Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset File or as otherwise provided in the related Purchased Asset Documents (a) the material terms of such Mortgage, Mortgage Note, guaranty, participation agreement, if applicable, and related Purchased Asset Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could have a material adverse effect on Purchased Asset; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset Documents. With respect to each Purchased Asset, except as contained in a written document included in the Purchased Asset File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset consented to by Seller.
Appears in 9 contracts
Samples: Bailee Agreement (FS Credit Real Estate Income Trust, Inc.), Bailee Agreement (ACRES Commercial Realty Corp.), Master Repurchase and Securities Contract Agreement (Claros Mortgage Trust, Inc.)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset Mortgage File or as otherwise provided in the related Purchased Asset Loan Documents (a) the material terms of such Mortgage, Mortgage Note, Mortgage Loan guaranty, participation agreement, if applicable, and related Purchased Asset Loan Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could have a material adverse effect on Purchased Assetwhich materially interferes with the security intended to be provided by such Mortgage; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower Borrower nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset DocumentsMortgage Loan. With respect to each Purchased AssetMortgage Loan, except as contained in a written document included in the Purchased Asset Mortgage File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset Mortgage Loan that have been consented to by Sellerthe Mortgage Loan Seller on or after January 10, 2024.
Appears in 5 contracts
Samples: Mortgage Loan Purchase Agreement (Benchmark 2024-V5 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2024-V5 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2024-V5 Mortgage Trust)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset File or as otherwise provided in the related Purchased Asset Documents (a) the material terms of such Mortgage, Mortgage Note, guaranty, participation agreement, if applicable, and related Purchased Asset Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could have a material adverse effect on Purchased Asset; (b) no related Underlying Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Underlying Mortgaged Property; and (c) neither the related borrower nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset Documents. With respect to each Purchased Asset, except as contained in a written document included in the Purchased Asset File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset consented to by Seller.
Appears in 5 contracts
Samples: Custodial Agreement (Claros Mortgage Trust, Inc.), Custodial Agreement (Claros Mortgage Trust, Inc.), Securities Contract Agreement (Terra Property Trust, Inc.)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset Mortgage File or as otherwise provided in the related Purchased Asset Loan Documents (a) the material terms of such Mortgage, Mortgage Note, Mortgage Loan guaranty, participation agreement, if applicable, and related Purchased Asset Loan Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could have a material adverse effect on Purchased Assetwhich materially interferes with the security intended to be provided by such Mortgage; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower Borrower nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset DocumentsMortgage Loan. With respect to each Purchased AssetMortgage Loan, except as contained in a written document included in the Purchased Asset Mortgage File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset Mortgage Loan that have been consented to by Sellerthe Mortgage Loan Seller on or after June 14, 2024.
Appears in 4 contracts
Samples: Mortgage Loan Purchase Agreement (Benchmark 2024-V8 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2024-V8 Mortgage Trust), Mortgage Loan Purchase Agreement (Benchmark 2024-V8 Mortgage Trust)
Mortgage Status; Waivers and Modifications. Since origination and except prior to the Closing Date by written instruments set forth in the related Purchased Asset File or as otherwise provided in the related Purchased Asset Documents (ai) the material terms of such the Mortgage, Mortgage Note, Underlying Loan guaranty, participation agreement, if applicable, and related Purchased Asset other Underlying Loan Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could have a material adverse effect on Purchased Assetrespect; (bii) no related neither the Mortgaged Property or Property, nor any portion thereof thereof, has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such the Mortgage or the use or operation of the remaining portion of such the Mortgaged Property; and (ciii) neither the related borrower Underlying Borrower nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset DocumentsUnderlying Loan. With respect to each Purchased Asset, except Except as contained in a written document included in the Purchased Asset File, there have been no modifications, amendments or waiverswaivers consented to by Borrower or Underlying Lender, as applicable, with respect to the Underlying Loan that could be reasonably expected to have a material adverse effect on such Purchased Asset consented to by Sellerthe Underlying Loan on or after the Closing Date.
