Loan Asset Documents definition

Loan Asset Documents means, with respect to any Loan Asset, the related documentation that has been delivered or should, consistent with the Investment Guidelines and the Management Standards, have been delivered to the Borrower or the Manager, including any related instrument, promissory note, loan agreement, security agreement, mortgage, assignment of collateral, all guarantees, and UCC financing statements and continuation statements (including amendments or modifications thereof) executed by the Obligor thereof or by another Person on the Obligor’s behalf in respect of such Loan Asset and related instrument, including general or limited guaranties and, for each Loan Asset secured by real property an Assignment of Mortgage.

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Loan Asset Documents means with respect to any Loan Asset, each loan agreement, promissory note, collateral security agreement, participation certificate, guarantee and any other agreement or document evidencing, securing, governing or executed in connection with such Loan Asset, including, the agreements and instruments in respect of which the Borrower acquired such Loan Asset.

Loan Asset Documents. With respect to each Mortgage Loan, the Mortgage, the Mortgage Note and any and all other documents executed and delivered in connection with the origination or subsequent modification of such Mortgage Loan.

Examples of Loan Asset Documents in a sentence

To the extent that the related Loan Asset Documents for a Mortgage Loan require Escrow Payments to be made by a Borrower, the Servicer shall obtain from such Borrower, from time to time, all bills for the payment of such items, and shall use Best Efforts to effect payment prior to the applicable penalty or termination date, employing for such purpose Escrow Payments paid by the Borrower pursuant to the terms of the Mortgage Loan and deposited in the related Escrow Account by the Servicer.
The Borrower will act in conformity with all material terms and conditions of the Loan Asset Documents, including the prompt enforcement of its rights thereunder.
The Manager will, on behalf of the Borrower, act and cause the Borrower to act in conformity with all material terms and conditions of the Loan Asset Documents, including the prompt enforcement of the Borrower’s rights thereunder.
To the extent that portions of Loan Assets are transferred pursuant to a Discretionary Sale under Section 2.14, the Custodian shall release the original Loan Asset Documents.
It is acknowledged and agreed that in circumstances in which a Person other than the Borrower or the Manager acts as lead agent with respect to any Loan Asset, the Manager shall perform its management and servicing duties hereunder only to the extent a lender under the related Loan Asset Documents has the right to do so.
The Borrower, or the Manager on its behalf, as applicable, and the Manager shall provide to the Administrative Agent and the Custodian access to the Loan Asset Documents and all other documentation regarding the Loan Assets included as part of the Collateral and the Related Property, such access being afforded without charge but only (A) upon reasonable prior notice, (B) during normal business hours and (C) subject to the Manager’s normal security and confidentiality procedures.
Except as described in the preceding sentence with respect to Underlying Notes, the Custodian may fulfill its obligations hereunder by accepting and reviewing copies of all Loan Asset Documents in a Loan Asset File.
Any such draw request made by an Obligor, along with wiring instructions for the applicable Obligor, shall be forwarded by the Borrower or the Manager to the Custodian (with a copy to the Administrative Agent) in the form of a Borrower Notice, and the Custodian shall instruct the Account Bank to fund such draw request in accordance with the Loan Asset Documents pertaining to such Delayed Funding Loan Asset.
In addition, the Servicer, in performing its services hereunder shall (i) comply with all applicable federal, state and local laws and regulations, (ii) maintain all state and federal licenses necessary for it to perform its servicing responsibilities hereunder and (iii) not impair the rights of the Owner in any related Loan Assets (or payment thereunder) pledged to the Owner pursuant to the terms of the applicable Loan Asset Documents.
Servicer shall notify the Owner in writing of any material non-payment defaults (continuing beyond any applicable grace period) under the Loan Asset Documents of which the Servicer has actual notice.

More Definitions of Loan Asset Documents

Loan Asset Documents means, in respect of a Loan Asset, any and all documents, instruments and agreements relating to such Loan Asset, including any and all related guarantees, promissory notes, mortgages, security, pledge or hypothecation agreements, letters of credit, Security Deposit agreements and other collateral or credit support documents, leases, management agreements, and other ancillary agreements. “Loan Asset Payments” means all cash principal payments, interest payments and other amounts equivalent to such payments payable by or on behalf of a Loan Asset Borrower under a Loan Asset. “Loan Documents” means, collectively, this Agreement, the Upfront Fee Letters, the Structuring Fee Letters, the Security Documents, and such other document as may be agreed in writing by the Borrower to be a “Loan Document”. “Loan Request” means a request by the Borrower for a Loan in substantially the form attached as Schedule IV. “Local Law Account Charge” means any charge or other security agreement in respect of an Obligor Payment Account entered into from time to time by the applicable Borrower Group Company in favor of the Security Trustee and governed by the laws of the jurisdiction in which such Obligor Payment Account is located and in form and substance reasonably satisfactory to the Security Trustee. “LTV” means, as of each LTV Test Date, the quotient (expressed as percentage) of: (a) an amount equal to the sum of (i) the aggregate of all principal outstanding under each Loan made hereunder plus (ii) an amount (whether positive or negative) equal to the difference between (x) due and payable Hedging Obligations as of such date minus (y) due and payable Hedging Receipts as of such date, divided by (b) an amount equal to the sum of (i) the aggregate Value of all Group 1 Assets and Group 2 Assets, plus (ii) the aggregate Appraised Value of all Underlying Assets relating to Group 3 Assets, plus (iii) the amount available in the Liquidity Account and plus (iv) the Available Maintenance Amount.