Common use of No Material Default; Payment Record Clause in Contracts

No Material Default; Payment Record. As of the Purchase Date, no Purchased Asset has been more than 30 days delinquent, without giving effect to any grace or cure period, in making required payments since origination, and as of the Purchased Date, no Purchased Asset is delinquent (beyond any applicable grace or cure period) in making required payments. To Seller’s knowledge, there is (a) no, and since origination until the Purchase Date there has been no, material default, breach, violation or event of acceleration existing under the related Purchased Asset Documents, or (b) no event (other than payments due but not yet delinquent) which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration, which default, breach, violation or event of acceleration, in the case of either clause (a) or (b), materially and adversely affects the value of the Purchased Asset, or the value, use or operation of the related Mortgaged Property, provided, however, that this Paragraph (38) does not cover any default, breach, violation or event of acceleration that specifically pertains to or arises out of an exception scheduled to any other representation and warranty made by Seller in any Exception Report. No person other than the holder of such Purchased Asset may declare any event of default under the Purchased Asset or accelerate any indebtedness under the Purchased Asset Documents.

Appears in 2 contracts

Samples: Master Repurchase and Securities Contract Agreement (KKR Real Estate Finance Trust Inc.), Master Repurchase and Securities Contract Agreement (KKR Real Estate Finance Trust Inc.)

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No Material Default; Payment Record. As of the Purchase Date, no Purchased Asset No Mortgage Loan has been more than 30 days delinquent, without giving effect to any grace or cure period, in making required payments since origination, and as of the Purchased Datedate hereof, no Purchased Asset Mortgage Loan is more than 30 days delinquent (beyond any applicable grace or cure period) in making required paymentspayments as of the Closing Date. To the Seller’s knowledge, there is (a) no, and since origination until the Purchase Date there has been no, no material default, breach, violation or event of acceleration existing under the related Purchased Asset DocumentsMortgage Loan or Participation Agreement, if applicable, or (b) no event (other than payments due but not yet delinquent) which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration, which default, breach, violation or event of acceleration, in the case of either clause (a) or clause (b), materially and adversely affects the value of the Purchased AssetMortgage Loan or Participation Agreement, if applicable, or the value, use or operation of the related Mortgaged Property, provided, however, that this Paragraph (38) representation and warranty does not cover any default, breach, violation or event of acceleration that specifically pertains to or arises out of an exception scheduled to any other representation and warranty made by the Seller in any Exception Report. this Exhibit H. No person other than the holder of such Purchased Asset Mortgage Loan may declare any event of default under the Purchased Asset Mortgage Loan or accelerate any indebtedness under the Purchased Asset Loan Documents.

Appears in 2 contracts

Samples: Arbor Realty (Arbor Realty Trust Inc), Arbor Realty (Arbor Realty Trust Inc)

No Material Default; Payment Record. As of the Purchase Date, no Purchased No Mortgage Asset has been more than 30 days delinquent, without giving effect to any grace or cure period, in making required payments since origination, and as of the Purchased Cut-off Date, no Purchased Mortgage Asset is delinquent (beyond any applicable grace or cure period) in making required payments. To SellerIssuer’s knowledge, there is (a) no, and since origination until the Purchase Date there has been no, material default, breach, violation or event of acceleration existing under the related Purchased Mortgage Asset Documents, or (b) no event (other than payments due but not yet delinquent) which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration, which default, breach, violation or event of acceleration, in the case of either clause (a) or (b), materially and adversely affects the value of the Purchased Mortgage Asset, or the value, use or operation of the related Mortgaged Property, provided, however, that this Paragraph (38) does not cover any default, breach, violation or event of acceleration that specifically pertains to or arises out of an exception scheduled hereto to any other representation and warranty made by Seller in any Exception ReportIssuer. No person other than the holder of such Purchased Mortgage Asset may declare any event of default under the Purchased Mortgage Asset or accelerate any indebtedness under the Purchased Mortgage Asset Documents.. Schedule D

