Common use of Representations and Warranties Contained in the Trust Loan Purchase Agreement Clause in Contracts

Representations and Warranties Contained in the Trust Loan Purchase Agreement. (a) Upon discovery by any party hereto of (i) a Material Breach of any representation and warranty set forth in Exhibit A to the Trust Loan Purchase Agreement, which representation and warranty was made by the Trust Loan Seller in the Trust Loan Purchase Agreement and has been assigned to the Trustee pursuant to Section 2.1 hereof, or (ii) a Material Document Defect, such Person shall give prompt notice thereof to the other parties hereto and the Companion Loan Holders, and upon receipt or delivery, as applicable, of such notice the Special Servicer shall use commercially reasonable efforts to cause the Trust Loan Seller, to the extent obligated to do so under the Trust Loan Purchase Agreement, to cure such default or defect or repurchase the Trust Loan under the terms of and within the time period specified by the Trust Loan Purchase Agreement, it being understood and agreed that none of such Persons has an obligation to conduct any investigation with respect to such matters. It is understood and agreed that the obligations of the Trust Loan Seller referred to in this Section 2.6(a) shall be the sole remedies available to the Certificateholders or the Trustee respecting a Material Breach of any representation and warranty made by the Trust Loan Seller or a Material Document Defect.

Representations and Warranties Contained in the Trust Loan Purchase Agreement. (a) Upon discovery by any party hereto the Servicer, the Special Servicer, the Certificate Administrator or the Trustee of (i) a Material Breach of any representation and warranty set forth in Exhibit A to the Trust Loan Purchase Agreement, which representation and warranty was made by the Trust Loan Seller in the Trust Loan Purchase Agreement and has been assigned to the Trustee pursuant to Section 2.1 hereof, or (ii) a Material Document Defect, such Person shall give prompt notice thereof to the other parties hereto and the Companion Loan Holdershereto, and upon receipt or delivery, as applicable, of such notice the Servicer (if the Trust Loan is not a Specially Serviced Loan) or the Special Servicer (if the Trust Loan is a Specially Serviced Loan) shall use commercially reasonable efforts to cause the Trust Loan Seller, to the extent obligated to do so under the Trust Loan Purchase Agreement, to cure such default or defect defect, make a Loss of Value Payment to the Trust or repurchase the Trust Loan under the terms of and within the time period specified by the Trust Loan Purchase Agreement, it being understood and agreed that none of such Persons has an obligation to conduct any investigation with respect to such matters. It is understood and agreed that the obligations of the Trust Loan Seller referred to in this Section 2.6(a2.9(a) shall be the sole remedies available to the Certificateholders or and the Trustee on their behalf respecting a Material Breach of any representation and warranty set forth in Exhibit A to the Trust Loan Purchase Agreement made by the Trust Loan Seller or a Material Document Defect.