Common use of Full and Accurate Disclosure Clause in Contracts

Full and Accurate Disclosure. No statement of fact made by any Borrower in any Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower that has not been disclosed to Lender which adversely affects, or, as far as any Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of any Borrower. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower and, to Borrower's knowledge, the Property (i) are true, complete and correct in all material respects, (ii) accurately represent the financial condition of each Borrower and the Property as of the date of such reports, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP consistently applied throughout the periods covered, except as disclosed therein. Borrower does not have any contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower or the Property from that set forth in said financial statements.

Full and Accurate Disclosure. No statement of fact made by any Borrower in any Loan Documents contains any untrue statement of a material fact or intentionally omits to state any material fact necessary to make statements contained therein not misleadingmisleading in any material respect. There is no material fact presently known to any Borrower that has not been disclosed to Lender which materially and adversely affects, or, as far as any Borrower can foresee, might materially and adversely affect, the Property or the business, operations or condition (financial or otherwise) of any Borrower. All To Borrower’s knowledge, all financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in with respect of to Borrower and, to Borrower's knowledge, and the Property (i) are true, complete and correct in all material respects, (ii) accurately represent the financial condition of each Borrower and the Property as of the date of such reports, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP generally accepted accounting principles consistently applied throughout the periods covered, except as disclosed therein. Borrower does not have any has no contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this AgreementDeed of Trust. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower or or, to Borrower’s knowledge, the Property from that set forth in said financial statements.

Full and Accurate Disclosure. No statement of fact made by any Borrower in any Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact relating to Borrower or any Property (as opposed to, by way of example only, real properties in general, the market in which such Property is located or the general economy) presently known to any Borrower that has not been disclosed to Lender which adversely affects, or, as far as any Borrower can foresee, might would reasonably be expected to adversely affect, the any Property or the business, operations operations, performance or condition (financial or otherwise) ), properties or prospects of any Borrower. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower and, to Borrower's knowledge, Borrowers and the Property Properties (i) are true, complete and correct in all material respects, (ii) accurately represent the financial condition of each Borrower and the each Property as of the date of such reports, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP (or a tax basis of accounting) consistently applied throughout the periods covered, except as disclosed therein. No Borrower does not have has any contingent liabilities, liabilities for taxestaxes (other than taxes not yet due and payable), unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower Borrower, or the any Property from that set forth in said financial statements.

Full and Accurate Disclosure. No statement of fact made by Borrower or any Borrower Guarantor in any Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower that has not been disclosed to Lender which adversely affects, or, as far as any Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of any Borrower. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower and, to Borrower's knowledge, and the Property (i) are true, complete and correct in all material respects, (ii) accurately represent the financial condition of each Borrower and the Property as of the date of such reports, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP consistently applied throughout the periods covered, except as disclosed therein; provided, however, that if any financial data is delivered to Lender by any Person other than Borrower, Guarantor or any Affiliate of Borrower or Guarantor, or if such financial data has been prepared by or at the direction of any Person other than Borrower, Guarantor or any Affiliate of Borrower or Guarantor, then the foregoing representations with respect to such financial data shall be to each Borrower’s knowledge, after due inquiry. Borrower does not have any has no contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower or the Property from that set forth in said financial statements.

Full and Accurate Disclosure. No statement of fact made by any Borrower in any Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower that has not been disclosed to Lender which adversely affects, or, as far as any Borrower can foresee, might could reasonably be expected to adversely affect, the Property or the business, operations or condition (financial or otherwise) of any Borrower. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower and, to Borrower's knowledge, and the Property (i) are true, complete and correct in all material respects, (ii) accurately represent the financial condition of each Borrower and the Property as of the date of such reports, and (iii) to the extent audited, reported on, reviewed or prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP consistently applied throughout the periods covered, except as disclosed therein. Borrower does not have any has no known and material contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower or the Property from that set forth in said financial statements. All representations under this Section 4.8 which are solely based on financial data prepared by the seller of the Property which cover a period of time prior to Borrower’s acquisition of the Property on May 3, 2006 shall be limited to the best knowledge of Borrower.

