Common use of Lessee's Deemed Representation for Each Funding Clause in Contracts

Lessee's Deemed Representation for Each Funding. Each Funding Request by the Lessee shall be deemed a reaffirmation of the Lessee's indemnity obligations in favor of the Indemnitees under the Operative Documents and a representation by the Lessee to the Lessor, the Agent, and the Lenders that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price of the related Land and development, transaction and closing costs in respect of the Leased Property (in the case of the initial Funding on a Closing Date) or amounts that are then due to third parties in respect of the Construction, or amounts paid by the Lessee to third parties in respect of the Construction for which the Lessee has not previously been reimbursed by a Funding (in the case of any Funding), (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations of the Lessee set forth in Section 4.1 are true and correct in all material respects as though made on and as of such Funding Date, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.

Lessee's Deemed Representation for Each Funding. Each Funding Request by the Lessee shall be deemed a reaffirmation of the Lessee's indemnity obligations in favor of the Indemnitees under the Operative Documents and a representation by the Lessee to the Lessor, the Agent, the Lease Participant and the Lenders that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price of the related Land and development, transaction and closing costs in respect of the Leased Property (in the case of the initial Funding on a Closing Date) or amounts that are then the Lessee reasonably believes will be due in the 90 days following such Funding from the Lessee to third parties in respect of the Construction, or amounts paid by the Lessee to third parties in respect of the Construction for which the Lessee has not previously been reimbursed by a Funding (in the case of any Funding), (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations of the Lessee set forth in Section 4.1 are true and correct in all material respects as though made on and as of such Funding Date, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.

Lessee's Deemed Representation for Each Funding. Each Funding Request by the Lessee or the Construction Agent shall be deemed a reaffirmation of the Lessee's indemnity obligations in favor of the Indemnitees under the Operative Documents representation and a representation warranty by the Lessee or the Construction Agent, as the case may be, to the Lessor, the Agent, Agent and the Lenders Funding Parties that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price or ground rent of the related Land Land, and developmentany Building thereon, transaction and closing costs Construction Costs in respect of the Leased Property (in the case of the initial Funding on a Closing Date) or amounts that are then due to third parties in respect of the Construction, or amounts paid by the Lessee Construction Agent, as agent for the Lessor, to third parties in respect of the Construction for which the Lessee Construction Agent has not previously been reimbursed by a Funding (in the case of any Funding), (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations and warranties of CheckFree and the Lessee set forth in Section 4.1 are true and correct in all material respects as though made on and as of such Funding Date, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.

Lessee's Deemed Representation for Each Funding. Each Funding Request by a Lessee or the Lessee Construction Agent shall be deemed a reaffirmation of the each Lessee's indemnity obligations in favor of the Indemnitees under the Operative Documents and a representation by the Lessee and warranty to the Lessor, the Agent, Agent and the Lenders that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price of the related Land Land, and any Building thereon, and development, transaction and closing costs in respect of the Leased Property (in the case of the initial Funding on a Closing Date) or amounts that are then due to third parties in respect of the Construction, or amounts paid by the Lessee Construction Agent to third parties or incurred by the Construction Agent as overhead expenses in respect of the Construction for which the Lessee Construction Agent has not previously been reimbursed by a Funding (in the case of any Funding), (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations and warranties of the Guarantor, DTD and each other Lessee set forth in Section 4.1 are true and correct in all material respects as though made on and as of such Funding Date, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.

Lessee's Deemed Representation for Each Funding. Each Funding Request by a Lessee or the Lessee Construction Agent shall be deemed a reaffirmation of the each Lessee's indemnity obligations in favor of the Indemnitees under the Operative Documents and a representation by the Lessee and warranty to the Lessor, the Agent, Agent and the Lenders that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price or ground rent of the related Land Land, and developmentany Building thereon, transaction and closing costs Construction Costs in respect of the Leased Property (in the case of the initial Funding on a Closing Date) or amounts that are then due to third parties in respect of the Construction, or amounts paid by the Lessee Construction Agent, as agent for the Lessor, to third parties in respect of which the Construction for which the Lessee Agent has not previously been reimbursed by a Funding (in the case of any Funding), (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations and warranties of the Guarantor and each Lessee set forth in Section 4.1 are true and correct in all material respects as though made on and as of such Funding Date, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.

