Obligations of Manager. (a) The Manager shall require each seller or transferor of Mortgage Assets to the Company to make such representations and warranties regarding such Mortgage Assets as may be, in the judgment of the Manager, necessary, advisable and appropriate. In addition, the Manager shall take such other action as it deems necessary, advisable or appropriate with regard to the protection of the Company’s investments.
Obligations of Manager. Anything else in this Agreement to the contrary ---------------------- notwithstanding, the Manager shall refrain from any action which in its sole judgment made in good faith (i) would adversely affect the status of the Company and any subsidiary of the Company as a real estate investment trust as defined and limited in sections 856 through 860 of the Code, (ii) which in its sole judgment made in good faith would violate any law, rule or regula tion of any governmental body or agency having jurisdiction over the Company and such subsidiary, or (iii) which would otherwise not be permitted by the Company's or its subsidiary's Governing Instruments, except if any of such actions shall be ordered by the Board of Directors, in which event the Manager shall promptly notify the Board of Directors of the Manager's judgment that such action would adversely affect such status or violate any such law, rule or regulation or the Governing Instruments and shall refrain from taking such action pending further clarification or instructions from the Board of Directors. If the Board of Directors thereafter instructs the Manager, despite the Manager's notification as provided herein, to take any such action and the Manager so acts upon the instructions given, the Manager shall not be responsible for any loss of the Company's or its subsidiary's status as a REIT or violation of any law, rule or regulation or the Governing Instruments caused thereby.
Obligations of Manager. The Manager shall use good faith efforts to: (i) continue the Company’s existence as a limited liability company under the Laws of Delaware and of every other jurisdiction in which such existence is necessary to protect the limited liability of the Members or to enable the Company to conduct the Business; (ii) carry out the Business in accordance with the provisions of this Agreement, the Business Plan and applicable Laws; and (iii) exercise all powers and authority consistent with the Business of the Company and the terms of this Agreement.
Obligations of Manager. The Manager agrees to provide or complete, as the case may be, the following prior to the commencement of the Adviser's services as specified under this Agreement:
Obligations of Manager. (a) The Manager shall require each seller or transferor of Investment assets to the Company to make such representations and warranties regarding such assets as may, in the judgment of the Manager, be necessary and appropriate. In addition, the Manager shall take such other action as it deems necessary or appropriate with regard to the protection of the Investments.
Obligations of Manager. Manager shall, in addition to any other obligations under this Agreement:
Obligations of Manager. In addition to the obligations expressly provided by law or this Agreement, the Manager, to the extent of Company assets, shall manage the Company's business and affairs in accordance with the provisions of Section 12.3 hereof and do the following, all without remuneration except as provided for in Section 12.8:
Obligations of Manager. Manager has provided to Sub-Adviser the information and documents listed on the attached Appendix B as applicable. Throughout the term of this Agreement, Manager shall continue to provide such information and documents to Sub-Adviser, including any amendments, updates or supplements to such information or documents, before or at the time the amendments, updates or supplements become effective as they relate to the Portfolio. Manager shall timely furnish Sub-Adviser with such additional information as may be reasonably necessary for or requested by Sub-Adviser to perform its responsibilities pursuant to this Agreement.
Obligations of Manager. (a) The Manager shall require each borrower or lessee of the Company to make such representations and warranties regarding the applicable facilities financed by the Company as may be directed by the Board of Directors, or, if no such directions are given, as may, in the judgment of the Manager, be necessary and appropriate. In addition, the Manager shall take such other action as may be directed by the Board of Directors, or, if no such directions are given, as it deems necessary or appropriate with regard to the protection of the Company's assets.
Obligations of Manager. (a) The Manager shall require each seller or transferor of REIT Investments to the Company to make such representations and warranties regarding such REIT Investments as may, in the judgment of the Manager, be necessary and appropriate. In addition, the Manager shall take such other action as it deems necessary or appropriate with regard to the protection of the Company's investments.
