Common use of Certificate; No Default Clause in Contracts

Certificate; No Default. With each of the financial reports required to be furnished under this Section, a certificate of the Borrower’s chief executive officer, chief financial officer, or managing member in the form attached hereto as Exhibit C, stating that (a) no Event of Default has occurred and is continuing and no event or circumstance which would constitute an Event of Default, but for the requirement that notice be given, time elapse or otherwise, has occurred and is continuing, or, if such an Event of Default or such event or circumstance has occurred and is continuing, a statement as to the nature thereof and the action which the Borrower has taken or proposes to take with respect thereto, that (b) no action, suit or proceeding by Borrower or against Borrower at law or in equity, or before any Governmental Authority, is pending or, to the knowledge of Borrower threatened, which, if adversely determined, would materially impair the right or ability of the Borrower to carry on its business or would materially impair the right or ability of the Borrower to perform its obligations under the Loan Documents or would materially and adversely affect its business, operations, properties, assets or condition, and that (c) no material adverse change has occurred with respect to the Borrower or its business or financial condition, all as of the date of such certificate, except as disclosed in such certificate.

Certificate; No Default. With each of the financial reports statements required to be furnished under pursuant to this Section, a certificate of the Borrower’s Company's chief executive officer, chief financial officer, treasurer, assistant treasurer or managing member in the form attached hereto as Exhibit C, other authorized officer stating that (a) no Event of Default has occurred and is continuing and no event or circumstance which would constitute an Event of Default, but for the requirement that notice be given, given or time elapse or otherwiseboth, has occurred and is continuing, or, if such an Event of Default or such event or circumstance has occurred and is continuing, a statement as to the nature thereof and the action which the Borrower has taken or Company proposes to take with respect thereto, that and (b) no action, suit or proceeding by Borrower the Company or against Borrower the Company at law or in equity, or before any Governmental Authoritygovernmental instrumentality or agency, is pending or, to the knowledge best of Borrower the Company's knowledge, threatened, which, if adversely determined, would materially impair the right or ability of the Borrower Company to carry on its the business which is contemplated in connection with the Project or would materially impair the right or ability of the Borrower Company to perform its obligations under the transactions contemplated by the Loan Documents or Senior Note Documents, or would materially and adversely affect its the Company's business, operations, properties, assets or condition, and that (c) no material adverse change has occurred with respect to the Borrower or its business or financial condition, all as of the date of such certificate, except as disclosed in such certificate.

Certificate; No Default. With each of the financial reports required to be furnished under this Section, a certificate of the Borrower’s chief executive officer, chief financial officer, or managing member in the form attached hereto as Exhibit C, stating that (a) no Event of Default has occurred and is continuing and no event or circumstance which would constitute an Event of Default, but for the requirement that notice be given, time elapse or otherwise, has occurred and is continuing, or, if such an Event of Default or such event or circumstance has occurred and is continuing, a statement as to the nature thereof and the action which the Borrower has taken or proposes to take with respect thereto, that (b) no action, suit or proceeding by Borrower it or against Borrower it at law or in equity, or before any Governmental Authority, is pending or, to the knowledge of Borrower threatened, which, if adversely determined, would materially impair the right or ability of the Borrower to carry on its business or would materially impair the right or ability of the Borrower to perform its it obligations under the Loan Documents or would materially and adversely affect its business, operations, properties, assets or condition, and that (c) no material adverse change has occurred with respect to the Borrower or its business business, operations, properties, assets or financial condition, all as of the date of such certificate, except as disclosed in such certificate.

Certificate; No Default. With each of the financial reports required to be furnished under this Section, a certificate of the Borrower’s chief executive officer, chief financial officer, authorized representative or managing member in independent certified public accountant of each of the form attached hereto as Exhibit C, Borrowers stating that (a) no Event event of Default default under any of the financial obligations of the Borrowers has occurred and is continuing and no event or circumstance which would could constitute such an Event event of Defaultdefault, but for the requirement that notice be given, given or time elapse or otherwiseboth, has occurred and is continuing, or, if such an Event event of Default default or such event or circumstance has occurred and is continuing, a statement as to the nature thereof and the action which the Borrower has taken or proposes Borrowers propose to take with respect thereto, and that (b) no action, suit or proceeding by either Borrower or against either Borrower at law or in equity, or before any Governmental Authoritygovernmental instrumentality or agency, is pending or, to the knowledge of Borrower or threatened, which, if adversely determined, would which is likely to materially impair the right or ability of the such Borrower to carry on its the business which is contemplated in connection with the Project or would materially impair the right or ability of the such Borrower to perform its obligations under the transactions contemplated by this Loan Documents Agreement or would materially and adversely affect its such Borrower’s business, operations, properties, assets or condition, and that (c) no material adverse change has occurred with respect to the Borrower or its business or financial condition, all as of the date of such certificate, except as disclosed in such certificate.

Certificate; No Default. With each of the financial reports required to be furnished under this Section, a certificate of the Borrower’s Sublessee's chief executive officer, officer or chief financial officer, or managing member in the form attached hereto as Exhibit C, officer stating that (a) no Event of Default under the Sublease has occurred and is continuing and no event or circumstance which would constitute an Event of DefaultDefault under the Sublease, but for the requirement that notice be given, given or time elapse or otherwiseboth, has occurred and is continuing, or, if such an Event of Default under the Sublease or such event or circumstance has occurred and is continuing, a statement as to the nature thereof and the action which the Borrower has taken or Sublessee proposes to take with respect thereto, and that (b) no action, suit or proceeding by Borrower it or against Borrower it at law or in equity, or before any Governmental Authoritygovernmental instrumentality or agency, is pending or, to the knowledge of Borrower or threatened, which, if adversely determined, would materially impair the right or ability of the Borrower Sublessee to carry on its the business which is contemplated in connection with the Project or would materially impair the right or ability of the Borrower Sublessee to perform its obligations under the Loan Documents transactions contemplated by this Lease or would materially and adversely affect its business, operations, properties, assets or condition, and that (c) no material adverse change has occurred with respect to the Borrower or its business or financial condition, all as of the date of such certificate, except as disclosed in such certificate.