Common use of Maintenance of Financial Covenants Clause in Contracts

Maintenance of Financial Covenants. To the extent that Seller, KKR REIT or Guarantor is obligated, under any other repurchase agreement, loan agreement, warehouse facility, guaranty or similar credit facility involving the financing of commercial real estate assets which are similar to the Purchased Assets (expressly excluding loans secured by single-family rental properties), whether now in effect or in effect at any time during the term of this Agreement, to comply with a financial covenant that is comparable to any of the financial covenants set forth in this Agreement, and such comparable financial covenant is more restrictive to Seller or otherwise more favorable to the related lender or buyer thereunder than any financial covenant set forth in this Agreement, or is in addition to any financial covenant set forth in this Agreement, then such comparable or additional financial covenant shall, with no further action required on the part of either Seller or Buyer, automatically become a part of this Agreement and be incorporated herein, and Seller hereby covenants to maintain compliance with such comparable or additional financial covenant at all times throughout the remaining term of this Agreement. In connection therewith, Seller agrees to promptly notify Buyer of the execution of any agreement or other document that would cause the provisions of this Section 18.25 to become effective. Seller further agrees to execute and deliver any new guaranties, agreements or amendments to this Agreement or any other Repurchase Document necessary to evidence all such new or modified provisions, provided that the execution of such amendment shall not be a precondition to the effectiveness of this Section 18.25, but shall merely be for the convenience of the Parties. [ONE OR MORE UNNUMBERED SIGNATURE PAGES FOLLOW]

Maintenance of Financial Covenants. To the extent that Seller, KKR REIT or Guarantor is obligated, obligated under any other repurchase agreement, loan agreement, warehouse facility, guaranty or similar credit facility involving the financing of commercial real estate assets which are is similar to the financing of the Purchased Assets under the Repurchase Agreement (expressly excluding loans secured by single-family rental properties), whether now in effect or in effect at any time during the term of this Agreement, Guarantee) to comply with a financial covenant that is comparable to any of the financial covenants set forth in Section 9 of this AgreementGuarantee or in similar covenants in any other Repurchase Document, and such comparable financial covenant is more restrictive to Seller Guarantor or otherwise more favorable to the related lender or buyer thereunder than any financial covenant set forth in this AgreementGuarantee or in any other Repurchase Document, or is in addition to any financial covenant set forth in this AgreementGuarantee or in any other Repurchase Document, then such comparable or additional financial covenant shall, with no further action required on the part of either Seller Guarantor, Pledgor or Buyer, automatically become a part of this Agreement Guarantee or in such other Repurchase Document and be incorporated hereinherein and/or therein, and Seller Guarantor hereby covenants to maintain compliance with such comparable or additional financial covenant at all times throughout the remaining term of this AgreementGuarantee. In connection therewith, Seller Guarantor agrees to promptly notify Buyer of the execution of any agreement guarantee or other document that would cause the provisions of this Section 18.25 21 to become effective. Seller Guarantor further agrees to execute and deliver any new guaranties, agreements or amendments to this Agreement Guarantee or any other Repurchase Document necessary to evidence all such new or modified provisions, subject to the terms of this Section 21, provided that the execution of such amendment shall not be a precondition to the effectiveness of this Section 18.25such amendment, but shall merely be for the convenience of the Partiesparties hereto and thereto. [ONE OR MORE UNNUMBERED SIGNATURE PAGES FOLLOW]If an applicable repurchase agreement, warehouse facility or other similar credit facility subject to a more restrictive or additional financial covenant pursuant to this Section 21 terminates and is no longer binding upon Guarantor, then Guarantor may deliver a written request to Buyer to enter into an amendment to this Guarantee in order to reflect less restrictive financial covenants which are mutually agreed upon by Guarantor and Buyer, which request may be granted or denied by Buyer in its sole discretion.

