FINANCIAL AND RELATED INFORMATION. The following information: (i) A certificate, signed by an officer of the general partners of each entity comprising the Borrower, stating that on the Agreement Execution Date no Default or Event of Default has occurred and is continuing and that all representations and warranties of the Borrower contained herein are true and correct as of the Agreement Execution Date as and to the extent set forth herein; (ii) The most recent financial statements of the Consolidated Group and a certificate from a Qualified Officer of Equity Inns that no change in the Consolidated Group's financial condition that would have a Material Adverse Effect has occurred since June 30, 1997; (iii) Evidence of sufficient Unencumbered Assets (which evidence may include pay-off letters (together with evidence of payment or a direction of Borrower to use a portion of the proceeds of the Advances to repay such Indebtedness), mortgage releases and/or title policies) to assist the Administrative Agent in determining the Borrower's compliance with the covenants set forth in Article IX herein; (iv) A pro forma compliance certificate as of June 30, 1997 calculating the applicable status of Borrower's financial covenants if they were effective as of such date; (v) Written money transfer instructions, in substantially the form of Exhibit G hereto, addressed to the Administrative Agent and signed by a Qualified Officer, together with such other related money transfer authorizations as the Administrative Agent may have reasonably requested; and (vi) Operating statements for the Unencumbered Assets and other evidence of income and expenses to assist the Administrative Agent in determining Borrower's compliance with the covenants set forth in Article VIII herein.
Appears in 2 contracts
Samples: Unsecured Revolving Credit Agreement (Equity Inns Inc), Unsecured Revolving Credit Agreement (Equity Inns Inc)
FINANCIAL AND RELATED INFORMATION. The following information:
(i) A certificate, signed by an executive officer of the general partners General Partner on behalf of each entity comprising the Borrower, stating that on the Agreement Execution Date no Default or Event of Default has occurred and is continuing and that all representations and warranties of the Borrower contained herein are true and correct as of the Agreement Execution Date as and to the extent set forth herein;
(ii) The most recent consolidated annual and quarterly financial statements of the Consolidated Group Borrower and a certificate from a Qualified Officer of Equity Inns the Borrower that no change in the Consolidated GroupBorrower's financial condition that would could have a Material Adverse Effect has occurred since June 30, 1997the date of the most recent financial statements delivered to the Agent;
(iii) Evidence of sufficient Unencumbered Assets (Assets, which evidence may include pay-off letters (together with evidence of payment or a direction of Borrower to use a portion of the proceeds of the Advances to repay such Indebtedness), mortgage releases and/or title policies) , to assist the Administrative Agent in determining the Borrower's compliance with the covenants set forth in Article ARTICLE VII and ARTICLE IX herein;
(iv) A pro forma compliance certificate as of June 30, 1997 calculating the applicable status of Borrower's financial covenants if they were effective as of such date;
(v) Written money transfer instructions, in substantially the form of Exhibit G hereto, addressed to the Administrative Agent and signed by a Qualified OfficerOfficer of Borrower, together with such other related money transfer authorizations as the Administrative Agent may have reasonably requested; and
(viv) Operating statements for the Unencumbered Assets and other evidence of income and expenses to assist the Administrative Agent in determining Borrower's compliance with the covenants set forth in Article ARTICLES VII, VIII and IX herein.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Great Lakes Reit)
FINANCIAL AND RELATED INFORMATION. The following information:
(i) A certificate, signed by an executive officer of the general partners of each entity comprising the Borrower, stating that on the Agreement Execution Date no Default or Event of Default has occurred and is continuing and that all representations and warranties of the Borrower contained herein are true and correct as of the Agreement Execution Date as and to the extent set forth herein;
(ii) The most recent consolidated annual and quarterly financial statements of the Consolidated Group Borrower and a certificate from a Qualified Officer of Equity Inns the Borrower that no change in the Consolidated GroupBorrower's financial condition that would could have a Material Adverse Effect has occurred since June 30December 31, 1997;
; (iii) Evidence of sufficient Unencumbered Assets (Assets, which evidence may include pay-off letters (together with evidence of payment or a direction of Borrower to use a portion of the proceeds of the Advances to repay such Indebtedness), mortgage releases and/or title policies) , to assist the Administrative Agent in determining the Borrower's compliance with the covenants set forth in Article ARTICLE VII and ARTICLE IX herein;