Appears in 2 contracts

Samples: Indenture and Credit Agreement (Terra Property Trust, Inc.), Indenture and Credit Agreement (Terra Secured Income Fund 5, LLC)

No Material Default; Payment Record. As of the Purchase Date, no Purchased Asset has been more than 30 days delinquent, without giving effect to any grace or cure period, in making required payments since origination, and as of the Purchased Purchase Date, no Purchased Asset is delinquent (beyond any applicable grace or cure period) in making required payments. To As of the Purchase Date, to Seller’s knowledge, there is (a) no, and since origination until the Purchase Date there has been no, material default, breach, violation or event of acceleration existing under the related Purchased Asset Documents, or (b) no event (other than payments due but not yet delinquent) which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration, which default, breach, violation or event of acceleration, in the case of either clause (a) or (b), materially and adversely affects the value of the Purchased Asset, or the value, use or operation of the related Mortgaged Property, provided, however, that this Paragraph (3837) does not cover any default, breach, violation or event of acceleration that specifically pertains to or arises out of an exception scheduled to any other representation and warranty made by Seller in any Exception Report. No person other than the holder of such Purchased Asset may declare any event of default under the Purchased Asset or accelerate any indebtedness under the Purchased Asset Documents.

Appears in 2 contracts

Samples: Bailee Agreement (Colony Credit Real Estate, Inc.), Master Repurchase and Securities Contract Agreement (Colony NorthStar Credit Real Estate, Inc.)

No Material Default; Payment Record. As of the Purchase Date, no Purchased Asset has been more than 30 days delinquent, without giving effect to any grace or cure period, in making required payments since origination, and as of the Purchased Date, no Purchased Asset is delinquent (beyond any applicable grace or cure period) in making required payments. To As of the Purchase Date, to Seller’s knowledge, there is (a) no, and since origination until the Purchase Date there has been no, material default, breach, violation or event of acceleration existing under the related Purchased Asset Documents, or (b) no event (other than payments due but not yet delinquent) which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration, which default, breach, violation or event of acceleration, in the case of either clause (a) or (b), materially and adversely affects the value of the Purchased AssetAsset or the collateral for the Mezzanine Loan, or the value, use or operation of the related underlying Mortgaged Property, provided, however, that this Paragraph (3830) does not cover any default, breach, violation or event of acceleration that specifically pertains to or arises out of an exception scheduled to any other representation and warranty made by Seller in any Exception Report. No person other than the holder of such Purchased Asset may declare any event of default under the Purchased Asset or accelerate any indebtedness under the Purchased Asset Documents.

Appears in 2 contracts

Samples: Master Repurchase and Securities Contract Agreement (Colony NorthStar Credit Real Estate, Inc.), Bailee Agreement (Colony Credit Real Estate, Inc.)

No Material Default; Payment Record. As of the Purchase Date, no No Purchased Asset has been more than 30 days delinquent, without giving effect to any grace or cure period, in making required payments since origination, and as of the Purchased Date, no Purchased Asset is delinquent (beyond any applicable grace or cure period) in making required payments. To Seller’s knowledge, there is (a) no, and since origination until the Purchase Date there has been no, material default, breach, violation or event of acceleration existing under the related Purchased Asset Documents, or (b) no event (other than payments due but not yet delinquent) which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration, which default, breach, violation or event of acceleration, in the case of either clause (a‎(a) or (bclause ‎(b), materially and adversely affects the value of the Purchased Asset, or the value, use or operation of the related Mortgaged Property, ; provided, however, that this Paragraph (38‎(38) does not cover any default, breach, violation or event of acceleration that specifically pertains to or arises out of an exception scheduled to any other representation and warranty made by Seller in any Exception Report. No person other than the holder of such Purchased Asset may declare any event of default under the Purchased Asset or accelerate any indebtedness under the Purchased Asset Documents.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract Agreement (LoanCore Realty Trust, Inc.)

