01Representations and Warranties. The representations and warranties made by Borrower to Lender in this Section 6.01 are made as of the Effective Date and are true and correct except as disclosed on the Exceptions to Representations and Warranties Schedule.
01Representations and Warranties. Each Stockholder, severally and not jointly, represents and warrants to the Company and each other Stockholder that:
01Representations and Warranties. The representations and warranties of the Purchaser contained in Article III shall be true and correct at and as of the Closing Dates as though then made.
01Representations and Warranties. The representations and warranties made by Borrower to Lender in this Section 10.01 are made as of the Effective Date and are true and correct except as disclosed on the Exceptions to Representations and Warranties Schedule. Prior Condemnation Action. No part of the Mortgaged Property has been taken in connection with a Condemnation Action. Pending Condemnation Actions. No Condemnation Action is pending or, to Borrower’s knowledge, is threatened for the partial or total condemnation or taking of the Mortgaged Property.
01Representations and Warranties. Each Borrower represents and warrants to the Administrative Agent and the Lenders as follows:
01Representations and Warranties. To induce the Lender to make the Loans, each Borrower, jointly and severally, represents and warrants to the Lender as follows:
01Representations and Warranties. Seller hereby makes to Purchaser all of Seller’s representations and warranties set forth in Exhibit A hereto and in the Guides. Unless the applicable representation or warranty expressly provides otherwise, Seller makes the representations and warranties set forth in (i) Exhibit A-1 as of the date of this Agreement and remakes them as of each Funding Date and (ii) Exhibit A-2 as of the Funding Date relating to the applicable Mortgage Loan.
01Representations and Warranties. The Borrower represents and warrants that: (a) its representations and warranties contained in Article IV of the Credit Agreement and its representations and warranties contained in the Security Instruments, the Guaranties, and each of the other Loan Documents to which it is a party are true and correct in all material respects on and as of the Effective Date, as though made on and as of such date, except those representations and warranties that speak of a certain date, which representations and warranties were true and correct as of such date; (b) no Default has occurred and is continuing; (c) the execution, delivery and performance of this Agreement are within the corporate power and authority of the Borrower and have been duly authorized by appropriate corporate action and proceedings; (d) this Agreement constitutes the legal, valid, and binding obligation of the Borrower enforceable in accordance with its terms, except as limited by applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws affecting the rights of creditors generally and general principles of equity; (e) there are no governmental or other third party consents, licenses and approvals required in connection with the execution, delivery, performance, validity and enforceability of this Agreement; and (f) the Liens under the Security Instruments are valid and subsisting and secure the Borrower's obligations under the Loan Documents.
01Representations and Warranties. The representations and warranties made by Borrower to Lender in this Section 12.01 are made as of the Effective Date and are true and correct except as disclosed on the Exceptions to Representations and Warranties Schedule. Payment of Taxes, Assessments, and Other Charges. Borrower has: paid (or with the approval of Lender, established an escrow fund sufficient to pay when due and payable) all amounts and charges relating to the Mortgaged Property that have become due and payable before any fine, penalty interest, lien, or costs may be added thereto, including Impositions, leasehold payments, and ground rents; paid all Taxes for the Mortgaged Property that have become due before any fine, penalty interest, lien, or costs may be added thereto pursuant to any notice of assessment received by Borrower and any and all taxes that have become due against Borrower before any fine, penalty interest, lien, or costs may be added thereto; no knowledge of any basis for any additional assessments; no knowledge of any presently pending special assessments against all or any part of the Mortgaged Property, or any presently pending special assessments against Borrower; and not received any written notice of any contemplated special assessment against the Mortgaged Property, or any contemplated special assessment against Borrower.
01Representations and Warranties. The representations and warranties made by Borrower to Lender in this Section 7.01 are made as of the Effective Date and are true and correct except as disclosed on the Exceptions to Representations and Warranties Schedule. Prior Assignment of Rents. Xxxxxxxx has not executed any: prior assignment of Rents (other than an assignment of Rents securing prior indebtedness that has been paid off and discharged or will be paid off and discharged with the proceeds of the Mortgage Loan); or instrument which would prevent Lender from exercising its rights under this Loan Agreement or the Security Instrument. Prepaid Rents. Xxxxxxxx has not accepted, and does not expect to receive prepayment of, any Rents for more than two (2) months prior to the due dates of such Rents.
