Pre-Existing Condition. The discovery by the Lender during its continuing due diligence of the Borrowers of a condition or event and which the Lender, in its sole reasonable discretion, determines materially and adversely affects: (i) the condition (financial or otherwise) of either Borrower, its Subsidiaries or Affiliates; or (ii) the ability of the Borrower or the Lender to fulfill their respective obligations under this Agreement; or
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc), Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)
Pre-Existing Condition. The discovery by the Lender during its continuing due diligence of the Borrowers Borrower of a condition or event which existed at or prior to the execution hereof and which the Lender, in its sole reasonable discretion, determines materially and adversely affects: (i) the condition (financial or otherwise) of either the Borrower, its Subsidiaries or Affiliates; or (ii) the ability of either the Borrower or the Lender to fulfill their its respective obligations under this Agreement; or
Appears in 1 contract
Samples: Master Loan and Security Agreement (Cityscape Financial Corp)
Pre-Existing Condition. The discovery by the Lender during its continuing due diligence of the Borrowers Borrower of a condition or event which existed at or prior to the execution hereof which was not previously disclosed to the Lender and which the Lender, in its sole reasonable discretion, determines materially and adversely affects: (i) the condition (financial or otherwise) of either the Borrower, its Subsidiaries or Affiliates; or (ii) the ability of either the Borrower or the Lender to fulfill their its respective obligations under this Agreement; or
Appears in 1 contract
Samples: Warehouse and Security Agreement (CNL American Properties Fund Inc)
Pre-Existing Condition. The discovery by the Lender during its ---------------------- continuing due diligence of the Borrowers Borrower of a condition or event which existed at or prior to the execution hereof and which the Lender, in its sole reasonable discretion, determines materially and adversely affects: (i) the condition (financial or otherwise) of either the Borrower, its Subsidiaries or Affiliates; or (ii) the ability of either the Borrower or the Lender to fulfill their its respective obligations under this Agreement; or
Appears in 1 contract
Samples: And Security Agreement (Imperial Credit Commercial Mortgage Investment Corp)
Pre-Existing Condition. The discovery by the Lender during its continuing due diligence of the Borrowers Borrower of a condition or event and which the Lender, in its sole reasonable discretion, determines materially and adversely affects: (i) the condition (financial or otherwise) of either the Borrower, its Subsidiaries or Affiliates; or (ii) the ability of the Borrower or the Lender to fulfill their respective obligations under this Agreement; or
Appears in 1 contract
Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)
