Common use of Enforceability Opinion Clause in Contracts

Enforceability Opinion. If required by the Agent, the favorable legal opinion of counsel to Borrower or such Subsidiary Guarantor, from counsel reasonably acceptable to the Agent and qualified to practice in the State in which such Real Estate is located, addressed to the Lenders and the Agent covering the enforceability of such Security Documents and such other matters as the Agent shall reasonably request.

Appears in 10 contracts

Samples: Credit Agreement (Wheeler Real Estate Investment Trust, Inc.), Term Loan Agreement (Moody National REIT II, Inc.), Credit Agreement (Carter Validus Mission Critical REIT II, Inc.)

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Enforceability Opinion. If required by the Agent, the favorable legal opinion of counsel to Borrower or such Subsidiary Guarantor, from counsel reasonably acceptable to the Agent and qualified to practice in the State in which such Real Estate is located, addressed to the Lenders and the Agent covering the enforceability of such Security Documents and such other matters as the Agent shall reasonably request.

Appears in 3 contracts

Samples: Master Credit Agreement (Entertainment Properties Trust), Master Credit Agreement (Entertainment Properties Trust), Master Credit Agreement (JDN Realty Corp)

Enforceability Opinion. If required by the Agent, the favorable legal opinion of counsel to Borrower or such Subsidiary Guarantor, from counsel reasonably acceptable to the Agent and qualified to practice in the State in which such Real Estate is located, addressed to the Lenders and the Agent covering the enforceability of such Security Documents the Joinder Agreement and such other matters as the Agent shall reasonably request.

Appears in 3 contracts

Samples: Credit Agreement (Carter Validus Mission Critical REIT, Inc.), Term Loan Agreement (Carter Validus Mission Critical REIT, Inc.), Credit Agreement (Carter Validus Mission Critical REIT, Inc.)

Enforceability Opinion. If required by the Agent, the favorable legal opinion of counsel to the Borrower or such Subsidiary Guarantor, from counsel reasonably acceptable to the Agent and qualified to practice in the State in which such Real Estate is locatedAgent, addressed to the Lenders and the Agent covering the enforceability of such Security Documents and such other matters as the Agent shall reasonably request.

Appears in 2 contracts

Samples: Credit Agreement (Monogram Residential Trust, Inc.), Senior Secured Revolving Credit Agreement (American Realty Capital Healthcare Trust II, Inc.)

Enforceability Opinion. If required by the Agent, the The favorable legal opinion of counsel to the Borrower or such Subsidiary Guarantor, from counsel reasonably acceptable to the Agent and qualified to practice in the State in which such Real Estate is located, addressed to the Lenders Banks and in form and substance satisfactory to the Agent covering as to the enforceability of such Security Documents and such other matters as the Agent shall reasonably request.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Wellsford Real Properties Inc), Loan Agreement (Wellsford Real Properties Inc)

Enforceability Opinion. If required by the Agent, the favorable legal opinion of counsel to Parent Borrower or such Subsidiary GuarantorCredit Party, from counsel reasonably acceptable to the Agent and qualified to practice in the State in which such Real Estate is located, addressed to the Lenders and the Agent covering the enforceability of such Security Documents and such other matters as the Agent shall reasonably request.

Appears in 2 contracts

Samples: Credit Agreement (City Office REIT, Inc.), Credit Agreement (City Office REIT, Inc.)

Enforceability Opinion. If required by the Agent, the The favorable legal opinion of counsel to Borrower or such Subsidiary GuarantorBorrowers, from counsel reasonably acceptable to the Administrative Agent and qualified to practice in the State in which such Real Estate is located, addressed to the Lenders Lenders, Swing Loan Lender, Administrative Agent and the Revolving Agent and covering the enforceability of such Security Documents and such other matters as the Administrative Agent shall reasonably request.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (American Healthcare REIT, Inc.)

Enforceability Opinion. If required by the Agent, the favorable legal opinion of counsel to Parent Borrower or such Subsidiary GuarantorCredit Party, from counsel reasonably acceptable to the Agent and and, with respect to any opinions applicable to the State in which the Real Estate is located qualified to practice in the State in which such Real Estate is located, addressed to the Lenders and the Agent covering the enforceability of such Security Documents Documents, the Borrower’s existence and authority to enter into such Security Documents, and such other matters as the Agent shall reasonably request.

Appears in 1 contract

Samples: Credit Agreement (Bluerock Residential Growth REIT, Inc.)

Enforceability Opinion. If required by the Administrative Agent, the favorable legal opinion of counsel to Borrower or such Subsidiary GuarantorBorrower, from counsel reasonably acceptable to the Administrative Agent and qualified to practice in the State in which such Real Estate is located, addressed to the Lenders and the Administrative Agent covering the enforceability of such Security Loan Documents and such other matters as the Administrative Agent shall reasonably request.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Cottonwood Communities, Inc.)

Enforceability Opinion. If required by the Agent, the favorable legal opinion of counsel to Parent Borrower or such Subsidiary GuarantorCredit Party, from counsel reasonably acceptable to the Agent and and, with respect to any opinions applicable to the State in which the Real Estate is located qualified to practice in the State in which such Real Estate is located, addressed to the Lenders and the Agent covering the enforceability of such Security Documents Documents, the Borrowers’ existence and authority to enter into such Security Documents, and such other matters as the Agent shall reasonably request.

