CERTAIN REPRESENTATIONS, WARRANTIES AND COVENANTS. Subject to the terms of the Loan Agreement, Assignor represents, warrants and covenants to Assignee that: (a) The payment of the Rents to accrue under any Lease will not be waived, released, reduced, discounted or otherwise discharged or compromised by Assignor; (b) Assignor has not performed, and will not perform, any acts, and has not executed, and will not execute, any instrument that would prevent Assignee from exercising its rights under this Assignment; and (c) Assignor hereby authorizes and directs any tenant under any of the Leases and any successor to all or any part of the interests of any such tenant to pay directly to the Clearing Account, in accordance with the terms of the Loan Agreement, the Rents due and to become due under such tenant's Lease, and such authorization and direction shall be sufficient warrant to the tenant to make future payments of Rents directly to the Clearing Account in accordance with the terms of the Loan Agreement without the necessity for further consent by Assignor.
Appears in 5 contracts
Samples: Assignment of Leases and Rents (Behringer Harvard Reit I Inc), Assignment of Leases and Rents (Behringer Harvard Reit I Inc), Assignment of Leases and Rents (Behringer Harvard Reit I Inc)
CERTAIN REPRESENTATIONS, WARRANTIES AND COVENANTS. Subject to the terms of the Loan Agreement, Assignor represents, warrants and covenants to Assignee that:
(a) The payment of the Rents to accrue under any Lease will not be waived, released, reduced, discounted or otherwise discharged or compromised by Assignor;
(b) Assignor has not performed, and will not perform, any acts, and has not executed, and will not execute, any instrument that would prevent Assignee from exercising its rights under this Assignment; and
(c) Assignor hereby authorizes and directs any tenant under any of the Leases and any successor to all or any part of the interests of any such tenant to pay directly to the Clearing Account, in accordance with the terms of the Loan Agreement, the Rents due and to become due under such tenant's ’s Lease, and such authorization and direction shall be sufficient warrant to the tenant to make future payments of Rents directly to the Clearing Account in accordance with the terms of the Loan Agreement without the necessity for further consent by Assignor.
Appears in 2 contracts
Samples: Assignment of Leases and Rents (Behringer Harvard Reit I Inc), Assignment of Leases and Rents (Behringer Harvard Reit I Inc)
CERTAIN REPRESENTATIONS, WARRANTIES AND COVENANTS. Subject to the terms of the Loan Agreement, Assignor represents, warrants and covenants to Assignee that:
(a) The payment of the Rents to accrue under any Lease will not be waived, released, reduced, discounted or otherwise discharged or compromised by Assignor;
(b) Assignor has not performed, and will not perform, any acts, and has not executed, and will not execute, any instrument that would prevent Assignee from exercising its rights under this Assignment; and
(c) Assignor hereby authorizes and directs any tenant under any of the Leases and any successor to all or any part of the interests of any such tenant to pay directly to the applicable Clearing Account, in accordance with the terms of the Loan Agreement, the Rents due and to become due under such tenant's Lease, and such authorization and direction shall be sufficient warrant to the tenant to make future payments of Rents directly to the Clearing Account in accordance with the terms of the Loan Agreement without the necessity for further consent by Assignor.
Appears in 1 contract
Samples: Assignment of Leases and Rents (Behringer Harvard Reit I Inc)