Whole Loans. Such Mortgage Loan is a whole Mortgage Loan and not a Participation Interest or other partial interest in a Mortgage Loan.
Whole Loans. Such Mezzanine Loan is a whole Mezzanine Loan secured by the related Equity Interests. No Mezzanine Loan is a Participation Interest or other partial interest in a Mezzanine Loan. The related Mortgage Loan complies with all of the representations and warranties set forth in Section (B) above and is also a Purchased Asset subject to a Transaction under the Master Repurchase Agreement.
Whole Loans. Each Mortgage Loan is a whole loan (except for the existence of a collateral debt security that is a Subordinate Mortgage Loan Interest or participation interest) and except for any retained coupon strip, future advance and other items enumerated in Section 1 of the Seller Transfer Agreement, contains no equity participation by the lender or shared appreciation feature and does not provide for any contingent or additional interest in the form of participation in the cash flow of the related Mortgaged Property or provide for negative amortization. The Seller holds no preferred equity interest other than as disclosed in writing and consented to by the Issuer prior to the sale of such Loan.
Whole Loans. Each Purchased Loan is a “whole loan” as such terms is used in the industry.
Whole Loans. Borrower has not, does not and will not acquire title to or otherwise hold as assignee any whole loans originated by a Bank Partner Originator.
Whole Loans. Except for any Purchased Asset that is a Participation Interest or Senior Note, each Purchased Asset is a whole Mortgage Loan and not a Participation Interest or other partial interest in a Mortgage Loan.
Whole Loans. (a) Except with respect to any Whole Loans withdrawn by the Beneficiary in accordance with the terms hereof, the Grantor, subject to its compliance with Sections 2 and 3, shall have the sole and exclusive right, power and authority to service, administer, manage, liquidate, deal with, issue or withhold any consents or waivers, amend, modify, extend, or make any other decisions in respect of any Whole Loans in any manner that it shall choose, subject only to any limitations set forth in this Agreement, the applicable Servicing Agreement or in any other related agreement affecting the Whole Loans, as applicable; provided, that the Trustee shall be entitled to receive on behalf of the Grantor all payments made in respect of the Whole Loans (whether from any servicer, borrower or other Person), including principal and interest payments, proceeds and other income arising from or under such Whole Loans and to retain, use, enjoy the same subject only to the limitations set forth in this Agreement, the applicable Servicing Agreement and in any other related agreement affecting the Whole Loans. Except with respect to any Whole Loan withdrawn by the Beneficiary in accordance with the terms hereof, the Grantor shall have the sole and exclusive right, power and authority to make decisions and take other actions in respect of any Whole Loans (and any related Underlying Assets) under any Servicing Agreement, loan document and any other related agreement affecting the Whole Loans or the related Underlying Assets, in each case, as fully and completely as if this Agreement had not been executed and delivered; provided, however, that the sale, transfer or assignment of any such Whole Loan shall only be effectuated by substitution, exchange and withdrawal pursuant to the terms of this Agreement. The Grantor shall have the exclusive power and authority, acting alone or through sub-servicers, to do any and all things in connection with such servicing, administration, management and liquidation of the Whole Loans which it may deem necessary or desirable to maximize recoveries with respect thereto, subject to the limitations contained in this Agreement and any related agreements. Without limiting the generality of the foregoing, the Grantor shall continue, and is hereby authorized and empowered hereunder, to prepare and file any and all financing statements, continuation statements and other documents or instruments necessary to maintain the lien on any Underlying Assets. Notwit...
Whole Loans. Such Mezzanine Loan is a whole Mezzanine Loan secured by Equity Collateral consisting of 100% of the equity interests in the entity or entities that own the related Mortgaged Property or Mortgaged Properties. No Mezzanine Loan is a Participation Interest or other partial interest in a Mezzanine Loan. The related Mortgage Loan complies with all of the representations and warranties set forth in Section (B) above (except to the extent disclosed in the Requested Exceptions Report approved by Purchaser in writing in accordance with the terms of the Master Repurchase Agreement) and is also a Purchased Asset subject to a Transaction under the Master Repurchase Agreement.
Whole Loans. Cause the Warehouse Trust to sell or securitize at least $150,000,000 in whole loans by February 28, 2003 with Net Cash Proceeds of at least 82% of the unpaid principal balance of such loans. Unless waived by the Required Tranche A Lenders, following such sale or securitization and following the next date thereafter as of which an additional $10,000,000 in unpaid principal balance of whole loans in the aggregate has been sold, whole loan sales or securitizations (including the sales of such $10,000,000 in whole loans) shall result in Net Cash Proceeds of at least
