Common use of Non-Recourse Exceptions Clause in Contracts

Non-Recourse Exceptions. The related Mortgage Loan documents contain provisions providing for recourse against the related Mortgagor, a principal of such Mortgagor or an entity controlled by a principal of such Mortgagor, or a natural person, for damages sustained in connection with the Mortgagor’s (i) fraud, (ii) intentional misrepresentation, (iii) misappropriation or misapplication of rents or amounts due lender, insurance proceeds or condemnation proceeds, (iv) voluntary bankruptcy, (v) failure to obtain prior consent to any encumbrance of the pledged equity under the Mezzanine Loan Documents and (vi) willful misconduct resulting in waste of a Property. The related Mortgage Loan documents contain provisions pursuant to which the related Mortgagor, a principal of such Mortgagor or an entity controlled by a principal of such Mortgagor, or a natural person, has agreed to indemnify the mortgagee for damages resulting from violations of any applicable environmental covenants.

Appears in 2 contracts

Samples: Bailee Agreement (Capital Trust Inc), Master Repurchase Agreement (Capital Trust Inc)

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Non-Recourse Exceptions. The related Mortgage Loan documents contain provisions providing for recourse against the related Mortgagor, a principal of such Mortgagor or an entity controlled by a principal of such Mortgagor, or a natural person, for damages sustained in connection with the Mortgagor’s 's (i) fraud, (ii) intentional misrepresentation, (iii) misappropriation or misapplication of rents or amounts due lender, insurance proceeds or condemnation proceeds, (iv) voluntary bankruptcy, (v) failure to obtain prior consent to any encumbrance of the pledged equity under the Mezzanine Loan Documents and (vi) willful misconduct resulting in waste of a Property. The related Mortgage Loan documents contain provisions pursuant to which the related Mortgagor, a principal of such Mortgagor or an entity controlled by a principal of such Mortgagor, or a natural person, has agreed to indemnify the mortgagee for damages resulting from violations of any applicable environmental covenants.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Winthrop Realty Trust), Master Repurchase Agreement (Capital Trust Inc)

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Non-Recourse Exceptions. The related Mortgage Mezzanine Loan documents contain provisions providing for recourse against the related Pledgor or Mortgagor, a principal of such Mortgagor pledgor or an entity controlled by a principal of such Mortgagorpledgor, or a natural person, for damages sustained in connection with the Mortgagorpledgor’s (i) fraud, (ii) intentional misrepresentation, (iii) misappropriation or misapplication of rents or amounts due lender, insurance proceeds or condemnation proceeds, (iv) voluntary bankruptcy, (v) failure to obtain prior consent to any encumbrance of the pledged equity under the Mezzanine Loan Documents and Documents, (vi) willful misconduct resulting in waste of a Mortgaged Property. The related Mortgage Mezzanine Loan documents Documents contain provisions pursuant to which the related Mortgagorpledgor, a principal of such Mortgagor pledgor or an entity controlled by a principal of such Mortgagorpledgor, or a natural person, has agreed to indemnify the mortgagee pledgee for damages resulting from violations of any applicable environmental covenants.

Appears in 1 contract

Samples: Master Repurchase Agreement (American Mortgage Acceptance Co)

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