Common use of No Default; Compliance with Loan Agreement Clause in Contracts

No Default; Compliance with Loan Agreement. The Additional Borrower and each other Borrower covenant, represent and warrant to Agent and each Lender that: (a) Additional Borrower owns fee title to the Additional Project, does not own any other property other than the Additional Project, and has satisfied the other requirements set forth in Section 10.30 of the Loan Agreement. (b) The Additional Project is free from all Hazardous Substances except as disclosed in that certain Phase I Environmental Site Assessment prepared by EBI Consulting dated as of December 6, 2019 (Project No. 1119007656), in the form disclosed to Agent as of the date of the recordation of a Security Instrument against the Additional Project. (c) The Additional Project and all related personal property is free and clear of all liens, charges and encumbrances other than Permitted Encumbrances (as defined in the Loan Agreement) or except as otherwise agreed by Agent in writing. For purposes of clarification, the Security Instrument to be recorded against the Additional Project shall be a "Security Instrument" as defined in the Loan Agreement and the title policy insuring Agent's and the Lenders' lien under such Security Instrument shall be a "Title Policy" as defined in the Loan Agreement. (d) Except as otherwise disclosed to Agent in writing, each of the representations and warranties made by Borrowers pursuant to the Loan Agreement, including, without limitation, those set forth in Article V therein, are true and correct in all material respects with regard to the Additional Borrower. (e) No Event of Default, or event which, with notice or lapse of time or both, could become an Event of Default, has occurred and is continuing under any Loan Document. (f) Additional Borrower has been afforded the opportunity to carefully read this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter and the Indemnity, and to review such documents with an attorney of Additional Borrower's choice before signing this Joinder Agreement. Additional Borrower acknowledges having read and understood the meaning and effect of this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter, and the Indemnity before signing this Joinder Agreement and understands it shall thereafter be bound by the Loan Documents and liable for all Obligations owing by Borrowers under the Loan Documents.

No Default; Compliance with Loan Agreement. The Additional Borrower and each other Borrower covenant, represent and warrant to Agent and each Lender that: (a) Additional Borrower owns fee [fee] title to the Additional ProjectProperty, does not own any other property other than the Additional ProjectProperty, and has satisfied the other requirements set forth in Section 10.30 7.21(b) of the Loan Agreement. (b) The To the best of Additional Project Borrower's knowledge, the Additional Property is free from all Hazardous Substances except as disclosed in that certain Phase I Environmental Site Assessment prepared by EBI Consulting dated as of December 6, 2019 (Project No. 1119007656)[________________________], in the form disclosed to Agent as of the date of the recordation of a Security Instrument Deed of Trust against the Additional ProjectProperty. (c) The Additional Project Property and all related personal property is free and clear of all liens, charges and encumbrances other than Permitted Encumbrances (as defined in the Loan Agreement) or except as otherwise agreed by Agent in writing. For purposes of clarification, the Security Instrument to be recorded against the Additional Project shall be a "Security Instrument" as defined in the Loan Agreement and the title policy insuring Agent's and the Lenders' lien under such Security Instrument shall be a "Title Policy" as defined in the Loan Agreement. (d) Except as otherwise disclosed to Agent in writing, each of the representations and warranties made by Borrowers pursuant to the Loan Agreement, including, without limitation, those set forth in Article V IV therein, are true and correct in all material respects with regard to the Additional Borrower. (e) No no Event of Default, or event which, with notice or lapse of time or both, could become an Event of Default, has occurred and is continuing under any Loan Document. (f) Additional Borrower has been afforded the opportunity to carefully read this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter Letter, and the Indemnity, Environmental Indemnity carefully and to review such documents with an attorney of Additional Borrower's choice before signing this Joinder Agreement. Additional Borrower acknowledges having read and understood the meaning and effect of this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter, and the Environmental Indemnity before signing this Joinder Agreement and understands it shall thereafter be bound by the Loan Documents and liable for all Obligations owing by Borrowers under the Loan Documents.

