Common use of No Fraudulent Intent Clause in Contracts

No Fraudulent Intent. Neither the execution and delivery of this Agreement or any of the other Loan Documents nor the performance of any actions required hereunder or thereunder is being undertaken by the Borrowers or any other Loan Party with or as a result of any actual intent by any of such Persons to hinder, delay or defraud any entity to which any of such Persons is now or will hereafter become indebted. (bb) Transaction in Best Interests of Borrowers; Consideration. The transaction evidenced by this Agreement and the other Loan Documents is in the best interests of the Borrowers and the other Loan Parties and the creditors of such Persons. The direct and indirect benefits to inure to the Borrowers and the other Loan Parties pursuant to this Agreement and the other Loan Documents constitute substantially more than "reasonably equivalent value" (as such term is used in section 548 of the Bankruptcy Code) and "valuable consideration," "fair value," and "fair consideration" (as such terms are used in any applicable state fraudulent conveyance law), in exchange for the benefits to be provided by the Borrowers and the other Loan Parties pursuant to this Agreement and the other Loan Documents, and but for the willingness of the Borrowers to be co-borrowers and of each Guarantor to guaranty the Obligations, the Borrowers would be unable to obtain the financing contemplated hereunder which financing will enable the Borrowers and the other Loan Parties to have available financing to conduct and expand their business. The Borrowers and the other Loan Parties constitute a single integrated financial enterprise and each receives a benefit from the availability of credit under this Agreement to the Borrowers. (cc)

No Fraudulent Intent. Neither the execution and delivery of this Agreement or any of the other Loan Documents nor the performance of any actions required hereunder or thereunder is being undertaken by the Borrowers Borrower, any Guarantor or any other Loan Party of their respective Subsidiaries with or as a result of any actual intent by any of such Persons to hinder, delay or defraud any entity to which any of such Persons is now or will hereafter become indebted. (bb) Transaction in Best Interests of Borrowersthe Borrower and Guarantors; ConsiderationConsideration . The transaction evidenced by this Agreement and the other Loan Documents is in the best interests of the Borrowers Borrower, each Guarantor and their respective Subsidiaries. The Borrower and the other Loan Parties Guarantors are engaged in common business enterprises related to those of the Borrower and each Guarantor will derive substantial direct and indirect benefit from the creditors effectiveness and existence of such Personsthis Agreement. The direct and indirect benefits to inure to the Borrowers Borrower, each Guarantor and the other Loan Parties their respective Subsidiaries pursuant to this Agreement and the other Loan Documents constitute substantially more than "“reasonably equivalent value" ” (as such term is used in section Section 548 of the Bankruptcy Code) and "“valuable consideration," "” “fair value," ” and "“fair consideration" ” (as such terms are used in any applicable state fraudulent conveyance law), in exchange for the benefits to be provided by the Borrowers Borrower, the Guarantors and the other Loan Parties their respective Subsidiaries pursuant to this Agreement and the other Loan Documents, and but for the willingness of the Borrowers to be co-borrowers and of each Guarantor to guaranty the ObligationsLoan, the Borrowers Borrower would be unable to obtain the financing contemplated hereunder which financing will enable the Borrowers Borrower, each Guarantor and the other Loan Parties their respective Subsidiaries to have available financing to conduct and expand their business. The Borrowers and the other Loan Parties constitute a single integrated financial enterprise and each receives a benefit from the availability of credit under this Agreement to the Borrowers. (cc).

No Fraudulent Intent. Neither the execution and delivery of this Agreement or any of the other Loan Documents nor the performance of any actions required hereunder or thereunder is being undertaken by the Borrowers Borrower or any other Loan Party Obligor with or as a result of any actual intent by any of such Persons to hinder, delay or defraud any entity to which any of such Persons is now or will hereafter become indebted. (bbdd) Transaction in Best Interests of BorrowersBorrower and Obligors; Consideration. The transaction evidenced by this Agreement and the other Loan Documents is in the best interests of the Borrowers Borrower and the other Loan Parties Obligors and the creditors of such Persons. The direct and indirect benefits to inure to the Borrowers Borrower and the other Loan Parties Obligors pursuant to this Agreement and the other Loan Documents constitute substantially materially more than "“reasonably equivalent value" ” (as such term is used in section §548 of the Bankruptcy Code) and "“valuable consideration," "” “fair value," ” and "“fair consideration" ” (as such terms are used in any applicable state fraudulent conveyance law), in exchange for the benefits to be provided by the Borrowers Borrower and the other Loan Parties Obligors pursuant to this Agreement and the other Loan Documents, and but for the willingness of the Borrowers to be co-borrowers and of each Guarantor to guaranty the Obligations, the Borrowers Borrower would be unable to obtain the financing contemplated hereunder which financing will enable the Borrowers Borrower and the other Loan Parties Obligors to have available financing to conduct and expand their business. The Borrowers Borrower and the other Loan Parties Obligors constitute a single integrated financial enterprise and each receives a benefit from the availability of credit under this Agreement to the Borrowers. (cc)Borrower.

