Common use of Seller to Remain Liable Clause in Contracts

Seller to Remain Liable. Buyer and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement and the Purchased Asset Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 7 contracts

Samples: Master Repurchase and Securities Contract (BrightSpire Capital, Inc.), Master Repurchase and Securities Contract (Benefit Street Partners Realty Trust, Inc.), Joinder Agreement (Colony Credit Real Estate, Inc.)

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Seller to Remain Liable. Buyer and Seller agree that the The grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement Assets and the Purchased Asset Mortgage Loan Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 4 contracts

Samples: Master Repurchase and Securities Contract (Cim Real Estate Finance Trust, Inc.), Master Repurchase and Securities Contract (NorthStar Real Estate Income Trust, Inc.), Master Repurchase and Securities Contract (Resource Capital Corp.)

Seller to Remain Liable. Buyer Xxxxx and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement and the Purchased Asset Mortgage Loan Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 3 contracts

Samples: Master Repurchase and Securities Contract (Blackstone Mortgage Trust, Inc.), Master Repurchase and Securities Contract (Blackstone Mortgage Trust, Inc.), Master Repurchase and Securities Contract (Blackstone Mortgage Trust, Inc.)

Seller to Remain Liable. Buyer and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement and the Purchased Asset Mortgage Loan Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 3 contracts

Samples: Master Repurchase and Securities Contract (Blackstone Mortgage Trust, Inc.), Master Repurchase and Securities Contract (Blackstone Mortgage Trust, Inc.), Master Repurchase and Securities Contract (Blackstone Mortgage Trust, Inc.)

Seller to Remain Liable. Buyer and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement Assets and the Purchased Asset Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 3 contracts

Samples: Master Repurchase and Securities Contract (FS Credit Real Estate Income Trust, Inc.), Master Repurchase and Securities Contract (Seven Hills Realty Trust), Master Repurchase and Securities Contract (FS Credit Real Estate Income Trust, Inc.)

Seller to Remain Liable. Buyer and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement Assets and the Purchased Asset Mortgage Loan Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 2 contracts

Samples: Master Repurchase Agreement and Securities Contract (Home Loan Servicing Solutions, Ltd.), Master Repurchase Agreement and Securities Contract (Altisource Residential Corp)

Seller to Remain Liable. Buyer and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement Asset whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement and the Purchased Asset Documents Assets to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 2 contracts

Samples: Master Repurchase and Securities Contract (AG Mortgage Investment Trust, Inc.), Master Repurchase and Securities Contract (AG Mortgage Investment Trust, Inc.)

Seller to Remain Liable. Buyer Xxxxx and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement Assets and the Purchased Asset Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (FS Credit Real Estate Income Trust, Inc.)

Seller to Remain Liable. Buyer and Seller The parties agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, Asset or any Interest Rate Protection Agreement Agreement, whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement and the all Purchased Asset Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (Starwood Property Trust, Inc.)

Seller to Remain Liable. Buyer and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer or any Affiliated Hedge Counterparty of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement and the Purchased Asset Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (Resource Capital Corp.)

Seller to Remain Liable. Buyer and Seller agree that the The grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement Assets and the Purchased Asset Mortgage Loan Documents to perform all of Seller’s 's duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (Exantas Capital Corp.)

Seller to Remain Liable. Buyer and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement Asset whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement Assets and the Purchased Asset Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 1 contract

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

Seller to Remain Liable. Buyer and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement and the Purchased Asset Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.. Section 11.04

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (BrightSpire Capital, Inc.)

Seller to Remain Liable. Buyer and Seller The parties agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement Assets and the Purchased Asset Mortgage Loan Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (Starwood Property Trust, Inc.)

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Seller to Remain Liable. Buyer and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer or any Affiliated Hedge Counterparty of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, Asset or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, Assets and each Interest Rate Protection Agreement and the Purchased Asset Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (Northstar Realty Finance Corp.)

Seller to Remain Liable. Buyer and Seller agree that the The grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement Asset whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement and the Purchased Asset Documents Assets to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (Two Harbors Investment Corp.)

Seller to Remain Liable. Buyer and Buxxx xnd Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement Assets and the Purchased Asset Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (FS Credit Real Estate Income Trust, Inc.)

Seller to Remain Liable. Buyer and Seller agree agrees that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement Assets and the Purchased Underlying Asset Documents to perform all of Seller’s or the related Underlying Entity’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 1 contract

Samples: Master Repurchase Agreement and Securities Contract (AG Mortgage Investment Trust, Inc.)

Seller to Remain Liable. Buyer and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement and the Purchased Asset Documents Assets to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 1 contract

Samples: Master Repurchase Agreement and Securities Contract (Altisource Residential Corp)

Seller to Remain Liable. Buyer and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement Asset whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement and the Purchased Asset Documents Assets to perform all of Seller’s 's duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (Dynex Capital Inc)

Seller to Remain Liable. Buyer and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement Asset whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement Assets and the Purchased Asset Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.. Section 11.04

Appears in 1 contract

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

Seller to Remain Liable. Agent, each Buyer and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by any Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any the Purchased Asset, or any Interest Rate Protection Agreement whether or not such Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement Asset and the Purchased Asset Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (Blackstone Mortgage Trust, Inc.)

Seller to Remain Liable. Buyer and Seller agree that the grant of a security interest under this Article 11 shall not constitute or result in the creation or assumption by Buyer of any Retained Interest or other obligation of Seller or any other Person in connection with any Purchased Asset, or any Interest Rate Protection Agreement whether or not Buyer exercises any right with respect thereto. Seller shall remain liable under the Purchased Assets, each Interest Rate Protection Agreement the Whole Loan Documents and the Purchased Asset Senior Interest Documents to perform all of Seller’s duties and obligations thereunder to the same extent as if the Repurchase Documents had not been executed.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (Dividend Capital Total Realty Trust Inc.)

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