Acceleration Provisions. Each related Mortgage or loan agreement contains provisions for the acceleration of the payment of the unpaid principal balance of such Mortgage Loan if, without complying with the requirements of the Mortgage or loan agreement, the related Mortgaged Property, or any controlling interest therein, is directly or indirectly transferred or sold (other than transfers for estate planning purposes and other purposes where no change of control occurs) or encumbered in connection with subordinate financing (other than any indebtedness described in clauses (xiv) and (xv) above) and each related Mortgage or loan agreement prohibits the pledge or encumbrance of the Mortgaged Property without the consent of the holder of the Mortgage Loan.
Appears in 2 contracts
Sources: Mortgage Loan Purchase and Sale Agreement (Painewebber Mortgage Acceptance Corp V), Mortgage Loan Purchase and Sale Agreement (Painewebber Mortgage Acceptance Corp V)
Acceleration Provisions. Each related Mortgage or loan agreement contains provisions for the acceleration of the payment of the unpaid principal balance of such Mortgage Loan if, (A) without obtaining the written consent of the Mortgagee, the related Mortgaged Property is transferred, sold or encumbered in connection with any additional financing (other than any existing Other Debt referenced in clause (xliii) below) or (B) without complying with the requirements of the Mortgage or loan agreement, the related Mortgaged Property, or any controlling interest therein, is directly or indirectly transferred or sold (other than transfers for estate planning purposes and other purposes where no change of control occurs) sold, or encumbered in connection with subordinate financing (other than any indebtedness described in clauses (xiv) and (xv) above) and each related Mortgage or loan agreement prohibits the pledge or encumbrance of the Mortgaged Property (except for matters of the type described in clause (viii) above) without the consent of the holder of the Mortgage Loan.;
Appears in 1 contract
Sources: Mortgage Loan Purchase and Sale Agreement (Bear Stearns Commercial Mortgage Securities Inc)