No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 40 contracts
Samples: Credit Agreement (Blue Owl Technology Finance Corp. II), Credit Agreement (AB Private Lending Fund), Credit Agreement (Blue Owl Credit Income Corp.)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no Borrower does not have any knowledge of any Person contemplating the filing of any such petition against it.
Appears in 35 contracts
Samples: Loan Agreement (Lazydays Holdings, Inc.), Loan Agreement (Pacific Oak Strategic Opportunity REIT II, Inc.), Senior Loan Agreement (KBS Strategic Opportunity REIT, Inc.)
No Bankruptcy Filing. The Neither the Borrower nor any Guarantor is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or for the liquidation of all or a major portion of its assets or property, and it the Borrower has no knowledge of any Person contemplating the filing of any such petition against itit or any Guarantor.
Appears in 28 contracts
Samples: Credit Agreement (GTJ Reit, Inc.), Credit Agreement (Modiv Inc.), Credit Agreement (Condor Hospitality Trust, Inc.)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction law or the liquidation of all or a major portion of its assets or propertyproperty (a “Bankruptcy Proceeding”), and it the Borrower has no knowledge of any Person contemplating the filing of any such petition against it. As of the Closing Date, the Borrower has the ability to pay its debts as they become due.
Appears in 27 contracts
Samples: Borrower Loan Agreement, Borrower Loan Agreement, Funding Loan Agreement
No Bankruptcy Filing. The Borrower None of the Borrower, any Obligor or any of their respective Subsidiaries is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it the Borrower has no knowledge of any Person contemplating threatening the filing of any such petition against itany of the Borrower, any Obligor or any of their respective Subsidiaries.
Appears in 22 contracts
Samples: And Term Loan Agreement (Columbia Property Trust, Inc.), Term Loan Agreement (Columbia Property Trust, Inc.), Contribution Agreement (Columbia Property Trust, Inc.)
No Bankruptcy Filing. The Neither the Borrower nor any Guarantor is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or for the liquidation of all or a major portion of its assets or property, and it the Borrower has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 14 contracts
Samples: Credit Agreement (Carter Validus Mission Critical REIT II, Inc.), Credit Agreement (Carter Validus Mission Critical REIT, Inc.), Credit Agreement (Carter Validus Mission Critical REIT II, Inc.)
No Bankruptcy Filing. The Neither Borrower nor Guarantor is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major material portion of its assets or property, and it has no . To the best knowledge of any Borrower, no Person is contemplating the filing of any such petition against itBorrower.
Appears in 14 contracts
Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no . To the best knowledge of any Borrower, no Person is contemplating the filing of any such petition against it.
Appears in 13 contracts
Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)
No Bankruptcy Filing. The Neither Borrower nor any of its Subsidiaries is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against itany of such Persons.
Appears in 11 contracts
Samples: Term Loan Agreement (Inland Real Estate Corp), Credit Agreement (Inland Real Estate Corp), Credit Agreement (Inland Western Retail Real Estate Trust Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its Borrower's assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 8 contracts
Samples: Loan Agreement (Burnham Pacific Properties Inc), Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Ramco Gershenson Properties Trust)
No Bankruptcy Filing. The None of the Borrower or the Guarantors is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no neither the Borrower nor the Guarantors have knowledge of any Person contemplating the filing of any such petition against it.
Appears in 6 contracts
Samples: Term Loan Agreement (Mid-America Apartments, L.P.), Term Loan Agreement (Mid-America Apartments, L.P.), Term Loan Agreement (Mid America Apartment Communities Inc)
No Bankruptcy Filing. The No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has the Borrowers have no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 6 contracts
Samples: Credit Agreement (CoreSite Realty Corp), Credit Agreement (CoreSite Realty Corp), Credit Agreement (CoreSite Realty Corp)
No Bankruptcy Filing. The Borrower is not contemplating either the -------------------- filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its Borrower's assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 5 contracts
Samples: Mezzanine Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against itBorrower.
Appears in 5 contracts
Samples: Credit Agreement (Retail Properties of America, Inc.), Term Loan Agreement (Retail Properties of America, Inc.), Assignment Agreement (Retail Properties of America, Inc.)
No Bankruptcy Filing. The Borrower None of Borrower, Owner or the Guarantors is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against itit or any of such other Persons.
Appears in 5 contracts
Samples: Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction law or the liquidation of all or a major portion of its assets or propertyproperty (a “Bankruptcy Proceeding”), and it Borrower has no knowledge of any Person contemplating the filing of any such petition against it. In addition, neither Borrower nor Sole Member has been a party to, or the subject of a Bankruptcy Proceeding for the past ten (10) years.
Appears in 5 contracts
Samples: Loan Agreement (Hines Global REIT, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)
No Bankruptcy Filing. The None of the Borrower or any Guarantor is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it the Borrower has no knowledge of any Person contemplating the filing of any such petition against itit or any Guarantor.
