THE ASSIGNOR AND THE ASSIGNEE MUTUALLY AGREE AS FOLLOWS Sample Clauses

THE ASSIGNOR AND THE ASSIGNEE MUTUALLY AGREE AS FOLLOWS. A. So long as no Event of Default (as defined in the Loan Agreement) has occurred and is continuing, the Assignor shall have the right to collect, but not prior to accrual, all rents, issues and profits from or under any sublease or rental agreements, and to retain, use and enjoy the same, and to otherwise make full use of the Leased Premises as permitted by and in accordance with the Lease. Upon the occurrence and continuance of an Event of Default, after written notice of such Event of Default to such sublessees, all sublessees shall make all further payments required under said subleases to the Assignee unless and until they receive written notice to the contrary from the Assignee. B. Upon the occurrence and continuance of an Event of Default, the Assignee, in addition to its rights and remedies under the other Loan Documents, may declare the Secured Obligations due and payable and, in addition, may, at its option, irrespective of whether declaration of default under any other agreement has been made and without regard to the adequacy of security for the Secured Obligations, either in person or by agent with or without bringing any action or proceeding or by a receiver to be appointed by a court, enter upon, take possession of, manage and operate the Leased Premises or any part thereof, and to the extent permitted, make, cancel, enforce, modify, or cure defaults in the Assignor’s performance under the Lease or any subleases, obtain and evict any sublessee, fix and modify any rents, negotiate with the Lessor under the Lease and do any and all other acts which the Assignee deems necessary to protect the security hereof and the lien hereof, and either with or without taking possession of the Leased Premises, in the Assignee’s own name xxx for or otherwise collect and receive all rents, issues and profits thereof, including those due and unpaid, and at the sole discretion of the Assignee, apply the same, less costs and expenses of operation and collection, including reasonable attorney’s fees, to the Secured Obligations. The entering upon and taking possession of the Leased Premises, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or waive, modify or affect notice of default under this Assignment or any other agreement between the parties or invalidate any act done pursuant to such notice. In the event of such default and acceleration hereunder, the Assignee may, at its election ...
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Related to THE ASSIGNOR AND THE ASSIGNEE MUTUALLY AGREE AS FOLLOWS

  • REPRESENTATIONS AND WARRANTIES OF SELLER AND THE COMPANY Seller and the Company jointly and severally represent and warrant to the Purchaser that:

  • Representations, Warranties and Covenants of the Mortgage Loan Seller and the Purchaser (a) The Mortgage Loan Seller hereby makes, as of the date hereof (and, in connection with any replacement of a Defective Loan (as defined in Section 4(f) hereof) with one or more Qualified Substitute Mortgage Loans (also as defined in Section 4(f) hereof), pursuant to Section 5(a) hereof, as of the related date of substitution), to and for the benefit of the Purchaser, each of the representations and warranties set forth in Exhibit B-1. The Purchaser hereby makes, as of the date hereof, to and for the benefit of the Mortgage Loan Seller, each of the representations and warranties set forth in Exhibit B-2. (b) The Mortgage Loan Seller hereby makes, as of the date hereof (or as of such other date specifically provided in the particular representation or warranty), to and for the benefit of the Purchaser, each of the representations and warranties set forth in Exhibit C, subject to the exceptions set forth in Schedule C. The Mortgage Loan Seller is also referred to herein as the “Responsible Repurchase Party”. (c) The Mortgage Loan Seller hereby represents and warrants, as of the date hereof, to and for the benefit of the Purchaser only, that the Mortgage Loan Seller has not dealt with any broker, investment banker, agent or other person (other than the Depositor or an affiliate thereof, the Underwriters and the Initial Purchasers) who may be entitled to any commission or compensation in connection with the sale to the Purchaser of the Mortgage Loans. (d) The Mortgage Loan Seller hereby represents and warrants that, with respect to the Mortgage Loans and the Mortgage Loan Seller’s role as “originator” (or the role of any third party as “originator” of any Mortgage Loan for which the Mortgage Loan Seller was not the originator) and “sponsor” in connection with the issuance of the Registered Certificates, the information regarding the Mortgage Loans, the related Mortgagors, the related Mortgaged Properties and/or the Mortgage Loan Seller contained in each of the Preliminary Prospectus and the Prospectus complies in all material respects with the applicable disclosure requirements of Regulation AB as in effect on the date hereof and for which compliance is required as of the date hereof. As used herein, “Regulation AB” means Subpart 229.1100 – Asset Backed Securities (Regulation AB), 17 C.F.R. §§229.1100-229.1125, as such rules may be amended from time to time, and subject to such clarification and interpretation as have been or may hereafter be from time to time provided by the Securities and Exchange Commission (the “Commission”) or by the staff of the Commission, in each case as effective from time to time as of the compliance dates specified therein.

  • COVENANTS OF PARENT AND THE COMPANY The parties hereto agree that:

  • Further Agreements of the Company and the Guarantors The Company and each of the Guarantors jointly and severally covenant and agree with each Initial Purchaser that:

  • Representations and Warranties of the Company and the Guarantors The Company and the Guarantors jointly and severally represent and warrant to each Initial Purchaser that:

  • Representations and Warranties of the Seller and the Purchaser (a) The Seller hereby represents and warrants to the Purchaser as of the date of this Agreement that:

  • Representations and Warranties of the Company and the Operating Partnership The Company and the Operating Partnership hereby jointly and severally represent, warrant and covenant to each Underwriter, as of the date of this Agreement, as of the First Closing Date (as hereinafter defined) and as of each Option Closing Date (as hereinafter defined), if any, as follows:

  • Representations and Warranties by the Company and the Operating Partnership Each of the Company and the Operating Partnership, jointly and severally, represents and warrants to each Underwriter as of the date hereof, the Applicable Time, the Closing Time (as defined below) and any Date of Delivery (as defined below), and agrees with each Underwriter, as follows:

  • REPRESENTATIONS AND WARRANTIES OF PARENT AND THE PURCHASER Parent and the Purchaser represent and warrant to the Company as follows:

  • REPRESENTATIONS AND WARRANTIES OF SELLER AND PURCHASER Seller and Purchaser hereby represent and warrant that there has been no act or omission by Seller, Purchaser or the Corporation which would give rise to any valid claim against any of the parties hereto for a brokerage commission, finder's fee, or other like payment in connection with the transactions contemplated hereby.

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