No Defaults Under Material Agreements. Neither the Borrower nor any Principal Subsidiary is in default (a) under any material agreement by which it is bound or (b) in respect of any financial commitment or actual or contingent obligation (including obligations under guarantees), except, in each case, to the extent that such default would not have a Material Adverse Effect.
No Defaults Under Material Agreements. Except as listed on Schedule 5.33, with respect to each Material Agreement, no material default by any Loan Party or event which with the giving of notice or the passage of time would be a material default has occurred and, to the knowledge of the Loan Parties, the other party or parties thereto are not in material default thereunder, and each Loan Party, as applicable, has fully and timely performed all its material obligations thereunder. Except as listed on Schedule 5.33, the right, title and interest of such Loan Party thereunder is not subject to any set off or counterclaim or, to the best knowledge of the Loan Parties, any defense or claim, and none of the foregoing been asserted or alleged against such Loan Party. The amount represented by each Loan Party, on behalf of itself, to the Lender, from time to time as owing with respect to any Material Agreement will at such time be the correct amount in all material respects actually owing by such account debtors thereunder.
No Defaults Under Material Agreements. The Administrative Agent shall have received a certificate, dated the Initial Funding Date and signed by the President, a Vice President or a Financial Officer of the Borrower, stating that no event of default, or event or condition that, upon notice, lapse or time or both would, unless cured or waived, become an event of default, has occurred and is continuing under any of the Material Agreements.
No Defaults Under Material Agreements. Except as listed on Schedule 4.2(k), with respect to each Material Agreement, no material default by any Loan Party or Expanded Property Owner or event which with the giving of notice or the passage of time would be a material default has occurred and, to the knowledge of the Loan Parties and the Expanded Property Owners, the other party or parties thereto are not in material default thereunder, and each Loan Party and Expanded Property Owner, as applicable, has fully and timely performed all its material obligations thereunder. The right, title and interest of such Loan Party or Expanded Property Owner thereunder is not subject to any set off or counterclaim or, to the best knowledge of the Loan Parties and the Expanded Property Owners, any defense or claim, and none of the foregoing have been asserted or alleged against such Loan Party or Expanded Property Owner. The amount represented by each Loan Party, on behalf of itself and on behalf of the Expanded Property Owners, to the Lender, from time to time as owing with respect to any Material Agreement will at such time be the correct amount in all material respects actually owing by such account debtors thereunder.
No Defaults Under Material Agreements. The Administrative Agent shall have received a certificate, dated such Subsequent Funding Date and signed by the President, a Vice President or a Financial Officer of the Borrower, stating that the Borrower has no actual knowledge that an event of default, or an event or a condition that, upon notice, lapse or time or both would, unless cured or waived, become an event of default, has occurred and is continuing under any of the Material Agreements. The Administrative Agent shall notify the Borrower and the Lenders of each Subsequent Funding Date, and such notice shall be conclusive and binding. Notwithstanding the foregoing, the obligations of the Bridge Lenders to make Bridge Loans and the Tranche A Revolving Lenders to make Tranche A Revolving Loans hereunder on any Subsequent Funding Date shall not be effective unless each of the foregoing conditions is satisfied (or waived pursuant to Section 9.02) on such Subsequent Funding Date (subject to the proviso to the introductory portion of this Section 4.03) and such Subsequent Funding Date occurs at or prior to 5:00 p.m., New York City time, on the last day of the applicable Availability Period (and, in the event such conditions are not so satisfied or waived or such Subsequent Funding Date does not occur at or prior to such time, the Bridge Commitments and the Tranche A Revolving Commitments shall, except to the extent then funded, terminate at such time).
No Defaults Under Material Agreements. Except as listed on Schedule 5.33, with respect to each Material Agreement, no material default by any Loan Party or the Property Owner or event which with the giving of notice or the passage of time would be a material default has occurred and, to the knowledge of the Loan Parties, the other party or parties thereto are not in material default thereunder, and each Loan Party and the Property Owner, as applicable, has fully and timely performed all its material obligations thereunder. Except as listed on Schedule 5.33, the right, title and interest of such Loan Party or the Property Owner thereunder is not subject to any set off or counterclaim or, to the best knowledge of the Loan Parties, any defense or claim, and none of the foregoing been asserted or alleged against such Loan Party or the Property Owner. The amount represented by each Loan Party, on behalf of itself, to the Lender, from time to time as owing with respect to any Material Agreement will at such time be the correct amount in all material respects actually owing by such account debtors thereunder.
