Sabal Guarantor definition
Examples of Sabal Guarantor in a sentence
This Agreement shall bind and inure to the benefit of and be enforceable by the Seller, the Sabal Guarantor, the Purchaser and their respective permitted successors and assigns.
No failure or delay on the part of any party to exercise any right, power or privilege under this Agreement and no course of dealing between the Seller or the Sabal Guarantor and the Purchaser shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
The warranties and representations and the agreements made by the Seller and the Sabal Guarantor herein shall survive delivery of the Mortgage Loans to the Trustee, but shall not be further assigned by the Trustee to any Person.
The Sabal Guarantor has complied in all material respects with all the covenants and satisfied all the conditions on its part to be performed or satisfied under the Agreement on or prior to the date hereof, and no event has occurred which would constitute a default on the part of the Sabal Guarantor under the Agreement.
Any Person into which the Seller or the Sabal Guarantor may be merged or consolidated, or any Person resulting from any merger, conversion or consolidation to which the Seller or the Sabal Guarantor may become a party, or any Person succeeding to all or substantially all of the business of the Seller or the Sabal Guarantor, shall be the successor to the Seller or the Sabal Guarantor, as the case may be, hereunder without any further act.
The Sabal Guarantor acknowledges that it is presently informed of the financial condition of the Seller and of all other circumstances which diligent inquiry would reveal and which bear upon the risk of nonpayment of the Obligations.
The Sabal Guarantor hereby waives notice of acceptance of the guaranty provided for in this Section 24 and notice of any of the Obligations to which it may apply, and waives diligence, presentment, demand for payment, protest, notice of protest, notice of dishonor or non-payment of any Obligation, suit or the taking of other action by the Purchaser against, and any other notice to, the Seller, the Sabal Guarantor or others.
All of the representations and warranties of the Sabal Guarantor under the Mortgage Loan Purchase Agreement, dated as of October 1, 2022 (the “Agreement”), between BMO Commercial Mortgage Securities LLC, Sabal Capital II, LLC and the Sabal Guarantor, are true and correct in all material respects on and as of the date hereof with the same force and effect as if made on and as of the date hereof.