Common use of No Material Default Clause in Contracts

No Material Default. (A) To the Seller's knowledge, there exists no material default, breach or event of acceleration under the related Mortgage or Mortgage Note, and (B) the Seller has not received actual notice of any event (other than payments due but not yet delinquent) that, with the passage of time or with notice and the expiration of any grace or cure period, would constitute such a material default, breach or event of acceleration; provided, however, that this representation and warranty does not cover any default, breach or event of acceleration that specifically pertains to any matter otherwise covered or addressed by any other representation and warranty made by the Seller herein.

Appears in 50 contracts

Samples: Mortgage Loan Purchase Agreement (Gmac Commercial Mortgage Securities Inc), Mortgage Loan Purchase Agreement (Gmac Commercial Mortgage Securities Inc), Mortgage Loan Purchase Agreement (Gmac Commercial Mortgage Securities Inc)

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No Material Default. (A) To the Seller's knowledge, there exists no material default, breach breach, violation or event of acceleration under the related Mortgage or Mortgage Note, (and (B) the Seller has not received actual notice of any no event (other than payments due but not yet delinquent) thatwhich, with the passage of time or with notice and the expiration giving of any grace notice, or cure periodboth, would constitute any of the foregoing) under the documents evidencing or securing the Mortgage Loan, in any such a material default, breach or event case to the extent the same materially and adversely affects the value of accelerationthe Mortgage Loan and the related Mortgaged Property; provided, however, that this representation and warranty does not address or otherwise cover any default, breach breach, violation or event of acceleration that specifically pertains to any matter otherwise covered or addressed by any other representation and warranty made by the Seller hereinelsewhere in this Exhibit 2 or the exceptions listed in Schedule A attached hereto.

Appears in 45 contracts

Samples: Tiaa Mortgage Loan Purchase Agreement (TIAA Seasoned Commercial Mortgage Trust 2007-C4), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Trust 2006-Hq10), Pooling and Servicing Agreement (Morgan Stanley Capital I Trust 2007-Hq12)

No Material Default. (A) To the Seller's knowledge, there exists (A) no material default, breach or event of acceleration under the related Mortgage or Mortgage Note, and (B) the Seller has not received actual notice of any no event (other than payments due but not yet delinquent) that, with the passage of time or with notice and the expiration of any grace or cure period, would constitute such a material default, breach or event of acceleration; provided, however, that this representation and warranty does not cover any default, breach or event of acceleration that specifically pertains to any matter otherwise covered or addressed by any other representation and warranty made by the Seller hereintherein.

Appears in 4 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Inc), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Inc), Mortgage Loan Purchase Agreement (Morgan Stanley Capital I Inc)

No Material Default. (A) To There exists, to the Seller's knowledge, there exists no material default, breach or event of acceleration under the related Mortgage or Mortgage Note, and (B) the Seller has not received actual notice of any event (other than payments due but not yet delinquent) that, with the passage of time or with notice and the expiration of any grace or cure period, would constitute such a material default, breach or event of acceleration; provided, however, that this representation and warranty does not cover any default, breach or event of acceleration that specifically pertains to any matter otherwise covered or addressed by any other representation and warranty made by the Seller herein.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Gmac Commercial Mortgage Securities Inc)

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No Material Default. (A) To the Seller's knowledge, there exists no material default, breach or event of acceleration under the related Mortgage or Mortgage Mortgage, Note, Assignment of Leases and Rents, security agreement or guaranty and (B) the Seller has not received actual notice of any event (other than payments due but not yet delinquent) that, with the passage of time or with notice and the expiration of any grace or cure period, would constitute such a material default, breach or event of acceleration; provided, however, that this representation and warranty does not cover any default, breach or event of acceleration that specifically pertains to any matter otherwise covered or addressed by any other representation and warranty made by the Seller herein.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Mortgage & Asset Receiving Corp Series 2000-C1)

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