Leases and REAs. Borrower shall promptly after receipt thereof deliver to Lender a copy of any notice received with respect to the REAs and the Leases claiming that Borrower is in default in the performance or observance of any of the material terms, covenants or conditions of any of the REAs or the Leases.
Leases and REAs. Mezzanine Borrower shall cause Mortgage Borrower, promptly after receipt thereof, to deliver to Mezzanine Lender a copy of any notice received with respect to the REAs and the Leases claiming that Mortgage Borrower is in default in the performance or observance of any of the material terms, covenants or conditions of any of the REAs or the Leases.
Leases and REAs. Borrower represents that it has heretofore delivered to Lender true, correct and complete copies of all Leases, Ground Leases and REAs and any and all amendments or modifications thereof. No events or circumstances exist which with or without the giving of notice, the passage of time or both, may constitute a default on the part of Borrower or, to the Borrower’s knowledge, any party thereto other than Borrower under any Leases, Ground Leases or REAs. Borrower or its predecessors have complied with and performed all of its or their material construction, improvement and alteration obligations with respect to the Property required as of the date hereof and any other obligations under the REAs, Ground Leases or the Leases that are required as of the date hereof have either been complied with or the failure to comply with the same does not and could not reasonably be expected to have a Material Adverse Effect. The REAs are in full force and effect and neither Borrower nor, to Borrower’s knowledge, any other party to the REAs, is in default thereunder, and to the best of Borrower’s knowledge, there are no conditions which, with the passage of time or the giving of notice, or both, would constitute a default thereunder. The REAs have not been modified, amended or supplemented except as set forth on Schedule IV.
Leases and REAs. Borrower represents that it has heretofore delivered to Lender true and complete copies of the Existing Citibank Lease (and its exhibit, the Amended and Restated Lease) and all REAs, and any and all amendments or modifications thereof, and that Borrower has provided copies of all Current Occupancy Agreements (as defined in the Citibank Lease) provided to Borrower by Citibank under Article 7 of the Citibank Lease. To Borrower's Knowledge, Borrower and its predecessors have complied with and performed all of its or their material construction, improvement and alteration obligations, if any, with respect to the Property required to be performed as of the date hereof and any other obligations under the other REAs or the Citibank Lease that are required to be performed as of the date hereof have either been complied with or the failure to comply with the same does not and could not reasonably be expected to have a Material Adverse Effect.
Leases and REAs. Borrower represents that it has heretofore delivered to Lender true and complete copies of all Leases, Ground Leases and REAs and any and all amendments or modifications thereof. No events or circumstances exist which with or without the giving of notice, the passage of time or both, may constitute a default on the part of Borrower under any Leases, Ground Leases or REAs. Borrower or its predecessors have complied with and performed all of its or their material construction, improvement and alteration obligations with respect to the Property required as of the date hereof and any other obligations under the other REAs, Ground Leases or the Leases that are required as of the date hereof have either been complied with or the failure to comply with the same does not and could not reasonably be expected to have a Material Adverse Effect. The REAs are in full force and effect and neither Borrower nor, to Borrower’s knowledge, any other party to the REAs, is in default thereunder, and to the best of Borrower’s knowledge, there are no conditions which, with the passage of time or the giving of notice, or both, would constitute a default thereunder. The REAs have not been modified, amended or supplemented except as set forth on Schedule IV.
Leases and REAs. Borrower represents that it has heretofore delivered, or caused the applicable Borrowing Base Entity to deliver, to Administrative Agent true and complete copies of all Leases and REAs and any and all amendments or modifications thereof. To Borrower’s knowledge, no events or circumstances exist which with or without the giving of notice, the passage of time or both, may constitute a material default on the part of Borrower or such Borrowing Base Entity under any Leases or REAs except as disclosed on Schedule XVII. To Borrower’s knowledge, Borrower or its predecessors and each Borrowing Base Entity of a Borrowing Base Property or its predecessors have complied with and performed all of its or their material construction, improvement and alteration obligations with respect to each Borrowing Base Property required as of the date hereof and any other obligations under the other REAs or the Leases that are required as of the date hereof have either been complied with or the failure to comply with the same does not and could not reasonably be expected to have a Material Adverse Effect.
Leases and REAs. Copies of any notice received by Mortgage Borrower or Mezzanine Borrower with respect to the REAs and the Leases claiming any default in the performance or observance of any of the material terms, covenants or conditions of any of the REAs or the Leases by either Mortgage Borrower or Mezzanine Borrower shall be promptly delivered to Mezzanine Lender.
Leases and REAs. The Administrative Agent shall have received (i) the current standard lease form used in respect of each of the Initial Collateral Properties; (ii) copies of all Major Leases and operating agreements in respect of each of the Initial Collateral Properties and (iii) in the case of all Major Leases and tenants thereunder, (A) tenant estoppel certificates in form and substance acceptable to the Administrative Agent, provided that tenant estoppel certificates for those Initial Collateral Properties other than the Bxxxxxx Collateral Properties shall not be required for the initial Loans, but shall be delivered no later than April 28, 2000, and that lease and REA estoppels from Service Merchandise at the Service Merchandise Plaza Property will not be required so long as the Borrower uses all reasonable efforts to obtain an estoppel letter from any assignee under the Service Merchandise lease or any successor owner, and (B) upon request of the Administrative Agent and to the extent in the possession of the Borrower, URB, the Management Company or the Owner of the relevant Collateral Property, current, certified financial statements of the tenant and of any guarantor of its obligations. The Administrative Agent shall have received (i) current estoppel letters with respect to those leases and/or operating agreements between BSCP and Sears and (ii) current estoppel letters with respect to reciprocal easement agreements at Bxxxxxx Town Center and Bxxxxxx Plaza Property, in each case, satisfactory in form and substance to the Administrative Agent.
Leases and REAs. Borrower represents that it has heretofore delivered to Lender true and complete copies of all Leases and REAs and any and all amendments or modifications thereof. Except as may be reflected in the Estoppels, events or circumstances exist which with or without the giving of notice, the passage of time or both, may constitute a default on the part of Borrower under any Leases or REAs. Borrower or, to the best of Borrower’s knowledge, its predecessors have complied with and performed all of its or their material construction, improvement and alteration obligations with respect to the Property required as of the date hereof and any other obligations under the other REAs or the Leases that are required as of the date hereof have either been complied with or the failure to comply with the same does not and could not reasonably be expected to have a Material Adverse Effect.
Leases and REAs. Borrower represenxx xxxx xx has heretofore delivered to Lender true and complete copies of all Leases, Ground Leases and REAs and any and all amendments or modifications thereof provided by Bank of America, N.A., the former owner of the Property or otherwise in Borrower's possession. To the best of Borrower's knowledge, no events or circumstances exist which with or without the giving of notice, the passage of time or both, may constitute a default on the part of Borrower under any Leases, Ground Leases or REAs. To the best of Borrower's knowledge, Bank of America, N.A., the former owner of the Property, has complied with and performed all of its material construction, improvement and alteration obligations with respect to the Property required as of the date hereof and any other obligations under the other REAs, Ground Leases or the Leases that are required as of the date hereof have either been complied with or the failure to comply with the same does not and could not reasonably be expected to have a Material Adverse Effect. The REAs are in full force and effect and neither Borrower nor, to Borrower's knowledge, any other party to the REAs, is in default thereunder, and to the best of Borrower's knowledge, there are no conditions which, with the passage of time or the giving of notice, or both, would constitute a default thereunder. The REAs have not been modified, amended or supplemented except as set forth on Schedule IV.