Common use of Liabilities; Litigation Clause in Contracts

Liabilities; Litigation. (1) The financial statements delivered by Borrower and each Borrower Party are true and correct with no material change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting the Project, Borrower or any Borrower Party. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of Borrower, threatened, against the Project, Borrower or any Borrower Party which if adversely determined could have a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan Agreement (Acadia Realty Trust), Acquisition and Project Loan Agreement (Acadia Realty Trust), Loan Agreement (Acadia Realty Trust)

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Liabilities; Litigation. (1a) The financial statements delivered by Borrower and each Borrower Party are true and correct with no material significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting the Project, Borrower or any Borrower Party. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of Borrower, threatened, against the Project, Borrower or any Borrower Party which if adversely determined could have a Material Adverse Effectmaterial adverse effect on such party, the Project or the Loan.

Appears in 4 contracts

Samples: Loan Agreement (Meredith Enterprises Inc), Loan Agreement (Equity Inns Inc), Loan Agreement (Cedar Income Fund LTD /Md/)

Liabilities; Litigation. (1a) The financial statements delivered by Borrower and each Borrower Party are true and correct with no material significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting the any Project, Borrower or any Borrower Party. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of Borrower, threatened, against the any Project, Borrower or any Borrower Party which if adversely determined could have a Material Adverse Effectmaterial adverse effect on such party, such Project or the Loan.

Appears in 3 contracts

Samples: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)

Liabilities; Litigation. (1) The financial statements delivered by Borrower and each Borrower Party are true and correct with no material significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting the Project, Borrower or any Borrower Party. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of Borrower, threatened, against the Project, Borrower or any Borrower Party which if adversely determined could have a Material Adverse Effectmaterial adverse effect on such party, the Project or the Loan.

Appears in 2 contracts

Samples: Loan Agreement (Campus Crest Communities, Inc.), Loan Agreement (Campus Crest Communities, Inc.)

Liabilities; Litigation. (1) The financial statements delivered by Borrower and each Borrower Party are true and correct with no material significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting the Project, Borrower or any Borrower Party. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of Borrower, threatened, against the Project, Borrower or any Borrower Party which if adversely determined could have a Material Adverse Effectmaterial adverse effect on such party, the Project or the Loans.

Appears in 2 contracts

Samples: Construction Loan Agreement, Construction Loan Agreement (Maguire Properties Inc)

Liabilities; Litigation. (1a) The financial statements last delivered by Borrower and each Borrower Party are true and correct with no material significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting the ProjectProjects, Borrower or any Borrower Party. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of Borrower, threatened, against the ProjectProjects, Borrower or any Borrower Party which if adversely determined could have a Material Adverse Effectmaterial adverse effect on such party, a Project or the Loan.

Appears in 2 contracts

Samples: Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement Corp)

Liabilities; Litigation. (1a) The financial statements delivered by Borrower and each Borrower Party Party, if any, are true and correct with no material significant adverse change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting the Project, Borrower or any Borrower Party. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of Borrower, threatened, against the Project, Borrower or any Borrower Party which if adversely determined could have a Material Adverse Effectmaterial adverse effect on such party, the Project or the Loan.

Appears in 1 contract

Samples: Loan Agreement (Columbia Equity Trust, Inc.)

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Liabilities; Litigation. (1a) The financial statements delivered by Borrower and each Borrower Loan Party are true and correct with no material significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting the ProjectProjects, Borrower or any Borrower Loan Party. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of Borrower, threatened, against the ProjectProjects, Borrower or any Borrower Loan Party which if adversely determined could have a Material Adverse Effectmaterial adverse effect on such party, the Project or the Loan. Borrower has delivered to Lender copies of all financial statements of Master Tenant and Subtenant that have been requested by Lender.

Appears in 1 contract

Samples: Loan Agreement (Provident Senior Living Trust)

Liabilities; Litigation. (1a) The financial statements delivered by Borrower and each Borrower Party are true and correct in all material respects with no material significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting the Project, Borrower or any Borrower Party. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of Borrower, threatened, against the Project, Borrower or any Borrower Party which if adversely determined could have a Material Adverse Effectmaterial adverse effect on such party, the Project or the Loan.

Appears in 1 contract

Samples: Loan Agreement (Winston Hotels Inc)

Liabilities; Litigation. (1) The financial statements delivered by Borrower Xxxxxxxx and each Borrower Party are true and correct with no material significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting the Project, Borrower or any Borrower Party. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of Borrower, threatened, against the Project, Borrower or any Borrower Party which if adversely determined could have a Material Adverse Effectmaterial adverse effect on such party, the Project or the Loans.

Appears in 1 contract

Samples: Construction Loan Agreement

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