Lessee's Deemed Representation for Each Funding. Each Funding Request by the Lessee Construction Agent shall be deemed a reaffirmation of the each Lessee's indemnity obligations in favor of the Indemnitees under the Operative Documents and a representation by the Lessee Dollar to the Lessor, the Agent, the Lender and the Lenders Liquidity Banks that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price of the related Land and development, transaction and closing costs in respect of the Leased Property (in the case of the initial Funding on a Closing Date, unless no purchase price is payable to the applicable Seller for the related Land) or amounts that are then due from the Construction Agent to third parties in respect of the Construction, or amounts paid by the Lessee Construction Agent to third parties in respect of the Construction for which the Lessee Construction Agent has not previously been reimbursed by a Funding (in the case of any Funding), (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations of the Lessee Lessees set forth in Section 4.1 are true and correct in all material Material respects as though made on and as of such Funding Date, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material Material respects on and as of such earlier date.

Lessee's Deemed Representation for Each Funding. Each Funding ----------------------------------------------- Request by the a Lessee shall be deemed a reaffirmation of the Lessee's indemnity obligations in favor of the Indemnitees under the Operative Documents and a representation by the such Lessee to the Lessor, the Agent, Agent and the Lenders that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price of the related Land Interest and development, transaction and closing development costs in respect of the Leased Property (in the case of the initial Funding on a Closing Date) or amounts that are then such Lessee reasonably believes will be due in the 60 days following such Funding from such Lessee to third parties in respect of the Construction, or amounts paid by the such Lessee to third parties in respect of the Construction for which the such Lessee has not previously been reimbursed by a Funding (in the case of any Funding), (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations of the such Lessee set forth in Section 4.1 are true and correct in ----------- all material respects as though made on and as of such Funding Date, Date except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.

Lessee's Deemed Representation for Each Funding. Each Funding Request by the Lessee Construction Agent shall be deemed a reaffirmation of the each Lessee's indemnity obligations in favor of the Indemnitees under the Operative Documents and a representation by the Lessee Dollar to the Lessor, the Agent, and the Lenders that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price of the related Land and development, transaction and closing costs in respect of the Leased Property (in the case of the initial Funding on a Closing Date) or amounts that are then the Construction Agent reasonably believes will be due in the 90 days following such Funding from the Construction Agent to third parties in respect of the Construction, or amounts paid by the Lessee Construction Agent to third parties in respect of the Construction for which the Lessee Construction Agent has not previously been reimbursed by a Funding (in the case of any Funding), (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations of the Lessee Lessees set forth in Section 4.1 are true and correct in all material Material respects as though made on and as of such Funding Date, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material Material respects on and as of such earlier date.

Lessee's Deemed Representation for Each Funding. Each Funding Request by a Lessee or the Lessee Construction Agent shall be deemed a reaffirmation of the each Guarantor's and each Lessee's indemnity obligations in favor of the Indemnitees under the Operative Documents and a representation by the Lessee and warranty to the Lessor, the Agent, Agent and the Lenders that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price or ground rent of the related Land Land, and developmentany Building thereon, transaction and closing costs Construction Costs in respect of the Leased Property (in the case of the initial Funding on a Closing Date) or amounts that are then due to third parties in respect of the Construction, or amounts paid by the Lessee Construction Agent, as agent for the Lessor, to third parties in respect of the Construction for which the Lessee Construction Agent has not previously been reimbursed by a Funding (in the case of any Funding), (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations and warranties of the each Guarantor and each Lessee set forth in Section 4.1 are true and correct in all material respects as though made on and as of such Funding Date, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.

Lessee's Deemed Representation for Each Funding. Each The ----------------------------------------------- Funding Request by the Lessee shall be deemed a reaffirmation of the Lessee's indemnity obligations in favor of the Indemnitees under the Operative Documents and a representation by the Lessee to the Lessor, the Agent, Agent and the Lenders that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price of the related Land Leased Property and development, transaction and closing costs in respect of the Leased Property (in the case of the initial Funding on a Closing Date) or amounts that are then due to third parties in respect of the Construction, or amounts paid by the Lessee to third parties in respect of the Construction for which the Lessee has not previously been reimbursed by a Funding (in the case of any Funding)Property, (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations of the Lessee set forth in Section 4.1 are true and correct in all material ----------- respects as though made on and as of such Funding Date, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.