Common use of Litigation or Other Proceedings Clause in Contracts

Litigation or Other Proceedings. As of the date of origination and, to the Seller's actual knowledge, as of the Cut-off Date, there was no pending action, suit or proceeding, or governmental investigation of which it has received notice, against the Mortgagor or the related Mortgaged Property the adverse outcome of which could reasonably be expected to materially and adversely affect (i) such Mortgagor's ability to pay its obligations under the Mortgage Loan, (ii) the security intended to be provided by the Mortgage Loan documents or (iii) the current use of the Mortgaged Property.

Appears in 18 contracts

Samples: Mortgage Loan Purchase Agreement (Citigroup Commercial Mortgage Trust 2008-C7), Mortgage Loan Purchase Agreement (Citigroup Commercial Mortgage Trust 2008-C7), Loan Purchase Agreement (GS Mortgage Securities Trust 2006-Gg8)

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Litigation or Other Proceedings. As of the date of origination and, to the Seller's ’s actual knowledge, as of the Cut-off Closing Date, there was no pending action, suit or proceeding, or governmental investigation of which it has received notice, against the Mortgagor or the related Mortgaged Property the adverse outcome of which could reasonably be expected to materially and adversely affect (i) such Mortgagor's ’s ability to pay its obligations under the Mortgage Loan, (ii) the security intended to be provided by the Mortgage Loan documents or (iii) the current use of the Mortgaged Property.

Appears in 4 contracts

Samples: Mortgage Loan Purchase Agreement (GS Mortgage Securities Trust 2011-Gc5), Mortgage Loan Purchase Agreement (GS Mortgage Securities Trust 2011-Gc5), Mortgage Loan Purchase Agreement (GS Mortgage Securities Trust 2011-Gc5)

Litigation or Other Proceedings. As of the date of origination and, to the SellerBorrower's actual knowledge, as of the Cut-off Funding Date, there was no pending action, suit or proceeding, or governmental investigation of which it has received notice, against the Mortgagor or the related Mortgaged Property the adverse outcome of which could reasonably be expected to materially and adversely affect (i) such Mortgagor's ability to pay its obligations under the Mortgage Loan, (ii) the security intended to be provided by the Mortgage Loan documents or (iii) the current use of the Mortgaged Property.

Appears in 1 contract

Samples: Security Agreement (Ares Commercial Real Estate Corp)

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Litigation or Other Proceedings. As of the date of origination and, to the Seller's ’s actual knowledge, as of the Cut-off Purchase Date, there was no pending action, suit or proceeding, or governmental investigation of which it has received notice, against the Mortgagor or the related Mortgaged Property the adverse outcome of which could reasonably be expected to materially and adversely affect (i) such Mortgagor's ’s ability to pay its obligations under the Mortgage Purchased Loan, (ii) the security intended to be provided by the Mortgage Purchased Loan documents or (iii) the current use of the Mortgaged Property.

Appears in 1 contract

Samples: Master Repurchase Agreement (RAIT Financial Trust)

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