Common use of Embargoed Person Clause in Contracts

Embargoed Person. To the best of Borrower's knowledge, as of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower and Borrower Principal constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower or Borrower Principal, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by Lender is in violation of law ("EMBARGOED PERSON"); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower or Borrower Principal, as applicable, with the result that the investment in Borrower or Borrower Principal, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower or Borrower Principal, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower or Borrower Principal, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc), Mezzanine Loan Agreement (Maguire Properties Inc)

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Embargoed Person. To the best of Borrower's knowledge, as of the date hereof and at At all times throughout the term of the Loan, including after giving effect to any transfers of interests Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower and Borrower Principal any Borrower, Operating Lessee or any Guarantor shall constitute property of, or are shall be beneficially owned, directly or indirectly, by any person, entity or government Person subject to trade restrictions under U.S. United States law, including including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder thereunder, with the result that the investment in Borrower any Borrower, Operating Lessee or Borrower Principalany Guarantor, as applicable (whether directly or indirectly), is would be prohibited by law (each, an “Embargoed Person”), or the Loan made by Lender is would be in violation of law ("EMBARGOED PERSON"); law, (b) no Embargoed Person has shall have any interest of any nature whatsoever in Borrower any Borrower, Operating Lessee or Borrower Principalany Guarantor, as applicable, with the result that the investment in Borrower any Borrower, Operating Lessee or Borrower Principalany Guarantor, as applicable (whether directly or indirectly), is would be prohibited by law or the Loan is would be in violation of law; , and (c) none of the funds of Borrower any Borrower, Operating Lessee or Borrower Principalany Guarantor, as applicable, have been shall be derived from any unlawful activity with the result that the investment in Borrower any Borrower, Operating Lessee or Borrower Principalany Guarantor, as applicable (whether directly or indirectly), is would be prohibited by law or the Loan is would be in violation of law.

Appears in 4 contracts

Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)

Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower Borrower, Principal, Operating Tenant and Borrower Principal Guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder (“Embargoed Person”) with the result that the investment in Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by the Lender is in violation of law ("EMBARGOED PERSON")law; (b) no Embargoed Person has any interest of any nature whatsoever in Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable, with the result that the investment in Borrower Borrower, Principal, Operating Tenant or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) to Borrower’s knowledge, none of the funds of Borrower Borrower, Principal, Operating Tenant or Borrower PrincipalGuarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower Borrower, Principal, Operating Tenant or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 4 contracts

Samples: Loan Agreement (Meristar Hospitality Corp), Loan Agreement (Meristar Hospitality Corp), Loan Agreement (Meristar Hospitality Operating Partnership Lp)

Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower and Borrower Principal constitute Borrower, SPC Party or any Guarantor constitutes property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower Borrower, SPC Party or Borrower Principal, as applicable any Guarantor (whether directly or indirectly), is prohibited by law or the Loan made by the Lender is in violation of law ("EMBARGOED PERSON"); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower Borrower, SPC Party or Borrower Principal, as applicable, any Guarantor with the result that the investment in Borrower Borrower, SPC Party or Borrower Principal, as applicable any Guarantor (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower Borrower, SPC Party or Borrower Principalany Guarantor (whether directly or indirectly), as applicable, have has been derived from any unlawful activity with the result that the investment in Borrower Borrower, SPC Party or Borrower Principal, as applicable any Guarantor (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 3 contracts

Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)

Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower Borrower, Operating Lessee and Borrower Principal Guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower Borrower, Operating Lessee or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by the Lender is in violation of law ("EMBARGOED PERSON"“Embargoed Person”); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower Borrower, Operating Lessee or Borrower PrincipalGuarantor, as applicable, with the result that the investment in Borrower Borrower, Operating Lessee or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower Borrower, Operating Lessee or Borrower PrincipalGuarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower Borrower, Operating Lessee or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 3 contracts

Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)

Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower and Borrower Principal constitute Borrower, SPC Party or any Guarantor constitutes property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower Borrower, SPC Party or Borrower Principal, as applicable any Guarantor (whether directly or indirectly), is prohibited by law or the Loan made by the Lender is in violation of law ("EMBARGOED PERSON"“Embargoed Person”); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower Borrower, SPC Party or Borrower Principal, as applicable, any Guarantor with the result that the investment in Borrower Borrower, SPC Party or Borrower Principal, as applicable any Guarantor (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower Borrower, SPC Party or Borrower Principalany Guarantor (whether directly or indirectly), as applicable, have has been derived from any unlawful activity with the result that the investment in Borrower Borrower, SPC Party or Borrower Principal, as applicable any Guarantor (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 3 contracts

Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)

Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower Borrower, Principal, Indemnitor and Borrower Principal Guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower Borrower, Principal, Indemnitor or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by Lender is in violation of law ("EMBARGOED PERSON"“Embargoed Person”); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower Borrower, Principal, Indemnitor or Borrower PrincipalGuarantor, as applicable, with the result that the investment in Borrower Borrower, Principal, Indemnitor or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower Borrower, Principal, Indemnitor or Borrower PrincipalGuarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower Borrower, Principal, Indemnitor or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 3 contracts

Samples: Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp)

Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower and Borrower Principal constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower or Borrower Principal, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by Lender is in violation of law ("EMBARGOED PERSON"); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower or Borrower Principal, as applicable, with the result that the investment in Borrower or Borrower Principal, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower or Borrower Principal, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower or Borrower Principal, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law. Notwithstanding anything to the contrary set forth in this Section 4.39, neither Borrower nor Borrower Principal is making any such representation or warranty with respect to any shareholder of SCI.

Appears in 2 contracts

Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)

Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof Closing Date and at all times throughout the term of the Loan, including after giving effect to any transfers of interests Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower, Principal, Mortgage Borrower and Borrower Principal Guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower, Principal, Mortgage Borrower or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by the Lender is in violation of law ("EMBARGOED PERSON"“Embargoed Person”); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower, Principal, Mortgage Borrower or Borrower PrincipalGuarantor, as applicable, with the result that the investment in Borrower, Principal, Mortgage Borrower or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower, Principal, Mortgage Borrower or Borrower PrincipalGuarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower, Principal, Mortgage Borrower or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 2 contracts

Samples: Mezzanine a Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine a Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Embargoed Person. To the best of Borrower's ’s knowledge, as of the date hereof and at all times throughout the term of the LoanLoans, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower and Borrower Principal or of any of its Subsidiaries constitute (or will constitute) property of, or are (or will be) beneficially owned, directly or indirectly, by any person, entity Person or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in the respective party (whether directly or indirectly) is prohibited by applicable law or the Loans made by Lenders are in violation of applicable law (“Embargoed Person”); (b) no Embargoed Person has (or will have) any interest of any nature whatsoever in Borrower or Borrower Principalin its Subsidiaries, as applicable with the result that the investment in the respective party (whether directly or indirectly), is prohibited by applicable law or the Loan made by Lender is Loans are in violation of law ("EMBARGOED PERSON"); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower or Borrower Principal, as applicable, with the result that the investment in Borrower or Borrower Principal, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower or Borrower Principal, as applicable, of its Subsidiaries have been (or will be) derived from any unlawful activity with the result that the investment in Borrower or Borrower Principal, as applicable the respective party (whether directly or indirectly), is prohibited by applicable law or the Loan is Loans are in violation of applicable law.

Appears in 2 contracts

Samples: Venture Loan and Security Agreement (Inotek Pharmaceuticals Corp), Venture Loan and Security Agreement (Inotek Pharmaceuticals Corp)

Embargoed Person. To the best of Borrower's knowledge, as of the date hereof and at At all times throughout the term of the LoanNotes, including after giving effect to any transfers of interests Transfers permitted pursuant to the Loan Financing Documents, (a) none of the funds or other assets of Borrower and Borrower any Issuer, Principal or Guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower any Issuer, Principal or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan made issuance of the Notes by Lender Issuers or the purchase of the Notes by Initial Purchaser or Initial Noteholder is in violation of law ("EMBARGOED PERSON"“Embargoed Person”); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower any Issuer, Principal or Borrower PrincipalGuarantor, as applicable, with the result that the investment in Borrower any Issuer, Principal or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan issuance of the Notes by Issuers or the purchase of the Notes by Initial Purchaser or Initial Noteholder is in violation of law; and (c) none of the funds of Borrower any Issuer, Principal or Borrower Principal, as applicable, Guarantor have been derived from any unlawful activity by any Issuer, Principal or Guarantor with the result that the investment in Borrower any Issuer, Principal or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan issuance of the Notes by Issuers or the purchase of the Notes by Initial Purchaser or Initial Noteholder is in violation of law.

