Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 36 contracts
Samples: Loan Agreement (RREEF Property Trust, Inc.), Mezzanine Loan Agreement, Loan Agreement (Carter Validus Mission Critical REIT II, Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affectshas, nor as far as Borrower can foresee, might adversely affect, the Property reasonably be expected to have an Individual Material Adverse Effect or the business, operations or condition (financial or otherwise) of Borroweran Aggregate Material Adverse Effect.
Appears in 31 contracts
Samples: Loan Agreement, Fourth Mezzanine Loan Agreement (Harrahs Entertainment Inc), Second Mezzanine Loan Agreement (Harrahs Entertainment Inc)
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents or in any other document or certificate delivered by or on behalf of Borrower contains any untrue statement of a material fact or omits to state any material fact fact, to Borrower’s knowledge, necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed which would reasonably be expected to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property have or the business, operations or condition (financial or otherwise) of Borrowerdoes have a Material Adverse Effect.
Appears in 20 contracts
Samples: Loan Agreement (Ashford Hospitality Trust Inc), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)
Full and Accurate Disclosure. No To Borrower’s knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 20 contracts
Samples: Loan Agreement (Highlands REIT, Inc.), Loan Agreement (Highlands REIT, Inc.), Loan Agreement (Highlands REIT, Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 11 contracts
Samples: Loan Agreement (Sabre Corp), Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)
Full and Accurate Disclosure. No To the Best of Borrower’s Knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed which has a Material Adverse Effect, or to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) Best of Borrower’s Knowledge could reasonably be expected to have a Material Adverse Effect.
Appears in 10 contracts
Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which information that has not been disclosed to Lender which adversely affects, nor as far as Borrower can reasonably foresee, might materially adversely affect, the Property or the business, operations or condition (financial or otherwise) of BorrowerBorrower or any Guarantor.
Appears in 8 contracts
Samples: Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.)
Full and Accurate Disclosure. No statement To the best of fact made by Borrower Borrower’s knowledge, no information contained in this Agreement or in any of Agreement, the other Loan Documents Documents, or any written statement furnished by or on behalf of Borrower pursuant to the terms of this Agreement contains any untrue statement of a material fact or omits to state any a material fact necessary to make the statements contained herein or therein not misleadingmisleading in light of the circumstances under which they were made. There is no material fact or circumstance presently known to Borrower which has not been disclosed to Lender and which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerwill have a Material Adverse Effect.
Appears in 8 contracts
Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Cedar Shopping Centers Inc), Mezzanine B Loan Agreement (Telx Group, Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, or might materially and adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 6 contracts
Samples: Loan Agreement (Netreit, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (Meristar Hospitality Operating Partnership Lp)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respect. There is no material fact presently known to Borrower which has not been disclosed to Lender Administrative Agent which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerreasonably be expected to result in a Material Adverse Effect.
Appears in 5 contracts
Samples: Loan Agreement (Vici Properties Inc.), Loan Agreement (Vici Properties Inc.), Mezzanine B Loan Agreement (Vici Properties Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in light of the circumstances under which they were made. There is no material fact presently known to Borrower which has not been disclosed to Lender Agent which materially adversely affects, nor or as far as Borrower can foresee, might materially adversely affect, the any Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 5 contracts
Samples: First Mezzanine Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)
Full and Accurate Disclosure. No To Borrower’s knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 5 contracts
Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland American Real Estate Trust, Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, or might materially and adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 4 contracts
Samples: Loan Agreement (reAlpha Tech Corp.), Loan Agreement (Meristar Hospitality Corp), Loan Agreement (Meristar Hospitality Operating Partnership Lp)
Full and Accurate Disclosure. No To Borrower’s Actual Knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no misleading in any material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerrespect.
Appears in 4 contracts
Samples: Mezzanine B Loan Agreement (Archstone Smith Operating Trust), Mezzanine a Loan Agreement (Archstone Smith Operating Trust), Mezzanine a Loan Agreement (Archstone Smith Operating Trust)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in light of the circumstances in which such statements were made. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerwould be reasonably likely to result in a Material Adverse Effect.
