Deemed Representations. Each request by Borrower for, and acceptance by Borrower of, an advance of proceeds of the Loans shall constitute a representation and warranty by Borrower that, as of both the date of such request and the date of the advance (1) no Default or Event of Default has occurred and is continuing, and (2) if any representation or warranty contained in this Agreement or the other Loan Documents is untrue or incorrect, the condition giving rise to such untruthfulness or incorrectness is not likely to result in a Material Adverse Change.
Appears in 4 contracts
Samples: Revolving Loan Agreement (Taubman Realty Group LTD Partnership), Loan Agreement (Taubman Realty Group LTD Partnership), Loan Agreement (Taubman Centers Inc)
Deemed Representations. Each request by Borrower for, and acceptance by Borrower of, an advance of proceeds of the Loans shall constitute a representation and warranty by Borrower that, as of both the date of such request and the date of the advance (1) no Default or Event of Default has occurred and is continuing, continuing and (2) if any each representation or warranty contained in this Agreement or the other Loan Documents is untrue or incorrect, the condition giving rise to such untruthfulness or incorrectness is not likely to result true and correct in a Material Adverse Changeall material respects.
Appears in 3 contracts
Samples: Revolving Loan Agreement (Bay Apartment Communities Inc), Revolving Loan Agreement (Avalon Bay Communities Inc), Revolving Loan Agreement (Bay Apartment Communities Inc)
Deemed Representations. Each request by Borrower for, and acceptance by Borrower of, an advance of proceeds of the Loans shall constitute a representation and warranty by Borrower that, as of both the date of such request and the date of the such advance (1) no Default or Event of Default has occurred and is continuing, continuing or would result from the making of such advance and (2) if any each representation or warranty contained in this Agreement or the other Loan Documents is untrue or incorrect, the condition giving rise to such untruthfulness or incorrectness is not likely to result true and correct in a Material Adverse Changeall material respects.
Appears in 3 contracts
Samples: Term Loan Agreement (Avalonbay Communities Inc), Term Loan Agreement (Avalonbay Communities Inc), Term Loan Agreement (Avalonbay Communities Inc)
Deemed Representations. Each request by Borrower for, and acceptance by Borrower of, an advance of proceeds of the Loans shall constitute a representation and warranty by Borrower and General Partner that, as of both the date of such request and the date of the advance (1) no Default or Event of Default has occurred and is continuing, and (2) if any each representation or warranty contained in this Agreement or the other Loan Documents is untrue or incorrect, the condition giving rise to such untruthfulness or incorrectness is not likely to result in a Material Adverse Changetrue and correct.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Vornado Realty Trust), Revolving Credit Agreement (Vornado Realty Lp)
Deemed Representations. Each request by Borrower for, and acceptance by Borrower of, an advance of proceeds of the Loans shall constitute a representation and warranty by Borrower Borrower, Guarantor and the Other Mortgagor that, as of both the date of such request and the date of the advance (1and taking into account the advance), (i) no Default or Event of Default has occurred and is continuing, continuing and (2ii) if any each representation or warranty contained in this Agreement or the other Loan Documents is untrue or incorrect, the condition giving rise to such untruthfulness or incorrectness is not likely to result true and correct in a Material Adverse Changeall material respects.
Appears in 1 contract
Samples: Secured Loan Agreement (Crescent Real Estate Equities Co)
Deemed Representations. Each request by Borrower for, and acceptance by Borrower of, an advance of proceeds of the Loans shall constitute a representation and warranty by Borrower that, as of both the date of such request and the date of the advance (1) no Default or Event of Default has occurred and is continuing, continuing or would result from the making of the advance and (2) if any each representation or warranty contained in this Agreement or the other Loan Documents is untrue or incorrect, the condition giving rise to such untruthfulness or incorrectness is not likely to result true and correct in a Material Adverse Changeall material respects.
Appears in 1 contract
Samples: Revolving Loan Agreement (Avalonbay Communities Inc)
Deemed Representations. Each request by Borrower for, and ---------------------- acceptance by Borrower of, an advance of proceeds of the Loans shall constitute a representation and warranty by Borrower and each Mortgagor that, as of both the date of such request and the date of the advance (1) no Default or Event of Default has occurred and is continuing, continuing and (2) if any representation or warranty contained in this Agreement or the other Loan Documents is untrue or incorrect, the condition giving rise to such untruthfulness or incorrectness is not likely to result in a Material Adverse Change.
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Taubman Centers Inc)
Deemed Representations. Each request by Borrower for, and ----------------------- acceptance by Borrower of, an advance of proceeds of the Loans shall constitute a representation and warranty by Borrower that, and Guarantor that as of both the date of such request and the date of the advance (1i) no Default or Event of Default has occurred and is continuing, continuing and (2ii) if any representation or warranty contained in this Agreement or the other Loan Documents is untrue or incorrect, the condition giving rise to such untruthfulness or incorrectness is not likely to result in a Material Adverse Change.
Appears in 1 contract
Samples: Loan Agreement (Taubman Centers Inc)
Deemed Representations. Each request by Borrower for, and acceptance by Borrower of, an advance of proceeds of the Loans shall constitute a representation and warranty by Borrower that, as of both the date of such request and the date of the advance (1) no Default or Event of Default has occurred and is continuing, continuing and (2) if any representation or warranty contained in this Agreement or the other Loan Documents is untrue or incorrect, the condition giving rise to such untruthfulness or incorrectness is not likely to result in a Material Adverse Change.
Appears in 1 contract
Samples: Revolving Credit Agreement (Taubman Realty Group LTD Partnership)
Deemed Representations. Each request by Borrower for, and acceptance by Borrower of, an advance of proceeds of the Loans shall constitute a representation and warranty by Borrower and Guarantor that, as of both the date of such request and the date of the advance (1) no Default or Event of Default has occurred and is continuing, and (2) if any each representation or warranty contained in this Agreement or the other Loan Documents is untrue or incorrect, the condition giving rise to such untruthfulness or incorrectness is not likely to result in a Material Adverse Changetrue and correct.
Appears in 1 contract
Samples: Revolving Credit Agreement (First Washington Realty Trust Inc)