No Contractual Obligations. Except in connection with its activities as the sole member of Mortgage Borrower and other than the Loan Documents, the Borrower Operating Agreement and the Mortgage Borrower Operating Agreement, as of the date of this Agreement, Borrower is not subject to any Contractual Obligations and has not entered into any agreement, instrument or undertaking by which it or its assets are bound, or has incurred any indebtedness (other than the Loan), and prior to the date of this Agreement, neither Borrower nor any of its Subsidiaries has entered into any Contractual Obligation, or any agreement, instrument or undertaking by which it or its assets are bound or incurred any indebtedness (other than the Loan or the Mortgage Loan (as applicable)).
No Contractual Obligations. Other than the Loan Documents, as of the date of this Agreement, Borrower is not subject to any Contractual Obligations and has not entered into any agreement, instrument or undertaking by which it or its assets are bound, or has incurred any Indebtedness, and prior to the date of this Agreement neither Borrower nor any of its Affiliates has entered into any Contractual Obligation, or any agreement, instrument or undertaking by which it or its assets are bound or incurred any Indebtedness.
No Contractual Obligations. Other than the Loan Documents and the organizational documents of Owner and Borrower, as of the date of this Agreement, Borrower is not subject to any Contractual Obligations and has not entered into any agreement, instrument or undertaking by which it or its assets are bound. All of the representations and warranties in this Article 4 and elsewhere in the Loan Documents (i) shall survive for so long as any portion of the Debt remains owing to Lender and (ii) shall be deemed to have been relied upon by Lender notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf, provided, however, that the representations, warranties and covenants set forth in Section 4.21 shall survive in perpetuity.
No Contractual Obligations. Other than (x) the Facility Documents and any arm’s-length commercial agreements and documents executed by any Borrower-Related Party related thereto or in connection therewith with respect to purchase or sale transactions relating to the SF Properties (in each case that do not violate any other Section of this Agreement (including but not limited to Section 12(r))) and (y) its Governing Documents, as of the date of this Agreement, Borrower (i) is not subject to any Contractual Obligations and has not entered into any agreement, instrument or undertaking by which it or its assets are bound (other than certain service agreements entered into by Borrower and its Independent Manager on or prior to the Closing Date and certain registered agent service agreements entered into by Borrower and its registered agent for service of process), and (ii) has not incurred any Indebtedness, and prior to the date of this Agreement, Borrower has not entered into any Contractual Obligation, or any agreement, instrument or undertaking by which it or its assets are bound or incurred any Indebtedness (other than certain service agreements entered into by Borrower and its Independent Manager on or prior to the Closing Date and certain registered agent service agreements entered into by Borrower and its registered agent for service of process) other than Indebtedness which has been repaid in full.
No Contractual Obligations. Other than the Loan Documents, the organizational documents of Bxxxxxxx, and the organizational documents of Mortgage Borrower, as of the date of this Agreement, Borrower is not bound by any agreement, instrument or undertaking and has no outstanding Indebtedness (other than the Debt and other than as permitted under Section 5.1(a)(vii) hereof).
No Contractual Obligations. As of the Closing Date, neither Borrower nor Mortgage Borrower is subject to any Contractual Obligations and has not entered into any agreement, instrument or undertaking by which it or its assets are bound, or pursuant to which it has incurred any Indebtedness (other than, with respect to Borrower, the Loan Documents and, with respect to Mortgage Loan Borrower, the Mortgage Loan Documents), except as permitted under the Loan Documents and the Mortgage Loan Documents, respectively, and other, with respect to Mortgage Borrower only, than the Union Contract, the Management Agreement, Leases entered into in accordance with the terms of this Agreement and any contract or agreement contemplated by the Approved Annual Budget for the current year approved by Agent in accordance with Section 4.9.5.
No Contractual Obligations. Other than the Loan Documents and the Borrower Operating Agreement, as of the date of this Agreement, Borrower is not subject to any Contractual Obligations in violation of the Loan Documents and has not entered into any agreement, instrument or undertaking by which Borrower or Borrower’s assets in violation of the Loan Documents are bound, or has incurred any indebtedness (other than the Loan and trade and other debt in compliance with Article VI), and prior to the date of this Agreement, Borrower has not entered into any Contractual Obligation in violation of the Loan Documents, or any agreement, instrument or undertaking by which it or its assets are bound in violation of the Loan Documents or incurred any indebtedness (other than the Loan and trade and other debt in compliance with Article VI).
No Contractual Obligations. Other than the Loan Documents, the Mezzanine A Loan Documents, the Mortgage Loan Documents, the Borrower Operating Agreement, Mezzanine A Borrower Operating Agreement and Mortgage Borrower Company Agreement, as of the date of this Agreement, Borrower is not subject to any Contractual Obligations and has not entered into any agreement, instrument or undertaking by which it or its assets are bound, or has incurred any Indebtedness, and prior to the date of this Agreement neither Borrower nor any of its Subsidiaries has entered into any Contractual Obligation, or any agreement, instrument or undertaking by which it or its assets are bound or incurred any Indebtedness.
No Contractual Obligations. Other than the Loan Documents, the Borrower Operating Agreement, the Mezzanine 3 Borrower Operating Agreement, other Contractual Obligations expressly permitted under the terms of the Loan Documents, and Contractual Obligations, not material in the aggregate, that are incidental to its activities as a member of Mezzanine 3 Borrower as of the date of this Agreement, Borrower is not subject to any Contractual Obligations, has not entered into any agreement, instrument or undertaking by which it or its assets are bound, and has not incurred any indebtedness (other than the Loan).
No Contractual Obligations. Other than the Loan Documents, the Borrower Operating Agreement and Mezzanine B Borrower Company Agreement, as of the date of this Agreement, Borrower is not subject to any Contractual Obligations and has not entered into any agreement, instrument or undertaking by which it or its assets are bound (other than certain service agreements entered into by Borrower and its Independent Directors prior to the Closing Date and renewals or replacements thereof and such other agreements, instruments or undertakings that are not material in the aggregate and are immaterial to its activities as a general partner or member of Mezzanine B Borrower), or has incurred any Indebtedness, and prior to the date of this Agreement Borrower has not entered into any Contractual Obligation, or any agreement, instrument or undertaking by which it or its assets are now bound or now subject to any Indebtedness, other than Permitted Indebtedness.
