Common use of Actions Concerning Mezzanine Loan Clause in Contracts

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

Actions Concerning Mezzanine Loan. As To Seller’s Knowledge based on searches and diligence customarily performed by prudent institutional commercial and multifamily mortgage lenders in connection with the origination of commercial mezzanine loans for securitization or for its own portfolio, as applicable, as of the date of origination of each such Mezzanine Loan and to the Seller’s Knowledge as of the Purchase Date for the Mezzanine LoanDate, there was no pending pending, filed or filed threatened action, suit or proceeding, arbitration or governmental investigation involving any related Mezzanine Borrower, Borrower or guarantor, or the related Mezzanine Borrower’s interest in the related Capital StockEquity Interests, or the related Mortgage Borrower (under the related Mortgage Loan) or such Mortgage Borrower’s interests in the related Mortgaged Property, an adverse outcome of which would reasonably be expected to materially and adversely affect (a) such Mezzanine Borrower’s title to such Capital StockEquity Interests, (b) the related Mortgage Borrowers 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 Mezzanine Loan (or related Mortgage Loan, as applicable), (e) such guarantor’s ability to perform under the related guaranty, guaranty or (f) the principal benefit of the security intended to be provided by the Purchased Asset Documents or (g) the current principal use of such related Mortgaged PropertyDocuments.

Actions Concerning Mezzanine Loan. As of the date of origination of each Mezzanine Loan and to the Seller’s Knowledge as of the Purchase Date for the Mezzanine related Mortgage Loan, there was no pending or filed action, suit or proceeding, arbitration or governmental investigation involving any related Mezzanine Borrower, guarantor, or the related Mezzanine Borrower’s interest in the related Capital StockEquity Interests, or the related Mortgage Borrower (under the related Mortgage Loan) or such Mortgage Borrower’s interests in the related Mortgaged Property, an adverse outcome of which would reasonably be expected to materially and adversely affect (a) such Mezzanine Borrower’s title to such Capital StockEquity Interests, (b) the related Mortgage Borrowers title to the related Mortgaged Property, (c) the validity or enforceability of the related Mezzanine Loan Documents, (d) such Mezzanine Borrower’s ability to perform under the related Mezzanine Loan (or related Mortgage LoanLoan and/or Foreign Assignment Agreement, as applicable), (e) such guarantor’s ability to perform under the related guaranty, or (f) the principal benefit intended to be provided by the Purchased Asset Documents or (g) the current principal use of such related Mortgaged Property.