Appears in 2 contracts

Samples: Note Indenture (Kerzner International LTD), Note Indenture (Kerzner International LTD)

Embargoed Person. To the best of Borrower's knowledge, as of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, (a) none None of the funds or other assets of any Borrower and Borrower Principal or any Guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections U.S.C.(S)(S) 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq.. , and any Executive Orders or regulations promulgated thereunder with the result that the investment in any Borrower or Borrower Principalany Guarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by the Lender is in violation of law ("EMBARGOED PERSONEmbargoed Person"); (b) no Embargoed Person has any interest of any nature whatsoever in any Borrower or Borrower Principal, as applicable, with the result that the investment in Borrower or Borrower Principalany Guarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of any Borrower or Borrower Principalany Guarantor, as applicable, have been derived from any unlawful activity with the result that the investment in any Borrower or Borrower Principalany Guarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 2 contracts

Samples: Loan Agreement (Ventas Inc), Mezzanine Loan Agreement (Ventas Inc)

Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower and Borrower Principal Guarantor constitute or will constitute property of, or are or will be beneficially owned, directly or indirectly, by any person, entity or government (excluding the limited partners of Guarantor) subject to trade restrictions under U.S. law, including including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections ss.ss. 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et 0 xx seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by the Lender is in violation of law ("EMBARGOED PERSONEmbargoed Person"); (b) no Embargoed Person (excluding the limited partners of Guarantor) has or will have any interest of any nature whatsoever in Borrower or Borrower PrincipalGuarantor, as applicable, with the result that the investment in Borrower or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower or Borrower PrincipalGuarantor (excluding the limited partners of Guarantor), as applicable, have been or will be derived from any unlawful activity with the result that the investment in Borrower or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 2 contracts

Samples: Loan Agreement (Glimcher Realty Trust), Loan Agreement (Glimcher Realty Trust)

Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof Closing Date and at all times throughout the term of the Loan, including after giving effect to any transfers of interests Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower Borrower, Principal, and Borrower Principal Guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by the Lender is in violation of law ("EMBARGOED PERSON"“Embargoed Person”); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable, with the result that the investment in Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 1 contract

Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower and Borrower Borrower, any Owner Party, Principal or any Guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder thereunder, with the result that the investment in Borrower Borrower, such Owner Party, Principal or Borrower Principalsuch Guarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by the Lender is in violation of law ("EMBARGOED PERSON"“Embargoed Person”); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower Borrower, any Owner Party, Principal or Borrower Principalany Guarantor, as applicable, with the result that the investment in Borrower Borrower, such Owner Party, Principal or Borrower Principalsuch Guarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower Borrower, any Owner Party, Principal or Borrower Principalany Guarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower Borrower, such Owner Party, Principal or Borrower Principalsuch Guarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 1 contract

Samples: Senior Loan Agreement (Hyatt Hotels Corp)

Embargoed Person. To the best of Borrower's knowledge, as of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower and Borrower Principal constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections U.S.C.Sections 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower or Borrower Principal, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by Lender is in violation of law ("EMBARGOED PERSON"); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower or Borrower Principal, as applicable, with the result that the investment in Borrower or Borrower Principal, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower or Borrower Principal, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower or Borrower Principal, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 1 contract

Samples: Senior Mezzanine Loan Agreement (Maguire Properties Inc)

Embargoed Person. To the best of Borrower's knowledge, as of the date hereof and at At all times throughout the term of the Loan, including after giving effect to any transfers of interests Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower Borrower, Principal, Operating Lessee and Borrower Principal Guarantor constitute property of, or are beneficially owned, directly or or, to their respective knowledge, indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower Borrower, Principal, Operating Lessee or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by the Lender is in violation of law ("EMBARGOED PERSON"“Embargoed Person”); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower Borrower, Principal, Operating Lessee or Borrower PrincipalGuarantor, as applicable, with the result that the investment in Borrower Borrower, Principal, Operating Lessee or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower Borrower, Principal, Operating Lessee or Borrower PrincipalGuarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower Borrower, Principal, Operating Lessee or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

Embargoed Person. To the best of Borrower's Seller’s knowledge, as of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower Mortgagor, principal and Borrower Principal any guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower borrower, principal or Borrower Principalguarantor, as applicable (whether directly or indirectly), is prohibited by law or the Mortgage Loan or Underlying Asset made by Lender the mortgage lender is in violation of law ("EMBARGOED PERSON"“Embargoed Person”); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower Mortgagor, principal or Borrower Principalguarantor, as applicable, with the result that the investment in Borrower Mortgagor, principal or Borrower Principalguarantor, as applicable (whether directly or indirectly), is prohibited by law or the Mortgage Loan or Underlying Asset is in violation of law; and (c) none of the funds of Borrower Mortgagor, principal or Borrower Principalguarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower Mortgagor, principal or Borrower Principalguarantor, as applicable (whether directly or indirectly), is prohibited by law or the Mortgage Loan or Underlying Asset is in violation of law.

