Binding Nature of Certain Adjudications. The Guarantor shall be conclusively bound by the final non-appealable adjudication in any action or proceeding, legal or otherwise, involving any controversy arising under, in connection with, or in any way relating to, any of the Seller Obligations, and by a final judgment, award or decree entered therein, provided, in any case, that the Guarantor shall have had the right, or shall have been given the opportunity, to participate in such action or proceeding and shall have been given written notice of such action or proceeding in time to exercise such right or avail itself of such opportunity.
Appears in 2 contracts
Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Inc), Guaranty Agreement (Morgan Stanley Capital I Inc)
Binding Nature of Certain Adjudications. The Guarantor shall be conclusively bound by the final non-appealable adjudication in any action or proceeding, legal or otherwise, involving any controversy arising under, in connection with, or in any way relating to, any of the Seller Obligations, and by a final judgment, award or decree entered therein, provided, in any case, that the Guarantor shall have had the right, or shall have been given the opportunity, to participate in such action or proceeding and shall have been given written notice of such action or proceeding in time to exercise such right or avail itself of such opportunity.
Appears in 2 contracts
Samples: Mortgage Loan Purchase Agreement (Gmac Commercial Mortgage Securities Inc), Guaranty Agreement (Gmac Commercial Mortgage Securities Inc)