LLC, as operating advisor and asset representations reviewer. (E)