Litigation; Adverse Effects. (a) There is no action, suit, Proceeding, governmental investigation or arbitration, at law or in equity, or before or by any Governmental Authority, pending or, to the best of Borrower's knowledge, threatened against Borrower, the REIT or any Portfolio Property, which, if adversely determined, would (i) result in a Material Adverse Effect on Borrower or the REIT, (ii) materially and adversely affect the ability of any party to any of the Loan Documents to perform its obligations thereunder, or (iii) materially and adversely affect the ability of Borrower to perform its obligations contemplated in the Loan Documents.
Appears in 5 contracts
Samples: Term Loan Agreement (Chelsea Property Group Inc), Credit Agreement (Chelsea Gca Realty Inc), Term Loan Agreement (Chelsea Gca Realty Inc)
Litigation; Adverse Effects. (a) There is no action, suit, Proceeding, governmental investigation or arbitration, at law or in equity, or before or by any Governmental Authority, pending or, to the best of Borrower's ’s knowledge, threatened against Borrower, the REIT or any Portfolio Property, which, if adversely determined, would (i) result in a Material Adverse Effect on Borrower or the REIT, (ii) materially and adversely affect the ability of any party to any of the Loan Documents to perform its obligations thereunder, or (iii) materially and adversely affect the ability of Borrower to perform its obligations contemplated in the Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Chelsea Property Group Inc), Credit Agreement (CPG Partners Lp)
Litigation; Adverse Effects. (a) There is no action, suit, Proceedingproceeding, governmental investigation or arbitration, at law or in equity, or before or by any Governmental Authority, pending or, to the best of Borrower's knowledge, threatened against Borrower, the REIT Borrower or any Portfolio Property of Borrower (including any Unencumbered Pool Property), which, if adversely determined, would which (i) result in a Material Adverse Effect on Borrower or the REITBorrower, (ii) materially and adversely affect the ability of any party to any of the Loan Documents to perform its obligations thereunder, or (iii) materially and adversely affect the ability of Borrower to perform its obligations contemplated in the Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Spieker Properties Inc), Credit Agreement (Spieker Properties Inc)
Litigation; Adverse Effects. (a) There is no action, suit, Proceedingproceeding, governmental investigation or arbitration, at law or in equity, or before or by any Governmental Authority, pending or, to the best of Borrower's knowledge, threatened against Borrower, the REIT any Affiliate of Borrower or any Portfolio Property (including any Borrowing Base Property), which, if adversely determined, would which (i) result in a Material Adverse Effect on Borrower or the REITBorrower, (ii) materially and adversely affect the ability of any party to any of the Loan Documents to perform its obligations thereunder, or (iii) materially and adversely affect the ability of Borrower to perform its obligations contemplated in the Loan Documents.
Appears in 1 contract
Litigation; Adverse Effects. (ai) There is no action, suit, Proceedingproceeding, governmental investigation or arbitration, at law or in equity, or before or by any Governmental Authority, pending or, to the best of Borrower's knowledge, threatened against Borrower, the REIT Borrower or any Portfolio Property of Borrower (including any Borrowing Base Property), which, which if adversely determined, determined would (iA) result in a Material Adverse Effect on Borrower or the REITany Borrowing Base Property, (iiB) materially and adversely affect the ability of any party to any of the Loan Documents to perform its obligations thereunder, or (iiiC) materially and adversely affect the ability of Borrower to perform its obligations contemplated in the Loan Documents.
Appears in 1 contract
Samples: Credit Agreement (Prudential Bache Equitec Real Estate Partnership)