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EX-4.1 - POOLING AND SERVICING AGREEMENT, DATED AS OF NOVEMBER 1, 2016 - Morgan Stanley Bank of America Merrill Lynch Trust 2016-C31exh_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 2, 2017
(Date of earliest event reported)

Morgan Stanley Bank of America Merrill Lynch Trust 2016-C31
(Central Index Key Number 0001687031)
(Exact name of issuing entity)

Morgan Stanley Mortgage Capital Holdings LLC
(Central Index Key Number 0001541557)
Bank of America, National Association
(Central Index Key Number 0001102113)
UBS AG
(Central Index Key Number 0001685185)
KeyBank National Association
(Central Index Key Number 0001089877)
Starwood Mortgage Funding III LLC
(Central Index Key Number 0001682532)
(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 333-206847-03 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 dated November 22, 2016, which was filed on November 28, 2016 and assigned SEC Accession No. 0001539497-16-004103 (the “Subject 8-K”). The purpose of this amendment is to file an executed version of, and make clerical and minor revisions to, the agreement previously filed as Exhibit 4.1 to the Subject 8-K. No other changes are being made to the Subject 8-K.

Accordingly, Exhibit 4.1 of the Subject 8-K, which contained the pooling and servicing agreement, dated as of November 1, 2016, among Morgan Stanley Capital I 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, Wilmington Trust, National Association, as trustee, and Park Bridge Lender Services LLC, as operating advisor and asset representations reviewer (the “MSC 2016-BNK2 PSA”), is hereby amended and restated in its entirety by the corrected, executed version of the MSC 2016-BNK2 PSA 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 November 1, 2016, among Morgan Stanley Capital I 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, Wilmington Trust, 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 2, 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)
4.1   Pooling and Servicing Agreement, dated as of November 1, 2016, among Morgan Stanley Capital I 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, Wilmington Trust, National Association, as trustee, and Park Bridge Lender Services LLC, as operating advisor and asset representations reviewer. (E)