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Even though loans in CMBS pools are non-recourse, the sponsors of the borrowing entities may become personally liable for fraud, misrepresentation, misappropriation of funds, unapproved
Even though loans in CMBS pools are non-recourse, the sponsors of the borrowing entities may become personally liable for fraud, misrepresentation, misappropriation of funds, unapproved property transfers, the filing of voluntary bankruptcy, etc. These provisions contained in the mortgage loan documents that turfier recourse are referred to as...
A) Subordination and Non-compliance Clause
B) "Non-recourse carve-outs" or "Bad boy Provisions"
C) Reverse Exculpatory Provisions
D) Prevarication, Dissembling and False Provisions
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