Appears in 4 contracts
Samples: Loan Agreement (W. P. Carey Inc.), Mezzanine Loan Agreement (W. P. Carey Inc.), Loan Agreement (Net Lease Office Properties)
Full and Accurate Disclosure. No statement of fact made by or on behalf of any Borrower Control Person in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to any Borrower which that has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerthat is likely to result in a Material Adverse Effect.
Appears in 4 contracts
Samples: Loan Agreement (Plymouth Industrial REIT Inc.), Loan Agreement (GTJ REIT, Inc.), Loan Agreement (GTJ REIT, Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed which could reasonably be expected to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerhave a Material Adverse Effect.
Appears in 4 contracts
Samples: Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan and Security Agreement (Digital Realty Trust, Inc.), Loan and Security Agreement (Reckson Associates Realty Corp)
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement the Loan Documents or in any of the other Loan Documents document or certificate delivered to Lender by Borrower contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially adversely affects, nor as far as Borrower can foresee, might materially adversely affect, the Property or affect the business, operations or condition (financial or otherwise) of Borrower.
Appears in 4 contracts
Samples: Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Mark Centers Trust), Loan Agreement (Burnham Pacific Properties Inc)
Full and Accurate Disclosure. No To Borrower’s knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can reasonably foresee, might would reasonably be expected to materially adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 4 contracts
Samples: Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.)
Full and Accurate Disclosure. No statement of fact made by such Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to such Borrower which has not been disclosed to Lender which adversely affects, nor as far as such Borrower can foresee, might adversely affect, the Property Properties or any part thereof or the business, operations or condition (financial or otherwise) of either Borrower.
Appears in 3 contracts
Samples: Pledge and Security Agreement (MPG Office Trust, Inc.), Pledge and Security Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)
Full and Accurate Disclosure. No To the Best of Borrower’s Knowledge, no statement of fact made by Borrower in this Agreement or and, no statement of fact made by any other Transaction Party in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed which has a Material Adverse Effect, or to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) Best of Borrower’s Knowledge, could reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can reasonably foresee, might would be reasonably likely to materially and adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 3 contracts
Samples: Loan Agreement (VICI Properties L.P.), Loan Agreement (MGM Growth Properties Operating Partnership LP), Loan Agreement (Hilton Worldwide Holdings Inc.)
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There To the best knowledge of Borrower, there is no material fact presently known to Borrower which that has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of BorrowerAgent that is likely to result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Loan Agreement (Gramercy Capital Corp), Loan Agreement (American Financial Realty Trust), Loan Agreement (Terremark Worldwide Inc)
Full and Accurate Disclosure. No To Borrower’s actual knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 3 contracts
Samples: Loan Agreement (Strategic Storage Trust II, Inc.), Loan Agreement (Strategic Storage Trust IV, Inc.), Loan Agreement (Strategic Storage Trust, Inc.)
Full and Accurate Disclosure. No To Borrower’s Knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, affects the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 3 contracts
Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any material untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowercould reasonably be expected to have a Material Adverse Effect.
Appears in 3 contracts
Samples: Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of BorrowerBorrower or Guarantor.
Appears in 3 contracts
Samples: Loan Agreement, Loan Agreement (Terra Tech Corp.), Loan Agreement (Terra Tech Corp.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to any Borrower which has not been disclosed to Lender which materially adversely affects, nor as far as any Borrower can foresee, might materially adversely affect, the Property or affect the business, operations or condition (financial or otherwise) of any Borrower.
Appears in 3 contracts
Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, or might materially and adversely affect, the Collateral, any Individual Property or the business, operations or condition (financial or otherwise) of Borrower or Mortgage Borrower.