No Default; Compliance with Loan Agreement. The Additional Borrower and each other Borrower covenant, represent and warrant to Agent and each Lender that: (a) Additional Borrower owns fee title to the Additional ProjectProperty, does not own any other property other than the Additional ProjectProperty, and has satisfied the other requirements set forth in Section 10.30 7.21(b) of the Loan Agreement. (b) The To the best of Additional Project Borrower's knowledge, the Additional Property is free from all Hazardous Substances except as disclosed in that certain Phase I Environmental Site Assessment prepared by EBI Consulting ENVIRON International Corporation dated as of December 6, 2019 March 2012 (Project No. 111900765604-5242GT), in the form disclosed to Agent as of the date of the recordation of a Security Instrument Deed of Trust against the Additional ProjectProperty. (c) The Additional Project Property and all related personal property is free and clear of all liens, charges and encumbrances other than Permitted Encumbrances (as defined in the Loan Agreement) or except as otherwise agreed by Agent in writing. For purposes of clarification, the Security Instrument to be recorded against the Additional Project shall be a "Security Instrument" as defined in the Loan Agreement and the title policy insuring Agent's and the Lenders' lien under such Security Instrument shall be a "Title Policy" as defined in the Loan Agreement. (d) Except as otherwise disclosed to Agent in writing, each of the representations and warranties made by Borrowers pursuant to the Loan Agreement, including, without limitation, those set forth in Article V IV therein, are true and correct in all material respects with regard to the Additional Borrower. (e) No no Event of Default, or event which, with notice or lapse of time or both, could become an Event of Default, has occurred and is continuing under any Loan Document. (f) Additional Borrower has been afforded the opportunity to carefully read this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter Letter, and the Indemnity, Environmental Indemnity carefully and to review such documents with an attorney of Additional Borrower's choice before signing this Joinder Agreement. Additional Borrower acknowledges having read and understood the meaning and effect of this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter, and the Environmental Indemnity before signing this Joinder Agreement and understands it shall thereafter be bound by the Loan Documents and liable for all Obligations owing by Borrowers under the Loan Documents.

No Default; Compliance with Loan Agreement. The Additional Borrower and each other Borrower covenant, represent and warrant to Agent and each Lender that: (a) Additional Borrower owns fee title to the Additional ProjectProperty, does not own any other property other than the Additional ProjectProperty, and has satisfied the other requirements set forth in Section 10.30 7.21(b) of the Loan Agreement. (b) The To the best of Additional Project Borrower's knowledge, the Additional Property is free from all Hazardous Substances (as defined in the Environmental Indemnity) except as disclosed in that certain Phase I Environmental Site Assessment prepared by EBI Consulting Ramboll Environ US Corporation dated as of December 6April, 2019 2015 (Project No. 111900765604-5242IE), in the form disclosed to Agent as of the date of the recordation of a Security Instrument Deed of Trust against the Additional ProjectProperty. (c) The To the best of Additional Project Borrower's knowledge, the Additional Property and all related personal property is free and clear of all liens, charges and encumbrances other than Permitted Encumbrances (as defined in the Loan Agreement) or except as otherwise agreed by Agent in writing. For purposes of clarification, the Security Instrument to be recorded against the Additional Project shall be a "Security Instrument" as defined in the Loan Agreement and the title policy insuring Agent's and the Lenders' lien under such Security Instrument shall be a "Title Policy" as defined in the Loan Agreement. (d) Except as otherwise disclosed to Agent in writing, each of the representations and warranties made by Borrowers pursuant to the Loan Agreement, including, without limitation, those set forth in Article V IV therein, are true and correct in all material respects with regard to the Additional Borrower. (e) No Event of Default, or event which, with notice or lapse of time or both, could become an Event of Default, has occurred and is continuing under any Loan Document. (f) Additional Borrower has been afforded the opportunity to carefully read this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter Letter, and the Indemnity, Environmental Indemnity carefully and to review such documents with an attorney of Additional Borrower's choice before signing this Joinder Agreement. Additional Borrower acknowledges having read and understood the meaning and effect of this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter, and the Environmental Indemnity before signing this Joinder Agreement and understands it shall thereafter be bound by the Loan Documents and liable for all Obligations owing by Borrowers under the Loan Documents.

