Common use of Existing Loans Clause in Contracts

Existing Loans. Schedule 3.14(a) attached hereto lists, as of the date of this Agreement, (i) all secured Indebtedness presently encumbering the Property or any direct or indirect interest in the Company, and (ii) all unsecured Indebtedness of the Company or any Company Subsidiary (collectively, the “Existing Company Loans”), and the outstanding aggregate principal balance of each such Existing Company Loan as of April 30, 2019. Except as set forth on Schedule 3.14(b) attached hereto, the Existing Company Loans and the documents entered into in connection therewith (such notes, deeds of trust and all other documents or instruments evidencing or securing such Existing Company Loans including any financing statements, and any amendments, modifications, and assignments of the foregoing shall be referred to collectively as the “Existing Company Loan Documents”) are in full force and effect as of the Closing Date. True, correct and complete copies of the Existing Company Loan Documents (other than financing statements, ancillary certificates and other similar ancillary documents) have been made available to MAMP. No material breach or material default by the Company or any Company Subsidiary has occurred under any Existing Company Loans. Except as set forth on Schedule 3.14(c) attached hereto, no event has occurred and is continuing which with the passage of time or the giving of notice (or both) would constitute a material breach or default under any of such Existing Company Loan Documents, nor has the Company received or given written notice of a default under any Existing Company Loan Documents, which remains uncured.

Appears in 17 contracts

Samples: Agreement and Plan of Merger (MedAmerica Properties Inc.), Agreement and Plan of Merger (MedAmerica Properties Inc.), Agreement and Plan of Merger (MedAmerica Properties Inc.)

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Existing Loans. Schedule 3.14(a3.12(a) attached hereto lists, as of the date of this Agreement, (i) all secured Indebtedness presently encumbering the Property or any direct or indirect interest in the Company, and (ii) all unsecured Indebtedness of the Company or any Company Subsidiary (collectively, the “Existing Company Loans”), and the outstanding aggregate principal balance of each such Existing Company Loan as of April 30, 2019. Except as set forth on Schedule 3.14(b3.12(b) attached hereto, the Existing Company Loans and the documents entered into in connection therewith (such notes, deeds of trust and all other documents or instruments evidencing or securing such Existing Company Loans including any financing statements, and any amendments, modifications, and assignments of the foregoing shall be referred to collectively as the “Existing Company Loan Documents”) are in full force and effect as of the Closing Date. True, correct and complete copies of the Existing Company Loan Documents (other than financing statements, ancillary certificates and other similar ancillary documents) have been made available to MAMP. No material breach or material default by the Company or any Company Subsidiary has occurred under any Existing Company Loans. Except as set forth on Schedule 3.14(c3.12(c) attached hereto, no event has occurred and is continuing which with the passage of time or the giving of notice (or both) would constitute a material breach or default under any of such Existing Company Loan Documents, nor has the Company received or given written notice of a default under any Existing Company Loan Documents, which remains uncured.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (MedAmerica Properties Inc.), Agreement and Plan of Merger (MedAmerica Properties Inc.)

Existing Loans. Schedule 3.14(a) 4.1(h)-1 attached hereto lists, as of the date of this Agreement, : (i) all secured Indebtedness Debt presently encumbering the Property or any direct or indirect interest in the CompanyProperty, and (ii) all direct or indirect Debt secured by an interest in the Property Owner and (iii) all unsecured Indebtedness Debt of the Company or any Company Subsidiary Contributor and/or Property Owner (collectively, the “Existing Company Loans”), ) and the outstanding aggregate principal balance of each such Existing Company Loan as of April 30, 2019. Except as set forth on Schedule 3.14(b) attached hereto, the Existing Company Loans Loans. Schedule 4.1(h)-2 contains a true, correct and complete list of all the documents entered into in connection therewith with any Existing Loans (such notes, deeds of trust or mortgages and all other documents or instruments evidencing or securing such or executed in connection with the Existing Company Loans Loans, including any financing statements, and any amendments, modifications, and assignments of the foregoing shall be referred to collectively as the “Existing Company Loan Documents”) ), and no Existing Loan Documents have been amended, modified or assigned except as set forth thereon. The Existing Loan Documents are in full force and effect as of the Closing Dateeffect. True, correct and complete copies of the Existing Company Loan Documents (other than financing statements, ancillary certificates and other similar ancillary documents) have been made available to MAMPthe Operating Partnership. No material breach or material default by the Company or any Company Subsidiary Contributor and/or the Property Owner has occurred and is continuing with respect to any Existing Loans and/or under any of the Existing Company Loans. Except as set forth on Schedule 3.14(c) attached hereto, Loan Documents and no event has occurred and is continuing which with the passage of time or the giving of notice (or both) would constitute a material breach or default under any of such the Existing Company Loan Documents, . Neither the Contributor nor the Property Owner has the Company received or given written notice of a breach or default under any Existing Company Loan Documents, which remains uncured.

Appears in 2 contracts

Samples: Sale and Contribution Agreement (Aspen REIT, Inc.), Sale and Contribution Agreement (Aspen REIT, Inc.)

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Existing Loans. Part 1 of Schedule 3.14(a4.1(h) attached hereto lists, as lists all indebtedness of the date of this AgreementExisting Entities, (i) all secured Indebtedness presently encumbering together with the Property or any direct or indirect interest in the Company, and (ii) all unsecured Indebtedness indebtedness of the Company or any Company Subsidiary Contributor that is part of the Assumed Liabilities (collectively, the "Existing Company Loans”), ") and the outstanding aggregate principal balance of each such Existing Company Loan as of April 30, 2019. Except as set forth on Schedule 3.14(b) attached hereto, the Existing Company Loans Loans. Part 2 of Schedule 4.1(h) contains a true, correct and complete list of all the documents entered into in connection therewith with any Existing Loans (such notes, deeds of trust or mortgages and all other documents or instruments evidencing or securing such or executed in connection with the Existing Company Loans Loans, including any financing statements, and any amendments, modifications, and assignments of the foregoing shall be referred to collectively as the "Existing Company Loan Documents”) "), and no Existing Loan Documents have been amended, modified or assigned except as set forth thereon. The Existing Loan Documents are in full force and effect as of the Closing Dateeffect. True, correct and complete copies of the Existing Company Loan Documents (other than financing statements, ancillary certificates and other similar ancillary documents) have been made available to MAMPthe Operating Partnership. No material breach or material default by the Company or any Company Subsidiary Existing Entity has occurred and is continuing with respect to any Existing Loans and/or under any of the Existing Company Loans. Except as set forth on Schedule 3.14(c) attached hereto, Loan Documents and no event has occurred and is continuing which with the passage of time or the giving of notice (or both) would constitute a material breach or default under any of such the Existing Company Loan Documents, . Neither the Contributor nor any Existing Entity has the Company received or given written notice of a breach or default under any Existing Company Loan Documents, which remains uncured.

Appears in 1 contract

Samples: Contribution Agreement (Preston Hollow Community Capital, Inc.)

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