Waivers and Modification. The terms of the related Loan Documents have not been waived, modified, altered, satisfied, impaired, canceled, subordinated or rescinded in any material respect, except pursuant to a written instrument duly submitted for recordation, to the extent required, and specifically included in the related Mortgage Loan File. No alterations, waivers, modifications or assumptions of any kind have been given, made or consented to by or on behalf of the Seller since August 24, 2006. The Seller has not taken any intentional action that would cause the representations and warranties of the related Mortgagor under the Mortgage Loan not to be true and correct in any material respect.
Waivers and Modification. Except as set forth in the related Mortgage File, the terms of the related Mortgage Note and Mortgage have not been waived, modified, altered, satisfied, impaired, canceled, subordinated or rescinded in any manner which materially interferes with the security intended to be provided by such Mortgage.
Waivers and Modification. No modification of this Agreement or waiver of any term or condition herein shall be effective unless it refers to this Agreement, explicitly states that it intends to modify this Agreement or to waive a term or condition herein, is in writing, and is signed by both parties hereto. Terms contrary or in addition to the terms of this Agreement in any document or correspondence shall have no effect whatsoever unless said document or correspondence meets the aforesaid conditions. Any waiver of any term or condition of this Agreement, or of the breach of any covenant, representation, or warranty contained herein, in any one instance, shall not operate or be deemed to be or construed as a further or continuing waiver of such term, condition, or breach of covenant, representation, or warranty, nor shall any failure to exercise, or delay in exercising, any right, remedy, or power under this Agreement operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power under this Agreement preclude any other or further exercise thereof, or the exercise of any other right, remedy, or power provided herein or by law or in equity.
Waivers and Modification. Except as set forth in the related Mortgage File, the terms of the related Mortgage Note and Mortgage have not been waived, modified, altered, satisfied, impaired, canceled, subordinated or rescinded in any manner which materially interferes with the security intended to be provided by such Mortgage. Exhibit B-24 identifies each Mortgage Loan as to which, since the latest date on which the final due diligence materials were delivered for such Mortgage Loan to CWCapital Asset Management LLC, there has been, given, made or consented to an alteration, modification or assumption of the terms of the related Mortgage Note, Mortgage(s) or any related loan agreement and/or lock-box agreement and/or as to which, since such date, there has been a waiver other than as related to routine operational matters or minor covenants.
Waivers and Modification. Any waiver, alteration or modification of any of the provisions of this Agreement shall be valid only if made in writing and signed by the parties hereto. Each party hereto, from time to time, may waive any of its rights hereunder without affecting a waiver with respect to any subsequent occurrences or transactions hereof.
Waivers and Modification. The terms of the related Loan Documents have not been waived, modified, altered, satisfied, impaired, canceled, subordinated or rescinded in any material respect, except pursuant to a written instrument duly submitted for recordation, to the extent required, and specifically included in the related Mortgage Loan File. No alterations, waivers, modifications or assumptions of any kind have been given, made or consented to by or on behalf of the Seller since October 19,
Waivers and Modification. Except as specifically permitted in the Account Agreement, no provision may be waived or amended unless it is agreed to in writing and signed by a duly authorized officer of Xxxxxxx. You further understand that the failure to exercise any right or obligation granted by the Account Agreement will not be considered as a waiver of that right or obligation.
Waivers and Modification. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver be a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. This Agreement may not be modified, except in writing signed by both of the Parties.
Waivers and Modification. Loan No. 20061737 (Pamida On September 11, 2006, the Mortgage Loan, Portfolio) originally funded in the principal amount of $65,846,258.00, was increased to $68,813,864.00, with an additional funding of $3,120,000.00. -------------------------------------------------------------------------------- Exceptions to Representation (32) Litigation or Other Proceedings. -------------------------------------------------------------------------------- Loan No. 20061737 (Pamida Federated Bond Fund, a Portfolio of Portfolio) Federated Investment Series Funds, Inc. et al v. ShopKo Stores, Inc., Sun Capital, Partners Group IV, Inc., Sun Capital Partners IV, LP, SKO Group Holdings Corp., and SKO Acquisition Group
Waivers and Modification. Temecula Town Center The related Mortgage Loan Documents were amended to (58811) provide for an additional advance in an amount equal to $6,500,000 made to the related borrower on September 13, 2006. Eastridge Mall The related Mortgage Loan Documents (3400000) were amended to split the loan into a Note A and a Note B. Camp Group Portfolio (3402523) Seville Plaza (59579) REPRESENTATION 26 Releases of Mortgaged Property. ------------------------------- Essex Green Shopping Provided no Event of Default has occurred and is Center (3402713) continuing, related Borrower may obtain the release of a portion of the Mortgaged Property known as the Release Parcel (a "Parcel Release") upon the satisfaction of certain conditions including, without limitation, the prepayment of a portion of the Mortgage Loan in an amount equal to 110% of the Release Price (hereinafter defined), which is the allocated portion of the Mortgage Loan attributable to such Release Parcel, the payment of a prepayment premium in an amount equal to Yield Maintenance (as defined in the Note) attributable to the portion of the Mortgage Loan prepaid, and, if the Mortgage Loan is part of a Securitization and if required by mortgagee, receipt by mortgagee of an opinion of counsel that the Parcel Release would not constitute a "significant modification" of the Mortgage Loan under Section 1001 of the Internal Revenue Code or otherwise cause a tax to be imposed on a "prohibited transaction" by any REMIC Trust.
