Common use of Actions Concerning Mezzanine Loan Clause in Contracts

Actions Concerning Mezzanine Loan. As of the date of origination of such Mezzanine Loan and to Seller’s knowledge as of the Purchase Date, there was no pending, filed or threatened action, suit or proceeding, arbitration or governmental investigation involving any related Borrower or guarantor, or the related Equity Interests, or Mortgaged Property, an adverse outcome of which would reasonably be expected to materially and adversely affect (a) such Borrower’s title to such Equity Interests, (b) the related Borrower’s title to the related Mortgaged Property, (c) the validity or enforceability of the related Mezzanine Loan Documents, (d) such Borrower’s ability to perform under such Mezzanine Loan (or the related Borrower’s ability to perform under the related Mortgage Loan, as applicable), (e) such guarantor’s ability to perform under the related guaranty or (f) the principal benefit of the security intended to be provided by the Mezzanine Loan Documents.

Actions Concerning Mezzanine Loan. As of the date of origination of such Mezzanine Loan and and, to Seller’s knowledge Knowledge, as of the related Purchase Date, there was no pending, pending or filed or threatened action, suit or suit, proceeding, arbitration or governmental investigation involving any related Mezzanine Borrower or guarantor, the related Capital Stock, the related Mortgagor (under the related Whole Loan or Senior Interest) or the related Equity Interests, or Mortgaged Property, an adverse outcome of which would reasonably be expected to materially and adversely affect (a) such Mezzanine Borrower’s title to such Equity InterestsCapital Stock, (b) the related BorrowerMortgagor’s title to the related Mortgaged Property, (c) Property or the validity or enforceability of the related Mezzanine Loan Documents, (dc) such Mezzanine Borrower’s ability to perform pay its obligations under such Mezzanine Loan (or the related Borrower’s ability to perform under the related Mortgage Loan, as applicable)Mezzanine Loan Documents, (ed) such guarantor’s ability to perform under the related guaranty or guaranty, (fe) the principal benefit of the security intended to be provided by the Mezzanine Loan DocumentsDocuments or (f) the current principal use of such related Mortgaged Property.

Actions Concerning Mezzanine Loan. As of the date of origination of such Mezzanine Loan and to Seller’s knowledge Knowledge as of the Purchase Date, there was no pending, filed or threatened action, suit or proceeding, arbitration or governmental investigation involving any related Borrower or guarantor, or the related Equity Interests, or Mortgaged Property, an adverse outcome of which would reasonably be expected to materially and adversely affect (a) such Borrower’s title to such Equity Interests, (b) the related mortgage Borrower’s title to the related Mortgaged Property, (c) the validity or enforceability of the related Mezzanine Loan Purchased Asset Documents, (d) such Borrower’s ability to perform under such Mezzanine Loan (or the related mortgage Borrower’s ability to perform under the related Mortgage Loan, as applicable), (e) such guarantor’s ability to perform under the related guaranty or (f) the principal benefit of the security intended to be provided by the Mezzanine Loan Purchased Asset Documents.

Actions Concerning Mezzanine Loan. As of the date of origination of such Mezzanine Loan and to the Seller’s knowledge Knowledge as of the Purchase Date, there was no pending, filed or threatened action, suit or proceeding, arbitration or governmental investigation involving any related Borrower or guarantor, or the related Equity Interests, or Mortgaged Property, an adverse outcome of which would reasonably be expected to materially and adversely affect (a) such Borrower’s title to such Equity Interests, (b) the related mortgage Borrower’s title to the related Mortgaged Property, (c) the validity or enforceability of the related Mezzanine Loan Documents, (d) such Borrower’s ability to perform under such Mezzanine Loan (or the related mortgage Borrower’s ability to perform under the related Mortgage Loan, as applicable), (e) such guarantor’s ability to perform under the related guaranty or (f) the principal benefit of the security intended to be provided by the Mezzanine Loan Documents.

Actions Concerning Mezzanine Loan. As of the date of origination of such each Mezzanine Loan and to Seller’s knowledge knowledge, as of the Purchase Date, there was no pending, filed or threatened action, suit or proceeding, arbitration or governmental investigation involving any related Borrower or guarantor, or the related Equity Interests, or Mortgaged Property, an adverse outcome of which would reasonably be expected to materially and adversely affect (a) such Borrower’s title to such Equity Interests, (b) the related mortgage Borrower’s title to the related Mortgaged Property, (c) the validity or enforceability of the related Mezzanine Loan Purchased Asset Documents, (d) such Borrower’s ability to perform under such Mezzanine Loan (or the related mortgage Borrower’s ability to perform under the related Mortgage Loan, as applicable), (e) such guarantor’s ability to perform under the related guaranty or (f) the principal benefit of the security intended to be provided by the Mezzanine Loan Purchased Asset Documents.