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and/or lock-box agreement have not been waived, modified, altered, satisfied, impaired, canceled, subordinated or rescinded by the mortgagee in any manner, and (B) no portion of a related Mortgaged Property has been released from the lien of the related Mortgage, in the case of (A)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. Schedule I identifies each Mortgage Loan (if any) as to which, since the latest date any related due diligence materials were delivered to CWCapital Investments LLC (or its designee), there has been (in writing) given, made or consented to a material alteration, material modification or material assumption of the terms of the related Mortgage Note, Mortgage(s) or any related loan agreement and/or lock-box agreement.

Appears in 3 contracts

Samples: Mortgage Loan Purchase Agreement (LB-UBS Commercial Mortgage Trust 2004-C7), Mortgage Loan Purchase Agreement (Lb-Ubs Commercial Mortgage Trust 2006-C3), Mortgage Loan Purchase Agreement (LB-UBS Commercial Mortgage Trust 2008-C1)

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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and/or lock-box agreement have not been waived, modified, altered, satisfied, impaired, canceled, subordinated or rescinded by the mortgagee in any manner, and (B) no portion of a related Mortgaged Property has been released from the lien of the related Mortgage, in the case of (A)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. Schedule I III(xxviii) identifies each Mortgage Loan (if any) as to which, since the latest date any related due diligence materials were delivered to CWCapital Investments LLC Cadim TACH Inc. (or its designee), there has been (in writing) given, made or consented to a material alteration, material modification or material assumption of the terms of the related Mortgage Note, Mortgage(s) or any related loan agreement and/or lock-box agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2008-C1)

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. Schedule I III(xxviii) identifies each Mortgage Loan (if any) as to which, since the latest date any related due diligence materials were delivered to CWCapital Investments LLC (or its designee), there has been (in writing) given, made or consented to a material alteration, material modification or material assumption of the terms of the related Mortgage Note, Mortgage(s) or any related loan agreement and/or lock-box agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Lb-Ubs Commercial Mortgage Trust 2006-C3)

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. Schedule I II-(xxviii) identifies each Xxxxxx Trust Mortgage Loan (if any) as to which, since the latest date any the related due diligence materials were delivered to CWCapital Investments LLC (or its designee)Anthracite Capital, Inc., there has been (in writing) given, made or consented to a material an alteration, material modification or material assumption of the terms of the related Mortgage Note, Mortgage(s) or any related loan agreement and/or lock-box agreementagreement and/or as to which, since such date, there has been a waiver other than as related to routine operational matters or minor covenants.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Structured Asset Sec Corp Lb-Ubs Comm Mort Trust 2004-C2)

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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. Schedule I III(xxviii) identifies each Mortgage Loan (if any) as to which, since the latest date any related due diligence materials were delivered to CWCapital CW Capital Investments LLC (or its designee), there has been (in writing) given, made or consented to a material alteration, material modification or material assumption of the terms of the related Mortgage Note, Mortgage(s) or any related loan agreement and/or lock-box agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2004-C7)

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