Absence of Fraud. In the origination (or acquisition, if the Mortgage Loan was not originated by the Seller or any of its Affiliates) and servicing of the Mortgage Loan, neither Seller nor, to Seller’s knowledge, any prior holder of the Mortgage Loan, if applicable, participated in any fraud or intentional material misrepresentation with respect to the Mortgage Loan.
Absence of Fraud. In the origination (or acquisition if the Participation Interest was not originated by the Seller or any of its affiliates) and servicing of the Participation Interest, the Seller did not participate in any fraud or intentional material misrepresentation with respect to the Participation Interest. No borrower, underlying obligor or guarantor originated the Participation Interest.
Absence of Fraud. In the origination (or acquisition, if the Mezzanine Loan Interest was not originated by the Seller or any of its Affiliates) and servicing of the Mezzanine Loan Interest, neither Seller nor, to Seller’s knowledge, any prior holder of the Mezzanine Loan Interest participated in any fraud or intentional material misrepresentation with respect to the Mezzanine Loan Interest. To Seller’s knowledge, no underlying obligor or guarantor originated the Mezzanine Loan Interest.
Absence of Fraud. There was no error, omission, misrepresentation, fraud or similar occurrence with respect to the Mortgage Loan on the part of any person, including, without limitation, the Borrower, any appraiser, builder or developer, or any party involved in the origination of the Mortgage Loan or in the application of any insurance in relation to the Mortgage Loan.
Absence of Fraud. ETG shall not have discovered any omissions or misstatements in the Schedules attached hereto or any fraud or circumstances which have not been disclosed that would or would be reasonably likely to give rise to an indemnification event hereunder or have a Material Adverse Effect on the Company or Parent.
Absence of Fraud. No fraud has been committed by any Seller or to the Knowledge of Sellers by any officers, directors, managers, equityholders, employees or independent contractors of any Seller, in each case in connection with the Business.
Absence of Fraud. The Company shall not have committed fraud against the Investor in connection with this Agreement or the transactions contemplated hereby (and as used in this Section 7.2(a)(4), “fraud” shall have the meaning set forth in Section 6.4(b), provided that if such “fraud” is in the form of an intentional or knowing breach by the Company of any of its covenants, representations or warranties in this Agreement pursuant to such definition, such breach shall only constitute “fraud” for purposes of this Section 7.2(a)(4) if it has created or resulted in a Material Adverse Effect).
Absence of Fraud. In the origination and servicing of the B Note, neither Seller nor, to Seller's knowledge, any prior holder of the B Note participated in any fraud or intentional material misrepresentation with respect to the B Note. To Seller's knowledge, no Underlying Obligor or guarantor originated a B Note.
Absence of Fraud. The absence of any fraud or misrepresentation on the part of all parties to the Subject Documents;
Absence of Fraud. No error, omission, misrepresentation, negligence, identity theft, fraud or similar occurrence with respect to the related Mortgage Loan has taken place on