Full and Accurate Disclosure. No statement of fact made by any Borrower in any Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower that has not been disclosed to Lender which adversely affects, or, as far as any Borrower can foresee, might could be reasonably be expected to adversely affect, the Property Property, the Pledged Collateral or the business, operations or condition (financial or otherwise) of any BorrowerBorrower or Owner. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower andBorrower, to Borrower's knowledgeOwner, the Collateral and the Property (i) are true, complete and correct in all material respects, (ii) accurately represent the financial condition of each Borrower Borrower, Owner and the Property as of the date of such reports, and (iii) to the extent audited, reported on, reviewed or prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP consistently applied throughout the periods covered, except as disclosed therein. Neither Borrower does not have nor Owner has any known and material contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement and the Senior Loan Agreement. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower or Borrower, Owner and the Property from that set forth in said financial statements. All representations under this Section 4.8 which are solely based on financial data prepared by the seller of the Property which cover a period of time prior to Owner’s acquisition of the Property on May 3, 2006 shall be limited to the best knowledge of Borrower.

Full and Accurate Disclosure. No statement of fact made by Borrower or any Borrower Guarantor in any Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower that has not been disclosed to Lender Administrative Agent or the Lenders which adversely affectsaffects in any material respect, or, as far as any Borrower can foresee, might adversely affectaffect in any material respect, the Property or the business, operations or condition (financial or otherwise) of any Borrower. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender Administrative Agent in respect of Borrower andor Guarantor, and to Borrower's ’s actual knowledge, the Property (i) are true, complete and correct in all material respects, (ii) accurately represent the financial condition of each Borrower and the Property as of the date of such reports, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP consistently applied throughout the periods covered, except as disclosed therein. Borrower does not have any has no contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this AgreementAgreement or otherwise disclosed to Lender in writing. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower or Borrower, Guarantor, or, to Borrower’s actual knowledge, the Property from that set forth in said financial statements.

Full and Accurate Disclosure. No statement of fact made by any Borrower or Sponsor in any Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower or Sponsor that has not been disclosed to Lender which adversely affects, or, as far as any Borrower or Sponsor can foresee, might adversely affect, the Property Healthcare Facility or the business, operations or condition (financial or otherwise) of Borrower, Sponsor or any BorrowerOperator Party. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower andBorrower, to Borrower's knowledgeSponsor, and the Property Healthcare Facility (i) are true, complete and correct in all material respects, ; (ii) accurately represent the financial condition of each Borrower Borrower, Sponsor and the Property Healthcare Facility as of the date of such reports, ; and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP consistently applied throughout the periods covered, except as disclosed therein. Borrower does not have Neither Credit Party has any contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially material adverse change in the financial condition, operations or business of any Borrower Borrower, Sponsor, or the Property Healthcare Facility from that set forth in said financial statements. Borrower and Sponsor have disclosed to Lender all agreements, instruments and corporate or other restrictions to which Borrower or Sponsor is subject, and all other matters known to Borrower and Sponsor, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

Full and Accurate Disclosure. No statement of fact made by Borrower or any Borrower Guarantor in any Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower that has not been disclosed to Lender which adversely affects, in any material respect, or, as far as any Borrower can foresee, might adversely affect, in any material respect, the Property or the business, operations or condition (financial or otherwise) of any Borrower. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower and, to Borrower's knowledge, and the Property (i) are true, complete and correct in all material respects, (ii) accurately represent the financial condition of each Borrower and the Property as of the date of such reports, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP consistently applied throughout the periods covered, except as disclosed therein. Borrower does not have any has no contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this AgreementAgreement or otherwise disclosed to Lender in writing. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower or the Property from that set forth in said financial statements.

Full and Accurate Disclosure. No statement of fact made by any Borrower of the Borrowers in any Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower that has not been disclosed to Lender which adversely affects, or, as far as any Borrower can foresee, might adversely affect, the Property Individual Properties or the business, operations or condition (financial or otherwise) of any Borrowerof the CNL Affiliates or Intrawest Entities. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower and, to Borrower's knowledge, the Property CNL Affiliates or Intrawest Entities and the Individual Properties (i) are is true, complete and correct in all material respects, (ii) accurately represent represents the financial condition of each Borrower the CNL Affiliates or Intrawest Entities, as the case may be, and the Property Individual Properties as of the date of such reports, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP generally accepted accounting principals consistently applied throughout the periods covered, except as disclosed therein. Borrower does not None of the SPE Parties have any contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower CNL Affiliate or Intrawest Entity or any of the Property Individual Properties from that set forth in said financial statements.

