Common use of No Material Defaults Clause in Contracts

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller as of the Closing Date, no event 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 under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller in this Exhibit B or (B) with respect to which: (1) the Seller has no actual knowledge as of the Closing Date and (2) written notice of the discovery thereof is not delivered to the Seller by the Trustee or the Master Servicer on or prior to the date occurring twelve months after the Closing Date. Neither the Seller nor any prior holder of such Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Seller from whom the Seller has taken the related Mortgage Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

Appears in 9 contracts

Sources: Mortgage Loan Purchase Agreement (LB-UBS Commercial Mortgage Trust 2007-C7), Mortgage Loan Purchase Agreement (LB-UBS Commercial Mortgage Trust 2005-C1), Mortgage Loan Purchase Agreement (Lb-Ubs Commercial Mortgage Trust 2006-C4)

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller Depositor as of the Closing Date, no event 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 under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller Depositor in this Exhibit B Schedule II or (B) with respect to which: (1) neither the Depositor nor the applicable ▇▇▇▇▇▇ Mortgage Loan Seller has no any actual knowledge as of the Closing Date Date; and (2) written notice of the discovery thereof is not delivered to the Seller Depositor by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither None of the Depositor, the applicable ▇▇▇▇▇▇ Mortgage Loan Seller nor or any prior holder of such Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Depositor or the applicable ▇▇▇▇▇▇ Mortgage Loan Seller from whom the Depositor or the applicable ▇▇▇▇▇▇ Mortgage Loan Seller has taken the related Mortgage Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2007-C7), Pooling and Servicing Agreement (LB Commercial Mortgage Trust 2007-C3), Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2006-C7)

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller Depositor as of the Closing Date, no event 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 under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller Depositor in this Exhibit B Schedule II or (B) with respect to which: (1) neither the Depositor nor the applicable ▇▇▇▇▇▇ Mortgage Loan Seller has no any actual knowledge as of the Closing Date and (2) written notice of the discovery thereof is not delivered to the Seller Depositor by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither None of the Depositor, the applicable ▇▇▇▇▇▇ Mortgage Loan Seller nor or any prior holder of such Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Depositor or the applicable ▇▇▇▇▇▇ Mortgage Loan Seller from whom the Depositor or the applicable ▇▇▇▇▇▇ Mortgage Loan Seller has taken the related Mortgage Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2005-C7), Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2005-C1), Pooling and Servicing Agreement (Lb-Ubs Commercial Mortgage Trust 2006-C4)

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller as of Depositor and the Closing Date▇▇▇▇▇▇ Mortgage Loan Seller, no event 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 under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller Depositor in this Exhibit B Schedule II or (B) with respect to which: (1) neither the Depositor nor the applicable ▇▇▇▇▇▇ Mortgage Loan Seller has no any actual knowledge as of the Closing Date and (2) written notice of the discovery thereof is not delivered to the ▇▇▇▇▇▇ Mortgage Loan Seller by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither the Seller Depositor nor any prior holder of such the applicable ▇▇▇▇▇▇ Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Seller from whom the Seller has taken the related Mortgage Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Lb-Ubs Commercial Mortgage Trust 2006-C3), Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2008-C1), Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2004-C7)

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such the Mortgage Loan, and (B), to the knowledge of the Seller as of the Closing Date, no event 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 under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller in this Exhibit B or (B) with respect to which: (1) the Seller has no actual knowledge as of the Closing Date and (2) written notice of the discovery thereof is not delivered to the Seller by the Trustee or the Master Servicer on or prior to the date occurring twelve months after the Closing Date. Neither the Seller nor any prior holder of such the Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Seller from whom the Seller has taken the related Mortgage Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such the Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such the Mortgage Loan.