Appears in 5 contracts
Samples: Assignment and Acceptance Agreement (Republic Property Trust), Master Credit Agreement (JDN Realty Corp), Master Credit Agreement (Entertainment Properties Trust)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no . Borrower does not have knowledge of any Person contemplating the filing of any such petition against it.
Appears in 5 contracts
Samples: Loan Agreement (KBS Real Estate Investment Trust II, Inc.), Loan Agreement (Life Time Fitness Inc), Loan Agreement (Alexanders Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 4 contracts
Samples: Master Credit Agreement (Entertainment Properties Trust), Master Credit Agreement (Entertainment Properties Trust), Master Credit Agreement (Entertainment Properties Trust)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its Borrower's assets or property, and it Borrower has no knowledge Knowledge of any Person contemplating the filing of any such petition against it.
Appears in 4 contracts
Samples: Construction Loan Agreement (Vail Resorts Inc), Construction Loan Agreement (Vail Resorts Inc), Construction Loan Agreement (Vail Resorts Inc)
No Bankruptcy Filing. The No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it . No Borrower has no any knowledge of any Person contemplating the filing of any such petition against it.
Appears in 4 contracts
Samples: Senior Mezzanine Loan Agreement (Gramercy Capital Corp), Senior Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (Gramercy Capital Corp)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 3 contracts
Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, property of Borrower and it Borrower has no knowledge of any Person contemplating the filing of any such petition against itBorrower.
Appears in 3 contracts
Samples: Credit Agreement (Behringer Harvard Multifamily Reit I Inc), Credit Agreement (Smith Charles E Residential Realty Lp), Credit Agreement (Summit Properties Partnership L P)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it Borrower under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its the assets or propertyproperty of Borrower, any member of the Borrower Control Group nor any Operating Company, and it other than with respect to Cliveden and/or Fortress, Borrower has no knowledge of any Person contemplating the filing of any such petition against itany such Entity.
Appears in 3 contracts
Samples: Loan Agreement (Lazard Freres Real Estate Investors LLC), Loan Agreement (Lazard Freres Real Estate Investors LLC), Loan Agreement (Lazard Freres Real Estate Investors LLC)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against itParent or Borrower.
Appears in 3 contracts
Samples: Term Loan Agreement (Kite Realty Group, L.P.), Term Loan Agreement (Kite Realty Group, L.P.), Credit Agreement (Kite Realty Group, L.P.)
No Bankruptcy Filing. The No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its any Borrower's assets or property, and it no Borrower has no any knowledge of any Person contemplating the filing of any such petition against itany Borrower.
Appears in 3 contracts
Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has to Borrower’s Knowledge, no knowledge of any Person is contemplating the filing of any such petition against itBorrower.
Appears in 3 contracts
Samples: Letter of Credit Facility Agreement (Forestar Group Inc.), Term Credit Agreement (CorEnergy Infrastructure Trust, Inc.), Term Credit Agreement (CorEnergy Infrastructure Trust, Inc.)
No Bankruptcy Filing. The Borrower It is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 3 contracts
Samples: Loan Agreement (Colony Resorts LVH Acquisitions LLC), Loan Agreement (Colony Resorts LVH Acquisitions LLC), Loan Agreement (Starwood Hotel & Resorts Worldwide Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction law or the liquidation of all or a major portion of its assets or propertyproperty (a “Bankruptcy Proceeding”), and it Borrower has no knowledge of any Person contemplating the filing of any such petition against it. In addition, neither Borrower nor Sole Member nor any principal nor Affiliate of either has been a party to, or the subject of a Bankruptcy Proceeding for the past ten (10) years.
Appears in 3 contracts
Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction Laws or the liquidation of all or a major portion of its assets or property, property and it Borrower has no knowledge of any Person contemplating the filing of any such petition against itBorrower.
Appears in 3 contracts
Samples: Credit Agreement (Mid America Apartment Communities Inc), Credit Agreement (Mid America Apartment Communities Inc), Credit Agreement (Mid America Apartment Communities Inc)
No Bankruptcy Filing. The No Borrower or General Partner is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it no Borrower or General Partner has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 2 contracts
Samples: Loan Agreement (Prime Retail Lp), Loan Agreement (Prime Retail Lp)
No Bankruptcy Filing. The No Individual Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it no Individual Borrower has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 2 contracts
Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 2 contracts
Samples: Loan Agreement (Wells Real Estate Investment Trust Inc), Loan Agreement (Wells Real Estate Investment Trust Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction Laws or the liquidation of all or a major portion of its assets or property, property of Borrower and it Borrower has no knowledge of any Person contemplating the filing of any such petition against itBorrower.
Appears in 2 contracts
Samples: Credit Agreement (Essex Property Trust Inc), Credit Agreement (United Dominion Realty Trust Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no knowledge Borrower does not have any Knowledge of any Person contemplating the filing of any such petition against itBorrower.