No Default; Compliance with Loan Agreement. The Additional Borrower and each other Borrower covenant, represent and warrant to Agent and each Lender that: (a) Additional Borrower owns fee title to the Additional ProjectProperty, does not own any other property other than the Additional ProjectProperty, and has satisfied the other requirements set forth in Section 10.30 7.21(b) of the Loan Agreement. (b) The To the best of Additional Project Borrower’s knowledge, the Additional Property is free from all Hazardous Substances except as disclosed in that certain Phase I Environmental Site Assessment prepared by EBI Consulting ENVIRON International Corporation dated as of December 6December, 2019 2012 (Project No. 111900765604-5242GZ), in the form disclosed to Agent as of the date of the recordation of a Security Instrument Deed of Trust against the Additional ProjectProperty. (c) The Additional Project Property and all related personal property is free and clear of all liens, charges and encumbrances other than Permitted Encumbrances (as defined in the Loan Agreement) or except as otherwise agreed by Agent in writing. For purposes of clarification, the Security Instrument Deed of Trust to be recorded against the Additional Project Property shall be a "Security Instrument" “Deed of Trust” as defined in the Loan Agreement and the title policy insuring Agent's ’s and the Lenders' ’ lien under such Security Instrument Deed of Trust shall be a "“Title Policy" ” as defined in the Loan Agreement. Exhibit D to the Loan Agreement is hereby deemed to include reference to such Title Policy and Deed of Trust. (d) Except as otherwise disclosed to Agent in writing, each of the representations and warranties made by Borrowers pursuant to the Loan Agreement, including, without limitation, those set forth in Article V IV therein, are true and correct in all material respects with regard to the Additional Borrower. (e) No Event of Default, or event which, with notice or lapse of time or both, could become an Event of Default, has occurred and is continuing under any Loan Document. (f) Additional Borrower has been afforded the opportunity to carefully read this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter and the IndemnityEnvironmental Indemnity (as such documents may be amended pursuant to the Third Modification Agreement), and to review such documents with an attorney of Additional Borrower's ’s choice before signing this Joinder Agreement. Additional Borrower acknowledges having read and understood the meaning and effect of this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter, and the Environmental Indemnity before signing this Joinder Agreement and understands it shall thereafter be bound by the Loan Documents and liable for all Obligations owing by Borrowers under the Loan Documents.

No Default; Compliance with Loan Agreement. The Additional Borrower and each other Borrower covenant, represent and warrant to Agent and each Lender that: (a) Additional Borrower owns fee title to the Additional ProjectProperty, does not own any other property other than the Additional ProjectProperty, and has satisfied the other requirements set forth in Section 10.30 7.21(b) of the Loan Agreement. (b) The To the best of Additional Project Borrower's knowledge, the Additional Property is free from all Hazardous Substances (as defined in the Unsecured Environmental Indemnity) except as disclosed in that certain Phase I Environmental Site Assessment prepared by EBI Consulting Environ International Corporation dated as of December 6April, 2019 2015 (Project No. 1119007656No.045242IC), in the form disclosed to Agent as of the date of the recordation of a Security Instrument Deed of Trust against the Additional ProjectProperty. (c) The Additional Project Property and all related personal property is free and clear of all liens, charges and encumbrances other than Permitted Encumbrances (as defined in the Loan Agreement) or except as otherwise agreed by Agent in writing. For purposes of clarification, the Security Instrument to be recorded against the Additional Project shall be a "Security Instrument" as defined in the Loan Agreement and the title policy insuring Agent's and the Lenders' lien under such Security Instrument shall be a "Title Policy" as defined in the Loan Agreement. (d) Except as otherwise disclosed to Agent in writing, each of the representations and warranties made by Borrowers pursuant to the Loan Agreement, including, without limitation, those set forth in Article V IV therein, are true and correct in all material respects with regard to the Additional Borrower. (e) No Event of Default, or event which, with notice or lapse of time or both, could become an Event of Default, has occurred and is continuing under any Loan Document. (f) Additional Borrower has been afforded the opportunity to carefully read this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter Letter, and the Indemnity, Environmental Indemnity carefully and to review such documents with an attorney of Additional Borrower's choice before signing this Joinder Agreement. Additional Borrower acknowledges having read and understood the meaning and effect of this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter, and the Environmental Indemnity before signing this Joinder Agreement and understands it shall thereafter be bound by the Loan Documents and liable for all Obligations owing by Borrowers under the Loan Documents.

