Common use of Purchase Option and Cure Rights of the Class Clause in Contracts

Purchase Option and Cure Rights of the Class. Representative (a) At any time during the continuance of a Class ___ Purchase Option Event, the Class ___ Representative may, at its option, purchase the ______________ Trust Mortgage Loan at the Class ___ Purchase Price. Such option does not extend to any REO Property and shall terminate upon the foreclosure of or the acceptance of a deed in lieu of foreclosure with respect to the ______________ Mortgaged Property. The Class ___ Representative shall exercise its purchase option by providing written notice to the Trustee, the Master Servicer and the Special Servicer of its proposed purchase of the ______________ Mortgage Loan at least 10 days prior to the proposed purchase date (which notice shall not be rescinded by the Class ___ Representative any later than two Business Days prior to the proposed purchase date). Concurrently with the payment to the Trust of the Class ___ Purchase Price, the Special Servicer shall direct the Trustee to execute and deliver, or cause the execution and delivery of, such instruments of transfer or assignment, in each case without recourse, as shall be provided to it by the Class ___ Representative or its designee and as are necessary to vest ownership of the ______________ Trust Mortgage Loan. (b) [SPECIFY CURE RIGHTS OF CLASS ___ REPRESENTATIVE.] Each of the Master Servicer and the Special Servicer shall notify the Class ___ Representative of any default in respect of the ______________ Trust Mortgage Loan with respect to which the Class ___ Representative is entitled to exercise cure rights in accordance with this Section 3.27(b), as soon as reasonably practicable after the Master Servicer or the Special Servicer, as the case may be, becomes aware of such default (provided that such default has not been previously remedied). The Class ___ Representative shall be entitled to reimbursement of any cure payments made by it with respect to the ______________ Trust Mortgage Loan out of amounts subsequently received with respect to the ______________ Trust Mortgage Loan or any related REO Property; provided that such right to reimbursement is subordinate to the rights of the Trust to receive all amounts to which it is entitled with respect to the ______________ Trust Mortgage Loan or any successor REO Trust Mortgage Loan with respect thereto.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Securities Corp Ii), Pooling and Servicing Agreement (Structured Asset Securities Corp Ii)

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Purchase Option and Cure Rights of the Class. Representative. (a) At any time during the continuance of a Class ___ Purchase Option Event, the Class ___ Representative may, at its option, purchase the ______________ Trust Mortgage Loan at the Class ___ Purchase Price, provided that it simultaneously purchases the ______________ Non-Trust Mortgage Loan at the purchase price therefor set forth under the definition of "Purchase Price" in the ______________ Co-Lender Agreement. Such option does not extend to any REO Property and shall terminate upon the foreclosure of or the acceptance of a deed in lieu of foreclosure with respect to the ______________ Mortgaged Property. In addition, the holder of the ______________ Trust Mortgage Loan or its designee is entitled, pursuant to Section 4.3 of the ______________ Co-Lender Agreement, to exercise a certain purchase option with respect to the ______________ Non-Trust Mortgage Loan. In connection therewith, the Trustee, as holder of the ______________ Trust Mortgage Loan (or any successor REO Trust Mortgage Loan with respect thereto), hereby designates the Class ___ Representative as the party entitled to exercise such purchase option in its individual capacity (with its own funds) and not on behalf of the Trust; provided that the Class ___ Representative must simultaneously purchase the ______________ Trust Mortgage Loan at the Class ___ Purchase Price together with the ______________ Non-Trust Mortgage Loan at the purchase price set forth under the ______________ Co-Lender Agreement. The Class ___ Representative shall exercise its purchase such option by providing written notice to the Trustee, the ______________ Non-Trust Mortgage Loan Noteholder, the Master Servicer and the Special Servicer of its proposed purchase of the ______________ Trust Mortgage Loan and the ______________ Non-Trust Mortgage Loan at least 10 ten (10) days prior to the proposed purchase date (which notice shall not be rescinded by the Class ___ Representative any later than two Business Days prior to the proposed purchase date). Concurrently with the payment to the Trust