Common use of Waivers; Modifications Clause in Contracts

Waivers; Modifications. Except as set forth in a written instrument included in the related Mortgage File, the (A) material terms of the related Mortgage Note, the related Mortgage(s) and any related loan agreement and/or lock-box agreement have not been waived, modified, altered, satisfied, impaired, canceled, subordinated or rescinded by the mortgagee in any manner, and (B) no portion of a related Mortgaged Property has been released from the lien of the related Mortgage, in the case of (A) and/or (B), to an extent or in a manner that in any such event materially interferes with the security intended to be provided by such document or instrument.

Appears in 18 contracts

Samples: Mortgage Loan Purchase Agreement (Lb-Ubs Commercial Mortgage Trust 2006-C1), Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2004-C6), Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2005-C5)

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Waivers; Modifications. Except as set forth in a written instrument included in the related Mortgage File, the (Aa) material terms of the related Mortgage Note, the related Mortgage(s) and any related loan agreement and/or lock-box agreement have not been waived, modified, altered, satisfied, impaired, canceled, subordinated or rescinded by the mortgagee in any manner, and (Bb) no portion of a related Mortgaged Property has been released from the lien of the related Mortgage, in the case of (Aa) and/or (Bb), to an extent or in a manner that in any such event materially and adversely interferes with the mortgagee's realization of the principal benefits and/or security intended to be provided by such document or instrument.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Structured Asset Sec Corp Lb Ubs Com Mort Tr 2003-C8), Ubs Mortgage Loan Purchase Agreement (Commercial Mortgage Pass-Through Certificates Series 2003-C5), Ubs Mortgage Loan Purchase Agreement (Structured Asset Sec Corp Lb Ubs Com Mort Tr 2003-C8)

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Waivers; Modifications. Except as set forth in a written instrument included in the related Mortgage File, the (Aa) material terms of the related Mortgage Note, the related Mortgage(s) and any related loan agreement and/or lock-box agreement have not been waived, modified, altered, satisfied, impaired, canceled, subordinated or rescinded by the mortgagee in any manner, and (Bb) no portion of a related Mortgaged Property has been released from the lien of the related Mortgage, in the case of (Aa) and/or (Bb), to an extent or in a manner that in any such event materially interferes with the security intended to be provided by such document or instrument.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Structured Asset Sec Corp Comm Mort Pas THR Cert Ser 2002-C2)

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