Common use of Buyer’s Representations, Warranties and Covenants Clause in Contracts

Buyer’s Representations, Warranties and Covenants. Buyer hereby represents and warrants to Seller, which representations and warranties shall be true and correct as of the Effective Date and as of the date of the Close of Escrow, and, subject to Section 31 hereof, shall survive the Close of Escrow, as follows: a. Buyer is a corporation duly organized, validly existing and in good standing under California law. Subject to Section 39 below, Buyer has the legal power, right and authority to enter into this Agreement and the instruments to be executed by Buyer pursuant to this Agreement and to consummate the transactions contemplated hereby. b. Subject to Section 39 below, all requisite action has been taken by Buyer in connection with Buyer’s execution of this Agreement (but not approval of the Property), the instruments to be executed by Buyer pursuant to this Agreement, and the consummation of the transactions contemplated hereby. c. Subject to Section 39 below, the individuals executing this Agreement and the instruments to be executed by Buyer pursuant to this Agreement on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions of this Agreement and such instruments. d. Neither the execution and delivery of this Agreement and the documents referenced herein, nor the undertaking of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement or the documents referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party. Buyer’s representations and warranties set forth in this Section 7 constitute the sole representations and warranties of Buyer regarding Buyer.

Buyer’s Representations, Warranties and Covenants. Buyer hereby represents and warrants to Seller, which representations and warranties shall be true and correct as of the Effective Date and as of the date of the Close of Escrow, and, subject to Section 31 hereof, shall survive the Close of Escrow, as follows: a. Buyer is a corporation limited partnership, duly organized, validly existing and in good standing under California lawDelaware law and is qualified to conduct business in the State of California. Subject to Section 39 below, Buyer has the legal power, right and authority to enter into this Agreement and the instruments to be executed by Buyer pursuant to this Agreement and to consummate the transactions contemplated hereby. b. Subject to Section 39 below, all All requisite action has been taken by Buyer in connection with Buyer’s execution of this Agreement (but not approval of the Property)Agreement, the instruments to be executed by Buyer pursuant to this Agreement, and the consummation of the transactions contemplated hereby. c. Subject to Section 39 below, the The individuals executing this Agreement and the instruments to be executed by Buyer pursuant to this Agreement on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions of this Agreement and such instruments. d. Neither the execution and delivery of this Agreement and the documents referenced herein, nor the undertaking of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement or the documents referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party. Buyer’s representations and warranties set forth in this Section 7 constitute the sole representations and warranties of Buyer regarding Buyer.

Buyer’s Representations, Warranties and Covenants. Buyer hereby represents and warrants to Seller, which representations and warranties shall be true and correct as of the Effective Date and as of the date of the Close of Escrow, and, subject to Section 31 hereof, shall survive the Close of Escrow, as follows: a. Buyer is a corporation duly organized, validly existing and in good standing under California lawFlorida law and is qualified to conduct business in the State of California. Subject to Section 39 below, Buyer has the legal power, right and authority to enter into this Agreement and the instruments to be executed by Buyer pursuant to this Agreement and to consummate the transactions contemplated hereby. b. Subject to Section 39 below, all All requisite action has been taken by Buyer in connection with Buyer’s execution of this Agreement (but not approval Agreement, and as of the Property)April 8, 2011, the instruments to be executed by Buyer pursuant to this Agreement, and the consummation of the transactions contemplated hereby. c. Subject to Section 39 below, the The individuals executing this Agreement and the instruments to be executed by Buyer pursuant to this Agreement on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions of this Agreement and such instruments. d. Neither the execution and delivery of this Agreement and the documents referenced herein, nor the undertaking of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement or the documents referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party. Buyer’s representations and warranties set forth in this Section 7 constitute the sole representations and warranties of Buyer regarding Buyer.

Buyer’s Representations, Warranties and Covenants. Buyer hereby represents and warrants to Seller, which representations and warranties shall be true and correct as of the Effective Date of this Agreement and as of the date of the Close of Escrow, and, subject to Section 31 33 hereof, shall survive the Close of Escrow, as follows: a. Buyer is a corporation duly organized, validly existing and in good standing under California law. Subject to Section 39 below, Buyer has the legal power, right and authority to enter into this Agreement and the instruments to be executed by Buyer pursuant to this Agreement and to consummate the transactions contemplated hereby. No consent of any third party is required in order for Buyer to perform its obligations hereunder. b. Subject to Section 39 below, all All requisite action has been taken by Buyer in connection with Buyer’s execution of this Agreement (but not approval of the Property), and the instruments to be executed by Buyer pursuant to this Agreement, Agreement and the consummation of the transactions contemplated hereby. c. Subject to Section 39 below, the The individuals executing this Agreement and the instruments to be executed by Buyer pursuant to this Agreement on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions of this Agreement and such instruments. d. Neither the execution and delivery of this Agreement and the documents referenced herein, nor the undertaking of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement or and the documents referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party. Buyer’s representations and warranties set forth in this Section 7 constitute the sole representations and warranties of Buyer regarding Buyer.

