Common use of FORM; WARRANTY Clause in Contracts

FORM; WARRANTY. Xxxxxxxx agrees that all financial statements to be delivered to Lender pursuant to Section 0 shall: (a) be materially complete and correct; (b) present fairly the financial condition of the party; (c) disclose all liabilities that are required to be reflected or reserved against; and (d) be prepared in accordance with the same accounting standard used by Borrower to prepare the financial statements delivered to and approved by Xxxxxx in connection with the making of the Loan or other accounting standards acceptable to Lender. Borrower shall be deemed to warrant and represent that, as of the date of delivery of any such financial statement, there has been no material adverse change in financial condition, nor have any assets or properties been sold, transferred, assigned, mortgaged, pledged or encumbered since the date of such financial statement except as disclosed by Xxxxxxxx in a writing delivered to Lender. Xxxxxxxx agrees that all rent rolls and other information to be delivered to Lender pursuant to Section 0 shall not contain any misrepresentation or omission of a material fact.

Appears in 2 contracts

Samples: Janus Hotels & Resorts Inc, Janus Hotels & Resorts Inc

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FORM; WARRANTY. Xxxxxxxx Borrower agrees that all financial statements to be delivered to Lender pursuant to Section 0 1.42 shall: (a) be materially complete and correct; (b) present fairly the financial condition of the party; (c) disclose all liabilities that are required to be reflected or reserved against; and (d) be prepared in accordance with the same accounting standard used by Borrower to prepare the financial statements delivered to and approved by Xxxxxx Lender in connection with the making of the Loan or other accounting standards acceptable to Lender. Borrower shall be deemed to warrant and represent that, as of the date of delivery of any such financial statement, there has been no material adverse change in financial condition, nor have any assets or properties been sold, transferred, assigned, mortgaged, pledged or encumbered since the date of such financial statement except as disclosed by Xxxxxxxx Borrower in a writing delivered to Lender. Xxxxxxxx Borrower agrees that all rent rolls and other information to be delivered to Lender pursuant to Section 0 this Loan Agreement shall not contain any misrepresentation or omission of a material fact.

Appears in 2 contracts

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

FORM; WARRANTY. Xxxxxxxx Borrower agrees that all financial statements to be delivered to Lender pursuant to Section 0 6.26 shall: (a) be materially complete and correct; (b) present fairly the financial condition of the party; (c) disclose all liabilities that are required to be reflected or reserved against; and (d) be prepared in accordance with the same accounting standard used by Borrower to prepare the financial statements delivered to and approved by Xxxxxx Lender in connection with the making of the Loan or other accounting standards acceptable to Lender. Borrower shall be deemed to warrant and represent that, as of the date of delivery of any such financial statement, there has been no material adverse change in financial condition, nor have any assets or properties been sold, transferred, assigned, mortgaged, pledged or encumbered since the date of such financial statement except as disclosed by Xxxxxxxx Borrower in a writing delivered to Lender. Xxxxxxxx Borrower agrees that all rent rolls and other information to be delivered to Lender pursuant to Section 0 this Loan Agreement shall not contain any misrepresentation or omission of a material fact.

Appears in 1 contract

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

FORM; WARRANTY. Xxxxxxxx agrees that all financial statements to be delivered to Lender pursuant to Section 0 2.1 shall: (a) be materially complete and correct; (b) present fairly the financial condition of the party; (c) disclose all liabilities that are required to be reflected or reserved against; and (d) be prepared in accordance with the same accounting standard used by Borrower to prepare the financial statements delivered to and approved by Xxxxxx in connection with the making of the Loan or other accounting standards acceptable to Lender. Borrower shall be deemed to warrant and represent that, as of the date of delivery of any such financial statement, there has been no material adverse change in financial condition, nor have any assets or properties been sold, transferred, assigned, mortgaged, pledged or encumbered since the date of such financial statement except as disclosed by Xxxxxxxx in a writing delivered to Lender. Xxxxxxxx agrees that all rent rolls and other information to be delivered to Lender pursuant to Section 0 2.1 shall not contain any misrepresentation or omission of a material fact.

Appears in 1 contract

Samples: Protein Design Labs Inc/De

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FORM; WARRANTY. Xxxxxxxx Borrower agrees that all financial statements to be delivered to Lender pursuant to Section 0 2.1 shall: (a) be materially complete and correctcorrect in all material respects; (b) present fairly the financial condition of the party; (c) disclose all liabilities that are required to be reflected or reserved against; and (d) be prepared in accordance with the same accounting standard used by Borrower to prepare the financial statements delivered to and approved by Xxxxxx Lender in connection with the making of the Loan or other accounting standards acceptable to Lender. Borrower shall be deemed to warrant and represent that, as of the date of delivery of any such financial statement, there has been no material adverse change in financial condition, nor have any assets or properties been sold, transferred, assigned, mortgaged, pledged or encumbered since the date of such financial statement except as disclosed by Xxxxxxxx Borrower in a writing delivered to Lender. Xxxxxxxx Borrower agrees that all rent rolls and other information to be delivered to Lender pursuant to Section 0 2.1 shall not contain any misrepresentation or omission of a material fact.

Appears in 1 contract

Samples: Leases and Security Agreement (Manufactured Home Communities Inc)

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