No Material Default; Payment Record. As of the Purchase Date, no No Purchased Asset Mortgage Loan has been more than 30 days delinquent, without giving effect to any grace or cure period, in making required payments since origination, and as of the Purchased Datedate hereof, no Purchased Asset Mortgage Loan is more than 30 days delinquent (beyond any applicable grace or cure period) in making required paymentspayments as of the Purchase Date. To the Seller’s knowledge, there is (a) no, and since origination until the Purchase Date there has been no, no material default, breach, violation or event of acceleration existing under the related Purchased Asset DocumentsMortgage Loan, or (b) no event (other than payments due but not yet delinquent) which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration, which default, breach, violation or event of acceleration, in the case of either clause (a) or clause (b), materially and adversely affects the value of the Purchased Asset, Mortgage Loan or the value, use or operation of the related Mortgaged Property, provided, however, that this Paragraph (38) representation and warranty does not cover any default, breach, violation or event of acceleration that specifically pertains to or arises out of an exception scheduled to any other representation and warranty made by the Seller in any Exception Reportthis Annex of Representations and Warranties. No person other than the holder of such Purchased Asset Mortgage Loan may declare any event of default under the Purchased Asset Mortgage Loan or accelerate any indebtedness under the Purchased Asset Mortgage Loan Documents.

Appears in 1 contract

Samples: Master Repurchase and Securities Contract (TPG RE Finance Trust, Inc.)

No Material Default; Payment Record. As of the Purchase Date, no the Purchased Asset has not been more than 30 days delinquent, without giving effect to any grace or cure period, in making required payments since origination, and as of the Purchased Purchase Date, no the Purchased Asset is not delinquent (beyond any applicable grace or cure period) in making required payments. To As of the Purchase Date, to Seller’s knowledgeKnowledge, there is (a) no, and since origination until the Purchase Date there has been no, material default, breach, violation or event of acceleration existing under the related Purchased Asset Documents, or (b) no event (other than payments due but not yet delinquent) which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration, which default, breach, violation or event of acceleration, in the case of either clause (a) or (b), materially and adversely affects the value of the Purchased Asset, or the value, use or operation of the related Mortgaged Property, provided, however, that this Paragraph (38) does not cover any default, breach, violation or event of acceleration that specifically pertains to or arises out of an exception scheduled to any other representation and warranty made by Seller in any Exception Report. No person other than the holder of such Purchased Asset may declare any event of default under the Purchased Asset or accelerate any indebtedness under the Purchased Asset Documents.

Appears in 1 contract

Samples: Bailee Agreement (TPG RE Finance Trust, Inc.)

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No Material Default; Payment Record. As of the Purchase Date, no Purchased Asset has been more than 30 days delinquent, without giving effect to any grace or cure period, in making required payments since origination, origination and as of the Purchased Date, no Purchased Asset is delinquent (beyond any applicable grace or cure period) in making required payments. To Seller’s knowledgeKnowledge, there is (a) no, and since origination and until the Purchase Date Date, there has been no, material default, breach, violation or event of acceleration existing under the related Purchased Asset Documents, or (b) no event (other than payments due but not yet delinquent) which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration, which default, breach, violation or event of acceleration, in the case of either clause (a) or (b), materially and adversely affects the value of the Purchased Asset, or the value, use or operation of the related Underlying Mortgaged Property, provided, however, that this Paragraph (38) does not cover any default, breach, violation or event of acceleration that specifically pertains to or arises out of an exception scheduled to any other representation and warranty made by Seller in any Exception Report. No person other than the holder of such Purchased Asset may declare any event of default under the Purchased Asset or accelerate any indebtedness under the Purchased Asset Documents.

Appears in 1 contract

Samples: Securities Contract Agreement (FS Credit Real Estate Income Trust, Inc.)