Appears in 3 contracts
Samples: Mezzanine Loan Agreement (CNL Healthcare Trust, Inc.), Loan Agreement (Meristar Hospitality Corp), Loan Agreement (Meristar Hospitality Operating Partnership Lp)
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There To the best knowledge of Borrower, there is no material fact presently known to Borrower which that has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerthat is reasonably likely to result in a Material Adverse Effect.
Appears in 3 contracts
Samples: Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Digital Realty Trust, Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 3 contracts
Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)
Full and Accurate Disclosure. No statement of fact made by any Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 3 contracts
Samples: Loan Agreement (Prime Retail Lp), Loan Agreement (Horizon Group Properties Inc), Loan Agreement (Prime Retail Lp)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, might adversely affect, affects the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 3 contracts
Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)
Full and Accurate Disclosure. No To Borrower’s knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower such party can reasonably foresee, might adversely affect, the Property or Collateral the business, operations or condition (financial or otherwise) of Borrower.
Appears in 3 contracts
Samples: Management Agreement (ESH Hospitality LLC), Management Agreement (ESH Hospitality LLC), Management Agreement (ESH Hospitality LLC)
Full and Accurate Disclosure. No To Borrower’s knowledge no statement of material fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmaterially misleading as of the date made which in any such case could reasonably be expected to have a Material Adverse Effect. There is no material fact presently known to Borrower which has not been disclosed which could reasonably be expected to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerhave a Material Adverse Effect.
Appears in 2 contracts
Samples: Loan and Security Agreement (Toys R Us Inc), Loan and Security Agreement (Toys R Us Inc)
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There To the best knowledge of Borrower, there is no material fact presently known to Borrower which that has not been disclosed to Lender which adversely affectsAgent that is likely to result in a Material Adverse Effect, nor as far as Borrower can foresee, might adversely affectincluding without limitation, the Property or terms and conditions of the business, operations or condition (financial or otherwise) of Borrowerpurchase and sale agreement pursuant to which Borrower acquired the Mortgaged Property.
Appears in 2 contracts
Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)
Full and Accurate Disclosure. No statement of fact made by any Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respect. There is no material fact presently known to any Borrower which has not been disclosed to Lender Administrative Agent which adversely affectswould have or could reasonably be expected to cause a Material Adverse Effect or, nor solely as far as Borrower can foreseeof the Restatement Date and the Extension Effective Date, might adversely affect, the a Material Property or the business, operations or condition (financial or otherwise) of BorrowerEvent.
Appears in 2 contracts
Samples: Lease Agreement (FelCor Lodging Trust Inc), Revolving Credit Agreement (FelCor Lodging LP)
Full and Accurate Disclosure. No statement of fact made by any Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respect. There is no material fact presently known to any Borrower which has not been disclosed to Lender Administrative Agent which adversely affects, nor as far as Borrower can foresee, might adversely affect, the would have a Material Adverse Effect or could reasonably be expected to cause a Material Property or the business, operations or condition (financial or otherwise) of BorrowerEvent.
Appears in 2 contracts
Samples: Credit Agreement (FelCor Lodging Trust Inc), Term Loan Agreement (FelCor Lodging Trust Inc)
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the any Property or the business, operations or condition (financial or otherwise) of BorrowerBorrower or Guarantor.
Appears in 2 contracts
Samples: Loan Agreement (Global Medical REIT Inc.), Loan Agreement (Global Medical REIT Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of BorrowerBorrower or Guarantor.
Appears in 2 contracts
Samples: Loan Agreement (Washington Prime Group, L.P.), Loan Agreement (Clipper Realty Inc.)
Full and Accurate Disclosure. No To Borrower's knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Inland Real Estate Corp), Loan Agreement (Inland Real Estate Corp)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might could reasonably be expected to adversely affect, the Property Properties or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Lineage, Inc.), Loan Agreement (Lineage, Inc.)
