No Bankruptcy Filing. No Borrower is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"), and Borrowers have no knowledge of any Person contemplating the filing of any such petition against any Borrower. In addition, no Borrower nor any principal nor Affiliate of any Borrower has been a party to, or the subject of a Bankruptcy Proceeding for the past ten years.
Appears in 5 contracts
Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)
No Bankruptcy Filing. No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"“Bankruptcy Proceeding”), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrower. In addition, no neither Borrower nor any principal nor Affiliate of any Borrower has been a party to, or the subject of a Bankruptcy Proceeding for the past ten years.
Appears in 3 contracts
Samples: Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.), Loan Agreement (Behringer Harvard Reit I Inc), Mezzanine Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.)
No Bankruptcy Filing. No Borrower None of the Borrowers is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDINGBankruptcy Proceeding"), and none of the Borrowers have no has any knowledge of any Person contemplating the filing of any such petition against any Borrower. In addition, no Borrower nor or Borrower Representative or any principal nor or Affiliate of any Borrower or Borrower Representative has been a party to, or the subject subject, of a Bankruptcy Proceeding for the past ten (10) years.
Appears in 2 contracts
Samples: Loan Agreement (Westfield America Inc), Loan Agreement (Westfield America Inc)
No Bankruptcy Filing. No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"“Bankruptcy Proceeding”), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrowerit. In addition, no neither Borrower nor Borrower Representative nor any principal nor Affiliate of any Borrower either has been a party to, or the subject of a Bankruptcy Proceeding for the past ten years.
Appears in 2 contracts
Samples: Loan Agreement (World Wrestling Entertainmentinc), Loan Agreement (TNP Strategic Retail Trust, Inc.)
No Bankruptcy Filing. No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"“Bankruptcy Proceeding”), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrowerit. In addition, no neither Borrower nor the SPE Party nor any principal nor Affiliate of any Borrower either has been a party to, or the subject of a Bankruptcy Proceeding for the past ten seven (7) years.
Appears in 2 contracts
Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)
No Bankruptcy Filing. No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"“Bankruptcy Proceeding”), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrower. In addition, no neither Borrower nor any principal nor or Affiliate of any Borrower has been a party to, or the subject of a Bankruptcy Proceeding for the past ten (10) years.
Appears in 2 contracts
Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)
No Bankruptcy Filing. No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"“Bankruptcy Proceeding”), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrowerit. In addition, no neither Borrower nor any principal Borrower Representative nor Affiliate of any Borrower Guarantor has been a party to, or the subject of a Bankruptcy Proceeding for the past ten years.
Appears in 2 contracts
Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.)
No Bankruptcy Filing. No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"“Bankruptcy Proceeding”), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrowerit. In addition, no neither Borrower nor any SPE Party nor any principal nor Affiliate of any Borrower either has been a party to, or the subject of a Bankruptcy Proceeding for the past ten (10) years.
Appears in 1 contract
No Bankruptcy Filing. No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDINGBankruptcy Proceeding"), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrowerit. In addition, no neither Borrower nor any principal nor Affiliate of any Borrower either has been a party to, or the subject of a Bankruptcy Proceeding for the past ten (10) years.
Appears in 1 contract
Samples: Loan Agreement (First Union Real Estate Equity & Mortgage Investments)
No Bankruptcy Filing. No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its LOAN AGREEMENT, PAGE 15 property (a "BANKRUPTCY PROCEEDING"“Bankruptcy Proceeding”), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrowerit. In addition, no neither Borrower nor any principal Borrower Representative nor Affiliate of any Borrower 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. No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"“Bankruptcy Proceeding”), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrower. In addition, no neither Borrower nor Sole Member nor any principal nor Affiliate of any Borrower or Sole Member has been a party to, or the subject of a Bankruptcy Proceeding for the past ten (10) years.
Appears in 1 contract
No Bankruptcy Filing. No Borrower is contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"), and Borrowers have no knowledge of any Person contemplating the filing of any such petition against any Borrower. In addition, no neither any Borrower nor Borrower Representative nor any principal nor Affiliate of any Borrower or Borrower Representative has been a party to, or the subject of a Bankruptcy Proceeding for the past ten years.
Appears in 1 contract
Samples: Loan Agreement (Lodgian Inc)
No Bankruptcy Filing. No Borrower is not (and no Borrower shall be) contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrower. In addition, no Borrower nor any principal nor Affiliate of any Borrower has been a party to, or the subject of a Bankruptcy Proceeding for the past ten years.
Appears in 1 contract
No Bankruptcy Filing. No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"“Bankruptcy Proceeding”), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrowerit. In addition, no Borrower nor none of Borrower, any principal nor Affiliate Guarantor or any Person Controlling any of any Borrower the foregoing has been a party to, or the subject of a Bankruptcy Proceeding for the past ten (10) years.
Appears in 1 contract
No Bankruptcy Filing. No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrower. In addition, no neither Borrower nor any principal nor Affiliate of any Borrower has been a party to, or the subject of a Bankruptcy Proceeding for the past ten years.
Appears in 1 contract
No Bankruptcy Filing. No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"“Bankruptcy Proceeding”), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrowerit. In addition, no neither Borrower nor Mortgage Borrower nor any principal nor Affiliate of any Borrower either has been a party to, or the subject of a Bankruptcy Proceeding for the past ten years.
Appears in 1 contract
Samples: Mezzanine Loan Agreement
No Bankruptcy Filing. No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrowerit. In addition, no neither Borrower nor SPE Party nor any principal nor Affiliate of any Borrower either has been a party to, or the subject of a Bankruptcy Proceeding for the past ten (10) years.
Appears in 1 contract
No Bankruptcy Filing. No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"“Bankruptcy Proceeding”), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrowerit. In addition, no neither Borrower nor any principal nor Affiliate of any Borrower Sole Member has been a party to, or the subject of a Bankruptcy Proceeding for the past ten (10) years.. 28
Appears in 1 contract
No Bankruptcy Filing. No Borrower is not contemplating either the filing of a petition by it under any state or federal bankruptcy or insolvency law or the liquidation of all or a major portion of its property (a "BANKRUPTCY PROCEEDING"“Bankruptcy Proceeding”), and Borrowers have Borrower has no knowledge of any Person contemplating the filing of any such petition against any Borrowerit. In addition, no Borrower nor any principal nor Affiliate of any Borrower either has been a party to, or the subject of a Bankruptcy Proceeding for the past ten years.
Appears in 1 contract
