Common use of Enforcement; Unconditional Obligation Clause in Contracts

Enforcement; Unconditional Obligation. The Guaranty pursuant to this Section 5.05 will inure to the benefit of each Trust, and will be enforceable by the Trustee of that Trust, only as provided in this Trust Agreement. The Guarantor agrees that its obligation to pay any Guaranty Payment on a Distribution Date will be unconditional, regardless of: (i) the validity, legality or enforceability of, or any change in or amendment to, the Trust Documents; (ii) the absence of any action to enforce the payment obligation; (iii) the waiver or consent by the requisite vote of the Holders or by the Trustee with respect to any provisions of the Trust Documents, except pursuant to Section 11.04; or (iv) any action to enforce, or other circumstance that might otherwise constitute, a legal or equitable discharge or defense of a guarantor. Except as expressly provided in Section 9.01, the Guarantor waives diligence, presentment, demands of payment or otherwise, protest or notice with respect to each Certificate or the interest represented by such Certificate, and all demands whatsoever, and covenants that this Guaranty will not be discharged except upon complete and irrevocable payment of any Guaranty Payment required hereunder.

Appears in 11 contracts

Samples: Single Family Mega/Supers Master Trust Agreement, SMBS Master Trust Agreement, Single Family Mega/Supers Master Trust Agreement

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Enforcement; Unconditional Obligation. The Guaranty obligations pursuant to this Section 5.05 will inure to the benefit of each Trust, and will be enforceable by the Trustee of that Trust, only as provided in this Trust Agreement. The Guarantor agrees that its obligation to pay any Guaranty Payment on a Distribution Date will be unconditional, regardless of: (i) the validity, legality or enforceability of, or any change in or amendment to, the Trust Documents; (ii) the absence of any action to enforce the Guarantor’s payment obligation; (iii) the waiver or consent by the requisite vote of the Holders or by the Trustee with respect to any provisions of the Trust Documents, except pursuant to Section 11.0412.04; or (iv) any action to enforce, or other circumstance that might otherwise constitute, a legal or equitable discharge or defense of a guarantor. Except as expressly provided in Section 9.0110.01, the Guarantor waives diligence, presentment, demands of payment or otherwise, protest or notice with respect to each Certificate or the interest represented by such Certificate, and all demands whatsoever, and covenants that this Guaranty will not be discharged except upon complete and irrevocable payment of any Guaranty Payment required hereunder.

Appears in 4 contracts

Samples: Remic Master Trust Agreement, Remic Master Trust Agreement, Remic Master Trust Agreement

Enforcement; Unconditional Obligation. The Guaranty obligations pursuant to this Section 5.05 7.5 will inure to the benefit of each Trust, and will be enforceable by the Trustee of that Trust, only as provided in this Trust Agreement. The Guarantor agrees that its obligation to pay any Guaranty Payment on a each Distribution Date the amounts guaranteed by it under Subsection 7.5(1) will be unconditional, regardless of: (i) the validity, legality or enforceability of, or any change in or amendment to, the Trust Documents; (ii) the failure of any Person to pay any Guaranty Fee; (iii) the absence of any action to enforce the Guarantor’s payment obligation; (iiiiv) the waiver or consent by the requisite vote of the Holders or by the Trustee with respect to any provisions of the Trust Documents, except pursuant to Section 11.0414.4; or (ivv) any action to enforce, or other circumstance that might otherwise constitute, a legal or equitable discharge or defense of a guarantor. Except as expressly provided in Subsection 7.5(1) or Section 9.0112.1, the Guarantor waives diligence, presentment, demands of payment or otherwise, protest or notice with respect to each Certificate or the interest represented by such Certificate, and all demands whatsoever, and covenants that this Guaranty will not be discharged except upon complete and irrevocable payment of any Guaranty Payment required hereunder.the amounts described in Subsection 7.5(1).‌

Appears in 4 contracts

Samples: Multifamily Master Trust Agreement, Amended and Restated 2021 Multifamily Master Trust Agreement, 2021 Multifamily Master Trust Agreement

Enforcement; Unconditional Obligation. The Guaranty pursuant to this Section 5.05 will inure to the benefit of each Trust, and will be enforceable by the Trustee of that Trust, only as provided in this Trust Agreement. The Guarantor agrees that its obligation to pay any Guaranty Payment on a Distribution Date will be unconditional, regardless of: (i) the validity, legality or enforceability of, or any change in or amendment to, the Trust Documents; (ii) the absence of any action to enforce the Guarantor’s payment obligation; (iii) the waiver or consent by the requisite vote of the Holders or by the Trustee with respect to any provisions of the Trust Documents, except pursuant to Section 11.0410.04; or (iv) any action to enforce, or other circumstance that might otherwise constitute, a legal or equitable discharge or defense of a guarantor. Except as expressly provided in Section 9.018.01, the Guarantor waives diligence, presentment, demands of payment or otherwise, protest or notice with respect to each Certificate or the interest represented by such Certificate, and all demands whatsoever, and covenants that this Guaranty will not be discharged except upon complete and irrevocable payment of any Guaranty Payment required hereunder.

