Common use of No Default or Material Adverse Effect Clause in Contracts

No Default or Material Adverse Effect. No Default or Event of Default has occurred and is continuing. No default or event of default (however defined) exists under any Indebtedness, Guarantee Obligations or Contractual Obligations of Seller. Seller believes that it is and will be able to pay and perform each agreement, duty, obligation and covenant contained in the Repurchase Documents and Purchased Asset Documents to which it is a party, and that it is not subject to any agreement, obligation, restriction or Requirements of Law that would unduly burden its ability to do so or could reasonably be expected to have a Material Adverse Effect. Seller has no Knowledge of any actual or prospective development, event or other fact that could reasonably be expected to have a Material Adverse Effect. No Internal Control Event has occurred. In all instances where Servicer is not Buyer or one of its Affiliates, Seller has delivered to Buyer all underlying servicing agreements (or provided Buyer with access to a service, internet website or other system where Buyer can successfully access such agreements) with respect to the Purchased Assets, and to Seller’s Knowledge no material default or event of default (however defined) exists thereunder.

Appears in 4 contracts

Samples: Master Repurchase and Securities Contract (FS Credit Real Estate Income Trust, Inc.), Master Repurchase and Securities Contract (FS Credit Real Estate Income Trust, Inc.), Master Repurchase and Securities Contract (FS Credit Real Estate Income Trust, Inc.)

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No Default or Material Adverse Effect. No Default or Event of Default has occurred and is continuingexists. No default or event of default (however defined) exists under any Indebtedness, Guarantee Obligations or Contractual Obligations of Seller. Seller believes that it is and will be able to pay and perform each agreement, duty, obligation and covenant contained in the Repurchase Documents and Purchased Asset Documents to which it is a party, and that it is not subject to any agreement, obligation, restriction or Requirements of Law that would unduly burden its ability to do so or could reasonably be expected to have a Material Adverse Effect. Seller has no Knowledge of any actual or prospective development, event or other fact that could reasonably be expected to have a Material Adverse Effect. No Internal Control Event has occurred. In all instances where Servicer is not Buyer or one of its Affiliates, Seller has delivered to Buyer all underlying servicing agreements (or provided Buyer with access to a service, internet website or other system where Buyer can successfully access such agreements) with respect to the Purchased Assets, and to Seller’s Knowledge no material default or event of default (however defined) exists thereunder. No event of default (however defined) on the part of Guarantor, Pledgor or any Affiliate exists under any credit facility, repurchase facility or substantially similar facility that is presently in effect, to which Guarantor, Pledgor or any Affiliate thereof is a party.

Appears in 3 contracts

Samples: Servicing Agreement (KKR Real Estate Finance Trust Inc.), Servicing Agreement (KKR Real Estate Finance Trust Inc.), Servicing Agreement (KKR Real Estate Finance Trust Inc.)

No Default or Material Adverse Effect. No Default or Event of Default has occurred and is continuingexists. No default or event of default (however defined) exists under any Indebtedness, Guarantee Obligations or Contractual Obligations of SellerSeller (excluding the Repurchase Documents). Seller believes that it is and will be able to pay and perform each agreement, duty, obligation and covenant contained in the Repurchase Documents and Purchased Asset Mortgage Loan Documents to which it is a party, and that it is not subject to any agreement, obligation, restriction or Requirements of Law that which would unduly burden its ability to do so or could reasonably be expected to have a Material Adverse Effect. Seller has no Knowledge of any actual or prospective development, event or other fact that could reasonably be expected to have a Material Adverse Effect. No Internal Control Event has occurred. In all instances where Servicer is not Buyer or one of its Affiliates, Seller has delivered to Buyer all underlying servicing agreements (or provided Buyer with access to a service, internet website or other system where Buyer can successfully access such agreements) with respect to the Purchased Assets, and to Seller’s Knowledge no material default or event of default (however defined) exists thereunder. Seller has delivered to Buyer copies of all credit facilities, repurchase facilities and substantially similar facilities of Seller that are presently in effect, and no default or event of default (however defined) on the part of Seller exists thereunder.