Appears in 2 contracts

Sources: Mortgage Loan Purchase Agreement (LB-UBS Commercial Mortgage Trust 2007-C2), Mortgage Loan Purchase Agreement (LB-UBS Commercial Mortgage Trust 2007-C2)

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller Depositor as of the Closing Date, no event 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 under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller Depositor in this Exhibit B Schedule II or (B) with respect to which: (1) neither the Depositor nor the applicable Lehman Mortgage Loan Seller has no any actual knowledge as of the Closing Date Date; and (2) written notice of the discovery thereof is not delivered to the Seller Depositor by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither None of the Depositor, the applicable Lehman Mortgage Loan Seller nor or any prior holder of such o▇ ▇▇▇▇ Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Depositor or the applicable Lehman Mortgage Loan Seller from whom the Deposit▇▇ ▇▇ the applicable Lehman Mortgage Loan Seller has taken the related Mortgage ▇▇▇▇▇age Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2007-C6)

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller Depositor as of the Closing Date, no event 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 under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller Depositor in this Exhibit B Schedule II or (B) with respect to which: (1) neither the Depositor nor the applicable Lehman Mortgage Loan Seller has no any actual knowledge as of the Closing Date ▇▇▇▇▇ng Date; and (2) written notice of the discovery thereof is not delivered to the Seller Depositor by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither None of the Depositor, the applicable Lehman Mortgage Loan Seller nor or any prior holder of such Mortgage Loan Mortga▇▇ ▇▇▇n (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Depositor or the applicable Lehman Mortgage Loan Seller from whom the Depositor or the app▇▇▇▇▇▇e Lehman Mortgage Loan Seller has taken the related Mortgage Note and Not▇ ▇▇▇ Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2006-C7)

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller Depositor as of the Closing Date, no event 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 under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller Depositor in this Exhibit B Schedule II or (B) with respect to which: (1) neither the Depositor nor the applicable Lehman Mortgage Loan Seller has no any actual knowledge as of the Closing th▇ ▇▇▇▇ing Date and (2) written notice of the discovery thereof is not delivered to the Seller Depositor by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither None of the Depositor, the applicable Lehman Mortgage Loan Seller nor or any prior holder of such Mortgage Loan Mortg▇▇▇ ▇▇an (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Depositor or the applicable Lehman Mortgage Loan Seller from whom the Depositor or the ap▇▇▇▇▇▇le Lehman Mortgage Loan Seller has taken the related Mortgage Note and No▇▇ ▇▇▇ Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Lb-Ubs Commercial Mortgage Trust 2006-C4)

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller as of the Closing Date, no event 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 under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller in this Exhibit B or (B) with respect to which: (1) the Seller has no actual knowledge as of the Closing Date and (2) written notice of the discovery thereof is not delivered to the Seller by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither the Seller nor any prior holder of such Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Seller from whom the Seller has taken the related Mortgage Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

Appears in 1 contract

Sources: Mortgage Loan Purchase Agreement (LB-UBS Commercial Mortgage Trust 2007-C6)

No Material Defaults. Other than payments due but not yet 30 days or more delinquent, there is (A) no material default, breach, violation or event of acceleration existing under the related Mortgage Note, the related Mortgage or other loan documents relating to such Mortgage Loan, and (B), to the knowledge of the Seller Depositor as of the Closing Date, no event 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 under any of such documents; provided, however, that this representation and warranty does not cover any default, breach, violation or event of acceleration (A) that specifically pertains to or arises out of the subject matter otherwise covered by any other representation and warranty made by the Seller Depositor in this Exhibit B Schedule II or (B) with respect to which: (1) neither the Seller Depositor nor the applicable Lehman Mortgage Loan ▇▇▇▇▇r has no any actual knowledge as of the Closing Date Date; and (2) written notice of the discovery thereof is not delivered to the Seller Depositor by the Trustee or the Master Servicer on or prior to the date occurring twelve 12 months after the Closing Date. Neither None of the Seller nor Depositor, the applicable Lehman Mortgage Loan ▇▇▇▇▇r or any prior holder of such Mortgage Loan (other than, with respect to a related Mortgaged Property located in New York and Florida, a prior holder unaffiliated with the Seller Depositor or the applicable Lehman Mortgage Loan ▇▇▇▇▇r from whom the Seller Depositor or the applicable Lehman Mortgage Loan ▇▇▇▇▇r has taken the related Mortgage Note and Mortgage by assignment and has amended and restated such Mortgage Note and Mortgage) has waived, in writing or with knowledge, any material default, breach, violation or event of acceleration under any of such documents. Under the terms of such Mortgage Loan, no person or party other than the mortgagee or its servicing agent may declare an event of default or accelerate the related indebtedness under such Mortgage Loan.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (LB-UBS Commercial Mortgage Trust 2007-C2)