of the Class ___ Purchase PricePrice and the payment of the purchase price for the ______________ Non-Trust Mortgage Loan in accordance with the ______________ Co-Lender Agreement, the Special Servicer shall direct the Trustee to execute and deliver, or cause the execution and delivery of, such instruments of transfer or assignment, in each case without recourse, as shall be provided to it by the Class ___ Representative or its designee and as are necessary to vest ownership of the ______________ Trust Mortgage LoanLoan and the ______________ Non-Trust Mortgage Loan therein. (b) [SPECIFY CURE RIGHTS OF CLASS Further, the holder of the ______________ REPRESENTATIVE.] Trust Mortgage Loan or its designee is permitted, pursuant to Section 4.4 of the ______________ Co-Lender Agreement, to exercise cure (A) there shall not be more than six cure events during each rolling 10-year period during the life of the ______________ Loan Combination, (B) no single cure event may exceed three consecutive months and (C) there shall be at least six months between cure events. Each of the Master Servicer and the Special Servicer shall notify the Class ___ Representative of any default in respect of the ______________ Trust Mortgage Loan with respect Combination as to which the Class ___ Representative such party is entitled to exercise the cure rights in accordance with this Section 3.27(b)3.28(b) and/or the ______________ Co-Lender Agreement, as soon as reasonably practicable after the Master Servicer or the Special Servicer, as the case may be, becomes aware of such default (provided that such default has not been previously remedied). The Class ___ Representative shall be entitled to reimbursement of any cure payments made by it with respect to the ______________ Trust Mortgage Loan Combination out of amounts subsequently received with respect to the ______________ Trust Mortgage Loan Combination or any related REO Property; provided that such right to reimbursement is subordinate to the rights of the Trust and of the ______________ Non-Trust Noteholder to receive all amounts to which it is they are entitled with respect to the ______________ Trust Mortgage Loan Loans or any successor REO Trust Mortgage Loan Loans with respect thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Securities Corp Ii)

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Purchase Option and Cure Rights of the Class. Representative. (a) At any time during the continuance of a Class ___ Purchase Option Event, the Class ___ Representative may, at its option, purchase the ______________ Trust Mortgage Loan at the Class ___ Purchase Price, provided that it simultaneously purchases the ______________ Non-Trust Mortgage Loan at the purchase price therefor set forth under the definition of "Purchase Price" in the ______________ Co-Lender Agreement. Such option does not extend to any REO Property and shall terminate upon the foreclosure of or the acceptance of a deed in lieu of foreclosure with respect to the ______________ Mortgaged Property. In addition, the holder of the ______________ Trust Mortgage Loan or its designee is entitled, pursuant to Section 4.3 of the ______________ Co-Lender Agreement, to exercise a certain purchase option with respect to the ______________ Non-Trust Mortgage Loan. In connection therewith, the Trustee, as holder of the ______________ Trust Mortgage Loan (or any successor REO Trust Mortgage Loan with respect thereto), hereby designates the Class ___ Representative as the party entitled to exercise such purchase option in its individual capacity (with its own funds) and not on behalf of the Trust; provided that the Class ___ Representative must simultaneously purchase the ______________ Trust Mortgage Loan at the Class ___ Purchase Price together with the ______________ Non-Trust Mortgage Loan at the purchase price set forth under the ______________ Co-Lender Agreement. The Class ___ Representative shall exercise its purchase such option by providing written notice to the Trustee, the ______________ Non-Trust Mortgage Loan Noteholder, the Master Servicer and the Special Servicer of its proposed purchase of the ______________ Trust Mortgage Loan and the ______________ Non-Trust Mortgage Loan at least 10 ten (10) days prior to the proposed purchase date (which notice shall not be rescinded by the Class ___ Representative any later than two Business Days prior to the proposed purchase date). Concurrently with the payment to the Trust of the Class ___ Purchase PricePrice and the payment of the purchase price for the ______________ Non-Trust Mortgage Loan in accordance with the ______________ Co-Lender Agreement, the Special Servicer shall direct the Trustee to execute and deliver, or