Appears in 2 contracts

Samples: Master Repurchase Agreement and Securities Contract (Home Loan Servicing Solutions, Ltd.), Master Repurchase Agreement and Securities Contract (Altisource Residential Corp)

No Default or Material Adverse Effect. No Default or Event of Default has occurred and is continuingexists. No default or event of default (however defined) exists under any Indebtedness, Guarantee Obligations or Contractual Obligations of SellerSeller (excluding the Repurchase Documents). Seller believes that it is and will be able to pay and perform each agreement, duty, obligation and covenant contained in the Repurchase Documents and Purchased Asset Documents to which it is a party, and that it is not subject to any agreement, obligation, restriction or Requirements of Law that which would unduly burden its ability to do so or could reasonably be expected to have a Material Adverse Effect. Seller has no Knowledge of any actual or prospective development, event or other fact that could reasonably be expected to have a Material Adverse Effect. No Internal Control Event has occurred. In all instances where Servicer is not Buyer or one of its Affiliates, Seller has delivered to Buyer all underlying servicing agreements (or provided Buyer with access to a service, internet website or other system where Buyer can successfully access such agreements) with respect to the Purchased Underlying Assets, and to Seller’s Knowledge no material default or event of default (however defined) exists thereunder. Seller has delivered to Buyer copies of all credit facilities, repurchase facilities and substantially similar facilities of Seller that are presently in effect, and no default or event of default (however defined) on the part of Seller exists thereunder.

Appears in 1 contract

Samples: Master Repurchase Agreement and Securities Contract (Altisource Residential Corp)

No Default or Material Adverse Effect. No To Seller’s Knowledge, no Default or Event of Default has occurred and is continuingexists. No default or event of default (however defined) exists under any Indebtedness, Guarantee Obligations or Contractual Obligations of Seller. Seller believes that it is and will be able to pay and perform each agreement, duty, obligation and covenant contained in the Repurchase Documents and Purchased Asset Documents to which it is a party, and that it is not subject to any agreement, obligation, restriction or Requirements of Law that would unduly burden its ability to do so or could reasonably be expected to have a Material Adverse Effect. Seller has no Knowledge of any actual or prospective development, event or other fact that could reasonably be expected to have a Material Adverse Effect. No Internal Control Event has occurred. In all instances where Servicer is not Buyer or one of its Affiliates, Seller has delivered to Buyer all underlying servicing agreements (or provided Buyer with access to a service, internet website or other system where Buyer can successfully access such agreements) with respect to the Purchased Assets, and to Seller’s Knowledge no material default or event of default (however defined) exists thereunder.

Appears in 1 contract

Samples: Master Repurchase Agreement and Securities Contract (Granite Point Mortgage Trust Inc.)

No Default or Material Adverse Effect. (a) No Default or Event of Default has occurred and is continuingexists. No default or event of default (however defined) beyond applicable notice and cure periods exists under any Indebtedness, Guarantee Obligations or Contractual Obligations of Seller. Seller believes that it is and will be able to pay and perform each agreement, duty, obligation and covenant contained in the Repurchase Documents and Purchased Asset Documents to which it is a party, and that to the Knowledge of Seller, it is not subject to any agreement, obligation, restriction or Requirements of Law that would unduly burden its ability to do so or could reasonably be expected to have a Material Adverse Effect. Seller has no Knowledge of any actual or prospective development, event or other fact that has not been disclosed in writing to Buyer and that could reasonably be expected to have a Material Adverse Effect. No Internal Control Event has occurredoccurred (other than as previously disclosed to Buyer and such person has been removed from involvement with the Purchased Assets and all matters relating to this Repurchase Agreement). In all instances where Servicer is not Buyer or one of its Affiliates, Seller has delivered to Buyer all underlying servicing agreements (or provided Buyer with access to a service, internet website or other system where Buyer can successfully access such agreements) with respect to the Purchased Assets, and to Seller’s Knowledge no material default or event of default (however defined) exists thereunder.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (Seven Hills Realty Trust)

No Default or Material Adverse Effect. (a) No Default or Event of Default has occurred and is continuingexists. No default or event of default (however defined) exists under any Indebtedness, Guarantee Obligations or Contractual Obligations of Seller. Seller believes that it is and will be able to pay and perform each agreement, duty, obligation and covenant contained in the Repurchase Documents and Purchased Asset Documents to which it is a party, and that to the Knowledge of Seller, it is not subject to any agreement, obligation, restriction or Requirements of Law that would unduly burden its ability to do so or could reasonably be expected to have a Material Adverse Effectmaterial and adverse effect on Seller. Seller has no Knowledge of any actual or prospective development, event or other fact that could reasonably be expected to have a Material Adverse Effectmaterial and adverse effect on Seller. No Internal Control Event has occurred. In all instances where Servicer is not Buyer or one of its Affiliates, Seller has delivered to Buyer all underlying servicing agreements (or provided Buyer with access to a service, internet website or other system where Buyer can successfully access such agreements) with respect to the Purchased Assets, and to Seller’s Knowledge no material default or event of default (however defined) exists thereunder.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (Claros Mortgage Trust, Inc.)

