Due Authorization, Execution and Delivery. (a) Borrower represents and warrants that the execution of the Loan Documents and the Indemnity Agreement have been duly authorized and there is no provision in the organizational documents of Borrower requiring further consent for such action by any other entity or person. (b) Borrower represents and warrants that it is duly organized, validly existing and is in good standing under the laws of the state of its formation and in the State, that it has all necessary licenses, authorizations, registrations, permits and/or approvals to own its properties and to carry on its business as presently conducted. (c) Borrower represents and warrants that the execution, delivery and performance of the Loan Documents will not result in Borrower's being in default under any provision of its organizational documents or of any mortgage, lease, credit or other agreement to which it is a party or which affects it or the Property. (d) Borrower represents and warrants that the Loan Documents and the Indemnity Agreement have been duly authorized, executed and delivered by Borrower and constitute valid and binding obligations of Borrower which are enforceable in accordance with their terms.
Appears in 6 contracts
Samples: Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc), Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc), Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc)
Due Authorization, Execution and Delivery. (a) Borrower represents and warrants that the execution of the Loan Documents and the Indemnity Agreement have been duly authorized and there is no provision in the organizational documents of Borrower requiring further consent for such action by any other entity or person.
(b) Borrower represents and warrants that it is duly organized, validly existing and is in good standing under the laws of the state of its formation and in the State, that it has all necessary licenses, authorizations, registrations, permits and/or approvals to own its properties and to carry on its business as presently conducted.
(c) Borrower represents and warrants that the execution, delivery and performance of the Loan Documents will not result in Borrower's ’s being in default under any provision of its organizational documents or of any mortgage, lease, credit or other agreement to which it is a party or which affects it or the Property.
(d) Borrower represents and warrants that the Loan Documents and the Indemnity Agreement have been duly authorized, executed and delivered by Borrower and constitute valid and binding obligations of Borrower which are enforceable in accordance with their terms.
Appears in 4 contracts
Samples: Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc), Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc), Mortgage, Security Agreement and Fixture Filing (Florida East Coast Industries Inc)
Due Authorization, Execution and Delivery. (a) Borrower Trustor represents and warrants that the execution of the Loan Documents and the Indemnity Agreement have been duly authorized and there is no provision in the organizational documents of Borrower Trustor requiring further consent for such action by any other entity or person.
(b) Borrower Trustor represents and warrants that it is duly organized, validly existing and is in good standing under the laws of the state of its formation and in the State, that it has all necessary licenses, authorizations, registrations, permits and/or approvals to own its properties and to carry on its business as presently conducted.
(c) Borrower Trustor represents and warrants that the execution, delivery and performance of the Loan Documents will not result in Borrower's Trustor’s being in default under any provision of its organizational documents or of any deed of trust, mortgage, lease, credit or other agreement to which it is a party or which affects it or the Property.
(d) Borrower Trustor represents and warrants that the Loan Documents and the Indemnity Agreement have been duly authorized, executed and delivered by Borrower Trustor and constitute valid and binding obligations of Borrower Trustor which are enforceable in accordance with their terms.
Appears in 2 contracts
Samples: Deed of Trust, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc), Deed of Trust, Security Agreement and Fixture Filing (Kilroy Realty, L.P.)
Due Authorization, Execution and Delivery. (a) Borrower Grantor represents and warrants that the execution of the Loan Documents and the Indemnity Agreement have been duly authorized and there is no provision in the organizational documents of Borrower Grantor requiring further consent for such action by any other entity or person.
(b) Borrower Grantor represents and warrants that it is duly organized, validly existing and is in good standing under the laws of the state of its formation and in the State, that it has all necessary licenses, authorizations, registrations, permits and/or approvals to own its properties and to carry on its business as presently conducted.
(c) Borrower Grantor represents and warrants that the execution, delivery and performance of the Loan Documents will not result in BorrowerGrantor's being in default under any provision of its organizational documents or of any deed of trust, mortgage, lease, credit or other agreement to which it is a party or which affects it or the Property.
(d) Borrower Grantor represents and warrants that the Loan Documents and the Unsecured Indemnity Agreement have been duly authorized, executed and delivered by Borrower Grantor and constitute valid and binding obligations of Borrower Grantor which are enforceable in accordance with their terms.
Appears in 2 contracts
Samples: Deed to Secure Debt, Security Agreement and Fixture Filing (Koger Equity Inc), Deed to Secure Debt and Security Agreement (Koger Equity Inc)
Due Authorization, Execution and Delivery. (a) Borrower Xxxxxxxxx represents and warrants that the execution of the Loan Documents and the Indemnity Agreement have this Mortgage has been duly authorized and there is no provision in the organizational documents of Borrower Mortgagor requiring further consent for such action by any other entity or person.
(b) Borrower Mortgagor represents and warrants that it is duly organized, validly existing and is in good standing under the laws of the state of its formation and in the Stateformation, that it has all necessary licenses, authorizations, registrations, permits and/or approvals to own its properties and to carry on its business as presently conducted.
