Common use of Lender’s Rights to Sell or Securitize Clause in Contracts

Lender’s Rights to Sell or Securitize. Borrower acknowledges that Lender, and each successor to Lender's interest, may (without prior notice to Borrower or Borrower's prior consent), sell or grant participations in the Loan (or any part thereof), sell or subcontract the servicing rights related to the Loan, Securitize the Loan or include the Loan as part of a Securitization and, in connection therewith, assign Lender's rights hereunder to a securitization trustee. Borrower, at its expense, agrees to cooperate with all reasonable requests of Lender in connection with any of the foregoing including, without limitation, executing any financing statements or other documents deemed necessary by Lender or its transferee to create, perfect or preserve the rights and interest to be acquired by such transferee, provide any updated financial information with appropriate verification through auditors letters, revised organizational documents and counsel opinions satisfactory to the Rating Agencies, executed amendments to the Loan Documents, and review information contained in a preliminary or final private placement memorandum, prospectus, prospectus supplements or other disclosure document, providing a mortgagor estoppel certificate and such other information about Borrower, General Partner, any Guarantor or the Property as Lender may require for Lender's offering materials.

Appears in 1 contract

Samples: Loan Agreement (Consolidated Capital Properties Iv)

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Lender’s Rights to Sell or Securitize. Borrower acknowledges that Lender, and each successor to Lender's ’s interest, may (without prior notice Notice to Borrower or Borrower's ’s prior consent), sell or grant participations in the Loan (or any part thereofof the Loan), sell or subcontract the servicing rights related to the Loan, Securitize securitize the Loan or include the Multifamily Loan and Security Agreement (CME) Page73 Loan as part of a Securitization and, in connection therewith, assign Lender's rights hereunder to a securitization trusteetrust. Borrower, at its expense, agrees to cooperate with all reasonable requests of Lender in connection with any of the foregoing including, without limitation, including executing any financing statements or other documents deemed necessary by Lender or its transferee to create, perfect or preserve the rights and interest to be acquired by such transferee, provide providing any updated financial information with appropriate verification through auditors letters, delivering revised organizational documents and counsel opinions satisfactory to the Rating Agencies, executed amendments to the Loan Documents, and review information contained in a preliminary or final private placement memorandum, prospectus, prospectus supplements or other disclosure documentDisclosure Document, and providing a mortgagor estoppel certificate and such other information about Borrower, General Partnerany SPE Equity Owner, any Guarantor Guarantor, any Property Manager or the Mortgaged Property as Lender may require for Lender's ’s offering materials.

Appears in 1 contract

Samples: Multifamily Loan and Security Agreement (KBS Legacy Partners Apartment REIT, Inc.)

Lender’s Rights to Sell or Securitize. Borrower acknowledges that Lender, and each successor to Lender's interest, may (without prior notice to Borrower or Borrower's prior consent), sell or grant participations in the Loan (or any part thereof), sell or subcontract the servicing rights related to the Loan, Securitize the Loan or include the Loan as part of a Securitization and, in connection therewith, assign Lender's rights hereunder to a securitization trustee. Notwithstanding the foregoing, Lender shall use its best efforts to notify Borrower of any such actions but Lender's failure to do so shall not impair in any respect Lender's right to take such actions. Borrower, at its expense, agrees to cooperate with all reasonable requests of Lender in connection with any of the foregoing including, without limitation, executing any financing statements or other documents deemed necessary by Lender or its transferee to create, perfect or preserve the rights and interest to be acquired by such transferee, provide any updated financial information with appropriate verification through auditors letters, deliver a so called "10b-5" opinion, revised organizational documents and counsel opinions satisfactory to the Rating Agencies, executed amendments to the Loan Documents, and review information contained in a preliminary or final private placement memorandum, prospectus, prospectus supplements or other disclosure document, providing a mortgagor estoppel certificate and such other information about Borrower, General PartnerSPE Equity Owner, any Guarantor or the Property as Lender may require for Lender's offering materials.

Appears in 1 contract

Samples: Loan Agreement (Capital Senior Living Corp)

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Lender’s Rights to Sell or Securitize. Borrower acknowledges that Lender, and each successor to Lender's ’s interest, may (without prior notice to Borrower or Borrower's ’s prior consent), sell or grant participations in the Loan (or any part thereof), sell or subcontract the servicing rights related to the Loan, Securitize the Loan or include the Loan as part of a Securitization and, in connection therewith, assign Lender's ’s rights hereunder to a securitization trustee. Borrower, at its expense, Borrower agrees to cooperate with all reasonable requests of Lender in connection with any of the foregoing including, without limitation, executing any financing statements or other documents deemed necessary by Lender or its transferee to create, perfect or preserve the rights and interest to be acquired by such transferee, provide any updated financial information with appropriate verification through auditors letters, revised organizational documents and counsel opinions satisfactory to the Rating Agencies, executed amendments to the Loan Documents, and review information contained in a preliminary or final private placement memorandum, prospectus, prospectus supplements or other disclosure document, providing a mortgagor estoppel certificate and such other information about Borrower, General PartnerSPE Equity Owner, any Guarantor or the Property as Lender may reasonably require for Lender's ’s offering materials. Any costs and expenses incurred by Borrower in connection with this Section 15.02 shall be borne by Lender.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.)

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