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No Default or Material Adverse Effect. No Default or Event of Default has occurred and is continuingexists. No default or event of default (however defined) exists under any Indebtedness, Guarantee Obligations or Contractual Obligations of SellerBorrower. Seller Borrower believes that it is and will be able to pay and perform each agreement, duty, obligation and covenant contained in the Repurchase Loan Documents and Purchased Asset Mortgage Loan Documents to which it is a party, and that it is not subject to any agreement, obligation, restriction or Requirements of Law that which would unduly burden its ability to do so or could reasonably be expected to have a Material Adverse Effect. Seller Borrower has no Knowledge of any actual or prospective development, event or other fact that could reasonably be expected to have a Material Adverse Effect. No Internal Control Event has occurred. In all instances where Servicer is not Buyer or one of its Affiliates, Seller Borrower has delivered to Buyer Lender all underlying servicing agreements (or provided Buyer Lender with access to a service, internet website or other system where Buyer Lender can successfully access such agreements) with respect to the Purchased AssetsMortgage Loans, and to SellerBorrower’s Knowledge no material default or event of default (however defined) exists thereunder. No default or event of default (however defined) on the part of Borrower exists under any credit facilities, repurchase facilities or substantially similar facilities of Borrower that are presently in effect.

Appears in 1 contract

Samples: Master Loan and Security Agreement (PennyMac Mortgage Investment Trust)

No Default or Material Adverse Effect. No To Seller’s Knowledge, no Default or Event of Default has occurred and is continuingexists. No default or event of default (however defined) exists under any Indebtedness, Guarantee Obligations or Contractual Obligations of Seller. Seller believes that it is and will be able to pay and perform each agreement, duty, obligation and covenant contained in the Repurchase Documents and Purchased Asset Documents to which it is a party, and that it is not subject to any agreement, obligation, restriction or Requirements of Law that would unduly burden its ability to do so or could reasonably be expected to have a Material Adverse Effect. Seller has no Knowledge of any actual or prospective development, event or other fact that could reasonably be expected to have a Material Adverse Effect. No Internal Control Event has occurred. In all instances where Servicer is not Buyer or one of its Affiliates, Seller has delivered to Buyer all underlying servicing agreements (or provided Buyer with access to a service, internet website or other system where Buyer can successfully access such agreements) with respect to the Purchased Assets, and to Seller’s Knowledge no material default or event of default (however defined) exists thereunder.. -58- LEGAL02/38049601v7

Appears in 1 contract

Samples: Master Repurchase Agreement and Securities Contract (Granite Point Mortgage Trust Inc.)

No Default or Material Adverse Effect. No Default or Event of Default has occurred and is continuingexists. No default or event of default (however defined) exists under any Indebtedness, Guarantee Obligations or Contractual Obligations of Seller. Seller believes that it is and will be able to pay and perform each agreement, duty, obligation and covenant contained in the Repurchase Documents, the Whole Loan Documents and Purchased Asset the Senior Interest Documents to which it is a party, and that it is not subject to any agreement, obligation, restriction or Requirements of Law that would unduly burden its ability to do so or could reasonably be expected to have a Material Adverse Effect. Seller has no Knowledge of any actual or prospective development, event or other fact that could reasonably be expected to have a Material Adverse Effect. No Internal Control Event has occurred. In all instances where Servicer is not Buyer or one No Servicing Agreements exist with respect to any of its Affiliates, the Purchased Assets. Seller has delivered to Buyer copies of all underlying servicing agreements (or provided Buyer with access to a servicecredit facilities, internet website or other system where Buyer can successfully access such agreements) with respect to the Purchased Assetsrepurchase facilities and substantially similar facilities of Seller that are presently in effect, and to Seller’s Knowledge no material default or event of default (however defined) on the part of Seller exists thereunder.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (Dividend Capital Total Realty Trust Inc.)

No Default or Material Adverse Effect. No Default or Event of Default has occurred and is continuingexists. No default or event of default (however defined) exists under any Indebtedness, Guarantee Obligations or Contractual Obligations of Seller. Seller believes that it is and will be able to pay and perform each agreement, duty, obligation and covenant contained in the Repurchase Documents and Purchased Asset Documents to which it is a party, and that it is not subject to any agreement, obligation, restriction or Requirements of Law that would unduly burden its ability to do so or could reasonably be expected to have a Material Adverse Effect. Seller has no Knowledge of any actual or prospective development, event or other fact that could reasonably be expected to have a Material Adverse Effect. No Internal Control Event has occurred. In all instances where Servicer is not Buyer or one of its Affiliates, Seller has delivered to Buyer all underlying servicing agreements (or provided Buyer with access to a service, internet website or other system where Buyer can successfully access such agreements) with respect to the Purchased Assets, and to Seller’s Knowledge no material default or event of default (however defined) exists thereunder.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (AG Mortgage Investment Trust, Inc.)

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