Appears in 3 contracts
Samples: Loan and Security Agreement (TPG RE Finance Trust, Inc.), Loan and Security Agreement (TPG RE Finance Trust, Inc.), Loan and Security Agreement (TPG RE Finance Trust, Inc.)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Mortgage Asset File or as otherwise provided in the related Purchased Mortgage Asset Documents (a) the material terms of such Mortgage, Mortgage Note, guaranty, participation agreement, if applicable, and related Purchased Mortgage Asset Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could have a material adverse effect on Purchased Mortgage Asset; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Mortgage Asset Documents. With respect to each Purchased Mortgage Asset, except as contained in a written document included in the Purchased Mortgage Asset File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Mortgage Asset consented to by SellerIssuer.
Appears in 2 contracts
Samples: Indenture and Credit Agreement (Terra Property Trust, Inc.), Indenture and Credit Agreement (Terra Secured Income Fund 5, LLC)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Mortgage Asset File or as otherwise provided in the related Purchased Asset Documents (a) the material terms of such Mortgage, Mortgage Note, Mortgage Loan guaranty, participation agreementParticipation Agreement, if applicable, and related Purchased Asset Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could be reasonably expected to have a material adverse effect on Purchased Assetsuch Mortgage Loan; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower Borrower nor the related guarantor nor the related participating Person institution has been released from its material obligations under the Purchased Asset DocumentsMortgage Loan or Participation, if applicable. With respect to each Purchased AssetMortgage Loan, except as contained in a written document included in the Purchased Mortgage Asset File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset Mortgage Loan consented to by SellerSeller on or after the Cut-off Date.
Appears in 2 contracts
Samples: Mortgage Asset Purchase Agreement (TPG RE Finance Trust, Inc.), Mortgage Asset Purchase Agreement (TPG RE Finance Trust, Inc.)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset File or as otherwise provided in the related Purchased Asset Documents (a) the material terms of such Mortgage, Mortgage Note, guaranty, participation agreement, if applicable, and related Purchased Asset Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could be reasonably expected to have a material adverse effect on the Purchased Asset; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset Documents. With respect to each Purchased Asset, except as contained in a written document included in the Purchased Asset File, there have been no modifications, amendments or waivers, waivers consented to by Seller that could be reasonably expected to have a material adverse effect on such Purchased Asset consented to by SellerAsset.
Appears in 2 contracts
Samples: Master Repurchase and Securities Contract Agreement (KKR Real Estate Finance Trust Inc.), Master Repurchase and Securities Contract Agreement (KKR Real Estate Finance Trust Inc.)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset Collateral Interest File or as otherwise provided in the related Purchased Asset Documents (a) the material terms of such Mortgage, Mortgage Note, Mortgage Loan guaranty, participation agreementParticipation Agreement, if applicable, and related Purchased Asset Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could be reasonably expected to have a material adverse effect on Purchased Assetsuch Mortgage Loan; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower Borrower nor the related guarantor nor the related participating Person institution has been released from its material obligations under the Purchased Asset DocumentsMortgage Loan or Participation, if applicable. With respect to each Purchased AssetMortgage Loan, except as contained in a written document included in the Purchased Asset Collateral Interest File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset Mortgage Loan consented to by SellerSeller on or after the Cut-off Date.
Appears in 2 contracts
Samples: Collateral Interest Purchase Agreement (TPG RE Finance Trust, Inc.), Collateral Interest Purchase Agreement (TPG RE Finance Trust, Inc.)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset File or as otherwise provided in the related Purchased Asset Documents (a1) the material terms of such Mortgage, Mortgage Note, guaranty, participation agreement, if applicable, and related Purchased Asset Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could have a material adverse effect on Purchased Asset; (b1) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c1) neither the related borrower nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset Documents. With respect to each Purchased Asset, except as contained in a written document included in the Purchased Asset File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset consented to by Seller.
Appears in 1 contract
Samples: Master Repurchase and Securities Contract Agreement (NorthStar Real Estate Income Trust, Inc.)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset Loan File or as otherwise provided in the related Purchased Asset Loan Documents (a) the material terms of such Mortgage, Mortgage Note, guaranty, participation agreement, if applicable, guaranty and related Purchased Asset Loan Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could have a material adverse effect on Purchased AssetLoan; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower Mortgagor nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset Loan Documents. With respect to each Purchased AssetLoan, except as contained in a written document included in the Purchased Asset Loan File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset Loan consented to by Seller.
