Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s knowledge, there are no claims for payment for work, labor or materials affecting the Properties which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 10 contracts
Samples: Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s knowledge, there are no claims for payment for work, labor or materials affecting the Properties which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 7 contracts
Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)
Construction Expenses. All To Borrower’s actual knowledge, all costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s actual knowledge, there are no claims for payment for work, labor or materials affecting the Properties Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 6 contracts
Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s knowledgeknowledge after due inquiry, there are no claims for payment for work, labor or materials affecting the Properties Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 5 contracts
Samples: Loan Agreement (AmREIT, Inc.), Loan Agreement (Glimcher Realty Trust), Loan Agreement (Acadia Realty Trust)
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction construction, maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s knowledgeknowledge after due inquiry, there are no claims for payment for work, labor or materials affecting the Properties Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 4 contracts
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s knowledge's knowledge after due inquiry, there are no claims for payment for work, labor or materials affecting the Properties Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 4 contracts
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in fullfull or will be paid in the ordinary course of business. To Borrower’s knowledge's knowledge after due inquiry, there are no claims for payment for work, labor or materials affecting the Properties Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 3 contracts
Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in fullfull or will be paid in the ordinary course of business. To Borrower’s knowledgeknowledge after due inquiry, there are no claims for payment for work, labor or materials affecting the Properties Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 3 contracts
Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction construction, maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s knowledge's knowledge after due inquiry, there are no claims for payment for work, labor or materials affecting the Properties Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 3 contracts
Samples: Loan Agreement (MVP REIT II, Inc.), Loan Agreement (MVP REIT, Inc.), Loan Agreement (Acadia Realty Trust)
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s knowledgeBorrowers’ knowledge after due inquiry, there are no claims for payment for work, labor or materials affecting the Properties any Individual Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 2 contracts
Samples: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in fullfull or will be paid in full when due. To Borrower’s knowledgeknowledge after due inquiry, there are no claims for payment for work, labor or materials affecting the Properties which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 2 contracts
Samples: Loan Agreement (Capital Lodging), Mezzanine Loan Agreement (Capital Lodging)
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s knowledge, there are no claims for payment for work, labor or materials affecting the Properties Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 2 contracts
Samples: Loan Agreement (American Assets Trust, Inc.), Loan Agreement (CNL Income Properties Inc)
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s knowledge's knowledge after due inquiry, there are no claims for payment for work, labor or materials affecting the Properties Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 1 contract
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s knowledge, there are no claims for payment for work, labor or materials affecting the Properties which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or and the Mortgage Loan Documents.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s knowledge's knowledge after due inquiry, and except as indicated in Schedule 4.29 attached hereto, there are no claims for payment for work, labor or materials affecting the Properties Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 1 contract
Samples: Loan Agreement (Ashworth Inc)
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment incurred by Borrower and used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s knowledgeknowledge after due inquiry, there are no claims for payment for work, labor or materials affecting the Properties Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 1 contract
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s knowledge, except as set forth on Schedule 4.29 hereto, there are no claims for payment for work, labor or materials affecting the Properties which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 1 contract
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s knowledgeknowledge after due inquiry, there are no claims for payment for work, labor or materials affecting the Properties any Individual Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 1 contract
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To each of Borrower’s knowledgeand Affiliated Lessee’s knowledge after due inquiry, there are no claims for payment for work, labor or materials affecting the Properties any Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 1 contract
Samples: Loan Agreement (RFS Partnership Lp)
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in full. To Borrower’s knowledgeknowledge after due inquiry, there are no claims for payment for work, labor or materials affecting the Individual Properties which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 1 contract
Samples: Term Loan Agreement (Developers Diversified Realty Corp)
Construction Expenses. All Except as set forth in the Disclosure Schedule, all costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have have-been paid in full. To Borrower’s knowledge, there are no claims for payment for work, labor or materials affecting the Properties Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 1 contract
Construction Expenses. All costs and expenses of any and all labor, materials, supplies and equipment used in the construction maintenance or repair of the Improvements (which are currently due and payable) have been paid in fullfull to the extent the same is due and payable. To the best of Borrower’s knowledge's knowledge and except as set forth in the Title Insurance Policy, there are no outstanding claims for payment for work, labor or materials affecting the Properties Property which are or may become a lien prior to, or of equal priority with, the Liens created by the Loan Documents or the Mortgage Loan Documents.
Appears in 1 contract