Common use of Independent Unit Clause in Contracts

Independent Unit. Except as otherwise disclosed by Borrower in writing to Lender in connection with the application for the Term Loan, each of the following statements in this Section 6.02(o) is true. Each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property not included in such Mortgaged Property or on public or utility easements for the (a) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (b) structural support or (c) the fulfillment of the requirements of any Lease or other agreement affecting such Mortgaged Property. The Borrower, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Each Mortgaged Property is either (a) contiguous to, or (b) benefits from an irrevocable unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. No building or other improvement not located on any Mortgaged Property relies on any part of such Mortgaged Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property for structural support or to furnish to such building or improvement any essential building systems or utilities.

Independent Unit. Except for Permitted Liens and as otherwise disclosed by Borrower on Exhibit AA to this Agreement, or as disclosed in writing to Lender in connection with the application a Title Insurance Policy or Survey for the Term LoanMortgaged Property, each of the following statements in this Section 6.02(o) is true. Each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property Property not included either in such Mortgaged Property or on public or utility easements for the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (bii) structural support support, or (ciii) the fulfillment of the requirements of any Lease or other agreement affecting such Mortgaged Property. The Borrower, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Each Mortgaged Property is either (ax) contiguous to, to or (by) benefits from an irrevocable unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. No building or other improvement not located on any a Mortgaged Property relies on any part of such the Mortgaged Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over such the Mortgaged Property Property, for structural support or to furnish to such building or improvement any essential building systems or utilities.

Independent Unit. Except for Permitted Liens and as otherwise disclosed by Borrower on Exhibit BB to this Agreement, or as disclosed in writing to Lender in connection with the application a Title Insurance Policy or Survey for the Term LoanMortgaged Property, each of the following statements in this Section 6.02(o) is true. Each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property Property not included either in such Mortgaged Property or on public or utility easements for the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (bii) structural support support, or (ciii) the fulfillment of the requirements of any Lease or other agreement affecting such Mortgaged Property. The Borrower, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Each Mortgaged Property is either (ax) contiguous to, to or (by) benefits from an irrevocable unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. No building or other improvement not located on any a Mortgaged Property relies on any part of such the Mortgaged Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over such the Mortgaged Property Property, for structural support or to furnish to such building or improvement any essential building systems or utilities.

Independent Unit. Except for Permitted Liens and as otherwise disclosed by Borrower in writing on EXHIBIT II to Lender in connection with the application for the Term Loanthis Agreement, each of the following statements in this Section 6.02(o) is true. Each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property Mortgaged Property not included in such Mortgaged Property or on public or utility easements for the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (bii) structural support support, or (ciii) the fulfillment of the requirements of any Lease or other agreement affecting such Mortgaged Property. The BorrowerEach Owner, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Each Mortgaged Property is either (ax) contiguous to, to or (by) benefits from an irrevocable unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. No building or other improvement not located on any a Mortgaged Property relies on any part of such the Mortgaged Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over such the Mortgaged Property for structural support or to furnish to such building or improvement any essential building systems or utilities.

Independent Unit. Except for Permitted Liens or as otherwise disclosed by Borrower in writing to Lender in connection with the application a Title Insurance Policy or Survey for the Term LoanMortgaged Property, each of the following statements in this Section 6.02(o) is true. Each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property not included either in such Mortgaged Property or on public or utility easements for the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (bii) structural support support, or (ciii) the fulfillment of the requirements of any Lease or other agreement affecting such Mortgaged Property. The Borrower, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Each Mortgaged Property is either (ax) contiguous to, to or (by) benefits from an irrevocable unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. No building or other improvement not located on any a Mortgaged Property relies on any part of such the Mortgaged Property to fulfill any zoning requirements, building code or other governmental or municipal requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property for structural support or to furnish to such building or improvement any essential building systems or utilities.

Independent Unit. Except for Permitted Liens and as otherwise disclosed by Borrower on Exhibit BB to this Agreement, or as disclosed in writing to Lender in connection with the application a Title Insurance Policy or Survey for the Term LoanMortgaged Property, each of the following statements in this Section 6.02(o) is true. Each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property Property not included either in such Mortgaged Property or on public or utility easements for the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (bii) structural support support, or (ciii) the fulfillment of the requirements of any Lease or other agreement affecting such Mortgaged Property. The Borrowerrelevant Borrower Party, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Each Mortgaged Property is either (ax) contiguous to, to or (by) benefits from an irrevocable unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. No building or other improvement not located on any a Mortgaged Property relies on any part of such the Mortgaged Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over such the Mortgaged Property Property, for structural support or to furnish to such building or improvement any essential building systems or utilities.