Appears in 1 contract
Samples: Master Repurchase Agreement (KKR Real Estate Finance Trust Inc.)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset File or as otherwise provided in the related Purchased Asset Documents (a) the material terms of such Mortgage, Mortgage Note, guaranty, participation agreement, if applicable, and related Purchased Asset Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could be reasonably expected to have a material adverse effect on the Purchased Asset; (b) no related Underlying Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Underlying Mortgaged Property; and (c) neither the related borrower nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset Documents. With respect to each Purchased Asset, except as contained in a written document included in the Purchased Asset File, there have been no modifications, amendments or waivers, waivers consented to by Seller that could be reasonably expected to have a material adverse effect on such Purchased Asset consented to by SellerAsset.
Appears in 1 contract
Samples: Securities Contract Agreement (TPG RE Finance Trust, Inc.)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset Mortgage File or as otherwise provided in the related Purchased Asset Loan Documents (a) the material terms of such Mortgage, Mortgage Note, Mortgage Loan guaranty, participation agreementCo-Lender Agreement, if applicable, and related Purchased Asset Loan Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could have a material adverse effect on Purchased Assetthe Mortgage Loan; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower Borrower nor the related guarantor nor the related participating Person Lead Lender has been released from its material obligations under the Purchased Asset DocumentsMortgage Loan or Co-Lender Agreement, if applicable. With respect to each Purchased Assetthe Mortgage Loan, except as contained in a written document included in the Purchased Asset Mortgage File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset consented to by SellerMortgage Loan.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (LoanCore Realty Trust, Inc.)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset Mortgage File or as otherwise provided in the related Purchased Asset Loan Documents (a) the material terms of such Mortgage, Mortgage Note, Mortgage Loan guaranty, participation agreementParticipation Agreement, if applicable, and related Purchased Asset Loan Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could have a material adverse effect on Purchased AssetMortgage Loan; (b) no related Mortgaged Property mortgaged property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Propertymortgaged property; and (c) neither the related borrower nor the related guarantor nor the related participating Person Participating Institution has been released from its material obligations under the Purchased Asset DocumentsMortgage Loan or Participation Agreement, if applicable. With respect to each Purchased AssetMortgage Loan, except as contained in a written document included in the Purchased Asset Mortgage File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset Mortgage Loan consented to by Sellerthe Seller on or after the Cut-off Date.
Appears in 1 contract
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset File or as otherwise provided in the related Purchased Asset Commercial Mortgage Loan Documents (a) the material terms of such Mortgage, Mortgage Note, Commercial Mortgage Loan guaranty, participation agreement, if applicable, and related Purchased Asset Commercial Mortgage Loan Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could be reasonably expected to have a material adverse effect on Purchased Assetsuch Commercial Mortgage Loan; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower Obligor nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset DocumentsCommercial Mortgage Loan or participation agreement, if applicable. With respect to each Purchased AssetCommercial Mortgage Loan, except as contained in a written document included in the Purchased Asset File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset Commercial Mortgage Loan consented to by Sellerthe Seller on or after the Purchase Date.
Appears in 1 contract
Samples: Master Repurchase Agreement (Granite Point Mortgage Trust Inc.)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset File or as otherwise provided in the related Purchased Asset Documents (a) the material terms of such Mortgage, Mortgage Note, guaranty, participation agreement, if applicable, and related Purchased Asset Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could have a material adverse effect on Purchased Assetrespect; (b) no related Underlying Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use use, value or operation of the remaining portion of such Underlying Mortgaged Property; and (c) neither the related borrower nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset Documents. With respect to each Purchased Asset, except as contained in a written document included in the Purchased Asset File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset consented to by Seller.
Appears in 1 contract
Samples: Master Repurchase and Securities Contract Agreement (Starwood Credit Real Estate Income Trust)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset Loan File or as otherwise provided in the related Purchased Asset Documents Loan documents (a) the material terms of such Mortgage, Mortgage Note, Purchased Loan guaranty, participation agreement, if applicable, and related Purchased Asset Loan Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could be reasonably expected to have a material adverse effect on such Purchased AssetLoan; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower Mortgagor nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset DocumentsLoan or participation agreement, if applicable. With respect to each Purchased AssetLoan, except as contained in a written document included in the Purchased Asset Loan File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset Loan consented to by SellerSeller on or after the Purchase Date.
