Existing Mortgage Debt. All outstanding Indebtedness secured by a Lien on real property of the Borrower or any Guarantor existing as of the Effective Date is described on Schedule 6.1, and the amount of such Indebtedness shown on such Schedule is the aggregate outstanding amount as of the Effective Date. No "default" or "event of default", however defined, has occurred and is continuing under any documentation evidencing such Indebtedness or the Lien securing such Indebtedness.
Existing Mortgage Debt. Except for the Obligations, the only ---------------------- Indebtedness secured by a Lien on Real Property of the Borrower, the Parent or any of their respective Subsidiaries existing as of the Effective Date is the Permitted Other Subsidiary Indebtedness, and the respective amounts of such Indebtedness is approximately the amounts set forth in the definition of Permitted Other Subsidiary Indebtedness as of the Effective Date. No "default" or "event of default", however defined, has occurred and is continuing under any Permitted Other Subsidiary Loan Document or the Lien securing such Permitted Other Subsidiary Indebtedness (or with respect to the giving of this representation after the date of this Agreement, as otherwise disclosed to the Administrative Agent in writing after the date of this Agreement and prior to the date such representation is deemed given).
Existing Mortgage Debt. There are no defaults (and no Branch Affiliate has received any notice of a default asserted by any lender that has not been cured) under the Existing Mortgage Debt, or facts or circumstances which with the passage of time or the giving of notice, or both, would result in such a default, except to the extent such a default does not cause and is not reasonably expected to cause a Material Adverse Effect on Branch or the transactions contemplated by this Agreement. The aggregate principal balance outstanding under the Existing Mortgage Debt as of December 31, 1996 is set forth on Schedule .
Existing Mortgage Debt. The documents evidencing the assumption of the Existing Mortgage Debt, executed by the Partnership, and all deliveries of the Partnership required thereunder;
Existing Mortgage Debt. 48 6.1.4 Financial Statements. . . . . . . . . . . . . . . . 48 6.1.5 No Adverse Change . . . . . . . . . . . . . . . . . 49 6.1.6
Existing Mortgage Debt. Except as set forth on Schedule 6.1.3, there are no defaults (and no Property Entity, Joint Venture or Midland Affiliate has received any notice of a default asserted by any lender) under the Existing Mortgage Debt of such Property Entity, Joint Venture or Midland Affiliate, or facts or circumstances which through the passage of time or the giving of notice, or both, would result in such a default, nor will such Property Entity or Midland Affiliate cause or permit any default to occur thereunder or cause or permit any increase in the outstanding aggregate principal balance thereof from the date hereof until the First Closing, except to fund expenditures made substantially in conformity with the Development Budget and Schedule and the TI Budget and Schedule. The documents described on Schedule 1.1.40 are all of the loan documents executed in connection with such Existing Mortgage Debt of such Property Entity, Joint Venture or Midland Affiliate, and such documents have not been modified or amended except as noted thereon. The aggregate principal balance outstanding to each lender under such Existing Mortgage Debt as of the Recent Balance Sheet Date is set forth on Schedule 1.1.40.
Existing Mortgage Debt. The documents evidencing the assumption of the Existing Mortgage Debt, executed by the applicable Transferee, and all deliveries of the applicable Transferee required thereunder;
Existing Mortgage Debt. All outstanding Indebtedness secured by a Lien on real property of any Borrower or Guarantor existing as of the First Amendment Effective Date is described on Schedule 6.1 to the First Amendment, and the amount of such Indebtedness shown on such Schedule is the aggregate outstanding amount as of the First Amendment Effective Date. No “default” or “event of default”, however defined, has occurred and is continuing under any documentation evidencing such Indebtedness or the Lien securing such Indebtedness.
(w) Section 4.18 of the Credit Agreement is hereby amended to read as follows:
Existing Mortgage Debt. (A) At Closing, Assignee shall accept the Initial Partnership Interests with the Property subject to the Existing Mortgages and the Existing Mortgage Debt.
Existing Mortgage Debt. With regard to the Existing Mortgage Debt:
(i) Schedule 4.1(k)(i) sets forth a complete and accurate schedule of all Existing Mortgage Debt with the respect to the Properties, along with the Properties to which the Existing Mortgage Debt relates and the outstanding principal balance, accrued interest and reserve balances (if any) with respect to all such debt as of the most recent billing statement;
(ii) Schedule 4.1(k)(ii) sets forth a list of all material documents evidencing or securing the Existing Mortgage Debt (collectively, “Existing Mortgage Documents”). Seller has provided to Purchaser true, correct and complete copies of all Existing Mortgage Documents, which are in full force and effect as of the date hereof. As of the date hereof, all payments currently due and payable on the Existing Mortgage Debt have been paid in full. As of the date hereof, no cash sweep or similar type of event has occurred and is continuing under the Existing Mortgage Documents.
(iii) No Seller or Property Owner has received any written notice of default from any Existing Lender (or its servicing agent, if any) claiming that any breach has occurred pursuant to the terms of any Existing Mortgage Debt which remains uncured.
(iv) To Seller Parent’s knowledge, each borrower under the Existing Mortgage Debt has complied in all material respects with the separateness covenants in its operating agreements and Existing Mortgage Documents, and no such borrower has received a written notice of default from any Existing Lender as to a breach of any separateness covenants.
