Common use of No Novation, Effect of Agreement Clause in Contracts

No Novation, Effect of Agreement. Guarantor, Seller and Buyer have entered into this Amendment solely to amend the terms of the Repurchase Agreement and do not intend this Amendment or the transactions contemplated hereby to be, and this Amendment and the transactions contemplated hereby shall not be construed to be, a novation of any of the obligations owing by Seller or Guarantor (the “Repurchase Parties”) under or in connection with the Repurchase Agreement or any of the other document executed in connection therewith to which any Repurchase Party is a party (the “Transaction Documents”). It is the intention of each of the parties hereto that (i) the perfection and priority of all security interests securing the payment of the obligations of the Repurchase Parties under the Repurchase Agreement and the other Transaction Documents are preserved, (ii) the liens and security interests granted under the Repurchase Agreement continue in full force and effect, and (iii) any reference to the Repurchase Agreement or Guarantee Agreement in any such Transaction Document shall be deemed to also reference this Amendment.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Claros Mortgage Trust, Inc.), Master Repurchase Agreement (Claros Mortgage Trust, Inc.)

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No Novation, Effect of Agreement. Guarantor, Seller and Buyer have entered into this Amendment solely to amend the terms of the Repurchase Agreement and do not intend this Amendment or the transactions contemplated hereby to be, and this Amendment and the transactions contemplated hereby shall not be construed to be, a novation of any of the obligations owing by Seller Seller, Guarantor or Guarantor Pledgor (the “Repurchase Parties”) under or in connection with the Repurchase Agreement, the Pledge Agreement or any of the other document executed in connection therewith Repurchase Documents to which any Repurchase Party is a party (the “Transaction Documents”)party. It is the intention of each of the parties hereto that (i) the perfection and priority of all security interests securing the payment of the obligations Repurchase Obligations of the Repurchase Parties under the Repurchase Agreement and the other Transaction Documents Pledge Agreement are preserved, (ii) the liens and security interests granted under the Repurchase Agreement and the Pledge Agreement continue in full force and effect, and (iii) any reference to the Repurchase Agreement or Guarantee Agreement in any such Transaction Repurchase Document shall be deemed to also reference this Amendment.

Appears in 2 contracts

Samples: Master Repurchase and Securities Contract (KKR Real Estate Finance Trust Inc.), Master Repurchase and Securities Contract (KKR Real Estate Finance Trust Inc.)

No Novation, Effect of Agreement. Guarantor, Seller Sellers and Buyer have entered into this Amendment solely to amend the terms of the Repurchase Agreement and do not intend this Amendment or the transactions contemplated hereby to be, and this Amendment and the transactions contemplated hereby shall not be construed to be, a novation of any of the obligations owing by Seller Sellers or Guarantor (the “Repurchase Parties”) under or in connection with the Repurchase Agreement or any of the other document executed in connection therewith to which any Repurchase Party is a party (the “Transaction Repurchase Documents”). It is the intention of each of the parties hereto that (i) the perfection and priority of all security interests securing the payment of the obligations of the Repurchase Parties under the Repurchase Agreement and the other Transaction Repurchase Documents are preserved, (ii) the liens and security interests granted under the Repurchase Agreement continue in full force and effect, and (iii) any reference to the Repurchase Agreement or Guarantee Agreement in any such Transaction Repurchase Document shall be deemed to also reference this Amendment.

Appears in 1 contract

Samples: Master Repurchase Agreement (Blackstone Mortgage Trust, Inc.)

No Novation, Effect of Agreement. Guarantor, Seller and Buyer have entered into this Amendment solely to amend the terms of the Repurchase Agreement and Guarantee Agreement and do not intend this Amendment or the transactions contemplated hereby to be, and this Amendment and the transactions contemplated hereby shall not be construed to be, a novation of any of the obligations owing by Seller or Guarantor (the “Repurchase Parties”) under or in connection with the Repurchase Agreement or any of the other document executed in connection therewith to which any Repurchase Party is a party (the “Transaction Repurchase Documents”). It is the intention of each of the parties hereto that (i) the perfection and priority of all security interests securing the payment of the obligations of the Repurchase Parties under the Repurchase Agreement and the other Transaction Repurchase Documents are preserved, (ii) the liens and security interests granted under the Repurchase Agreement continue in full force and effect, and (iii) any reference to the Repurchase Agreement or Guarantee Agreement in any such Transaction Repurchase Document shall be deemed to also reference this Amendment.

Appears in 1 contract

Samples: Master Repurchase Agreement (Claros Mortgage Trust, Inc.)

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No Novation, Effect of Agreement. Guarantor, Seller and Buyer have entered into this Amendment solely to amend the terms of the Repurchase Agreement and the Fee Letter and do not intend this Amendment or the transactions contemplated hereby to be, and this Amendment and the transactions contemplated hereby shall not be construed to be, a novation of any of the obligations owing by Seller or Guarantor (the “Repurchase Parties”) under or in connection with the Repurchase Agreement or any of the other document executed in connection therewith to which any Repurchase Party is a party (the “Transaction Repurchase Documents”). It is the intention of each of the parties hereto that (i) the perfection and priority of all security interests securing the payment of the obligations of the Repurchase Parties under the Repurchase Agreement and the other Transaction Documents are preserved, (ii) the liens and security interests granted under the Repurchase Agreement continue in full force and effect, and (iii) any reference to the Repurchase Agreement or Guarantee Agreement and/or the Fee Letter in any such Transaction Repurchase Document shall be deemed to also reference this Amendment.

Appears in 1 contract

Samples: Master Repurchase Agreement (Granite Point Mortgage Trust Inc.)

No Novation, Effect of Agreement. Guarantor, Seller and Buyer have entered into this Amendment Agreement solely to amend and restate in their entirety the terms of the Original Repurchase Agreement and do not intend this Amendment Agreement or the transactions contemplated hereby to be, and this Amendment Agreement and the transactions contemplated hereby shall not be construed to be, a novation of any of the obligations owing by Seller Seller, Guarantor or Guarantor Pledgor (the “Repurchase Parties”) under or in connection with the Original Repurchase Agreement, the Pledge Agreement or any of the other document executed in connection therewith Repurchase Documents to which any Repurchase Party is a party (the “Transaction Documents”)party. It is the intention of each of the parties hereto that (i) the perfection and priority of all security interests securing the payment of the obligations Repurchase Obligations of the Repurchase Parties under the Original Repurchase Agreement and the other Transaction Documents Pledge Agreement are preserved, (ii) the liens and security interests granted under the Original Repurchase Agreement and the Pledge Agreement continue in full force and effect, and (iii) any reference to the Original Repurchase Agreement or Guarantee Agreement in any such Transaction Repurchase Document shall be deemed to also reference this Amendment.Agreement. [ONE OR MORE UNNUMBERED SIGNATURE PAGES FOLLOW]

Appears in 1 contract

Samples: Servicing Agreement (KKR Real Estate Finance Trust Inc.)

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