Independent Unit. Except for Permitted Liens and as otherwise disclosed by Borrower on Schedule 6 to this Agreement, or as disclosed in writing to Lender in connection with the application a Title Insurance Policy or Survey for the Term LoanMortgaged Property, each of the following statements in this Section 6.02(o) is true. Each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property Property not included either in such Mortgaged Property or on public or utility easements for the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (bii) structural support support, or (ciii) the fulfillment of the requirements of any Lease or other agreement affecting such Mortgaged Property. The Borrower, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Each Mortgaged Property is either (ax) contiguous to, to or (by) benefits from an irrevocable Master Reimbursement Agreement Mid-America unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. No building or other improvement not located on any a Mortgaged Property relies on any part of such the Mortgaged Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over such the Mortgaged Property Property, for structural support or to furnish to such building or improvement any essential building systems or utilities.

Independent Unit. Except for Permitted Liens and as otherwise disclosed by Borrower on ---------------- Exhibit AA to this Agreement, or as disclosed in writing to Lender in connection with the application a Title Insurance Policy or ---------- Survey for the Term LoanMortgaged Property, each of the following statements in this Section 6.02(o) is true. Each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property Property not included either in such Mortgaged Property or on public or utility easements for the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (bii) structural support support, or (ciii) the fulfillment of the requirements of any Lease or other agreement affecting such Mortgaged Property. The Borrower, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Each Mortgaged Property is either (ax) contiguous to, to or (by) benefits from an irrevocable unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. No building or other improvement not located on any a Mortgaged Property relies on any part of such the Mortgaged Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over such the Mortgaged Property Property, for structural support or to furnish to such building or improvement any essential building systems or utilities.

Independent Unit. Except for Permitted Liens and as otherwise disclosed by Borrower on Exhibit BB to this Agreement, or as disclosed in writing to Lender in connection with the application a Title Insurance Policy or Survey for the Term LoanMortgaged Property, each of the following statements in this Section 6.02(o) is true. Each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property Property not included either in such Mortgaged Property or on public or utility easements for the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (bii) structural support support, or (ciii) the fulfillment of the requirements of any Lease or other agreement affecting such Mortgaged Property. The Borrower, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Each Mortgaged Property is either (aA) contiguous to, to or (bB) benefits from an irrevocable unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. No building or other improvement not located on any a Mortgaged Property relies on any part of such the Mortgaged Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over such the Mortgaged Property Property, for structural support or to furnish to such building or improvement any essential building systems or utilities.

Independent Unit. Except for Permitted Liens and as otherwise disclosed by Borrower ---------------- on Exhibit AA to this Agreement, or as disclosed in writing to Lender in connection with the application a Title Insurance Policy or ---------- Survey for the Term LoanMortgaged Property, each of the following statements in this Section 6.02(o) is true. Each Mortgaged Property is an independent unit which does not rely on any drainage, sewer, access, parking, structural or other facilities located on any property Property not included either in such Mortgaged Property or on public or utility easements for the (ai) fulfillment of any zoning, building code or other requirement of any Governmental Authority that has jurisdiction over such Mortgaged Property, (bii) structural support support, or (ciii) the fulfillment of the requirements of any Lease or other agreement affecting such Mortgaged Property. The Borrower, directly or indirectly, has the right to use all amenities, easements, public or private utilities, parking, access routes or other items necessary or currently used for the operation of each Mortgaged Property. All public utilities are installed and operating at each Mortgaged Property and all billed installation and connection charges have been paid in full. Each Mortgaged Property is either (ax) contiguous to, to or (by) benefits from an irrevocable unsubordinated easement permitting access from such Mortgaged Property to a physically open, dedicated public street, and has all necessary permits for ingress and egress and is adequately serviced by public water, sewer systems and utilities. No building or other improvement not located on any a Mortgaged Property relies on any part of such the Mortgaged Property to fulfill any zoning requirements, building code or other requirement of any Governmental Authority that has jurisdiction over such the Mortgaged Property Property, for structural support or to furnish to such building or improvement any essential building systems or utilities.