Buyer’s Representations, Warranties and Covenants. In addition to any express agreements of Buyer hereby represents and warrants to Sellercontained here, which the following constitute representations and warranties shall be true and correct as of the Effective Date and as of the date of the Close of Escrow, and, subject Buyer to Section 31 hereof, shall survive the Close of Escrow, as followsSeller: a. Buyer is a corporation duly organized, validly existing and in good standing under California law. Subject to Section 39 below, 15.1 Buyer has the legal power, right right, and authority to enter into this Agreement and the instruments referred to be executed by Buyer pursuant to this Agreement here and to consummate the transactions contemplated herebyhere. b. Subject to Section 39 below, all 15.2 All requisite action (corporate, trust, partnership, or otherwise) has been taken by Buyer in connection with Buyer’s execution of entering into this Agreement (but not approval of the Property), and the instruments referred to be executed by Buyer pursuant to this Agreement, here and the consummation of the transactions contemplated herebyhere. No further consent of any partner, shareholder, creditor, investor, judicial or administrative body, governmental authority, or other party is required. c. Subject to Section 39 below, the individuals 15.3 The persons executing this Agreement and the instruments referred to be executed by Buyer pursuant to this Agreement here on behalf of Buyer have the legal power, right right, and actual authority to bind Buyer to the terms and conditions of this Agreement. 15.4 This Agreement and such instrumentsall documents required by it to be executed by Buyer are and shall be valid, legally binding obligations of, and enforceable against Buyer in accordance with their terms. d. 15.5 Neither the execution and delivery of this Agreement and the documents referenced hereinreferred to here, nor the undertaking incurring of the obligations set forth hereinhere, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement or and the documents referenced herein conflict referred to here conflicts with or result results in the material breach of any terms, conditions conditions, or provisions of, of or constitute a default under, under any bond, note note, or other evidence of indebtedness indebtedness, or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease lease, or other agreement agreements or instrument instruments to which Buyer is a party. 15.6 Buyer shall pay when due, all payments required of Buyer under the terms of this Agreement. Buyer shall perform any term, condition, and provision of this Agreement in a timely manner with time being of the essence. Buyer’s representations and warranties 's failure to perform under this Agreement shall constitute a default giving rise to the remedies set forth in Section 22.2.2 of this Section 7 constitute Agreement. 15.7 Buyer shall construct the sole representations and warranties of Buyer regarding Buyer.multi-family units to a high standard using building materials from the material list attached hereto as Exhibit H.

Buyer’s Representations, Warranties and Covenants. Buyer hereby represents represents, warrants and warrants covenants to Seller, which representations and warranties shall be true and correct as of the Effective Date and as of the date of the Close of Escrow, and, subject to Section 31 hereof, and which shall survive the Close of EscrowEscrow for a period of six (6) months, as follows: a. Buyer is a corporation duly organized, validly existing and in good standing under California law. Subject to Section 39 below, Buyer has the legal power, right and authority to enter into this Agreement and the instruments to be executed by Buyer pursuant to this Agreement and to consummate the transactions contemplated hereby. b. Subject to Section 39 below, all All requisite action has been taken by Buyer in connection with Buyer’s execution of this Agreement (but not approval of the Property)Agreement, the instruments to be executed by Buyer pursuant to this Agreement, and the consummation of the transactions contemplated hereby. c. Subject to Section 39 below, the The individuals executing this Agreement and the instruments to be executed by Buyer pursuant to this Agreement on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions of this Agreement and such instruments. d. Neither the execution and delivery of this Agreement and the documents referenced herein, nor the undertaking of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the terms of this Agreement or and the documents referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, partnership agreement, lease or other agreement or instrument to which Buyer is a party. Buyer’s representations and warranties set forth in this Section 7 constitute the sole representations and warranties of Buyer regarding Buyer.