; (iv) A pro forma compliance certificate as of June 30, 1997 calculating the applicable status of Borrower's financial covenants if they were effective as of such date;
(v) Written money transfer instructions, in substantially the form of Exhibit G EXHIBIT E hereto, addressed to the Administrative Agent and signed by a Qualified OfficerOfficer of Borrower, together with such other related money transfer authorizations as the Administrative Agent may have reasonably requested; and
and (viv) Operating statements for the Unencumbered Assets and other evidence of income and expenses to assist the Administrative Agent in determining Borrower's compliance with the covenants set forth in Article ARTICLES VII, VIII and IX herein.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Great Lakes Reit Inc)
FINANCIAL AND RELATED INFORMATION. The following information:
(i) A certificate, signed by an officer of the general partners of each entity comprising the Borrower, stating that on the Agreement Execution Date no Default or Event of Default has occurred and is continuing under this Agreement or the Existing Credit Agreement and that all representations and warranties of the Borrower contained herein are true and correct as of the Agreement Execution Date as and to the extent set forth herein;
(ii) The most recent financial statements of the Consolidated Group and a certificate from a Qualified Officer of Equity Inns that no change in the Consolidated Group's financial condition that would have a Material Adverse Effect has occurred since June 30December 31, 19971998;
(iii) Evidence Certification by Borrower of sufficient Unencumbered Assets (which evidence may include pay-off letters (together with evidence of payment or a direction of Borrower to use a portion of the proceeds of the Advances to repay such Indebtedness), mortgage releases and/or title policies) to assist the Administrative Agent in determining the Borrower's compliance with the covenants set forth in Article IX herein;
(iv) A pro forma compliance certificate as of June 30December 31, 1997 1998 calculating the applicable status of Borrower's financial covenants if they were effective as of such date;, together with a certification stating that the initial Advance does not exceed the Borrowing Base availability.
(v) Written money transfer instructions, in substantially the form of Exhibit G hereto, addressed to the Administrative Agent and signed by a Qualified Officer, together with such other related money transfer authorizations as the Administrative Agent may have reasonably requested; and
(vi) Operating statements for the Unencumbered Assets and other evidence of income and expenses to assist the Administrative Agent in determining Borrower's compliance with the covenants set forth in Article VIII herein.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Equity Inns Inc)
FINANCIAL AND RELATED INFORMATION. The following information:
(i) A certificate, signed by an executive officer of the general partners of each entity comprising the Borrower, stating that on the Agreement Execution Date no Default or Event of Default has occurred and is continuing and that all representations and warranties of the Borrower contained herein are true and correct as of the Agreement Execution Date as and to the extent set forth herein;
(ii) The most recent consolidated annual and quarterly financial statements of the Consolidated Group Borrower and a certificate from a Qualified Officer of Equity Inns the Borrower that no change in the Consolidated GroupBorrower's financial condition that would could have a Material Adverse Effect has occurred since June September 30, 1997;
(iii) Evidence of sufficient Unencumbered Assets ([which evidence may include pay-off letters (together with evidence of payment or a direction of Borrower to use a portion of the proceeds of the Advances to repay such Indebtedness), mortgage releases and/or title policies) ] to assist the Administrative Agent in determining the Borrower's compliance with the covenants set forth in Article VII and Article IX herein;
(iv) A pro forma compliance certificate as of June 30, 1997 calculating the applicable status of Borrower's financial covenants if they were effective as of such date;
(v) Written money transfer instructions, in substantially the form of Exhibit G E hereto, addressed to the Administrative Agent and signed by a Qualified OfficerOfficer of Borrower, together with such other related money transfer authorizations as the Administrative Agent may have reasonably requested; and
(viv) Operating statements for the Unencumbered Assets and other evidence of income and expenses to assist the Administrative Agent in determining Borrower's compliance with the covenants set forth in Article Articles VII, VIII and IX herein.
Appears in 1 contract
Samples: Unsecured Revolving Credit Agreement (Great Lakes Reit Inc)