No Material Default; Payment Record. As of the Purchase Date, no Purchased Asset has been more than 30 days delinquent, without giving effect to any grace or cure period, in making required payments since origination, and as of the Purchased Date, no Purchased Asset is delinquent (beyond any applicable grace or cure period) in making required payments. To Seller’s knowledgeKnowledge, there is (a) no, and since origination until the Purchase Date there has been no, material default, breach, violation or event of acceleration existing under the related Purchased Asset Documents, or (b) no event (other than payments due but not yet delinquent) which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration, which default, breach, violation or event of acceleration, in the case of either clause (a) or (b), materially and adversely affects the value of the Purchased Asset, or the value, use or operation of the related Underlying Mortgaged Property, provided, however, that this Paragraph (38) does not cover any default, breach, violation or event of acceleration that specifically pertains to or arises out of an exception scheduled to any other representation and warranty made by Seller in any Exception Report. No person other than the holder of such Purchased Asset may declare any event of default under the Purchased Asset or accelerate any indebtedness under the Purchased Asset Documents.

Appears in 1 contract

Samples: Securities Contract Agreement (TPG RE Finance Trust, Inc.)

No Material Default; Payment Record. As of the Purchase Date, no Purchased Asset No Mortgage Loan has been more than 30 thirty (30) days delinquent, without giving effect to any grace or cure period, in making required payments since origination, and as of the Purchased Datedate hereof, no Purchased Asset Mortgage Loan is more than thirty (30) days delinquent (beyond any applicable grace or cure period) in making required paymentspayments as of the Closing Date. To Seller’s 's knowledge, there is (a) no, and since origination until the Purchase Date there has been no, no material default, breach, violation or event of acceleration existing under the related Purchased Asset DocumentsMortgage Loan, or (b) no event (other than payments due but not yet delinquent) which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration, which default, breach, violation or event of acceleration, in the case of either clause (a) or clause (b), materially and adversely affects the value of the Purchased Asset, Mortgage Loan or the value, use or operation of the related Mortgaged Property, provided, however, that this Paragraph (38) representation and warranty does not cover any default, breach, violation or event of acceleration that specifically pertains to or arises out of an exception scheduled to any other representation and warranty made by Seller in any Exception Reportthis Exhibit 2. No person other than the holder of such Purchased Asset Mortgage Loan may declare any event of default under the Purchased Asset Mortgage Loan or accelerate any indebtedness under the Purchased Asset DocumentsMortgage Loan documents.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Bank of America Merrill Lynch Trust 2015-C25)

No Material Default; Payment Record. As of the Purchase Date, no Purchased Asset No Mortgage Loan has been more than 30 days delinquent, without giving effect to any grace or cure period, in making required payments in the prior 12 months (or since originationorigination if such Mortgage Loan has been originated within the past 12 months), and as of the Purchased Cut-off Date, no Purchased Asset Mortgage Loan is delinquent (beyond any applicable grace or cure period) in making required payments. To the Seller’s knowledge, there is (a) no, and since origination until the Purchase Date there has been no, no material default, breach, violation or event of acceleration existing under the related Purchased Asset DocumentsMortgage Loan, or (b) no event (other than payments due but not yet delinquent) which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a material default, breach, violation or event of acceleration, which default, breach, violation or event of acceleration, acceleration in the case of either clause (a) or clause (b), materially and adversely affects the value of the Purchased Asset, Mortgage Loan or the value, use or operation of the related Mortgaged Property, ; provided, however, that this Paragraph (38) representation and warranty does not cover any default, breach, violation or event of acceleration that specifically pertains to or arises out of an exception scheduled to any other representation and warranty made by the Seller in any Exception Reportthis Annex D-1. No person other than the holder of such Purchased Asset Mortgage Loan may declare any event of default under the Purchased Asset Mortgage Loan or accelerate any indebtedness under the Purchased Asset DocumentsMortgage Loan documents.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (GS Mortgage Securities Trust 2019-Gsa1)

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