Collateral Pool Properties. 7.1.8.1. Borrower, as a whole, shall be in compliance with the Sublimits set forth in Section 2.6.1 at such times as expressly required in this Agreement; and
Collateral Pool Properties. Exhibits G and H hereto contain a complete and accurate list of Hotel Properties in the Secured Collateral Pool and in the Negative Collateral Pool as of the Closing Date, and as supplemented from time to time. With respect to each such Collateral Pool Property, the Borrower hereby represents and warrants as follows except to the extent disclosed in writing to the Lenders and approved by the Required Lenders (which approval shall not be unreasonably withheld):
Collateral Pool Properties. Except as set forth in Schedule 3.19 or as set forth in the written engineer reports provided to Administrative Agent (and forwarded to the Lenders) on or before the date hereof or in connection with the inclusion of any applicable Collateral Pool Property, all of the Collateral Pool Properties, and all major building systems located thereon, are structurally sound, in reasonably good condition and working order and free from material defects (other than latent defects), subject to ordinary wear and tear, except for such portion of such Real Estate which is not occupied by any tenant and which may not be in final working order pending final build-out of such space and except where such defects DB3/ 204690278.10 have not had and would not reasonably be expected to have a Material Adverse Effect. To the knowledge of the Loan Parties on the date any Real Estate becomes a Collateral Pool Property each of the Collateral Pool Properties, and the use and operation thereof, is in compliance with all applicable federal and state law and governmental regulations and any local ordinances, orders or regulations, including without limitation, laws, regulations and ordinances relating to zoning, building codes, subdivision, fire protection, health, safety, handicapped access, historic preservation and protection, wetlands, tidelands, and Environmental Laws except in cases where such non-compliance would not have a Material Adverse Effect. All water, sewer, electric, gas, telephone and other utilities necessary for the use and operation of the Collateral Pool Property are installed to the property lines of the Collateral Pool Property through dedicated public rights of way or through perpetual private easements with respect to which the applicable Mortgage creates a valid and enforceable first lien subject to Permitted Encumbrances and, except in the case of drainage facilities, are connected to the Building located thereon with valid permits and are adequate to service the Building in compliance with applicable law, and except where the failure of any of the foregoing would not reasonably be expected to have a Material Adverse Effect. There are no unpaid or outstanding real estate or other taxes or assessments on or against any of the Collateral Pool Properties which are payable by the Parent, the Borrower or a Subsidiary Guarantor (except only real estate or other taxes or assessments, that are not yet delinquent or are being protested as permitted by this Agreement). ...
Collateral Pool Properties. 88 SECTION 3.20..... Mortgages.................................................................................... 89
Collateral Pool Properties. As of the Agreement Date, Schedule 6.1(y) is a correct and complete list of all Collateral Pool Properties. Each of the Collateral Pool Properties included by the Borrower in calculations of the Collateral Pool Value satisfies all of the requirements contained in this Agreement for the same to be included therein.
Collateral Pool Properties. With respect to the Collateral Pool Properties which are part of the Collateral Pool on the Closing Date, the Borrower shall have delivered all documents and information required hereunder for inclusion of such Collateral Pool Property into the Collateral Pool and the Banks shall have approved the inclusion therein.
Collateral Pool Properties. 59 ARTICLE VII COVENANTS...........................................................................................61
Collateral Pool Properties. Each Collateral Pool Property is fully constructed and has received all final certificates of occupancy.
Collateral Pool Properties. (a) Schedule 4.3(a) contains a correct and complete list of all Collateral Pool Properties as of the Closing Date, including applicable ownership information.
Collateral Pool Properties. Without limiting the further covenants contained in the Security Documents, at all times the Borrower shall use commercially reasonable efforts to cause each other Loan Party or the applicable tenant, to:
