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 Collateral Management Agreement; provided that (1) the Collateral Manager shall not direct the Trustee to acquire any Mortgage Asset for inclusion in the Collateral from the Collateral Manager or any of its Affiliates as principal or to sell any Mortgage Asset from the Collateral to the Collateral Manager or any of its Affiliates as principal unless the transaction is effected in accordance with the Collateral Management Agreement and (2) the Collateral Manager shall not direct the Trustee to acquire any Mortgage Asset for inclusion in the Collateral from any account or portfolio for which the Collateral Manager serves as investment adviser or direct the Trustee to sell any Mortgage Asset to any account or portfolio for which the Collateral Manager serves as investment adviser unless such transactions comply with the Collateral 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: Confidentiality Agreement (Lument Finance 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 10.11 shall be conducted in accordance with the requirements of the Collateral Management Agreement; provided that (1) the Collateral Manager shall not direct the Trustee to acquire any Mortgage Asset Substitute Collateral Debt Security for inclusion in the Collateral Assets from the Collateral Manager or any of its Affiliates as principal or to sell any Mortgage Asset Collateral Debt Security from the Collateral Assets to the Collateral Manager or any of its Affiliates as principal unless the transaction is effected in accordance with the Collateral Management Agreement and (2) the Collateral Manager shall not direct the Trustee to acquire any Mortgage Asset Substitute Collateral Debt Security for inclusion in the Collateral Assets from any account or portfolio for which the Collateral Manager serves as investment adviser or direct the Trustee to sell any Mortgage Asset Collateral Debt Security to any account or portfolio for which the Collateral Manager serves as investment adviser unless such transactions comply with the Collateral 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 1 contract

Samples: Arbor Realty Trust Inc

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 10.13 shall be conducted in accordance with the requirements of the Collateral Management Agreement; provided that (1) the Collateral Manager shall not direct not, on behalf of the Trustee to acquire any Reinvestment Mortgage Asset Loan for inclusion in the Collateral from the Collateral Manager or any of its Affiliates as principal or to sell any Mortgage Asset Loan from the Collateral to the Collateral Manager or any of its Affiliates as principal unless the transaction is effected in accordance with the Collateral Management Agreement and (2) the Collateral Manager shall not direct the Trustee to acquire any Reinvestment Mortgage Asset Loan for inclusion in the Collateral from any account or portfolio for which the Collateral Manager serves as investment adviser or direct the Trustee to sell any Mortgage Asset Loan to any account or portfolio for which the Collateral Manager serves as investment adviser unless such transactions comply with the Collateral 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: Indenture (LoanCore Realty Trust, Inc.)

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 10.13 shall be conducted in accordance with the requirements of the Collateral Management Agreement; provided that that, (1) the Collateral Manager shall not direct the Trustee to acquire any Mortgage Asset Substitute Collateral Debt Security for inclusion in the Collateral Assets from the Collateral Manager or any of its Affiliates as principal or to sell any Mortgage Asset Collateral Debt Security from the Collateral Assets to the Collateral Manager or any of its Affiliates as principal unless the transaction is effected in accordance with the Collateral Management Agreement and (2) the Collateral Manager shall not direct the Trustee to acquire any Mortgage Asset Substitute Collateral Debt Security for inclusion in the Collateral Assets from any account or portfolio for which the Collateral Manager serves as investment adviser or direct the Trustee to sell any Mortgage Asset Collateral Debt Security to any account or portfolio for which the Collateral Manager serves as investment adviser unless such transactions comply with the Collateral 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 1 contract

Samples: Cdo Servicing Agreement (Gramercy Capital Corp)

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 Collateral Management Agreement; provided that (1) the Collateral Manager shall not direct the Trustee to acquire any Mortgage Asset Substitute Collateral Debt Security for inclusion in the Collateral Assets from the Collateral Manager or any of its Affiliates as principal or to sell any Mortgage Asset Collateral Debt Security from the Collateral Assets to the Collateral Manager or any of its Affiliates as principal unless the transaction is effected in accordance with the Collateral Management Agreement and (2) the Collateral Manager shall not direct the Trustee to acquire any Mortgage Asset Substitute Collateral Debt Security for inclusion in the Collateral Assets from any account or portfolio for which the Collateral Manager serves as investment adviser or direct the Trustee to sell any Mortgage Asset Collateral Debt Security to any account or portfolio for which the Collateral Manager serves as investment adviser unless such transactions comply with the Collateral 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 1 contract

Samples: 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 10.15 shall be conducted in accordance with the requirements of the Collateral Management Agreement; provided that that, (1) the Collateral Manager shall not direct the Trustee to acquire any Mortgage Asset Substitute Collateral Interest for inclusion in the Collateral from the Collateral Manager or any of its Affiliates as principal or to sell any Mortgage Asset Collateral Interest from the Collateral to the Collateral Manager or any of its Affiliates as principal unless the transaction is effected in accordance with the Collateral Management Agreement and (2) the Collateral Manager shall not direct the Trustee to acquire any Mortgage Asset Substitute Collateral Interest for inclusion in the Collateral from any account or portfolio for which the Collateral Manager serves as investment adviser or direct the Trustee to sell any Mortgage Asset Collateral Interest to any account or portfolio for which the Collateral Manager serves as investment adviser unless such transactions comply with the Collateral Management Agreement and Section 206(3) requirements of any applicable laws, including, if applicable, the Advisers Act. The Trustee shall have no responsibility to oversee compliance with this clause by the other parties.

Appears in 1 contract

Samples: Management Agreement and Servicing Agreement (CBRE Realty Finance Inc)

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 10.13 shall be conducted in accordance with the requirements of the Collateral Management Agreement; , provided that that, (1) the Collateral Manager shall not direct the Trustee to acquire any Mortgage Asset Substitute Collateral Obligation for inclusion in the Collateral Assets from the Collateral Manager or any of its Affiliates as principal or to sell any Mortgage Asset Collateral Obligation from the Collateral Assets to the Collateral Manager or any of its Affiliates as principal unless the transaction is effected in accordance with the Collateral Management Agreement and (2) the Collateral Manager shall not direct the Trustee to acquire any Mortgage Asset Substitute Collateral Obligation for inclusion in the Collateral Assets from any account or portfolio for which the Collateral Manager serves as investment adviser or direct the Trustee to sell any Mortgage Asset Collateral Obligation to any account or portfolio for which the Collateral Manager serves as investment adviser unless such transactions comply with the Collateral Management Agreement and Section 206(3) the 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 1 contract

Samples: Capitalsource Inc

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