No Default; Compliance with Loan Agreement. The Additional Borrower, the Other Additional Borrower and each other Borrower covenant, represent and warrant to Agent and each Lender that: (a) Additional Borrower owns fee title to the Additional ProjectProperty, does not own any other property other than the Additional ProjectProperty, and has satisfied the other requirements set forth in Section 10.30 7.21(b) of the Loan Agreement. (b) The To the best of Additional Project Borrower's knowledge, the Additional Property is free from all Hazardous Substances except as disclosed in that certain Phase I Environmental Site Assessment prepared by EBI Consulting dated as of December 6October 29, 2019 2013 prepared by Global Realty Services Group (Project No. 111900765613-16783.2), in the form disclosed to Agent as of the date of the recordation of a Security Instrument Deed of Trust against the Additional ProjectProperty. (c) The Additional Project Property and all related personal property is free and clear of all liens, charges and encumbrances other than Permitted Encumbrances (as defined in the Loan Agreement) or except as otherwise agreed by Agent in writing. For purposes of clarification, the Security Instrument Deed of Trust to be recorded against the Additional Project Property shall be a "Security InstrumentDeed of Trust" as defined in the Loan Agreement and the title policy insuring Agent's and the Lenders' lien under such Security Instrument Deed of Trust shall be a "Title Policy" as defined in the Loan Agreement. Exhibit D to the Loan Agreement is hereby deemed to include reference to such Title Policy and Deed of Trust. (d) Except as otherwise disclosed to Agent in writing, each of the representations and warranties made by Borrowers pursuant to the Loan Agreement, including, without limitation, those set forth in Article V IV therein, are true and correct in all material respects with regard to the Additional Borrower. (e) No Event of Default, or event which, with notice or lapse of time or both, could become an Event of Default, has occurred and is continuing under any Loan Document. (f) Additional Borrower has been afforded the opportunity to carefully read this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter and the IndemnityEnvironmental Indemnity (as such documents have been amended), and to review such documents with an attorney of Additional Borrower's choice before signing this Joinder Agreement. Additional Borrower acknowledges having read and understood the meaning and effect of this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter, and the Environmental Indemnity before signing this Joinder Agreement and understands it shall thereafter be bound by the Loan Documents and liable for all Obligations owing by Borrowers under the Loan Documents.

No Default; Compliance with Loan Agreement. The Additional Borrower, the Other Additional Borrower and each other Borrower covenant, represent and warrant to Agent and each Lender that: (a) Additional Borrower owns fee title to the Additional ProjectProperty, does not own any other property other than the Additional ProjectProperty, and has satisfied the other requirements set forth in Section 10.30 7.21(b) of the Loan Agreement. (b) The To the best of Additional Project Borrower's knowledge, the Additional Property is free from all Hazardous Substances except as disclosed in that certain Phase I Environmental Site Assessment prepared by EBI Consulting dated as of December 6November 22, 2019 2013 prepared by Global Realty Services Group (Project No. 111900765613-17187.1), in the form disclosed to Agent as of the date of the recordation of a Security Instrument Deed of Trust against the Additional ProjectProperty. (c) The Additional Project Property and all related personal property is free and clear of all liens, charges and encumbrances other than Permitted Encumbrances (as defined in the Loan Agreement) or except as otherwise agreed by Agent in writing. For purposes of clarification, the Security Instrument Deed of Trust to be recorded against the Additional Project Property shall be a "Security InstrumentDeed of Trust" as defined in the Loan Agreement and the title policy insuring Agent's and the Lenders' lien under such Security Instrument Deed of Trust shall be a "Title Policy" as defined in the Loan Agreement. Exhibit D to the Loan Agreement is hereby deemed to include reference to such Title Policy and Deed of Trust. (d) Except as otherwise disclosed to Agent in writing, each of the representations and warranties made by Borrowers pursuant to the Loan Agreement, including, without limitation, those set forth in Article V IV therein, are true and correct in all material respects with regard to the Additional Borrower. (e) No Event of Default, or event which, with notice or lapse of time or both, could become an Event of Default, has occurred and is continuing under any Loan Document. (f) Additional Borrower has been afforded the opportunity to carefully read this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter and the IndemnityEnvironmental Indemnity (as such documents have been amended), and to review such documents with an attorney of Additional Borrower's choice before signing this Joinder Agreement. Additional Borrower acknowledges having read and understood the meaning and effect of this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter, and the Environmental Indemnity before signing this Joinder Agreement and understands it shall thereafter be bound by the Loan Documents and liable for all Obligations owing by Borrowers under the Loan Documents.

