Common use of Conditions Applicable to all Transactions Involving Sale or Grant Clause in Contracts

Conditions Applicable to all Transactions Involving Sale or Grant. (a) Any transaction effected after the Closing Date under this Article 12 or Section 10.12 shall be conducted in accordance with the requirements of the Loan Obligation Management Agreement; provided that (1) the Loan Obligation Manager shall not direct the Trustee to acquire any Replacement Loan Obligation for inclusion in the Assets from the Loan Obligation Manager or any of its Affiliates as principal or to sell any Loan Obligation from the Assets to the Loan Obligation Manager or any of its Affiliates as principal unless the transaction is effected in accordance with the Loan Obligation Management Agreement and (2) the Loan Obligation Manager shall not direct the Trustee to acquire any Replacement Loan Obligation for inclusion in the Assets from any account or portfolio for which the Loan Obligation Manager serves as investment adviser or direct the Trustee to sell any Loan Obligation to any account or portfolio for which the Loan Obligation Manager serves as investment adviser unless such transactions comply with the Loan Obligation Management Agreement and Section 206(3) of the Advisers Act. The Trustee shall have no responsibility to oversee compliance with this clause by the other parties.

Appears in 8 contracts

Samples: Indenture (Arbor Realty Trust Inc), Indenture (Arbor Realty Trust Inc), Arbor (Arbor Realty Trust Inc)

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Conditions Applicable to all Transactions Involving Sale or Grant. (a) Any transaction effected after the Closing Date under this Article 12 or Section 10.12 10.10 shall be conducted in accordance with the requirements of the Loan Obligation Collateral Management Agreement; , provided that that, (1) the Loan Obligation Collateral Manager shall not direct the Trustee to acquire any Replacement Loan Obligation Substitute Collateral Debt Security for inclusion in the Assets from the Loan Obligation Collateral Manager or any of its Affiliates as principal or to sell any Loan Obligation Collateral Debt Security from the Assets to the Loan Obligation Collateral Manager or any of its Affiliates as principal unless the transaction is effected in accordance with the Loan Obligation Collateral Management Agreement and (2) the Loan Obligation Collateral Manager shall not direct the Trustee to acquire any Replacement Loan Obligation Substitute Collateral Debt Security for inclusion in the Assets from any account or portfolio for which the Loan Obligation Collateral Manager serves as investment adviser or direct the Trustee to sell any Loan Obligation Collateral Debt Security to any account or portfolio for which the Loan Obligation Collateral Manager serves as investment adviser unless such transactions comply with the Loan Obligation Management Agreement and Section 206(3) requirements of the Advisers Actany applicable laws. The Trustee shall have no responsibility to oversee compliance with this clause by the other parties.

Appears in 3 contracts

Samples: Gramercy Real (Gramercy Capital Corp), Marathon Real Estate Finance, Inc., Arbor Realty Trust Inc

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Conditions Applicable to all Transactions Involving Sale or Grant. (a) Any transaction effected after the Closing Date under this Article 12 or Section 10.12 shall be conducted in accordance with the requirements of the Loan Obligation Management Agreement; provided that (1) the Loan Obligation Manager shall not direct the Trustee to acquire any Replacement Loan Obligation for inclusion in the Assets from the Loan Obligation Manager or any of its Affiliates as principal or to sell any Loan Obligation from the 153 Assets to the Loan Obligation Manager or any of its Affiliates as principal unless the transaction is effected in accordance with the Loan Obligation Management Agreement and (2) the Loan Obligation Manager shall not direct the Trustee to acquire any Replacement Loan Obligation for inclusion in the Assets from any account or portfolio for which the Loan Obligation Manager serves as investment adviser or direct the Trustee to sell any Loan Obligation to any account or portfolio for which the Loan Obligation Manager serves as investment adviser unless such transactions comply with the Loan Obligation Management Agreement and Section 206(3) of the Advisers Act. The Trustee shall have no responsibility to oversee compliance with this clause by the other parties.

Appears in 1 contract

Samples: Arbor Realty (Arbor Realty Trust Inc)

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