Full and Accurate Disclosure. No statement of fact made by any Borrower Credit Party in any Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower Credit Party that has not been disclosed to Lender which adversely affects, or, as far as any Borrower Credit Party can foresee, might adversely affect, the Property Healthcare Facilities or the business, operations or condition (financial or otherwise) of any BorrowerRHP Party. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower and, to Borrower's knowledge, each RHP Party and the Property Healthcare Facilities (i) are true, complete and correct in all material respects, (ii) accurately represent and fairly present the financial condition condition, results of each Borrower operations and cash flows of the RHP Parties and the Property Healthcare Facilities as of the date of such reportsdates stated therein, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP consistently applied throughout the periods covered, except as disclosed thereindisclosed. Borrower does not have No RHP Party has any contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially material adverse change in the financial condition, operations or business of any Borrower RHP Party or the Property Healthcare Facilities from that set forth in said financial statements. Each Credit Party has disclosed to Lender all agreements, instruments and corporate or other restrictions to which any RHP Party is subject, and all other matters known to any of the Credit Parties, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

Full and Accurate Disclosure. No To Borrowers’ knowledge, no statement of fact made by any Borrower in any Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower that has not been disclosed to Lender which materially adversely affects, or, as far as any Borrower can foresee, might could reasonably be expected to materially adversely affect, the any Property or the business, operations or condition (financial or otherwise) of any Borrower. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower andBorrowers and the Properties, to Borrower's knowledge, the Property Borrowers’ knowledge (i) are true, complete and correct in all material respects, (ii) accurately represent the financial condition of each Borrower and the each Property as of the date of such reports, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP consistently applied throughout the periods covered, except as disclosed therein. Except for the Permitted Encumbrances, no Borrower does not have has any contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower or the any Property from that set forth in said financial statements.

Full and Accurate Disclosure. No statement of fact made by any Borrower in any Loan Documents contains any untrue statement of a material fact or to the knowledge of Borrower omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower that has not been disclosed to Lender which adversely affects, or, as far as any Borrower can reasonably foresee, might adversely affecthave a material adverse effect on, the Property Property, the Pledged Collateral or the business, operations or condition (financial or otherwise) of any Borrower. All financial data, including the audited statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower and, to Borrower's knowledge, and the Property (i) are true, complete and correct in all material respects, (ii) accurately represent the financial condition of each Borrower and the Property as of the date of such reports, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP consistently applied throughout the periods covered, except as disclosed therein. Except as disclosed by such audited statements, Borrower does not have any has no contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower or the Property from that set forth in said financial statements.

Full and Accurate Disclosure. No statement of fact made by any Borrower in any Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower that has not been disclosed to Lender which adversely affects, or, as far as any Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of any Borrower. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower and, to Borrower's knowledge, and the Property (i) are true, complete and correct in all material respects, (ii) accurately represent the financial condition of each Borrower and the Property as of the date of such reports, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP the current accounting system of Borrower, or such other accounting system acceptable to Lender hereunder, consistently applied throughout the periods covered, except as disclosed therein. Borrower does not have any has no contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower or the Property from that set forth in said financial statements.

Full and Accurate Disclosure. No statement of fact made by any Borrower in any Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower that has not been disclosed to Lender which adversely affects, or, as far as any Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of any Borrower. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower andBorrower, to Mortgage Borrower's knowledge, the Collateral and the Property (i) are true, complete and correct in all material respects, (ii) accurately represent the financial condition of each Borrower Borrower, Mortgage Borrower, the Collateral and the Property as of the date of such reports, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP the Approved Accounting Standard consistently applied throughout the periods covered, except as disclosed therein. Borrower does not have any has no contingent liabilities, liabilities for taxes, unusual forward or long-–term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower Borrower, Mortgage Borrower, Collateral or the Property from that set forth in said financial statements.

