Common use of Litigation; Adverse Effects Clause in Contracts

Litigation; Adverse Effects. (a) To the best of Borrower’s knowledge, there is no Proceeding, pending or threatened, against Borrower or any property of Borrower (including the Property), which, if adversely determined, would result in a Material Adverse Effect. (b) Except as disclosed on Schedule 5.11 hereto, Borrower is not (i) in violation of any applicable law, which violation has a Material Adverse Effect, or (ii) subject to or in default with respect to any Court Order which has a Material Adverse Effect.

Appears in 14 contracts

Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)

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Litigation; Adverse Effects. (a) To the best of Borrower’s Borrowers’ knowledge, there is no Proceedingproceeding, pending or threatened, against any Borrower or any property of Borrower Borrowers (including the PropertyProperties), which, if adversely determined, would result in a Material Adverse Effect, except as disclosed on Schedule 6.11. (b) Except as disclosed on Schedule 5.11 hereto, No Borrower is not (i) in violation of any applicable law, which violation has a Material Adverse Effect, or (ii) subject to or in default with respect to any Court Order court order which has a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan Agreement (KBS Real Estate Investment Trust II, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.), Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

Litigation; Adverse Effects. (a) To the best of Borrower’s knowledge, there is no Proceedingproceeding, pending or threatened, against Borrower or any property of Borrower (including the Property), which, if adversely determined, would result in a Material Adverse Effect, except as disclosed on Schedule 6.11. (b) Except as disclosed on Schedule 5.11 hereto, Borrower is not (i) in violation of any applicable law, which violation has a Material Adverse Effect, or (ii) subject to or in default with respect to any Court Order court order which has a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.), Loan Agreement (KBS Real Estate Investment Trust III, Inc.)

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Litigation; Adverse Effects. (a) To the best of Borrower’s knowledge, there is no Proceedingproceeding, pending or threatened, against Borrower Borrower, Senior Borrower, or any property of Borrower or Senior Borrower (including the Property), which, if adversely determined, would result in a Material Adverse Effect, except as disclosed on Schedule 6.11. (b) Except as disclosed on Schedule 5.11 hereto, Borrower is not (i) in violation of any applicable law, which violation has a Material Adverse Effect, or (ii) subject to or in default with respect to any Court Order court order which has a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

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