Common use of No Breach of Fiduciary Duty Clause in Contracts

No Breach of Fiduciary Duty. No Person currently owning a direct or indirect equity ownership interest in Borrower (nor any past or current affiliate of such Person), has breached any fiduciary duty owed by such Person to any other Person now or previously owning a direct or indirect equity ownership interest in Borrower or in any other prior owner of the Property.

Appears in 7 contracts

Samples: Loan Agreement (American Realty Capital Trust III, Inc.), Loan Agreement (American Realty Capital Trust III, Inc.), Loan Agreement (American Realty Capital Trust III, Inc.)

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No Breach of Fiduciary Duty. No Person currently owning a direct or indirect equity ownership interest in Borrower (nor any past or current affiliate Affiliate of such Person), has breached any fiduciary duty owed by such Person to any other Person now or previously owning a direct or indirect equity ownership interest in Borrower or in any other prior owner of the Property.

Appears in 4 contracts

Samples: Loan Agreement (Independence Realty Trust, Inc), Loan Agreement (Independence Realty Trust, Inc), Loan Agreement (Independence Realty Trust, Inc)

No Breach of Fiduciary Duty. No Person To the best of Borrower’s knowledge, no person or entity currently owning a direct or indirect equity ownership membership or partnership interest in Borrower (nor any past or current affiliate of such Personperson or entity), has breached any fiduciary duty owed by such Person person or entity to any other Person person or entity now or previously owning a direct or indirect equity ownership membership or partnership interest in Borrower or in any other prior owner of the Property.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Resource Real Estate Opportunity REIT, Inc.)

No Breach of Fiduciary Duty. No Person person or entity currently owning a direct or indirect equity ownership membership or partnership interest in Borrower (nor any past or current affiliate of such Personperson or entity), has breached any fiduciary duty owed by such Person person or entity to any other Person person or entity now or previously owning a direct or indirect equity ownership membership or partnership interest in Borrower or in any other prior owner of the Property.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Innovative Micro Technology Inc)

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No Breach of Fiduciary Duty. No Person currently owning a direct or indirect equity ownership interest in Borrower (nor any past or current affiliate of such Person), has breached any fiduciary duty owed by such Person to any other Person now or previously owning a direct or indirect equity ownership interest in Borrower or in any other prior owner of the any Individual Property.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital Trust III, Inc.)

No Breach of Fiduciary Duty. No Person currently owning a direct or indirect equity ownership interest in any Borrower (nor any past or current affiliate of such Person), has breached any fiduciary duty owed by such Person to any other Person now or previously owning a direct or indirect equity ownership interest in any Borrower or in any other prior owner of the Property.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

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