No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons are contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Persons.
Appears in 10 contracts
Samples: Loan Agreement (Glimcher Realty Trust), Loan Agreement (Inland Real Estate Corp), Loan Agreement (Grove Property Trust)
No Bankruptcy Filing. Neither Parent Guarantor, Borrower nor any of its constituent Persons are Borrower’s Subsidiaries is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or any of such constituent Persons.
Appears in 8 contracts
Samples: Senior Credit Agreement (Terreno Realty Corp), Senior Credit Agreement (Terreno Realty Corp), Senior Credit Agreement (Terreno Realty Corp)
No Bankruptcy Filing. Neither the Borrower nor any of its constituent Persons are the Borrower’s Member is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and neither the Borrower nor Borrower’s Member has no knowledge of any Person contemplating the filing of any such petition against it the Borrower, the Borrower’s Member or such constituent Personsthe Borrower’s Manager.
Appears in 7 contracts
Samples: Loan Agreement (Douglas Emmett Inc), Loan Agreement (Douglas Emmett Inc), Loan Agreement (Douglas Emmett Inc)
No Bankruptcy Filing. Neither the Borrower nor any of its constituent Persons are the Guarantors is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and neither the Borrower has no nor the Guarantors have knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsit.
Appears in 6 contracts
Samples: Term Loan Agreement (QualityTech, LP), Credit Agreement (QTS Realty Trust, Inc.), Assignment and Acceptance Agreement (QualityTech, LP)
No Bankruptcy Filing. Neither the Borrower nor any of its constituent Persons are Guarantor is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and the Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsany Guarantor.
Appears in 5 contracts
Samples: Credit Agreement (Gladstone Commercial Corp), Credit Agreement (Gladstone Commercial Corp), Secured Revolving Credit Agreement (Gladstone Commercial Corp)
No Bankruptcy Filing. Neither Borrower nor any of its -------------------- constituent Persons are contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Persons.
Appears in 4 contracts
Samples: Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit)
No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons are Guarantor is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and neither Borrower nor any Guarantor has no any knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsit.
Appears in 3 contracts
Samples: Credit Agreement (CyrusOne Inc.), Term Loan Agreement (Dupont Fabros Technology, Inc.), Credit Agreement (Dupont Fabros Technology, Inc.)
No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons are Guarantor is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and neither Borrower nor Guarantor has no any knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsit.
Appears in 3 contracts
Samples: Credit Agreement (Dupont Fabros Technology, Inc.), Credit Agreement (Dupont Fabros Technology, Inc.), Credit Agreement (Dupont Fabros Technology, Inc.)
No Bankruptcy Filing. Neither No Borrower nor any of its constituent Persons are is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of either Borrower's assets or property, and no Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsit.
Appears in 2 contracts
Samples: Mezzanine Loan Agreement (Hudson Hotels Corp), Mezzanine Loan Agreement (Hudson Hotels Corp)
No Bankruptcy Filing. Neither Borrower nor any None of its constituent Persons are the Owners is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsany Owner.
Appears in 2 contracts
Samples: Loan Agreement (Banyan Strategic Realty Trust), Loan Agreement (Banyan Strategic Realty Trust)
No Bankruptcy Filing. Neither Borrower nor None of the Borrower, any Obligor or any of its constituent Persons are their respective Subsidiaries is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and the Borrower has no knowledge of any Person contemplating the filing of any such petition against it or any of such constituent Persons.
Appears in 2 contracts
Samples: Credit Agreement (Parkway Properties Inc), Credit Agreement (Parkway Properties Inc)
No Bankruptcy Filing. Neither Borrower the Borrower, any Guarantor nor any of its constituent Persons are their respective Subsidiaries is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or for the liquidation of all or a major portion of Borrower's its assets or property, and the Borrower has and the Guarantors have no knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsit.
Appears in 2 contracts
Samples: Bridge Loan Credit Agreement (STORE CAPITAL Corp), Credit Agreement (STORE CAPITAL Corp)
No Bankruptcy Filing. Neither Borrower None of the Borrowers, the Guarantors nor any of its constituent Persons are the Restricted Subsidiaries of any Borrower is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and neither Borrower has no any knowledge of any Person contemplating the filing of any such petition against it or any of such constituent other Persons.
Appears in 2 contracts
Samples: Master Credit Agreement (Howard Hughes Corp), Master Credit Agreement (Howard Hughes Corp)
No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons are has not filed and Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsit.