Full and Accurate Disclosure. No To the best of Borrower's knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially adversely affects, nor as far as Borrower can foresee, might materially adversely affect, the Property Properties or the business, operations or condition (financial or otherwise) of any Individual Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not accurate, complete and correct in all material respects and not materially misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerwould result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Property Management Agreement (Sunstone Hotel Investors, Inc.), Property Management Agreement (Sunstone Hotel Investors, Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affectshas, nor as far as Borrower can foresee, might adversely affectreasonably be expected to have, the Property or the business, operations or condition (financial or otherwise) of Borrowera Material Adverse Effect.
Appears in 2 contracts
Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)
Full and Accurate Disclosure. No To the best of Borrower’s knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affectshas a Material Adverse Effect, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borroweris reasonably likely to have a Material Adverse Effect.
Appears in 2 contracts
Samples: Management Agreement (Piedmont Office Realty Trust, Inc.), Loan Agreement (Piedmont Office Realty Trust, Inc.)
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might could reasonably be expected to adversely affect, the Property or the business, operations or condition (financial or otherwise) of BorrowerBorrower or Guarantor.
Appears in 2 contracts
Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, might or would be reasonably anticipated to materially and adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Cole Credit Property Trust II Inc), Loan Agreement (Spirit Realty Capital, Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, or might reasonably be expected to adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Servico Market Center Inc), Loan Agreement (Servico Market Center Inc)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respect. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerreasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Vici Properties Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower To Borrower’s actual knowledge, no information contained in this Agreement or in any of Agreement, the other Loan Documents Documents, or any written statement furnished by or on behalf of Borrower pursuant to the terms of this Agreement contains any untrue statement of a material fact or omits to state any a material fact necessary to make the statements contained herein or therein not misleading. There is no material fact presently known to Borrower misleading in light of the circumstances under which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerthey were made.
Appears in 2 contracts
Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might could reasonably expected to adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.)
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There To the best knowledge of Borrower, there is no material fact presently known to Borrower which has not been disclosed to Lender Agent which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borroweris likely to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Loan Agreement (First Union Real Estate Equity & Mortgage Investments), Loan Agreement (Asset Investors Corp)
Full and Accurate Disclosure. No statement of fact made by any Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to any Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, or might reasonably be expected to adversely affect, any of the Property Properties or the business, operations or condition (financial or otherwise) of any Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Servico Market Center Inc), Loan Agreement (Lodgian Inc)
Full and Accurate Disclosure. No statement of fact made by Borrower or the Borrower Subsidiaries in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein in the Loan Documents or therein not misleading. There is no material fact presently known to Borrower or the Borrower Subsidiaries which has not been disclosed to Lender which materially adversely affects, nor as far as affects Borrower can foresee, might adversely affect, the Property or the business, operations Borrower Subsidiaries or condition (financial or otherwise) of Borrowermight reasonably be expected to result in a Material Adverse Effect.
Appears in 2 contracts
Samples: Loan Agreement (IMH Financial Corp), Loan Agreement (IMH Financial Corp)
Full and Accurate Disclosure. No statement of fact made by or, to Borrower’s Knowledge, on behalf of Borrower in this Agreement or in any of the other Loan Documents or in any other document or certificate delivered by or on behalf of Borrower contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There To Borrower’s Knowledge, there is no material fact presently known to Borrower which has not been disclosed which would reasonably be expected to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property have or the business, operations or condition (financial or otherwise) of Borrowerdoes have a Material Adverse Effect.
Appears in 2 contracts
Samples: Loan Agreement (Griffin Capital Essential Asset REIT II, Inc.), Loan Agreement (Griffin Capital Essential Asset REIT, Inc.)
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents or in any other document or certificate delivered by or on behalf of Borrower contains any untrue statement of a material fact or omits to state any material fact fact, to Borrower's knowledge, necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed which would reasonably be expected to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property have or the business, operations or condition (financial or otherwise) of Borrowerdoes have a Material Adverse Effect.