No Fraudulent Intent. Neither the execution and delivery of this Agreement or any of the other Loan Documents nor the performance of any actions required hereunder or thereunder is being undertaken by the Borrowers Borrower, any Guarantor or any other Loan Party of their respective Subsidiaries with or as a result of any actual intent by any of such Persons to hinder, delay or defraud any entity to which any of such Persons is now or will hereafter become indebted. (bb) Transaction in Best Interests of Borrowers; Consideration. The transaction evidenced by this Agreement and the other Loan Documents is in the best interests of the Borrowers Borrower, each Guarantor and their respective Subsidiaries. The Borrower and the other Loan Parties Guarantors are engaged in common business enterprises related to those of the Borrower and each Guarantor will derive substantial direct and indirect benefit from the creditors effectiveness and existence of such Personsthis Agreement. The direct and indirect benefits to inure to the Borrowers Borrower, each Guarantor and the other Loan Parties their respective Subsidiaries pursuant to this Agreement and the other Loan Documents constitute substantially more than "“reasonably equivalent value" ” (as such term is used in section Section 548 of the Bankruptcy Code) and "“valuable consideration," "” “fair value," ” and "“fair consideration" ” (as such terms are used in any applicable state fraudulent conveyance law), in exchange for the benefits to be provided by the Borrowers Borrower, the Guarantors and the other Loan Parties their respective Subsidiaries pursuant to this Agreement and the other Loan Documents, and but for the willingness of the Borrowers to be co-borrowers and of each Guarantor to guaranty the ObligationsLoan, the Borrowers Borrower would be unable to obtain the financing contemplated hereunder which financing will enable the Borrowers Borrower, each Guarantor and the other Loan Parties their respective Subsidiaries to have available financing to conduct and expand their business. The Borrowers and the other Loan Parties constitute a single integrated financial enterprise and each receives a benefit from the availability of credit under this Agreement to the Borrowers. (cc).

No Fraudulent Intent. Neither the execution and delivery of this Agreement or any of the other Loan Documents nor the performance of any actions required hereunder or thereunder is being undertaken by the Borrowers Borrower, any Guarantor or any other Loan Party Unencumbered Property Subsidiary with or as a result of any actual intent by any of such Persons to hinder, delay or defraud any entity to which any of such Persons is now or will hereafter become indebted. (bb) §6.29 Transaction in Best Interests of BorrowersBorrower; Consideration. The transaction evidenced by this Agreement and the other Loan Documents is in the best interests of the Borrowers Borrower and the other Loan Parties and the creditors of such Personseach Guarantor. The direct and indirect benefits to inure to the Borrowers Borrower and the other Loan Parties Guarantors pursuant to this Agreement and the other Loan Documents constitute substantially more than "“reasonably equivalent value" ” (as such term is used in section §548 of the Bankruptcy Code) and "“valuable consideration," "” “fair value," ” and "“fair consideration" ” (as such terms are used in any applicable state fraudulent conveyance law), in exchange for the benefits to be provided by the Borrowers Borrower and the other Loan Parties Guarantors pursuant to this Agreement and the other Loan Documents, and but for the willingness of the Borrowers to be co-borrowers and of each Guarantor to guaranty the ObligationsLoan, the Borrowers Borrower would be unable to obtain the financing contemplated hereunder which financing will enable the Borrowers Borrower, each Guarantor and the other Loan Parties their respective Subsidiaries to have available financing to conduct and expand their business. The Borrowers and the other Loan Parties constitute a single integrated financial enterprise and each receives a benefit from the availability of credit under this Agreement to the Borrowers. (cc)§

No Fraudulent Intent. Neither the execution and delivery of this Agreement or any of the other Loan Documents nor the performance of any actions required hereunder or thereunder is being undertaken by the Borrowers any Loan Party or any other Loan Party REIT-Qualified Subsidiary with or as a result of any actual intent by any of such Persons to hinder, delay or defraud any entity to which any of such Persons is now or will hereafter become indebted. (bb) §6.29 Transaction in Best Interests of BorrowersLoan Parties; Consideration. The transaction evidenced by this Agreement and the other Loan Documents is in the best interests of the Borrowers each Loan Party and the other Loan Parties and the creditors of such PersonsREIT-Qualified Subsidiary. The direct and indirect benefits to inure to the Borrowers and the other Loan Parties and each REIT-Qualified Subsidiary pursuant to this Agreement and the other Loan Documents constitute substantially more than "“reasonably equivalent value" ” (as such term is used in section §548 of the Bankruptcy Code) and "“valuable consideration," "” “fair value," ” and "“fair consideration" ,” (as such terms are used in any applicable state fraudulent conveyance law), in exchange for the benefits to be provided by the Borrowers and the other Loan Parties and each REIT-Qualified Subsidiary pursuant to this Agreement and the other Loan Documents, and but for the willingness of the Borrowers Parent JV Guarantor and each Subsidiary Guarantor to be co-borrowers guarantee the Loans and other Obligations and Hedge Obligations and the willingness of each REIT-Qualified Subsidiary to pledge its Equity Interests in each Subsidiary Guarantor owned by it pursuant to guaranty the ObligationsPledge and Security Agreement, the Borrowers Loan Parties would be unable to obtain the financing contemplated hereunder from the Lenders and the Lender Hedge Providers, which financing will enable the Borrowers and the other Loan Parties to have available financing to conduct and expand their business. The Borrowers Loan Parties further acknowledge and agree that the other Loan Parties constitute a single integrated financial and common enterprise and that each receives a benefit from the availability of credit under this Agreement to the Borrowers. (cc)Agreement.