Appears in 1 contract
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset Mortgage File or as otherwise provided in the related Purchased Asset Documents Mortgage Loan documents (a) the material terms of such Mortgage, Mortgage Note, guaranty, participation agreement, if applicable, Mortgage Loan guaranty and related Purchased Asset Documents Mortgage Loan documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could have a material adverse effect on Purchased Assetwhich materially interferes with the security intended to be provided by such mortgage; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower Mortgagor nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset DocumentsMortgage Loan. With respect to each Purchased AssetMortgage Loan, except as contained in a written document included in the Purchased Asset Mortgage File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset Mortgage Loan consented to by Sellerthe Seller on or after the Cut-off Date.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (GS Mortgage Securities Trust 2019-Gsa1)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset Collateral Interest File or as otherwise provided in the related Purchased Asset Documents (a) the material terms of such Mortgage, Mortgage Note, Mortgage Loan guaranty, participation agreementParticipation Agreement, if applicable, and related Purchased Asset Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could be reasonably expected to have a material adverse effect on Purchased Assetsuch Mortgage Loan; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower Borrower nor the related guarantor nor the related participating Person institution has been released from its material obligations under the Purchased Asset DocumentsMortgage Loan or Participation, if applicable. With respect to each Purchased AssetMortgage Loan, except as contained in a written document included in the Purchased Asset Collateral Interest File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset Mortgage Loan consented to by Sellerthe Seller on or after the Cut-off Date.
Appears in 1 contract
Samples: Collateral Interest Purchase Agreement (TPG RE Finance Trust, Inc.)
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset File or as otherwise provided in the related Purchased Asset Commercial Mortgage Loan Documents (a) the material terms of such Mortgage, Mortgage Note, Commercial Mortgage Loan guaranty, participation agreement, if applicable, and related Purchased Asset Commercial Mortgage Loan Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could be reasonably expected to have a material adverse effect on Purchased Assetsuch Commercial Mortgage Loan; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower Obligor nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset DocumentsCommercial Mortgage Loan or participation agreement, if applicable. With respect to each Purchased AssetCommercial Mortgage Loan, except as contained in a written document included in the Purchased Asset File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset Commercial Mortgage Loan consented to by SellerSeller on or after the Purchase Date.
Appears in 1 contract
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset File or File, as otherwise provided in the related Purchased Asset Documents or as otherwise permitted by this Agreement (a) the material terms of such Mortgage, Mortgage Note, guaranty, participation agreement, if applicable, and related Purchased Asset Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could have a material adverse effect on Purchased Asset; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset Documents. With respect to each Purchased Asset, except as contained in a written document included in the Purchased Asset File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset consented to by Seller.
Appears in 1 contract
Mortgage Status; Waivers and Modifications. Since origination and except by written instruments set forth in the related Purchased Asset File or as otherwise provided in the related Purchased Asset Documents Commercial Mortgage Loan documents (a) the material terms of such Mortgage, Mortgage Note, Commercial Mortgage Loan guaranty, participation agreementParticipation Agreement, if applicable, and related Purchased Asset Commercial Mortgage Loan Documents have not been waived, impaired, modified, altered, satisfied, canceled, subordinated or rescinded in any respect that could be reasonably expected to have a material adverse effect on Purchased Assetsuch Commercial Mortgage Loan; (b) no related Mortgaged Property or any portion thereof has been released from the lien of the related Mortgage in any manner which materially interferes with the security intended to be provided by such Mortgage or the use or operation of the remaining portion of such Mortgaged Property; and (c) neither the related borrower Obligor nor the related guarantor nor the related participating Person has been released from its material obligations under the Purchased Asset DocumentsCommercial Mortgage Loan or Participation Agreement, if applicable. With respect to each Purchased AssetCommercial Mortgage Loan, except as contained in a written document included in the Purchased Asset File, there have been no modifications, amendments or waivers, that could be reasonably expected to have a material adverse effect on such Purchased Asset Commercial Mortgage Loan consented to by SellerSeller on or after the Purchase Date.
Appears in 1 contract