No Developer Bankruptcy. Developer is not the subject of a bankruptcy proceeding.
No Developer Bankruptcy. No attachments, execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization, receivership or other proceedings are pending or, to the best of Developer's knowledge, threatened against the Developer or any parties affiliated with Developer, nor are any of such proceedings contemplated by Developer or any parties affiliated with Developer. Each of the foregoing representations shall be deemed to be an ongoing representation and warranty. The Developer shall advise the Authority in writing if there is any change pertaining to any matters set forth or referenced in the foregoing representations.
No Developer Bankruptcy. The Developer is not the subject of a current or threatened bankruptcy proceeding. 207. Studies and Reports; Access to the Site for Inspection and Testing. Within the time set forth in the Schedule of Performance, the Agency shall deliver to the Developer a copy of all information in its possession and/or in the possession of the City with respect to the physical and environmental condition of the Site, if any. The Developer shall be permitted to enter onto the Agency Parcels within the first one hundred twenty (120) days after the date of this Agreement for the purpose of obtaining data and making surveys and tests necessary to carry out this Agreement, including the investigation of the physical and environmental condition of the Agency Parcels (the “Tests”). The Developer shall execute a right of entry agreement, in the form provided by the Agency, prior to its In addition, prior to the date that the Agency is required to approve (or disapprove) the physical and environmental condition of the Xxx Xxx Parcel and the J. O. Trust Parcel pursuant to purchase and sale agreements for such Parcels, the Agency shall use good faith efforts to enable the Developer to enter onto the Xxx Xxx Parcel and the J. O. Trust Parcel for the purpose of conducting Tests of such Parcels. Such efforts by the Agency shall include, as needed, a right of entry agreement from the existing owner(s) of the Xxx Xxx Parcel and the J. O. Trust Parcel. Any preliminary investigation or work undertaken on the Site by Developer shall be done at the sole expense of the Developer. Any preliminary investigation or work shall be undertaken only after securing any necessary permits from the appropriate governmental agencies.
No Developer Bankruptcy. Developer is not the subject of a bankruptcy proceeding. 403. Condition of the Marketplace Site/500 S. Anaheim Blvd. Site.
No Developer Bankruptcy. Developer is not the subject of a bankruptcy proceeding. 203. Condition of the Site.
No Developer Bankruptcy. Developer is not the subject of a bankruptcy proceeding. 303. Condition of the Agency Parcels.
No Developer Bankruptcy. Developer is not the subject of a bankruptcy proceeding. Environmental Condition. Developer has provided City with the reports, investigations, studies, results and documents pertaining to the existing or past Environmental Condition of the Site which are within the possession of Developer and/or its tenants or lender, if provided to Developer, and not otherwise provided by City to Developer and Developer has provided the City with that certain Environmental Site Assessment Proposed Westgate Center dated June 23, 2008, prepared by ENVIRON Corporation on behalf of Developer. Until the Closing, Developer shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 206.2 not to be true as of the Closing, immediately give written notice of such fact or condition to City. Such exception(s) to a representation shall not be deemed a breach by Developer hereunder, but shall constitute an exception which City shall have a right to approve or disapprove if City, in its reasonable discretion, determines that such exception would have an effect on the value and/or operation of the Project. If City, acting in its reasonable discretion, elects to close the Escrow following disclosure of such information, Developer’s representations and warranties contained herein shall be deemed to have been made as of the Closing, subject to such exception(s). If, following the disclosure of such information, City elects, acting in its reasonable discretion, to not close the Escrow, then this Agreement and the Escrow shall automatically terminate, and neither party shall have any further rights, obligations or liabilities hereunder. The representations and warranties set forth in this Section 206.2, subject to such exception(s), shall survive the Closing.
No Developer Bankruptcy. No attachments, execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization, receivership or other proceedings are pending or, to Developer’s current actual knowledge, threatened against the Developer or any other parties affiliated with Developer, nor are any of such proceedings contemplated by Developer or any parties affiliated with Developer.
No Developer Bankruptcy. To the best of Developer’s knowledge, Developer is not the subject of a current or threatened bankruptcy proceeding.
No Developer Bankruptcy. Developer is not the subject of any bankruptcy proceeding, and no general assignment or general arrangement for the benefit of creditors or the appointment of a trustee or receiver to take possession of all or substantially all of Developer’s assets has been made. Until the expiration or earlier termination of this Agreement, Developer shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 1.2.2 not to be true, immediately give written Notice of such fact or condition to City. Notwithstanding anything to the contrary in this Agreement, the foregoing representations and warranties shall survive the Closing or earlier termination of this Agreement for a period of twelve (12) months.