Appears in 1 contract

Samples: Master Repurchase Agreement (American Mortgage Acceptance Co)

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Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower Borrower, Principal, and Borrower Principal Guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by the Lender is in violation of law ("EMBARGOED PERSON"“Embargoed Person”); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable, with the result that the investment in Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 1 contract

Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower and Borrower, Borrower Principal or Affiliated Lessee constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower, Borrower Principal or Borrower PrincipalAffiliated Lessee, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by Lender is in violation of law ("EMBARGOED PERSON"“Embargoed Person”); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower, Borrower Principal or Borrower PrincipalAffiliated Lessee, as applicable, with the result that the investment in Borrower, Borrower Principal or Borrower PrincipalAffiliated Lessee, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower, Borrower Principal or Borrower PrincipalAffiliated Lessee, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower, Borrower Principal or Borrower PrincipalAffiliated Lessee, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 1 contract

Samples: Loan Agreement (RFS Partnership Lp)

Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower, Principal, Mortgage Borrower and Borrower Principal Guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower, Principal, Mortgage Borrower or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by the Lender is in violation of law ("EMBARGOED PERSON"“Embargoed Person”); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower, Principal, Mortgage Borrower or Borrower PrincipalGuarantor, as applicable, with the result that the investment in Borrower, Principal, Mortgage Borrower or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower, Principal, Mortgage Borrower or Borrower PrincipalGuarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower, Principal, Mortgage Borrower or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 1 contract

Samples: Mezzanine a Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Embargoed Person. To the best of Borrower's knowledge, as of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower and Borrower Principal constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections SectionSection 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower or Borrower Principal, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by Lender is in violation of law ("EMBARGOED PERSON"); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower or Borrower Principal, as applicable, with the result that the investment in Borrower or Borrower Principal, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower or Borrower Principal, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower or Borrower Principal, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 1 contract

Samples: Junior Mezzanine Loan Agreement (Maguire Properties Inc)

Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests Transfers permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower Borrower, Principal and Borrower Principal Guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by the Lender is in violation of law ("EMBARGOED PERSON"“Embargoed Person”); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable, with the result that the investment in Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower Borrower, Principal, or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 1 contract

Samples: Loan Agreement (Republic Property Trust)

Embargoed Person. To the best of the Borrower's ’s knowledge, as of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests permitted pursuant to the Loan Documentshereto, (a) none of the funds or other assets of the Borrower and Borrower Principal the Guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in the Borrower or Borrower Principalthe Guarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan made by the Lender is in violation of law ("EMBARGOED PERSON"an “Embargoed Person”); (b) no Embargoed Person has any interest of any nature whatsoever in the Borrower or Borrower Principalthe Guarantor, as applicable, with the result that the investment in the Borrower or Borrower Principalthe Guarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law; and (c) none of the funds of the Borrower or Borrower Principalthe Guarantor, as applicable, have been derived from any unlawful activity with the result that the investment in the Borrower or Borrower Principalthe Guarantor, as applicable (whether directly or indirectly), is prohibited by law or the Loan is in violation of law.

Appears in 1 contract

Samples: Loan Agreement (HappyNest REIT, Inc.)

Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of any Borrower and Borrower Principal Party constitute (or will constitute) property of, or are (or will be) beneficially owned, directly or indirectly, by any person, entity Person or government that is the subject to trade restrictions of economic sanctions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The the Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that transactions involving or the investment in any such Borrower or Borrower Principal, as applicable Party (whether directly or indirectly), ) is prohibited by applicable law or the Loan made by Lender is in violation of applicable law ("EMBARGOED PERSON"“Embargoed Person”); (b) no Embargoed Person has (or will have) any interest of any nature whatsoever in any Borrower or Borrower Principal, as applicableParty, with the result that transactions involving or the investment in any such Borrower or Borrower Principal, as applicable Party (whether directly or indirectly), is prohibited by applicable law or the Loan is in violation of applicable law; and (c) none of the funds of any Borrower or Borrower Principal, as applicable, Party have been (or will be) derived from any unlawful activity with the result that transactions involving or the investment in any such Borrower or Borrower Principal, as applicable Party (whether directly or indirectly), is prohibited by applicable law or the Loan is in violation of applicable law. Any violation of the foregoing shall, at Lender’s option, constitute an Event of Default hereunder. The foregoing representations shall be deemed not to apply to any indirect interests in Borrower held by Persons as shares of stock on a nationally recognized stock exchange.

Appears in 1 contract

Samples: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.)