Appears in 2 contracts
Samples: Loan Agreement (MVP REIT, Inc.), Loan Agreement (MVP REIT II, Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed any material adverse change in any condition, fact, circumstance or event that would make any financial statements, rent rolls, reports, certificates and other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material adverse respect or could otherwise reasonably be expected to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerhave a Material Adverse Effect.
Appears in 2 contracts
Samples: Mezzanine Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, might materially and adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Koger Equity Inc), Loan Agreement (Koger Equity Inc)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, Borrower, the Collateral, Mortgage Borrower, Principal, Guarantor, the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)
Full and Accurate Disclosure. No To Borrower’s knowledge, no statement of fact made by Borrower or Guarantor in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respect. There To Borrower’s knowledge, there is no material fact presently known to Borrower which has not been disclosed related to Lender which adversely affectsBorrower, nor as far as Borrower can foresee, might adversely affect, Guarantor or the Property or the business, operations or condition (financial or otherwise) of Borrowerwhich is reasonably expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, affect the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by a Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respect. There is no material fact presently known to any Borrower which has not been disclosed to Lender Administrative Agent which adversely affects, nor as far as Borrower can foresee, might adversely affect, the would have a Material Adverse Effect or would reasonably be expected to cause a Material Property or the business, operations or condition (financial or otherwise) of BorrowerEvent.
Appears in 1 contract
Samples: Credit Agreement (FelCor Lodging LP)
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which that adversely affects, nor or as far as Borrower can foreseereasonably predict, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 1 contract
Samples: Fixed Rate Term Loan Agreement (RREEF Property Trust, Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially adversely affects, nor as far as Borrower can reasonably foresee, might would reasonably be expected to materially adversely affect, the Property or the business, operations or financial condition (financial or otherwise) of Borrower.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by any Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to any Borrower which has not been disclosed to Lender Agent which adversely affects, nor as far as any Borrower can foresee, might adversely affect, any Property or the Property Collateral or the business, operations or condition (financial or otherwise) of Borrowerany Borrower or Guarantor in each case, in any material respect.
Appears in 1 contract
Samples: Loan Agreement (Pacific Office Properties Trust, Inc.)
Full and Accurate Disclosure. No statement of fact made by such Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to such Borrower which that has not been disclosed to Lender which adversely affects, nor or, as far as such Borrower can foresee, might adversely affect, the any Property or the business, operations or condition (financial or otherwise) of any Borrower.
Appears in 1 contract
Samples: Loan Agreement (Acadia Realty Trust)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which that has not been disclosed to Lender which materially adversely affects, nor or, as far as Borrower can foresee, might materially adversely affect, the any Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or and Borrower has no knowledge that any such statement omits to state any material fact necessary to make the statements contained herein or therein not misleading. There is no material fact or circumstance presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borroweris reasonably likely to have a Material Adverse Effect.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerwould have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Maguire Properties Inc)
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents or in any other document or certificate delivered by or on behalf of Borrower contains any untrue statement of a material fact or omits to state any material fact fact, to Bxxxxxxx’s knowledge, necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property would reasonably be expected to have or the business, operations or condition (financial or otherwise) of Borrowerdoes have a Material Adverse Effect.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Operating Lessee Collateral, the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not materially misleading. There is no material fact presently known to Borrower and related to the Loan, the Property, Borrower, Manager, Guarantor or any Affiliate of any such Person which has not been disclosed which could reasonably be expected to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerhave a Material Adverse Effect.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Collateral, the Property or the business, operations or condition (financial or otherwise) of Borrower., Owner or Guarantor.
Appears in 1 contract
Samples: Mezzanine Loan Agreement
Full and Accurate Disclosure. No statement of fact made by Borrower Borrowers in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.not
Appears in 1 contract
Samples: Loan Agreement (Generation Income Properties, Inc.)
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which that has not been disclosed to Lender which that adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property (or any portion thereof) or the business, operations or condition (financial or otherwise) of BorrowerBorrower or Guarantor.
