Common use of Due Execution; Enforceability Clause in Contracts

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by Seller, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.

Appears in 32 contracts

Samples: Master Repurchase and Securities Contract Agreement (Claros Mortgage Trust, Inc.), Master Repurchase and Securities Contract Agreement, Master Repurchase Agreement

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Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by Seller, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.

Appears in 22 contracts

Samples: Master Repurchase Agreement (Claros Mortgage Trust, Inc.), Master Repurchase Agreement (Claros Mortgage Trust, Inc.), Master Repurchase Agreement

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by SellerBuyer, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of SellerBuyer, enforceable against Seller Buyer in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.

Appears in 12 contracts

Samples: Master Repurchase Agreement (Ready Capital Corp), Master Repurchase Agreement, Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.)

Due Execution; Enforceability. The Transaction Documents to which it is a party have been or will be duly executed and delivered by Seller, for good and valuable consideration. The Once executed by each applicable counterparty, the Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principlesgeneral principles of equity.

Appears in 8 contracts

Samples: Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.), Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.), Master Repurchase Agreement (Seven Hills Realty Trust)

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by Seller, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors' rights generally and to equitable principles.

Appears in 7 contracts

Samples: Master Repurchase Agreement (Anthracite Capital Inc), Master Repurchase Agreement (Anthracite Capital Inc), Master Repurchase Agreement (LNR Property Corp)

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by Such Seller, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of such Seller, enforceable against such Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.

Appears in 3 contracts

Samples: Master Repurchase Agreement (KKR Real Estate Finance Trust Inc.), Master Repurchase Agreement (KKR Real Estate Finance Trust Inc.), Master Repurchase Agreement (KKR Real Estate Finance Trust Inc.)

Due Execution; Enforceability. The Each Transaction Documents have Document has been or will be duly executed and delivered by such Seller, for good and valuable consideration. The Each Transaction Documents constitute Document constitutes the legal, valid and binding obligations obligation of such Seller, enforceable against such Seller in accordance with their respective terms subject to its terms, except as limited by bankruptcy, insolvency, and moratorium, fraudulent conveyance or other limitations on laws relating to the enforcement of creditors’ rights generally and to equitable principlesgeneral principles of equity (regardless of whether enforcement is sought at equity or law).

Appears in 3 contracts

Samples: Master Receivables Purchase Agreement (Scotts Miracle-Gro Co), Master Receivables Purchase Agreement (Harmonic Inc), Master Receivables Purchase Agreement (ChampionX Corp)

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by such Seller, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of such Seller, enforceable against such Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.

Appears in 3 contracts

Samples: Master Repurchase Agreement (Ready Capital Corp), Master Repurchase Agreement (Sutherland Asset Management Corp), Master Repurchase Agreement (Sutherland Asset Management Corp)

Due Execution; Enforceability. The Each of the Transaction Documents have has been or will be duly executed and delivered by Seller, for good and valuable consideration. The Each of the Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors' rights generally and to equitable principles.

Appears in 2 contracts

Samples: Master Repurchase Agreement (CBRE Realty Finance Inc), Master Repurchase Agreement (Capital Trust Inc)

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by Seller, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, reorganization, receivership, moratorium and other laws and limitations on creditors’ rights generally and to equitable principles.

Appears in 2 contracts

Samples: Master Repurchase Agreement, Master Repurchase Agreement (KBS Real Estate Investment Trust, Inc.)

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by Seller, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.), Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.)

Due Execution; Enforceability. The Transaction Documents to which it is a party have been or will be duly executed and delivered by Seller, for good and valuable consideration. The Once executed by each applicable counterparty, the Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.

Appears in 2 contracts

Samples: Master Repurchase Agreement (RAIT Financial Trust), Master Repurchase Agreement (RAIT Financial Trust)

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by SellerXxxxxx, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.

Appears in 2 contracts

Samples: Master Repurchase and Securities Contract Agreement (Starwood Credit Real Estate Income Trust), Master Repurchase and Securities Contract Agreement (Claros Mortgage Trust, Inc.)

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by each Seller, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of Seller, each Seller enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.

Appears in 1 contract

Samples: Master Repurchase Agreement (Capital Trust Inc)

Due Execution; Enforceability. The Each of the Transaction Documents have has been or will be duly executed and delivered by Seller, for good and valuable consideration. The Each of the Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.

Appears in 1 contract

Samples: Master Repurchase Agreement (American Mortgage Acceptance Co)

Due Execution; Enforceability. The Transaction Documents have ----------------------------- been or will be duly executed and delivered by Seller, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors' rights generally and to equitable principles.

Appears in 1 contract

Samples: Master Repurchase Agreement (LNR Property Corp)

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Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by Seller, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to terms, except as may be limited by bankruptcy, insolvency, and reorganization, moratorium or other limitations on similar laws relating to or limiting creditors' rights generally and or by equitable principles relating to equitable principlesenforceability.

Appears in 1 contract

Samples: Master Repurchase Agreement (Criimi Mae Inc)

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by Seller, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.

Appears in 1 contract

Samples: Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.)

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by SellerBuyer, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of SellerBuyer, enforceable against Seller Buyer in accordance with their respective terms subject to terms, except as may be limited by bankruptcy, insolvency, and reorganization, moratorium or other limitations on similar laws relating to or limiting creditors' rights generally and or by equitable principles relating to equitable principlesenforceability.

Appears in 1 contract

Samples: Master Repurchase Agreement (Criimi Mae Inc)

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by SellerBuyer, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of SellerBuyer, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.

Appears in 1 contract

Samples: Master Repurchase Agreement (Criimi Mae Inc)

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by Seller, for good and valuable 42 consideration. The Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors' rights generally and to equitable principles.

Appears in 1 contract

Samples: Master Repurchase Agreement (Northstar Realty)

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by each Seller, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of each Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.

Appears in 1 contract

Samples: Master Repurchase Agreement (Capital Trust Inc)

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by Seller, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of Seller, Seller enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors' rights generally and to equitable principles.

Appears in 1 contract

Samples: Master Repurchase Agreement (Winthrop Realty Trust)

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by Seller, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms terms, subject to bankruptcy, insolvency, and other limitations on creditors’ rights generally and to equitable principles.. Repurchase Agreement $250MM Facility

Appears in 1 contract

Samples: Master Repurchase Agreement (CBRE Realty Finance Inc)

Due Execution; Enforceability. The Transaction Documents have been or will be duly executed and delivered by Seller, for good and valuable consideration. The Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditors' rights generally and to equitable principles.

Appears in 1 contract

Samples: Master Repurchase Agreement (Northstar Realty)

Due Execution; Enforceability. The Each of the Transaction Documents have has been or will be duly executed and delivered by Seller, for good and valuable consideration. The Each of the Transaction Documents constitute the legal, valid and binding obligations of Seller, enforceable against Seller in accordance with their respective terms subject to bankruptcy, insolvency, and other limitations on creditorscreditor;’ rights generally and to equitable principles.

Appears in 1 contract

Samples: Master Repurchase Agreement (CBRE Realty Finance Inc)

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