Collateral File Sample Clauses

The Collateral File clause defines the set of documents and records that must be maintained to evidence and support the validity, ownership, and enforceability of collateral in a transaction. Typically, this includes items such as original loan agreements, promissory notes, security instruments, and any related assignments or amendments. By specifying the required contents and standards for the collateral file, this clause ensures that all necessary documentation is available for review, transfer, or enforcement, thereby reducing risk and facilitating smooth administration or sale of the collateral.
Collateral File. The Seller has delivered to the Issuer or its designee an accurate and complete Collateral File.
Collateral File. The Seller has delivered to the Issuer or its designee accurate and complete copies of all material documents evidencing the B Note and the rights and obligations with respect thereto.
Collateral File. In connection with each borrowing, on or prior to each Borrowing Date with respect to any proposed Eligible Assets to be added to the Collateral in connection with such borrowing, Borrower shall deliver or cause to be delivered and released to the Custodian the following documents (collectively, the “Collateral File”), pertaining to each of the Eligible Assets identified in the Custodial Delivery Letter delivered therewith:
Collateral File. The Collateral File contains: (i) all of the information and documents in the Seller's or in any Purchased Entity's possession with respect to the Mortgage Loans owned by any of them and any related Mortgaged Property, and (ii) all material information and documents with respect to such Mortgage Loans and Mortgaged Property (including an American Land Title Association (or equivalent) survey of the Mortgaged Property, prepared by a duly qualified surveyor, which locates all improvements to such Mortgage Property (if any)). Each Loan Document with respect to each such Mortgage Loan (in each case, including all waivers, consents, supplements, forbearances, cancellations, releases and amendments thereto and any estoppel certificates in respect thereof) and all schedules and exhibits thereto is in writing and is contained in the Collateral File.
Collateral File. (a) the original Mortgage Note endorsed by [Seller, signature, name, title] as follows: For value received, pay to the order of "Bankers Trust Company of California, N.A. as Custodian or Trustee", without recourse with all intervening endorsements showing a complete chain of title from the original lender to [Seller]; (b) the original Mortgage or Deed of Trust, with evidence of recording thereon, or, until the original Mortgage or Deed of Trust has been received from the applicable public recording office, a copy of the Mortgage or Deed of Trust certified by [Seller] to be a true and complete copy of the original Mortgage or Deed of Trust submitted for recording; (c) the Note riders signed as required; (d) a copy of the original unrecorded assignment of the Mortgage or Deed of Trust from [Seller] to "Bankers Trust Company of California, N.A. as Custodian or Trustee"; (e) documentation of all intervening mortgage assignments with evidence of recording thereon, sufficient to show a complete chain of assignment from the originator of the Mortgage Loan to [Seller]; (f) any and all assumption, modification, written assurance or substitution agreements, where the terms or provisions of a Mortgage or Note have been modified or such Mortgage or Note have been assumed; (g) a title search (or a title policy, if any);
Collateral File. The Collateral File shall have been delivered to Lender or its designee.
Collateral File. The Seller has delivered to the Issuer or its designee accurate and complete copies of all material documents evidencing the Mezzanine Loan and the rights and obligations with respect thereto.

Related to Collateral File

  • Collateral Records Such Grantor will maintain complete and accurate books and records with respect to the Collateral owned by it, and furnish to the Collateral Agent, with sufficient copies for each of the Secured Parties, such reports relating to such Collateral as the Collateral Agent shall from time to time request.

  • Initial Collateral Custodian The role of Collateral Custodian with respect to the Required Loan Documents shall be conducted by the Person designated as Collateral Custodian hereunder from time to time in accordance with this Section 11.01. The Administrative Agent hereby designates and appoints the Collateral Custodian to act as its agent and hereby authorizes the Collateral Custodian to take such actions on its behalf and to exercise such powers and perform such duties as are expressly granted to the Collateral Custodian by this Agreement. The Collateral Custodian hereby accepts such agency appointment to act as Collateral Custodian pursuant to the terms of this Agreement, until its resignation or removal as Collateral Custodian pursuant to the terms hereof.

  • Complete Mortgage File With respect to each Mortgage Loan, to the extent that the failure to deliver the same would constitute a “Material Document Defect” in the Pooling and Servicing Agreement and/or Mortgage Loan Purchase Agreement, (i) a copy of the Mortgage File for each Mortgage Loan and (ii) originals or copies of all financial statements, appraisals, environmental reports, engineering reports, seismic assessment reports, leases, rent rolls, Insurance Policies and certificates, legal opinions and tenant estoppels in the possession or under the control of such Mortgage Loan Seller that relate to such Mortgage Loan, will be or have been delivered to the Master Servicer with respect to each Mortgage Loan by the deadlines set forth in the Pooling and Servicing Agreement and/or Mortgage Loan Purchase Agreement. For the avoidance of doubt, the Mortgage Loan Seller shall not be required to deliver any attorney-client privileged communication, draft documents or any documents or materials prepared by it or its Affiliates for internal uses, including without limitation, credit committee briefs or memoranda and other internal approval documents.

  • Review of Custodial Files The Custodian agrees, for the benefit of Certificateholders, to review, in accordance with the provisions of Section 2.01 of the Pooling and Servicing Agreement, each Custodial File. If in performing the review required by this Section 2.3 the Custodian finds any document or documents constituting a part of a Custodial File to be missing or defective in any material respect, the Custodian shall promptly so notify the Seller, the Master Servicer and the Trustee.

  • Collateral Fund Upon payment by the Purchaser of the initial amount required to be deposited in the Collateral Fund pursuant to Article II, the Company shall request the Trustee to establish and maintain with the Trustee a segregated account entitled "REMIC Mortgage Pass-Through Certificates 20__-__ Collateral Fund, for the benefit of GE Capital Mortgage Services, Inc. and State Street Bank and Trust Company on behalf of Certificateholders, as secured parties" (the "Collateral Fund"). Amounts held in the Collateral Fund shall continue to be the property of the Purchaser, subject to the first priority security interest granted hereunder for the benefit of such secured parties, until withdrawn from the Collateral Fund pursuant to the Section 2.02 or 2.03 hereof. Upon the termination of this Agreement and the liquidation of all Mortgage Loans as to which the Purchaser has made any Election to Delay Foreclosure or any Election to Foreclose pursuant to Section 2.04 hereof, the Company shall distribute to the Purchaser all amounts remaining in the Collateral Fund together with any investment earnings thereon (after giving effect to all withdrawals therefrom permitted under this Agreement). The Purchaser shall not take or direct the Company or the Trustee to take any action contrary to any provision of the Pooling and Servicing Agreement. In no event shall the Purchaser (i) take or cause the Trustee or the Company to take any action that could cause any REMIC established under the Pooling and Servicing Agreement to fail to qualify as a REMIC or cause the imposition on any such REMIC of any "prohibited transaction" or "prohibited contribution" taxes or (ii) cause the Trustee or the Company to fail to take any action necessary to maintain the status of any such REMIC as a REMIC. The Purchaser acknowledges that the Collateral Fund is an "outside reserve fund" within the meaning of the REMIC Provisions and that the Purchaser will be the beneficial owner thereof, and will be taxable on all income or gain with respect thereto.