Appears in 2 contracts
Samples: Loan Agreement (Industrial Logistics Properties Trust), Loan Agreement (Industrial Logistics Properties Trust)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it Borrower under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its the assets or propertyproperty of Borrower, any member of the Borrower Control Group nor any Operating Company, and it other than with respect to Cliveden, Borrower has no knowledge of any Person contemplating the filing of any such petition against itany such Entity.
Appears in 2 contracts
Samples: Loan Agreement (Lazard Freres Real Estate Investors LLC), Loan Agreement (Lazard Freres Real Estate Investors LLC)
No Bankruptcy Filing. The Borrower None of the Borrower, any Obligor or any of their respective Subsidiaries is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it the Borrower has no knowledge of any Person contemplating threatening the filing of any such petition against it.any of the Borrower, any Obligor or any of their respective Subsidiaries. (cc)
Appears in 2 contracts
Samples: Term Loan Agreement, Term Loan Agreement
No Bankruptcy Filing. The No Individual Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no nor does any Individual Borrower have any knowledge of any Person contemplating the filing of any such petition against it.
Appears in 2 contracts
Samples: Loan Agreement (Host Marriott L P), Loan Agreement (Host Marriott Corp/)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or propertyproperty of Borrower (except pursuant to a Sponsor Liquidity Event), and it Borrower has no knowledge of any Person contemplating the filing of any such petition against itBorrower.
Appears in 1 contract
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction law or the liquidation of all or a major portion of its assets or propertyproperty (a “Bankruptcy Proceeding”), and it the Borrower has no knowledge of any Person contemplating the filing of any such petition against it.. As of the Closing Date, the Borrower has the ability to pay its debts as they become due. 1404504.docx
Appears in 1 contract
Samples: Borrower Loan Agreement
No Bankruptcy Filing. The Borrower is not contemplating either -------------------- the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction law or the liquidation of all or a major portion of its assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
Samples: Loan Agreement (Saul Centers Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
Samples: Term Loan Agreement (Wellsford Real Properties Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it Borrower under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its Borrower's assets or property, and it Xxxxxxxx has no knowledge of any Person person contemplating the filing of any such petition against itBorrower.
Appears in 1 contract
Samples: Assumption Agreement (Sonesta International Hotels Corp)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction law or the liquidation of all or a major portion of its assets or property, and it has no knowledge of any Person contemplating the filing of any such petition against it.property (a “UBankruptcy Proceedin... Section 4.1.9
Appears in 1 contract
Samples: Funding Loan Agreement
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has to Borrower’s Knowledge, no knowledge of any Person is contemplating the filing of any such petition against itBorrower or Mortgage Borrower.
Appears in 1 contract
Samples: Mezzanine Loan and Security Agreement (NRI Real Token Inc.)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no knowledge of any Person contemplating the filing of any such petition against it.Borrower
Appears in 1 contract
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it . The Borrower has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it against Borrower under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its Borrower’s assets or property, and it Borrower has no actual knowledge of any Person contemplating the filing of any such petition against itBorrower.
Appears in 1 contract
No Bankruptcy Filing. The No Individual Borrower is not contemplating -------------------- either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its such Individual Borrower's assets or property, and it no Individual Borrower has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no Borrower does not have any actual knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
Samples: Loan Agreement (Corporate Property Associates 16 Global Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its the Borrower's assets or property, and it the Borrower has no knowledge of any Person contemplating that has threatened the filing of any such petition against it.
Appears in 1 contract
No Bankruptcy Filing. The No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its such Borrower's assets or property, and it such Borrower has no knowledge of any Person contemplating the filing of any such petition against itany Borrower.
Appears in 1 contract
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction law or the liquidation of all or a major portion of its assets or propertyproperty (a “Bankruptcy Proceeding”), and it Borrower has no knowledge of any Person contemplating the filing of any such petition against it. In addition, neither Borrower nor any principal of Borrower has been a party to, or the subject of a Bankruptcy Proceeding for the past ten years.
Appears in 1 contract
Samples: Loan Agreement (Corporate Property Associates 17 - Global INC)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
No Bankruptcy Filing. The Each Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no each Borrower does not have any knowledge of any Person contemplating the filing of any such petition against itit or any Guarantor and the Properties are not the subject of, and each Borrower and each Guarantor are not a debtor in, any state or federal bankruptcy, insolvency or similar proceeding.
Appears in 1 contract
Samples: Loan Agreement (Ventas Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no Borrower does not have any knowledge of any Person contemplating the filing of any such petition against it.. Page33
Appears in 1 contract
Samples: Loan Agreement
No Bankruptcy Filing. The Borrower is not contemplating -------------------- either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its the Borrower's assets or property, and it the Borrower has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
Samples: Term Loan Agreement (Polyphase Corp)
No Bankruptcy Filing. The No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it . No Borrower has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
Samples: Management Agreement (American Casino & Entertainment Properties LLC)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it Borrower has no knowledge of any Person person or entity contemplating the filing of any such petition against it.