Appears in 2 contracts
Samples: Fixed Rate Loan Agreement (First Union Real Estate Equity & Mortgage Investments), Rate Loan Agreement (First Union Real Estate Equity & Mortgage Investments)
No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons are the Property Owner has filed or is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's their assets or property, and the Borrower has no knowledge Knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsthe Property Owner.
Appears in 2 contracts
Samples: Mezzanine Construction Loan Agreement (Prime Group Realty Trust), Mezzanine Loan Agreement (Prime Group Realty Trust)
No Bankruptcy Filing. Neither Borrower nor any None of its constituent Persons are Borrower, Manager or Guarantors is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's such entity’s assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsagainst any Borrower, Manager or Guarantors.
Appears in 2 contracts
Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (American Financial Realty Trust)
No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons are Guarantor is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major material portion of Borrower's its assets or property. To the Actual Knowledge of Borrower, and Borrower has no knowledge of any Person is contemplating the filing of any such petition against it Borrower or such constituent PersonsGuarantor.
Appears in 2 contracts
Samples: Loan Agreement (Great Wolf Resorts, Inc.), Loan Agreement (Great Wolf Resorts, Inc.)
No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons are Subsidiary Guarantor is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or any of such constituent Persons.
Appears in 2 contracts
Samples: Credit Agreement (Retail Properties of America, Inc.), Credit Agreement (Retail Properties of America, Inc.)
No Bankruptcy Filing. Neither Borrower nor None of the Borrower, REA or any of its constituent Persons are Guarantor is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and neither the Borrower nor REA has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsany Guarantor.
Appears in 2 contracts
Samples: Revolving Credit Agreement (American Real Estate Investment Corp), Revolving Credit Agreement (American Real Estate Investment Corp)
No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons general or limited partners are contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsgeneral or limited partners.
Appears in 1 contract
No Bankruptcy Filing. Neither the Borrower nor any of its constituent Persons are Subsidiaries is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of the Borrower's or such Subsidiary's assets or property, except the liquidation of any Dormant Subsidiary, and neither the Borrower nor any of its Subsidiaries has no any knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsit.
Appears in 1 contract
Samples: Credit Agreement (Avado Brands Inc)
No Bankruptcy Filing. Neither Borrower None of the Borrowers, the General Partners, the Guarantors nor any of its constituent Persons are the Controlled Subsidiaries of any Borrower is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and neither Borrower has no any knowledge of any Person contemplating the filing of any such petition against it or any of such constituent other Persons.
Appears in 1 contract
Samples: Master Credit Agreement (Wellsford Real Properties Inc)
No Bankruptcy Filing. Neither Mortgage Borrower nor any of its constituent Persons are Borrower is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and Borrower has no does not have any knowledge of any Person contemplating the filing of any such petition against it or such constituent PersonsMortgage Borrower.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Black Creek Diversified Property Fund Inc.)
No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons are Subsidiary is contemplating either the filing of a petition by it under any state state, federal or federal foreign bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrowersuch Person's assets or property, and neither Borrower nor any Subsidiary has no any knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsit.
Appears in 1 contract
Samples: Credit Agreement (Gexa Corp)
No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons are the Other Mortgagors or Affiliate Owners is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws law or the liquidation of all or a major portion of Borrower's assets or its property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it it, any Other Mortgagor or such constituent PersonsAffiliate Owner.
Appears in 1 contract
No Bankruptcy Filing. Neither Borrower, Borrower Parents, Borrower Subsidiary, Affiliate Tenant, nor any of its constituent Persons are Guarantor is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrowersuch entity's assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsagainst Borrower Parents, Borrower Subsidiary, Affiliate Tenant, or Guarantor.
Appears in 1 contract
Samples: Loan and Security Agreement (CNL Hotels & Resorts, Inc.)
No Bankruptcy Filing. Neither Borrower nor any None of its constituent Persons are Borrower, Manager or Guarantors is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrowersuch entity's assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsagainst any Borrower, Manager or Guarantors.
Appears in 1 contract
Samples: Loan and Security Agreement (American Financial Realty Trust)
No Bankruptcy Filing. Neither the Borrower nor any of its constituent Persons are Portfolio Company is contemplating either the filing of a petition by it under any state state, federal or federal foreign bankruptcy or insolvency laws or the liquidation of all or a major portion of the Borrower's ’s or any Portfolio Company’s assets or property, and the Borrower has no does not have any knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsa Portfolio Company.