No Default; Compliance with Loan Agreement. The Additional Borrower and each other Borrower covenant, represent and warrant to Agent and each Lender that: (a) Additional Borrower owns fee title to the Additional ProjectProperty, does not own any other property other than the Additional ProjectProperty, and has satisfied the other requirements set forth in Section 10.30 7.21(b) of the Loan Agreement. (b) The To the best of Additional Project Borrower's knowledge, the Additional Property is free from all Hazardous Substances except as disclosed in that certain Phase I Environmental Site Assessment prepared by EBI Consulting [ENVIRON International Corporation dated as of December 6, 2019 ___________ (Project No. 1119007656______________)], in the form disclosed to Agent as of the date of the recordation of a Security Instrument Deed of Trust against the Additional ProjectProperty. (c) The Additional Project Property and all related personal property is free and clear of all liens, charges and encumbrances other than Permitted Encumbrances (as defined in the 9as define dint he Loan Agreement) or except as otherwise agreed by Agent in writing. For purposes of clarification, the Security Instrument Deed of Trust to be recorded against the Additional Project Property shall be a "Security InstrumentDeed of Trust" as defined in the Loan Agreement and the title policy insuring Agent's and the Lenders' Lender's lien under such Security Instrument Deed of Trust shall be a "Title Policy" as defined in the Loan Agreement. Exhibit D to the Loan Agreement is hereby deemed to include reference to such Title Policy and Deed of Trust. (d) Except as otherwise disclosed to Agent in writing, each of the representations and warranties made by Borrowers pursuant to the Loan Agreement, including, without limitation, those set forth in Article V IV therein, are true and correct in all material respects with regard to the Additional Borrower. (e) No Event of Default, or event which, with notice or lapse of time or both, could become an Event of Default, has occurred and is continuing under any Loan Document. (f) Additional Borrower has been afforded the opportunity to carefully read this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter and the IndemnityEnvironmental Indemnity (as such documents have been amended), and to review such documents document with an attorney of Additional Borrower's choice before signing this Joinder Agreement. Additional Borrower acknowledges having read and understood the meaning and effect of this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter, and the Environmental Indemnity before signing this Joinder Agreement and understands it shall thereafter be bound bounded by the Loan Documents and liable for all Obligations owing owning by Borrowers under the Loan DocumentsDocument.

No Default; Compliance with Loan Agreement. The Additional Borrower and each other Borrower covenant, represent and warrant to Agent and each Lender that: (a) Additional Borrower owns fee title to the Additional ProjectProperty, does not own any other property other than the Additional ProjectProperty, and has satisfied the other requirements set forth in Section 10.30 7.21(b) of the Loan Agreement. (b) The To the best of Additional Project Borrower’s knowledge, the Additional Property is free from all Hazardous Substances except as disclosed in that certain Phase I Environmental Site Assessment prepared by EBI Consulting ENVIRON International Corporation dated as of December 6, 2019 October 2013 (Project No. 111900765604-5242HJ), in the form disclosed to Agent as of the date of the recordation of a Security Instrument Deed of Trust against the Additional ProjectProperty. (c) The Additional Project Property and all related personal property is free and clear of all liens, charges and encumbrances other than Permitted Encumbrances (as defined in the Loan Agreement) or except as otherwise agreed by Agent in writing. For purposes of clarification, the Security Instrument Deed of Trust to be recorded against the Additional Project Property shall be a "Security Instrument" “Deed of Trust” as defined in the Loan Agreement and the title policy insuring Agent's ’s and the Lenders' ’ lien under such Security Instrument Deed of Trust shall be a "“Title Policy" ” as defined in the Loan Agreement. Exhibit D to the Loan Agreement is hereby deemed to include reference to such Title Policy and Deed of Trust. (d) Except as otherwise disclosed to Agent in writing, each of the representations and warranties made by Borrowers pursuant to the Loan Agreement, including, without limitation, those set forth in Article V IV therein, are true and correct in all material respects with regard to the Additional Borrower. (e) No Event of Default, or event which, with notice or lapse of time or both, could become an Event of Default, has occurred and is continuing under any Loan Document. (f) Additional Borrower has been afforded the opportunity to carefully read this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter and the IndemnityEnvironmental Indemnity (as such documents have been amended), and to review such documents with an attorney of Additional Borrower's ’s choice before signing this Joinder Agreement. Additional Borrower acknowledges having read and understood the meaning and effect of this Joinder Agreement, the Loan Agreement, the Notes, the Fee Letter, and the Environmental Indemnity before signing this Joinder Agreement and understands it shall thereafter be bound by the Loan Documents and liable for all Obligations owing by Borrowers under the Loan Documents.