Appears in 1 contract
Samples: Loan and Security Agreement (Medical Discoveries Inc)
No Bankruptcy Filing. The No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it no Borrower has no any knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no . Borrower does not have knowledge of any Person contemplating the filing of any such petition against it. During the ten-year period preceding the Closing Date, no petition in bankruptcy has been filed by or against Borrower.
Appears in 1 contract
Samples: Loan Agreement (Empire Resorts Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction law or the liquidation of all or a major portion of its assets or property, and it the Borrower has no knowledge of any Person person contemplating the filing of any such petition against it. As of the Closing Date, the Borrower has the ability to pay its debts as they become due.
Appears in 1 contract
Samples: Program Loan Agreement
No Bankruptcy Filing. The Borrower is not contemplating either the -------------------- filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no . To the best knowledge of any Borrower, no Person is contemplating the filing of any such petition against it.
Appears in 1 contract
Samples: Credit Agreement (Capital Trust)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it . Borrower has no knowledge of not received written notice that any Person is contemplating the filing of any such petition against it.
Appears in 1 contract
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its the Borrower's assets or propertyProperty, and it the Borrower has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
Samples: Credit Agreement (Forum Group Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it Borrower under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its Borrower's assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against itBorrower.
Appears in 1 contract
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it Borrower under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its Borrower’s assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against itBorrower.
Appears in 1 contract
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it Borrower under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its the assets or propertyproperty of Borrower, any member of the Borrower Control Group or any Operating Company, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against itany such Entity.
Appears in 1 contract
Samples: Loan Agreement (Lf Strategic Realty Investors Ii L P)
No Bankruptcy Filing. The None of Borrower, Borrower Parents, Manager, or Sponsor is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its such entity’s assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against itit or against Borrower Parents, Manager or Sponsor.
Appears in 1 contract
Samples: Loan and Security Agreement (Hudson Pacific Properties, Inc.)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it or on behalf of any Property Owner under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no knowledge of any Person contemplating the filing of any such petition against itit or any Property Owner.
Appears in 1 contract
Samples: Second Mezzanine Loan Agreement (Strategic Hotel Capital Inc)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction law or the liquidation of all or a major portion of its assets or propertyproperty (a “Bankruptcy Proceeding”), and it Borrower has no knowledge of any Person contemplating the filing of any such petition against it. In addition, neither Borrower nor Guarantor has been a party to, or the subject of a Bankruptcy Proceeding for the past ten years.
Appears in 1 contract
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction law or the liquidation of all or a major portion of its assets or property, and it has no knowledge of any Person contemplating the filing of any such petition against it.all
Appears in 1 contract
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no Borrower does not have any knowledge of any Person contemplating the filing of any such petition against it.. 3.1.32
Appears in 1 contract
Samples: Senior Loan Agreement (Pacific Oak Strategic Opportunity REIT, Inc.)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of and has not filed a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of and is not contemplating and has not liquidated its assets or property, Property and it has no Borrower does not have any knowledge of any Person contemplating the filing of having filed any such petition against it.
Appears in 1 contract
No Bankruptcy Filing. The Borrower It is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no knowledge Knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has no knowledge of any Person contemplating the filing of any such petition against it.a
Appears in 1 contract
Samples: Loan Agreement (Uniprop Manufactured Housing Communities Income Fund)
No Bankruptcy Filing. The Borrower is not contemplating either the -------------------- filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction law or the liquidation of all or a major portion of its assets or propertyproperty (a "Bankruptcy Proceeding "), and it Borrower has no knowledge of any Person contemplating the filing of any such petition against it. In addition, neither Borrower nor Sole Member has been the subject of a Bankruptcy Proceeding for the past ten years.
Appears in 1 contract
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction law or the liquidation of all or a major portion of its assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction law, or the liquidation of all or a major any substantial portion of its assets or property, property (except for the sale of one or more business units as contemplated by Section 5.16 below); and it the Borrower has no knowledge Knowledge of any Person contemplating the filing of any such petition against itthe Borrower.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (General Environmental Management, Inc)
No Bankruptcy Filing. The Borrower is not contemplating either -------------------- the filing of a petition by it Borrower under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its Borrower's assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against itBorrower.
Appears in 1 contract
Samples: Loan Agreement (G&l Realty Corp)
No Bankruptcy Filing. The Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction law or the liquidation of all or a major portion of its assets or property, and it Borrower has no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
No Bankruptcy Filing. The No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws of any jurisdiction or the liquidation of all or a major portion of its assets or property, and it has Borrowers have no knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