Appears in 1 contract
Samples: Financing Agreement (Compass Group Diversified Holdings LLC)
No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons are Subsidiaries is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's or such Subsidiary's assets or property, except the liquidation of any Dormant Subsidiary, and neither Borrower nor any of its Subsidiaries has no any knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsit.
Appears in 1 contract
Samples: Credit Agreement (Avado Brands Inc)
No Bankruptcy Filing. Neither Borrower nor any None of its constituent Persons are Borrower, Member, Manager or Guarantor is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrowersuch entity's assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsagainst Member, Borrower, Manager or Guarantor.
Appears in 1 contract
Samples: Loan and Security Agreement (Maguire Properties Inc)
No Bankruptcy Filing. Neither Borrower nor any None of its constituent Persons are the Borrower, the Member, the Property Owner, the Manager or the Guarantor is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or any of such constituent other Persons.
Appears in 1 contract
No Bankruptcy Filing. Neither None of the Borrower nor or any of its constituent Persons are Guarantor is contemplating either the filing of a A petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and the Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsany Guarantor.
Appears in 1 contract
Samples: Master Credit Agreement (Entertainment Properties Trust)
No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons are is not (and no Borrower shall be) contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws law or the liquidation of all or a major portion of Borrower's assets or propertyits property (a "BANKRUPTCY PROCEEDING"), and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Persons.any
Appears in 1 contract
No Bankruptcy Filing. Neither Borrower nor nor, to Borrower's actual knowledge, any of its constituent Persons are contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's assets or property, and Borrower has no actual knowledge of any Person contemplating the filing of any such petition against it or such constituent Persons.
Appears in 1 contract
No Bankruptcy Filing. Neither No Individual Borrower nor any of its constituent Persons are is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of such Individual Borrower's assets or property, and no Individual Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsit.
Appears in 1 contract
Samples: Loan Agreement (Capstar Hotel Co)
No Bankruptcy Filing. Neither Borrower it nor any of its constituent Persons are Subsidiaries is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and Borrower it has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsany of its Subsidiaries.
Appears in 1 contract
No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons are Sponsor is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's ’s assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Persons.
Appears in 1 contract
No Bankruptcy Filing. Neither No Individual Borrower nor or any of its constituent Persons of any Individual Borrower are contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of any Individual Borrower's assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or such constituent Persons.
Appears in 1 contract
No Bankruptcy Filing. Neither Borrower None of the Borrower, the Members nor any of its constituent Persons are the Guarantors is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it or any of such constituent other Persons.
Appears in 1 contract
Samples: Revolving Credit Agreement (Wellsford Real Properties Inc)
No Bankruptcy Filing. Neither Fee Borrower nor any of its constituent Persons are Leasehold Borrower is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and neither Fee Borrower has no nor Leasehold Borrower have any knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsit.
Appears in 1 contract
No Bankruptcy Filing. Neither the Borrower nor any of its constituent Persons are Subsidiaries is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrowersuch Person's assets or property, and neither the Borrower nor any of its Subsidiaries has no any knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsit.
Appears in 1 contract
Samples: Restructuring Agreement (Outsource International Inc)
No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons are Mortgage Borrower is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's its assets or property, and neither Borrower nor Mortgage Borrower has no have any knowledge of any Person contemplating the filing of any such petition against it or such constituent Personsit.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (KBS Strategic Opportunity REIT, Inc.)
No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons are Guarantor is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrowersuch entity's assets or property, and Borrower has no knowledge of any Person contemplating the filing of any such petition against it Borrower or such constituent PersonsGuarantor.
Appears in 1 contract
No Bankruptcy Filing. Neither the Borrower nor any of its constituent Persons are Subsidiaries is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of the Borrower's or such Subsidiary's assets or property, and neither the Borrower nor any of its Subsidiaries has no any knowledge of any Person contemplating the filing of any such petition against it or such constituent Persons.it. (ee)
Appears in 1 contract
No Bankruptcy Filing. Neither Borrower nor any of its constituent Persons are contemplating either the filing of a petition by it against Borrower or against such constituent Persons under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of Borrower's ’s assets or property, and Borrower has no actual knowledge of any Person contemplating the filing of any such petition against it Borrower or such constituent Persons.
Appears in 1 contract