(c) Borrower Xxxxxxxxx represents and warrants that the execution, delivery and performance of the Loan Documents this Mortgage will not result in Borrower's Xxxxxxxxx’s being in default under any provision of its organizational documents or of any deed of trust, mortgage, lease, credit or other agreement to which it is a party or which affects it or the Property.
(d) Borrower Xxxxxxxxx represents and warrants that the Loan Documents and the Indemnity Agreement have this Mortgage has been duly authorized, executed and delivered by Borrower Xxxxxxxxx and constitute valid and binding obligations of Borrower Mortgagor which are enforceable in accordance with their terms.
Appears in 1 contract
Due Authorization, Execution and Delivery. (a) Borrower represents and warrants that the execution of the Loan Documents and the Indemnity Agreement have been duly authorized and there is no provision in the organizational documents of Borrower requiring further consent for such action by any other entity or person.
(b) Borrower represents and warrants that it is duly organized, validly existing and is in good standing under the laws of the state of its formation and in the State, that it has all necessary licenses, authorizations, registrations, permits and/or approvals to own its properties and to carry on its business as presently conducted.
(c) Borrower represents and warrants that the execution, delivery and performance of the Loan Documents will not result in Borrower's Borrower being in default under any provision of its organizational documents or of any mortgage, lease, credit or other agreement to which it is a party or which affects it or the Property.
(d) Borrower represents and warrants that the Loan Documents and the Indemnity Agreement have been duly authorized, executed and delivered by Borrower and constitute valid and binding obligations of Borrower which are enforceable in accordance with their terms.
Appears in 1 contract
Samples: Mortgage, Security Agreement and Fixture Filing (Acadia Realty Trust)
Due Authorization, Execution and Delivery. (a) Borrower represents and warrants that the execution of the Loan Documents and the Indemnity Agreement have been duly authorized and there is no provision in the organizational documents of Borrower requiring further consent for such action by any other entity or person.
(b) Borrower represents and warrants that it is duly organized, validly existing and is in good standing under the laws of the state of its formation and in the State, that it has all necessary licenses, authorizations, registrations, permits and/or approvals to own its properties and to carry on its business as presently conducted.
(c) Borrower represents and warrants that the execution, delivery and performance of the Loan Documents will not result in Borrower's ’s being in default under any provision of its organizational documents or of any mortgage, lease, credit or other agreement to which it is a party or which affects it or the Property, including without limitation, the Revolver Loan (as defined in Section 10.4).
(d) Borrower represents and warrants that the Loan Documents and the Indemnity Agreement have been duly authorized, executed and delivered by Borrower and constitute valid and binding obligations of Borrower which are enforceable in accordance with their terms.
Appears in 1 contract
Samples: Mortgage, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc)
Due Authorization, Execution and Delivery. (a) Borrower represents and warrants that the execution of the Loan Documents and the Unsecured Indemnity Agreement have been duly authorized and there is no provision in the organizational documents of Borrower requiring further consent for such action by any other entity or person.
(b) Borrower represents and warrants that it is duly organized, validly existing and is in good standing under the laws of the state of its formation and in the State, that it has all necessary licenses, authorizations, registrations, permits and/or approvals to own its properties and to carry on its business as presently conducted.
(c) Borrower represents and warrants that the execution, delivery and performance of the Loan Documents will not result in Borrower's ’s being in default under any provision of its organizational documents or of any mortgage, lease, credit or other agreement to which it is a party or which affects it or the Property.
(d) Borrower represents and warrants that the Loan Documents and the Unsecured Indemnity Agreement have been duly authorized, executed and delivered by Borrower and constitute valid and binding obligations of Borrower which are enforceable in accordance with their terms.
Appears in 1 contract
Samples: Mortgage, Security Agreement and Fixture Filing (Wells Real Estate Investment Trust Inc)
Due Authorization, Execution and Delivery. (a) Borrower represents and warrants that the execution of the Loan Documents and the Indemnity Agreement have been duly authorized and there is no provision in the organizational documents of Borrower requiring further consent for such action by any other entity or person.
(b) Borrower represents and warrants that it is duly organized, validly existing and is in good standing under the laws of the state of its formation and in the State, that it has all necessary licenses, authorizations, registrations, permits and/or approvals to own its properties and to carry on its business as presently conducted.
(c) Borrower represents and warrants that the execution, delivery and performance of the Loan Documents will not result in Borrower's ’s being in default under any provision of its organizational documents or of any Mortgage, mortgage, lease, credit or other agreement to which it is a party or which affects it or the Property.
(d) Borrower represents and warrants that the Loan Documents and the Indemnity Agreement have been duly authorized, executed and delivered by Borrower and constitute valid and binding obligations of Borrower which are enforceable in accordance with their terms.
Appears in 1 contract
Samples: Mortgage, Security Agreement and Fixture Filing (Strategic Hotels & Resorts, Inc)