Common use of Maintenance of Financial Covenants Clause in Contracts

Maintenance of Financial Covenants. To the extent that Seller is obligated under any other Indebtedness (whether now in effect or in effect at any time during the term of the Agreement) to comply with a financial covenant that is comparable to any of the financial covenants set forth in Section 13(p) and such comparable financial covenant is more restrictive to Seller or otherwise more favorable to the related lender or buyer thereunder than any financial covenant hereunder, such comparable financial covenant shall, with no further action required on the part of either Seller or Buyer, automatically become a part hereof and be incorporated herein, and Seller hereby covenants to maintain compliance with such comparable financial covenant at all times throughout the terms of this Agreement. In the event that such other Indebtedness is terminated or otherwise amended such that the comparable financial covenant is no longer more restrictive to Seller, Seller shall provide notice to Buyer of such termination or amendment, and within thirty (30) days of Buyer’s receipt of such notice, Buyer may in its sole reasonable discretion agree that the original terms of the related financial covenant in this Agreement is deemed to be reinstated by providing written notice to Seller of such reinstatement.

Maintenance of Financial Covenants. To the extent that Seller Seller, KKR REIT or Guarantor is obligated obligated, under any other Indebtedness repurchase agreement, loan agreement, warehouse facility, guaranty or similar credit facility involving the financing of commercial real estate assets which are similar to the Purchased Assets (expressly excluding loans secured by single-family rental properties), whether now in effect or in effect at any time during the term of the this Agreement) , to comply with a financial covenant that is comparable to any of the financial covenants set forth in Section 13(p) this Agreement, and such comparable financial covenant is more restrictive to Seller or otherwise more favorable to the related lender or buyer thereunder than any financial covenant hereunderset forth in this Agreement, or is in addition to any financial covenant set forth in this Agreement, then such comparable or additional financial covenant shall, with no further action required on the part of either Seller or Buyer, automatically become a part hereof of this Agreement and be incorporated herein, and Seller hereby covenants to maintain compliance with such comparable or additional financial covenant at all times throughout the terms remaining term of this Agreement. In connection therewith, Seller agrees to promptly notify Buyer of the event execution of any agreement or other document that would cause the provisions of this Section 18.25 to become effective. Seller further agrees to execute and deliver any new guaranties, agreements or amendments to this Agreement or any other Repurchase Document necessary to evidence all such other Indebtedness is terminated new or otherwise amended such modified provisions, provided that the comparable financial covenant is no longer more restrictive to Seller, Seller shall provide notice to Buyer execution of such termination or amendmentamendment shall not be a precondition to the effectiveness of this Section 18.25, and within thirty (30) days of Buyer’s receipt of such notice, Buyer may in its sole reasonable discretion agree that but shall merely be for the original terms convenience of the related financial covenant in this Agreement is deemed to be reinstated by providing written notice to Seller of such reinstatementParties.