Common use of No Material Defaults Clause in Contracts

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller as of the Closing Date, no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller in this Exhibit B or (B) with respect to which: (1) the Seller has no actual knowledge as of the Closing Date and (2) written notice of the discovery thereof is not delivered to the Seller by the Trustee or the Master Servicer on or prior to the date occurring twelve months after the Closing Date. Neither the Seller nor any prior holder of such Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Seller from whom the Seller has taken the related Mortgage Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller Depositor as of the Closing Date, no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller Depositor in this Exhibit B Schedule II or (B) with respect to which: (1) neither the Depositor nor the applicable Xxxxxx Mortgage Loan Seller has no any actual knowledge as of the Closing Date Date; and (2) written notice of the discovery thereof is not delivered to the Seller Depositor by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither None of the Depositor, the applicable Xxxxxx Mortgage Loan Seller nor or any prior holder of such Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Depositor or the applicable Xxxxxx Mortgage Loan Seller from whom the Depositor or the applicable Xxxxxx Mortgage Loan Seller has taken the related Mortgage Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller as of Depositor and the Closing DateXxxxxx Mortgage Loan Seller, no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller Depositor in this Exhibit B Schedule II or (B) with respect to which: (1) neither the Depositor nor the applicable Xxxxxx Mortgage Loan Seller has no any actual knowledge as of the Closing Date and (2) written notice of the discovery thereof is not delivered to the Xxxxxx Mortgage Loan Seller by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither the Seller Depositor nor any prior holder of such the applicable Xxxxxx Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Seller from whom the Seller has taken the related Mortgage Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller Depositor as of the Closing Date, no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller Depositor in this Exhibit B Schedule II or (B) with respect to which: (1) neither the Depositor nor the applicable Xxxxxx Mortgage Loan Seller has no any actual knowledge as of the Closing Date and (2) written notice of the discovery thereof is not delivered to the Seller Depositor by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither None of the Depositor, the applicable Xxxxxx Mortgage Loan Seller nor or any prior holder of such Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Depositor or the applicable Xxxxxx Mortgage Loan Seller from whom the Depositor or the applicable Xxxxxx Mortgage Loan Seller has taken the related Mortgage Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such the Mortgage Loan, and (B), to the knowledge of the Seller as of the Closing Date, no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller in this Exhibit B or (B) with respect to which: (1) the Seller has no actual knowledge as of the Closing Date and (2) written notice of the discovery thereof is not delivered to the Seller by the Trustee or the Master Servicer on or prior to the date occurring twelve months after the Closing Date. Neither the Seller nor any prior holder of such the Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Seller from whom the Seller has taken the related Mortgage Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such the Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such the Mortgage Loan.

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller as of the Closing Date, no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller in this Exhibit B or (B) with respect to which: (1) the Seller has no actual knowledge as of the Closing Date and (2) written notice of the discovery thereof is not delivered to the Seller by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither the Seller nor any prior holder of such Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Seller from whom the Seller has taken the related Mortgage Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller Depositor as of the Closing Date, no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller Depositor in this Exhibit B Schedule II or (B) with respect to which: (1) neither the Depositor nor the applicable Lehman Mortgage Loan Seller has no any actual knowledge as of the Closing Date Date; and (2) written notice of the discovery thereof is not delivered to the Seller Depositor by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither None of the Depositor, the applicable Lehman Mortgage Loan Seller nor or any prior holder of such ox xxxx Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Depositor or the applicable Lehman Mortgage Loan Seller from whom the Depositxx xx the applicable Lehman Mortgage Loan Seller has taken the related Mortgage Xxxxxage Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller Depositor as of the Closing Date, no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller Depositor in this Exhibit B Schedule II or (B) with respect to which: (1) neither the Depositor nor the applicable Lehman Mortgage Loan Seller has no any actual knowledge as of the Closing thx Xxxxing Date and (2) written notice of the discovery thereof is not delivered to the Seller Depositor by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither None of the Depositor, the applicable Lehman Mortgage Loan Seller nor or any prior holder of such Mortgage Loan Mortgxxx Xxan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Depositor or the applicable Lehman Mortgage Loan Seller from whom the Depositor or the apxxxxxxle Lehman Mortgage Loan Seller has taken the related Mortgage Note and Noxx xxx Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller Depositor as of the Closing Date, no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller Depositor in this Exhibit B Schedule II or (B) with respect to which: (1) neither the Seller Depositor nor the applicable Lehman Mortgage Loan Xxxxxr has no any actual knowledge as of the Closing Date Date; and (2) written notice of the discovery thereof is not delivered to the Seller Depositor by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither None of the Seller nor Depositor, the applicable Lehman Mortgage Loan Xxxxxr or any prior holder of such Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Seller Depositor or the applicable Lehman Mortgage Loan Xxxxxr from whom the Seller Depositor or the applicable Lehman Mortgage Loan Xxxxxr has taken the related Mortgage Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller Depositor as of the Closing Date, no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller Depositor in this Exhibit B Schedule II or (B) with respect to which: (1) neither the Depositor nor the applicable Lehman Mortgage Loan Seller has no any actual knowledge as of the Closing Date Xxxxxng Date; and (2) written notice of the discovery thereof is not delivered to the Seller Depositor by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither None of the Depositor, the applicable Lehman Mortgage Loan Seller nor or any prior holder of such Mortgage Loan Mortgaxx Xxxn (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Depositor or the applicable Lehman Mortgage Loan Seller from whom the Depositor or the appxxxxxxe Lehman Mortgage Loan Seller has taken the related Mortgage Note and Notx xxx Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.