Appears in 1 contract
Samples: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust V, Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.been
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by Borrower or Guarantor in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of BorrowerBorrower or Guarantor.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, affects the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 1 contract
Samples: Loan Agreement (Taubman Centers Inc)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the any Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which that has not been disclosed to Lender which that adversely affects, nor or as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 1 contract
Samples: Loan Agreement (Eagle Hospitality Properties Trust, Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement Promissory Note or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 1 contract
Samples: Promissory Note (FX Real Estate & Entertainment Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed related to Lender which adversely affectsBorrower, nor as far as Borrower can foreseeSenior Borrower, might adversely affectGuarantor, the Collateral or any Individual Property or the business, operations or condition (financial or otherwise) of Borrowerwhich is reasonably expected to have a Material Adverse Effect.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein therein, in light of the circumstances in which they were made, not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respect. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property has or the business, operations or condition (financial or otherwise) of Borrowercould reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borroweris reasonably likely to result in a Material Adverse Effect.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by the Borrower in this Agreement or in any of the other Loan Documents Document contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein in light of the circumstances in which they were made, not misleading. There is no material fact or circumstance presently known to the Borrower which that has not been disclosed to the Lender which materially and adversely affects, nor as far as Borrower can foresee, might adversely affect, affects the Property Program or the business, operations or financial condition (financial or otherwise) business prospects of the Borrower or the Borrower’s ability to meet its obligations under this Agreement in a timely manner.
Appears in 1 contract
Samples: Program Loan Agreement
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not materially misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can reasonably foresee, might could be reasonably expected to materially and adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by any Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respect. There is no material fact presently known to any Borrower which has not been disclosed to Lender Administrative Agent which adversely affectswould have or could reasonably be expected to cause a Material Adverse Effect or, nor solely as far as Borrower can foreseeof the Closing Date and the Extension Effective Date, might adversely affect, the a Material Property or the business, operations or condition (financial or otherwise) of BorrowerEvent.
Appears in 1 contract
Samples: Revolving Credit Agreement (FelCor Lodging Trust Inc)
Full and Accurate Disclosure. No To Borrower’s knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerwould have a Material Adverse Effect.
Appears in 1 contract
Samples: Loan and Security Agreement (Hudson Pacific Properties, Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents Document contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to any Borrower which that has not been disclosed to Lender which adversely affects, nor or, as far as any Borrower can foresee, might adversely affect, the Collateral Property or the business, operations or condition (financial or otherwise) of any Borrower.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, or might materially and adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.. 4.1.10
Appears in 1 contract
Samples: Loan Agreement (CaliberCos Inc.)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially adversely affects, nor as far as Borrower can foresee, might or could reasonably be expected to materially adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower, or Guarantor or Indemnitor.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not materially misleading. There is no material fact presently known to Borrower which information that has not been disclosed to Lender which adversely affects, nor as far as Borrower can reasonably foresee, might materially adversely affect, the any Property or the business, operations or condition (financial or otherwise) of Borrower, any Manager or Guarantor.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement Agreement, or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respect. There is no material fact presently known to any Individual Borrower which has not been disclosed to Lender which materially adversely affects, nor as far as Borrower can reasonably foresee, might materially adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 1 contract
Samples: Loan Agreement (Golf Ventures Inc)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of BorrowerBorrower in any material respect.
Appears in 1 contract
Samples: Loan Agreement (Pennsylvania Real Estate Investment Trust)
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement Security Instrument or in any of the other Loan Documents or the Unsecured Indemnity Agreement contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, affects the Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by or on behalf ---------------------------- of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, affects or might adversely affect, the Mortgaged Property or the business, operations or condition (financial or otherwise) of BorrowerBorrower or Guarantor.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respects. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, might or would reasonably be expected to materially and adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.
Appears in 1 contract
Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower or Equity Owner in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower or Equity Owner which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borroweris reasonably likely to result in a Material Adverse Effect with respect to such party.
Appears in 1 contract