Appears in 1 contract

Samples: Credit Agreement (Bluerock Residential Growth REIT, Inc.)

Enforceability Opinion. If required by the Agent, the favorable legal opinion of counsel to the Borrower or such Subsidiary Guarantor, from counsel reasonably acceptable to the Agent and qualified to practice in the State in which such Real Estate is located, addressed to the Lenders and the Agent covering the enforceability of such Security Documents and such other matters as the Agent shall reasonably request.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (American Realty Capital Healthcare Trust Inc)

Enforceability Opinion. If required by the Agent, the The favorable legal opinion of counsel to Borrower or such the Borrower, the Guarantor and any Subsidiary Guarantor, from counsel Guarantor reasonably acceptable to the Agent and qualified to practice in the State in which such Real Estate is located, addressed to the Lenders Banks and the Agent covering and in form and substance satisfactory to the Agent as to the enforceability of such Security Documents and such other matters as the Agent shall reasonably request.

Appears in 1 contract

Samples: Secured Master Loan Agreement (Ramco Gershenson Properties Trust)

Enforceability Opinion. If required by the Agent, the The favorable legal opinion of counsel to Borrower Borrower, REA or such Subsidiary Guarantor, from counsel reasonably acceptable to the Agent and qualified to practice in the State in which such Real Estate is located, addressed to the Lenders and the Agent covering the enforceability of such Security Documents and such other matters as the Agent shall reasonably request.

Appears in 1 contract

Samples: Revolving Credit Agreement (American Real Estate Investment Corp)

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Enforceability Opinion. If required by the Administrative Agent, the favorable legal opinion of counsel to Borrower or such Subsidiary Guarantor, from counsel reasonably acceptable to the Administrative Agent and qualified to practice in the State in which such Real Estate Asset is located, addressed to the Lenders and the Administrative Agent covering the enforceability of such Security Documents and such other matters as the Administrative Agent shall reasonably request.

Appears in 1 contract

Samples: Revolving Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

Enforceability Opinion. If required by the Agent, the favorable legal opinion of counsel to the Borrower or such Subsidiary Guarantor, from counsel reasonably acceptable to the Agent and qualified to practice in the State in which such Real Estate is locatedAgent, addressed to the Lenders and the Agent covering the enforceability of such Security Documents the Joinder Agreement and such other matters as the Agent shall reasonably request.

Appears in 1 contract

Samples: Senior Unsecured Credit Agreement (American Realty Capital Healthcare Trust Inc)

Enforceability Opinion. If required by the Agent, the favorable legal opinion of counsel to Borrower or such Subsidiary GuarantorBorrower, from counsel reasonably acceptable to the Agent and qualified to practice in the State in which such Real Estate is locatedlocated with respect to any Mortgage or Assignment of Leases and Rents, addressed to the Lenders and the Agent covering the enforceability of such Security Documents and such other matters as the Agent shall reasonably request.

Appears in 1 contract

Samples: Credit Agreement (QTS Realty Trust, Inc.)

Enforceability Opinion. If required by the Agent, the favorable legal opinion of counsel to Parent Borrower or such Subsidiary GuarantorBorrower, from counsel reasonably acceptable to the Agent and qualified to practice in the State in which such Real Estate is located, addressed to the Lenders and the Agent covering the enforceability of such Security Documents and such other matters as the Agent shall reasonably request.

Appears in 1 contract

Samples: Revolving Credit Note (Dupont Fabros Technology, Inc.)

Enforceability Opinion. If required by the Administrative Agent, the favorable legal opinion of counsel to Borrower or such Subsidiary Guarantor, from counsel reasonably acceptable to the Administrative Agent and qualified to practice in the State in which such Real Estate is located, addressed to the Lenders and the Administrative Agent covering the authority, good standing and existence of Borrower or such Subsidiary Guarantor, and the enforceability of such Security Documents Documents, Joinder Agreement, and such other matters as the Administrative Agent shall reasonably request.

Appears in 1 contract

Samples: Secured Credit Agreement (Rouse Properties, Inc.)

Enforceability Opinion. If required by the Agent, the The favorable legal opinion of counsel to the Borrower or such Subsidiary Guarantor, from counsel reasonably acceptable to the Agent and qualified to practice in the State in which such Eligible Real Estate is located, addressed to the Lenders Banks and in form and substance satisfactory to the Agent covering as to the enforceability of such Security Documents and such other matters as the Agent shall reasonably request.

Appears in 1 contract

Samples: Term Loan Agreement (Wellsford Real Properties Inc)

Enforceability Opinion. If required by the Agent, the favorable legal opinion of counsel to the Borrower or such Subsidiary Guarantor, from counsel reasonably acceptable to the Agent and qualified to practice in the State in which such Real Estate is locatedAgent, addressed to the Lenders and the Agent covering the enforceability enforceability, perfection and priority of such Security Documents and such other matters as the Agent shall reasonably request.

Appears in 1 contract

Samples: Credit Agreement (MedEquities Realty Trust, Inc.)

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