Embargoed Person. To the best of Borrower's knowledge, as of the date hereof and at all times throughout the term of the Loan, including after giving effect With respect to any transfers of interests permitted pursuant to the Loan Documentseach Underlying Asset, (a) none of the funds or other assets of Borrower Mortgagor, Mezzanine borrower, Principal and Borrower Principal Guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections ss.ss. 1701 et seq., The Trading Traxxxx with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower Mortgagor, Principal or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Mortgage Loan or Underlying Asset made by the Lender is in violation of law ("EMBARGOED PERSONEmbargoed Person"); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower Mortgagor, Mezzanine borrower, Principal or Borrower PrincipalGuarantor, as applicable, with the result that the investment in Borrower Mortgagor, Mezzanine borrower, Principal or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Mortgage Loan or Underlying Asset is in violation of law; and (c) none of the funds of Borrower Mortgagor, Mezzanine borrower, Principal or Borrower PrincipalGuarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower Mortgagor, Mezzanine borrower, Principal or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Mortgage Loan or Underlying Asset is in violation of law.

Appears in 1 contract

Samples: Master Repurchase Agreement (Winthrop Realty Trust)

Embargoed Person. To the best of Borrower's knowledge, as As of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower and Borrower Principal or Guarantors constitute property of, or to Borrower’s knowledge, are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower or Borrower Principal, as applicable Guarantors (whether directly or indirectly), is prohibited by law Legal Requirements or the Loan made by Lender is in violation of law Legal Requirements ("EMBARGOED PERSON"“Embargoed Person”); (b) to Borrower’s knowledge, no Embargoed Person has any interest of any nature whatsoever in Borrower or Borrower Principal, as applicable, Guarantors with the result that the investment in Borrower or Borrower Principal, as applicable Guarantors (whether directly or indirectly), is prohibited by law Legal Requirements or the Loan is in violation of lawLegal Requirements; and (c) to Borrower’s knowledge, none of the funds of Borrower or Borrower Principal, as applicable, Guarantors have been derived from any unlawful activity with the result that the investment in Borrower or Borrower Principal, as applicable Guarantors (whether directly or indirectly), is prohibited by law Legal Requirements or the Loan is in violation of lawLegal Requirements.

Appears in 1 contract

Samples: Loan Agreement (Pacific Oak Strategic Opportunity REIT II, Inc.)

Embargoed Person. To the best of BorrowerSeller's knowledge, as of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower Mortgagor, Mezzanine Borrower, Principal and Borrower Principal Guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections Section 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower Borrower, Principal or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Mortgage Loan or Purchased Loan made by the Lender is in violation of law ("EMBARGOED PERSONEmbargoed Person"); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower Mortgagor, Mezzanine Borrower, Principal or Borrower PrincipalGuarantor, as applicable, with the result that the investment in Borrower Mortgagor, Mezzanine Borrower, Principal or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Mortgage Loan or Purchased Loan is in violation of law; and (c) none of the funds of Borrower Mortgagor, Mezzanine Borrower, Principal or Borrower PrincipalGuarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower Mortgagor, Mezzanine Borrower, Principal or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Mortgage Loan or Purchased Loan is in violation of law.

Appears in 1 contract

Samples: Master Repurchase Agreement (Capital Trust Inc)

Embargoed Person. To the best of BorrowerSeller's knowledge, as of the date hereof and at all times throughout the term of the Loan, including after giving effect to any transfers of interests permitted pursuant to the Loan Documents, (a) none of the funds or other assets of Borrower Mortgagor, Mezzanine Borrower, Principal and Borrower Principal Guarantor constitute property of, or are beneficially owned, directly or indirectly, by any person, entity or government subject to trade restrictions under U.S. law, including but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. Sections Section 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Orders or regulations promulgated thereunder with the result that the investment in Borrower Borrower, Principal or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Mortgage Loan or Mezzanine Loan made by the Lender is in violation of law ("EMBARGOED PERSONEmbargoed Person"); (b) no Embargoed Person has any interest of any nature whatsoever in Borrower Mortgagor, Mezzanine Borrower, Principal or Borrower PrincipalGuarantor, as applicable, with the result that the investment in Borrower Mortgagor, Mezzanine Borrower, Principal or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Mortgage Loan or Mezzanine Loan is in violation of law; and (c) none of the funds of Borrower Mortgagor, Mezzanine Borrower, Principal or Borrower PrincipalGuarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Borrower Mortgagor, Mezzanine Borrower, Principal or Borrower PrincipalGuarantor, as applicable (whether directly or indirectly), is prohibited by law or the Mortgage Loan or Mezzanine Loan is in violation of law.

Appears in 1 contract

Samples: Master Repurchase Agreement (Capital Trust Inc)

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