cause the execution and delivery of, such instruments of transfer or assignment, in each case without recourse, as shall be provided to it by the Class ___ Representative or its designee and as are necessary to vest ownership of the ______________ Trust Mortgage LoanLoan and the ______________ Non-Trust Mortgage Loan therein. (b) [SPECIFY CURE RIGHTS OF CLASS Further, the holder of the ______________ REPRESENTATIVE.] Trust Mortgage Loan or its designee is permitted, pursuant to Section 4.4 of the ______________ Co-Lender Agreement, to exercise cure rights with respect to ______________ Non-Trust Loan. In connection therewith, the Trustee, as holder of the ______________ Trust Mortgage Loan (or any successor REO Trust Mortgage Loan with respect thereto), hereby designates the Class ___ Representative as the party entitled to exercise such cure rights in its individual capacity (with its own funds) and not on behalf of the Trust. Pursuant to the ______________ Co-Lender Agreement, in the event that (a) a monetary event of default exists by the end of the applicable grace period for such payment permitted under the related Loan Documents or (b) a material non-monetary event of default exists and is not cured within the applicable grace period set forth under the related Loan Documents, then the Class ___ Representative shall have the right, but not the obligation, to cure such default within 10 days, in the case of a monetary event of default, or 30 days, in the case of a non-monetary event of default after the later of (i) receipt of notice of the event of default and (ii) the expiration of the applicable grace period, and at no other times. If the Class ___ Representative makes such a cure of a monetary event of default, such cure shall be made for the entire ______________ Loan Combination. At the time such cure payment is made, the Class ___ Representative is required to pay or reimburse the Master Servicer, the Special Servicer, the Trustee and the Fiscal Agent, as applicable, for all costs, expenses, losses, liabilities, obligations, damages, penalties, and disbursements imposed on or incurred by such Persons (including, without limitation, any interest accrued on any P&I Advances or Servicing Advances) during the period of time from the expiration of the related grace period until such cure payment is made. So long as a monetary event of default exists for which a cure payment permitted under the ______________ Co-Lender Agreement is made, or a material non-monetary event of default exists which is susceptible of cure by the payment of money and for which the Class ___ Representative is pursuing a cure within the cure period and in accordance with the terms of the ______________ Co-Lender Agreement, such event of default shall not be treated as an event of default under the related Loan Documents by the Master Servicer or Special Servicer (including for purposes of the definition of ______________ Payment Application Trigger Event). Pursuant to the ______________ Co-Lender Agreement, the right of the Class ___ Representative to cure a monetary event of default or non-monetary event of default shall be limited as follows: (A) there shall not be more than six cure events during each rolling 10-year period during the life of the ______________ Loan Combination, (B) no single cure event may exceed three consecutive months and (C) there shall be at least six months between cure events. Each of the Master Servicer and the Special Servicer shall notify the Class ___ Representative of any default in respect of the ______________ Trust Mortgage Loan with respect Combination as to which the Class ___ Representative such party is entitled to exercise the cure rights in accordance with this Section 3.27(b)3.28(b) and/or the ______________ Co-Lender Agreement, as soon as reasonably practicable after the Master Servicer or the Special Servicer, as the case may be, becomes aware of such default (provided that such default has not been previously remedied). The Class ___ Representative shall be entitled to reimbursement of any cure payments made by it with respect to the ______________ Trust Mortgage Loan Combination out of amounts subsequently received with respect to the ______________ Trust Mortgage Loan Combination or any related REO Property; provided that such right to reimbursement is subordinate to the rights of the Trust and of the ______________ Non-Trust Noteholder to receive all amounts to which it is they are entitled with respect to the ______________ Trust Mortgage Loan Loans or any successor REO Trust Mortgage Loan Loans with respect thereto.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Securities Corp Ii)

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