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EX-4.7 - AGREEMENT BETWEEN NOTE HOLDERS, DATED AS OF DECEMBER 20, 2016 - Bank of America Merrill Lynch Commercial Mortgage Trust 2017-BNK3n828_exh41komo.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: July 18, 2017
(Date of earliest event reported)

Bank of America Merrill Lynch Commercial Mortgage Trust 2017-BNK3

(Central Index Key Number 0001694649)

(Exact name of issuing entity)

 

Wells Fargo Bank, National Association

(Central Index Key Number 0000740906)

Morgan Stanley Mortgage Capital Holdings LLC

(Central Index Key Number 0001541557)

Bank of America, National Association

(Central Index Key Number 0001102113)

(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 333-206847-05 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 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

This Form 8-K/A amends the Current Report on Form 8-K (the “Form 8-K”), dated and filed on February 16, 2017 and assigned SEC Accession No. 0001539497-17-000200. The purpose of this amendment is to file with the Commission a corrected KOMO Plaza Intercreditor Agreement relating to the Mortgage Loan identified on Exhibit B to the pooling and servicing agreement, dated as of February 1, 2017 (the “Pooling and Servicing Agreement”), as “KOMO Plaza”, which supersedes the agreement previously filed as Exhibit 4.7 to the Form 8-K. No other changes have been made to the Form 8-K other than the changes described above. Capitalized terms used and not otherwise defined herein shall have the respective meanings assigned to them in the Pooling and Servicing Agreement filed as Exhibit 4.1 to the Form 8-K.

 

  

 

Item 9.01.   Financial Statements and Exhibits.

(d) Exhibits
   
Exhibit No.   Description
   
Exhibit 4.7 Agreement Between Note Holders, dated as of December 20, 2016, by and between UBS AG, by and through its branch office at 1285 Avenue of the Americas, New York, New York, as the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder and the Initial Note A-4 Holder, and Morgan Stanley Bank, N.A., as the Initial Note A-5 Holder.

 

  

 

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:  July 18, 2017 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)
4.7   Agreement Between Note Holders, dated as of December 20, 2016, by and between UBS AG, by and through its branch office at 1285 Avenue of the Americas, New York, New York, as the Initial Note A-1 Holder, the Initial Note A-2 Holder, the Initial Note A-3 Holder and the Initial Note A-4 Holder, and Morgan Stanley Bank, N.A., as the Initial Note A-5 Holder. (E)