Maintenance of Financial Covenants. To the extent that Seller, KKR REIT or Guarantor any Seller Party is obligated, obligated under any other repurchase agreement, loan agreement, warehouse facility, guaranty or similar credit facility involving the financing of commercial real estate assets which are similar to the Purchased Assets (expressly excluding loans secured by single-family rental properties), whether now in effect or in effect at any time during the term of this Agreement, ) to comply with a financial covenant that is comparable to any of the financial covenants set forth in this AgreementAgreement or in any other Repurchase Document, and such comparable financial covenant is more restrictive to any Seller Party or otherwise more favorable to the related lender or buyer thereunder than any financial covenant set forth in this AgreementAgreement or in any other Repurchase Document, or is in addition to any financial covenant set forth in this AgreementAgreement or in any other Repurchase Document, then such comparable or additional financial covenant shall, with no further action required on the part of either the Seller Parties or Buyer, automatically become a part of this Agreement or in such other Repurchase Document and be incorporated hereinherein and/or therein, and each Seller Party hereby covenants to maintain compliance with such comparable or additional financial covenant at all times throughout the remaining term of this Agreement. In connection therewith, each Seller Party agrees to promptly notify Buyer of the execution of any agreement or other document that would cause the provisions of this Section 18.25 18.26 to become effective. Each Seller Party further agrees to execute and deliver any new guaranties, agreements or amendments to this Agreement or any other Repurchase Document necessary to evidence all such new or modified provisions, provided that the execution of such amendment shall not be a precondition to the effectiveness of this Section 18.25such amendment, but shall merely be for the convenience of the Parties. [ONE OR MORE UNNUMBERED SIGNATURE PAGES FOLLOW]parties hereto and thereto.

Maintenance of Financial Covenants. To Guarantor hereby agrees that, to the extent that SellerGuarantor, KKR REIT or Guarantor any of Affiliate of Guarantor, is obligated, obligated (either as a primary or secondary obligor) under any other repurchase agreement, loan agreement, warehouse facility, guaranty or similar credit facility involving the financing of commercial real estate assets which are similar to the Purchased Assets facility, guarantee or any amendments thereto (expressly excluding loans secured by single-family rental properties), whether now in effect or in that comes into effect at any time during the term of this the Repurchase Agreement, ) to comply with a financial covenant that is comparable to any of the financial covenants set forth in this Agreement, Guarantee and such comparable financial covenant is more restrictive to Seller the guarantor, seller, borrower and/or obligor thereunder or otherwise more favorable to the related lender or buyer thereunder than any financial covenant set forth in this AgreementGuarantee, or is in addition to any financial covenant set forth in this AgreementGuarantee, then each such comparable (but more favorable or more restrictive) or additional financial covenant shall, with no further action required on the part of either Seller Guarantor or Buyer, automatically become be deemed to be a part of this Agreement Guarantee and be incorporated herein, mutatis mutandis, and Seller Guarantor hereby covenants agrees to maintain compliance comply with such comparable or additional financial covenant new, more restrictive and/or more favorable terms, as applicable, at all times throughout the remaining term of this AgreementGuarantee. In connection therewith, Seller Guarantor agrees to promptly notify Buyer of the execution of any agreement agreement, amendment or other document that would cause the provisions of described in this Section 18.25 to become effective21. Seller Guarantor further agrees agrees, at Buyer’s request, to execute and deliver any new guaranties, agreements or related amendments to this Agreement or any other Repurchase Document necessary Guarantee, each in form and substance acceptable to evidence all such new or modified provisionsBuyer, provided that the execution of any such amendment shall not be a precondition to the effectiveness of this Section 18.2521, but shall merely be for the convenience of the Parties. [ONE OR MORE UNNUMBERED SIGNATURE PAGES FOLLOW]Guarantor and Buyer.

Maintenance of Financial Covenants. To the extent that Seller, KKR REIT or Guarantor is obligated, obligated under any other repurchase agreement, loan agreement, warehouse facility, guaranty or similar credit facility involving the financing of commercial real estate assets which are similar to the Purchased Assets (expressly excluding loans secured by single-family rental properties), whether now in effect or in effect at any time during the term of this Agreement, ) to comply with a financial covenant that is comparable to any of the financial covenants set forth in this AgreementAgreement or in any other Repurchase Document, and such comparable financial covenant is more restrictive to Seller Guarantor or otherwise more favorable to the related lender or buyer thereunder than any financial covenant set forth in this AgreementAgreement or in any other Repurchase Document, or is in addition to any financial covenant set forth in this AgreementAgreement or in any other Repurchase Document, then such comparable or additional financial covenant shall, with no further action required on the part of either the Seller Parties or Buyer, automatically become a part of this Agreement or in such other Repurchase Document and be incorporated hereinherein and/or therein, and Seller hereby covenants to Guarantor shall maintain compliance with such comparable or additional financial covenant at all times throughout the remaining term of this Agreement. In connection therewith, each Seller Party agrees to promptly notify Buyer of the execution of any agreement or other document that would cause the provisions of this Section 18.25 18.26 to become effective. Each Seller Party further agrees to execute and deliver any new guaranties, agreements or amendments to this Agreement or any other Repurchase Document necessary to evidence all such new or modified provisions, provided that the execution of such amendment shall not be a precondition to the effectiveness of this Section 18.25such amendment, but shall merely be for the convenience of the Parties. [ONE OR MORE UNNUMBERED SIGNATURE PAGES FOLLOW]parties hereto and thereto.