Appears in 4 contracts

Samples: Remic Master Trust Agreement, Remic Master Trust Agreement, Remic Master Trust Agreement

Enforcement; Unconditional Obligation. The Guaranty pursuant to this Section 5.05 will inure to the benefit of each the Trust, and will be enforceable by the Trustee of that TrustTrustee, only as provided in this Trust Agreement. The Guarantor agrees that its obligation to pay any Guaranty Payment on a Distribution Date will be unconditional, regardless of: (i) the validity, legality or enforceability of, or any change in or amendment to, the Trust DocumentsAgreement; (ii) the absence of any action to enforce the Guarantor’s payment obligation; (iii) the waiver or consent by the requisite vote of the Holders or by the Trustee with respect to any provisions of the Trust DocumentsAgreement, except pursuant to Section 11.0410.04; or (iv) any action to enforce, or other circumstance that might otherwise constitute, a legal or equitable discharge or defense of a guarantor. Except as expressly provided in Section 9.018.01, the Guarantor waives diligence, presentment, demands of payment or otherwise, protest or notice with respect to each Certificate or the interest represented by such Certificate, and all demands whatsoever, and covenants that this Guaranty will not be discharged except upon complete and irrevocable payment of any Guaranty Payment required hereunder.

Appears in 1 contract

Samples: Trust Agreement

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Enforcement; Unconditional Obligation. The Guaranty obligations pursuant to this Section 5.05 7.5 will inure to the benefit of each Trust, and will be enforceable by the Trustee of that Trust, only as provided in this Trust Agreement. The Guarantor agrees that its obligation to pay any Guaranty Payment on a each Distribution Date the amounts guaranteed by it under Subsection 7.5(1) will be unconditional, regardless of: (i) the validity, legality or enforceability of, or any change in or amendment to, the Trust Documents; (ii) the failure of any Person to pay any Guaranty Fee; (iii) the absence of any action to enforce the Guarantor’s payment obligation; (iiiiv) the waiver or consent by the requisite vote of the Holders or by the Trustee with respect to any provisions of the Trust Documents, except pursuant to Section 11.0414.4; or (ivv) any action to enforce, or other circumstance that might otherwise constitute, a legal or equitable discharge or defense of a guarantor. Except as expressly provided in Subsection 7.5(1) or Section 9.0112.1, the Guarantor waives diligence, presentment, demands of payment or otherwise, protest or notice with respect to each Certificate or the interest represented by such Certificate, and all demands whatsoever, and covenants that this Guaranty will not be discharged except upon complete and irrevocable payment of any Guaranty Payment required hereunder.the amounts described in Subsection 7.5(1).‌‌

Appears in 1 contract

Samples: 2009 Multifamily Master Trust Agreement

Enforcement; Unconditional Obligation. The Guaranty obligations pursuant to this Section 5.05 7.5 will inure to the benefit of each Trust, and will be enforceable by the Trustee of that Trust, only as provided in this Trust Agreement. The Guarantor agrees that its obligation to pay any Guaranty Payment on a each Distribution Date the amounts guaranteed by it under Subsection 7.5(1) will be unconditional, regardless of: (i) the validity, legality or enforceability of, or any change in or amendment to, the Trust Documents; (ii) the failure of any Person to pay any Guaranty Fee; (iii) the absence of any action to enforce the Guarantor’s payment obligation; (iiiiv) the waiver or consent by the requisite vote of the Holders or by the Trustee with respect to any provisions of the Trust Documents, except pursuant to Section 11.0414.4; or (ivv) any action to enforce, or other circumstance that might otherwise constitute, a legal or equitable discharge or defense of a guarantor. Except as expressly provided in Subsection 7.5(1) or Section 9.0112.1, the Guarantor waives diligence, presentment, demands of payment or otherwise, protest or notice with respect to each Certificate or the interest represented by such Certificate, and all demands whatsoever, and covenants that this Guaranty will not be discharged except upon complete and irrevocable payment of any Guaranty Payment required hereunderthe amounts described in Subsection 7.5(1).

Appears in 1 contract

Samples: Second Amended and Restated 2007 Single Family Master Trust Agreement

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