Full and Accurate Disclosure. No statement of fact made by any Borrower in any Loan Documents with respect to Borrower, Sole Member, Guarantor, Key Principal or Manager contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. To Borrower’s knowledge, no statement of fact made by Borrower in any Loan Documents with respect to the Property contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower that has not been disclosed to Lender which adversely affects, or, as far as any Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of any Borrowerhave a Material Adverse Effect. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower and, to Borrower's knowledge, the Property and Guarantor (ia) are true, complete and correct in all material respects, (iib) accurately represent the financial condition of each Borrower and Guarantor as of the date of such reports, and (c) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP consistently applied throughout the periods covered, except as disclosed therein. To Borrower’s knowledge, all financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of the Property (a) are true, complete and correct in all material respects, (b) accurately represent the financial condition of the Property as of the date of such reports, and (iiic) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP consistently applied throughout the periods covered, except as disclosed therein. Borrower does not have any has no contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower Borrower, Guarantor or the Property from that set forth in said financial statements.

Full and Accurate Disclosure. No statement of fact made by any Borrower in any of the Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower that has not been disclosed to Lender which adversely affects, or, as far as any Borrower can foresee, might adversely affect, the Collateral, the Property or the business, operations or condition (financial or otherwise) of any Borrower. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower and Mortgage Borrower and, to Borrower's ’s knowledge, the Collateral and the Property (i) are true, complete and correct in all material respects, (ii) accurately represent the financial condition of each Borrower Borrower, Mortgage Borrower, the Collateral and the Property Property, as applicable, as of the date of such reports, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP consistently applied throughout the periods covered, except as disclosed therein. Borrower does not have any contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower Borrower, Mortgage Borrower, the Collateral or the Property from that set forth in said financial statements.

Full and Accurate Disclosure. No To Borrower’s knowledge, no statement of fact made by Borrower or any Borrower Guarantor in any of the Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower that has not been disclosed to Lender Administrative Agent and the Lenders which materially adversely affects, or, as far as any Borrower can foreseereasonably determine, might would materially adversely affect, the Property or the business, operations or condition (financial or otherwise) of any Borrower. All financial datadata (if any), including the statements of cash flow and income and operating expense, that have been delivered by Borrower to Lender Administrative Agent in respect of Borrower and, to Borrower's knowledge, and the Property or any Guarantor (ia) are true, complete and correct in all material respects, (iib) accurately represent the financial condition of each Borrower and the Property as of the date of such reports, and (iiic) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP consistently applied throughout the periods covered, except as disclosed therein. Borrower does not have any has no contingent liabilities, liabilities for taxesmaterial Taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of Borrower, any Borrower Guarantor, or the Property from that set forth in said financial statements.

Full and Accurate Disclosure. No To the best of Borrower’s knowledge, no statement of fact made by any Borrower in any Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There To the best of Borrower’s knowledge, there is no material fact presently known to any Borrower that has not been disclosed to Lender which adversely affects, or, as far as any Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of any Borrower. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower and, to Borrower's knowledge, and the Property (i) are true, complete and correct in all material respects, (ii) accurately represent the financial condition of each Borrower and the Property as of the date of such reports, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance with GAAP consistently applied throughout the periods covered, except as disclosed therein. Borrower does not have any has no contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower or the Property from that set forth in said financial statements.

Full and Accurate Disclosure. No statement of fact made by any Borrower or Operating Tenant in any Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained therein not misleading. There is no material fact presently known to any Borrower that has not been disclosed to Lender which materially adversely affects, or, as far as any Borrower can foresee, might is reasonably likely to materially adversely affect, the Property or the business, operations or condition (financial or otherwise) of any BorrowerBorrower or Operating Tenant. All financial data, including the statements of cash flow and income and operating expense, that have been delivered to Lender in respect of Borrower and Operating Tenant and, to Borrower's ’s knowledge, the Property (i) are true, complete and correct in all material respects, (ii) accurately represent the financial condition of each Borrower Borrower, Operating Tenant and the Property as of the date of such reports, and (iii) to the extent prepared by an independent certified public accounting firm, have been prepared in accordance conformity with GAAP consistently applied throughout the periods covered, except as disclosed therein. Neither Borrower does not nor Operating Tenant have any contingent liabilities, liabilities for taxes, unusual forward or long-term commitments, unrealized or anticipated losses from any unfavorable commitments that are known to Borrower or any liabilities or obligations not expressly permitted by this Agreement. Since the date of such financial statements, there has been no materially adverse change in the financial condition, operations or business of any Borrower Borrower, Operating Tenant or the Property from that set forth in said financial statements.