Common use of Initiation of Litigation Clause in Contracts

Initiation of Litigation. None of the Issuer, the Master Servicer, a Direct Servicer or the Trustee will be required to institute or join in litigation with respect to the collection of any payment (whether under a Mortgage Document or otherwise or against any public or governmental authority with respect to a taking or condemnation) if that Person reasonably believes that enforcing any provision of the Mortgage Documents pursuant to which the payment is required is prohibited by applicable law, including any decision or order of a court in a bankruptcy proceeding or other litigation.

Appears in 7 contracts

Samples: Second Amended and Restated 2016 Single Family Master Trust Agreement, Second Amended and Restated 2007 Single Family Master Trust Agreement, Single Family Master Trust Agreement

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Initiation of Litigation. None of the Issuer, the Master Servicer, a Direct Primary Servicer or the Trustee will be required to institute or join in litigation with respect to the collection of any payment (whether under a Mortgage Document or otherwise or against any public or governmental authority with respect to a taking or condemnation) if that Person reasonably believes that enforcing any provision of the Mortgage Documents pursuant to which the payment is required is prohibited by applicable law, including any decision or order of a court in a bankruptcy proceeding or other litigation.litigation.β€Œ

Appears in 5 contracts

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

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Initiation of Litigation. None of the Issuer, the Master Servicer, a Direct Primary Servicer or the Trustee will be required to institute or join in litigation with respect to the collection of any payment (whether under a Mortgage Document or otherwise or against any public or governmental authority with respect to a taking or condemnation) if that Person reasonably believes that enforcing any provision of the Mortgage Documents pursuant to which the payment is required is prohibited by applicable law, including any decision or order of a court in a bankruptcy proceeding or other litigation.

Appears in 2 contracts

Samples: 2010 Multifamily Master Trust Agreement, 2007 Multifamily Master Trust Agreement

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