Common use of Mortgages and Deeds of Trust Clause in Contracts

Mortgages and Deeds of Trust. The mortgages and deeds of trust encumbering the properties and assets described in the Registration Statement and the Prospectus (A) are not convertible (in the absence of foreclosure) into an equity interest in the property or asset described therein or in the Company, the Partnership or any Subsidiary, nor does any of the Company, the Partnership or any Subsidiary hold a participating interest therein, (B) except as set forth in the Registration Statement and the Prospectus, are not cross-defaulted to any indebtedness other than indebtedness of the Company or any of the Subsidiaries and (C) are not cross-collateralized to any property not owned by the Company, the Partnership or any of the Subsidiaries. Except for the lender of the non-recourse mortgage loan secured by Columbia Place in Columbia, South Carolina, none of the Company, the Partnership or any of the Subsidiaries has received notice that its respective lenders do not intend to extend the terms of any of the loans encumbering its properties pursuant to the terms thereof.

Appears in 5 contracts

Samples: Sales Agreement (CBL & Associates Properties Inc), Sales Agreement (CBL & Associates Properties Inc), Sales Agreement (CBL & Associates Properties Inc)

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Mortgages and Deeds of Trust. The mortgages and deeds of trust encumbering the properties and assets described in the Registration Statement Statement, the Disclosure Package and the Prospectus (A) are not convertible (in the absence of foreclosure) into an equity interest in the property or asset described therein or in the Company, the Operating Partnership or any Subsidiary, nor does any of the Company, the Operating Partnership or any Subsidiary hold a participating interest therein, (B) except as set forth in the Registration Statement Statement, the Disclosure Package and the Prospectus, are not cross-defaulted cross‑defaulted to any indebtedness other than indebtedness of the Company or any of the Subsidiaries and (C) are not cross-collateralized to any property not owned by the Company, the Operating Partnership or any of the Subsidiaries. Except for the lender of the non-recourse mortgage loan secured by Columbia Place in Columbia, South Carolina, none of the Company, the Operating Partnership or any of the Subsidiaries has received notice that its respective lenders do not intend to extend the terms of any of the loans encumbering its properties pursuant to the terms thereof.

Appears in 1 contract

Samples: Underwriting Agreement (CBL & Associates Properties Inc)

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