Affirmative Covenants and Agreements. Borrower covenants as of the date hereof and until such time as all Obligations shall be paid and performed in full, that:
Affirmative Covenants and Agreements. Borrower covenants as of the date hereof and until such time as all Obligations shall be indefeasibly paid and performed in full, that:
Affirmative Covenants and Agreements. From the date hereof, until the consummation of a Purchaser Approved Offering or the sale by Purchaser of all of its equity interests in the Company, the Company shall comply with the following:
Affirmative Covenants and Agreements. 6.1 As-Is. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE AS FOLLOWS: (A) PURCHASER IS A SOPHISTICATED PURCHASER WHO IS
6.1.1 NEITHER SELLER, SELLER’S AFFILIATES, NOR ANY OF THEIR RESPECTIVE MEMBERS, MANAGING MEMBERS, PARTNERS, SHAREHOLDERS, BROKERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ELECTED OFFICIALS, OR REPRESENTATIVES HAS MADE OR WILL MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE ECONOMIC VALUE OF THE PROPERTIES, ADEQUACY OF UTILITIES SERVING THE PROPERTIES, THE FITNESS OR SUITABILITY OF THE PROPERTIES FOR PURCHASER’S INTENDED USES OR THE PRESENT USE OF THE PROPERTIES, OR THE PHYSICAL CONDITION, OCCUPATION, OR MANAGEMENT OF THE PROPERTIES, THEIR COMPLIANCE WITH APPLICABLE STATUTES, LAWS, CODES, ORDINANCES, REGULATIONS, OR REQUIREMENTS RELATING TO OCCUPANCY, LEASING, ZONING, SUBDIVISION, STRUCTURAL MATTERS, SEISMIC MATTERS, PLUMBING, ELECTRICAL, HVAC, REMOVAL OF ARCHITECTURAL OR COMMUNICATIONS BARRIERS, PLANNING, BUILDING, FIRE SAFETY, HEALTH OR ENVIRONMENTAL MATTERS (INCLUDING THE PRESENCE OR ABSENCE OF ASBESTOS OR TOXIC OR HAZARDOUS SUBSTANCES OR MATERIALS), COMPLIANCE WITH COVENANTS, CONDITIONS, AND RESTRICTIONS (WHETHER OR NOT OF RECORD), OTHER LOCAL, MUNICIPAL, REGIONAL, STATE OR FEDERAL REQUIREMENTS OR OTHER STATUTES, LAWS, CODES, ORDINANCES, REGULATIONS, OR REQUIREMENTS.
6.1.2 SELLER EXPRESSLY DISCLAIMS AND NEGATES, AS TO THE PROPERTIES: (a) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY; (b) ANY IMPLIED OR EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; AND (c) ANY IMPLIED WARRANTY WITH RESPECT TO THE CONDITION OF THE PROPERTIES, THE PAST OR PROJECTED FINANCIAL CONDITION OF THE PROPERTIES (INCLUDING THE INCOME OR EXPENSES THEREOF), OR THE USES PERMITTED ON, THE DEVELOPMENT REQUIREMENTS FOR, OR ANY OTHER MATTER OR THING RELATING TO THE PROPERTIES.
6.1.3 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, (a) THE DOCUMENTS THAT SELLER HAS PROVIDED PURCHASER, IF ANY, IN CONNECTION WITH THIS AGREEMENT ARE ONLY THOSE WHICH ARE IN SELLER’S IMMEDIATE POSSESSION, AND SELLER IS NOT PROVIDING AND WILL NOT PROVIDE ANY DOCUMENTS, REPORTS, STUDIES, OR OTHER INFORMATION OR MATERIALS WHICH ARE NOT IN SELLER’S IMMEDIATE POSSESSION; (b) SELLER HAS NOT MADE, IS NOT MAKING, AND WILL NOT MAKE ANY REPRESENTATION, WARRANTY, OR PROMISE OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY OR COMPLETENESS OF ALL OR ANY PART OF SUCH DOCUMENTS; AND (c) ANY INACCURACY, INCOMPLETENESS, OR DEFICIENCY IN ANY...
Affirmative Covenants and Agreements. Each Borrower covenants, on behalf of itself and each other Borrower hereunder, as of the closing of the Loan and until such time as all Obligations shall be indefeasibly paid and performed in full, the following: Section 4.1
Affirmative Covenants and Agreements. Compliance with Laws; Use of Proceeds.
Affirmative Covenants and Agreements. Section 6.1 Compliance with Laws; Use of Proceeds. 15 Section 6.2 Inspections; Cooperation. 15 Section 6.3 Payment and Performance of Contractual Obligations. 15
Section 6.4 Insurance. 15 Section 6.5 Adjustment of Condemnation and Insurance Claims. 16 Section 6.6 Utilization of Net Proceeds. 17
Affirmative Covenants and Agreements. Borrower and each other Loan Party hereby covenant and agree as follows:
Affirmative Covenants and Agreements. 12 Section 4.1 Commencement and Completion of Construction. .................................................. 12 Section 4.2 Approval of Construction. ........................................................................................ 12 Section 4.3 Deposits to Balance Loan. ....................................................................................... 12 Section 4.4 Compliance with Laws; Encroachments. ................................................................. 13 DECLARATION OF MXXXXXX XXXXXXXXXX, EXHIBIT B PAGE 123 Case 2:15-cv-01350-JLR Document 357-2 Filed 06/23/16 Page 103 of 208
Affirmative Covenants and Agreements. 11 Section 5.1 Compliance with Laws; Use of Proceeds. 11 Section 5.2 Inspections; Cooperation. 11 Section 5.3 Defense of Title. 12 Section 5.4 Bond Documents; Amendments. 12 Section 5.5 Compliance with Securities Laws. 12 Section 5.6 Insurance. 12 Section 5.7 Books and Records; Financial Statements. 14 Section 5.8 Estoppel Certificates. 15 Section 5.9 Taxes; Collateral Notices. 15 Section 5.10 Lender’s Rights to Pay and Perform. 15 Section 5.11 Reimbursement; Interest. 15 Section 5.12 Notification by Borrower. 15 Section 5.13 Indemnification by Borrower. 15 Section 5.14 Fees and Expenses. 16
