No Representation by Trustee or Beneficiary. By accepting or approving anything required to be observed, performed, or fulfilled or to be given to Trustee or Beneficiary pursuant to the Loan Documents, including without limitation, any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, neither Trustee nor Beneficiary shall be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness, or legal effect of the same, or of any term, provision, or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee or Beneficiary.
Appears in 7 contracts
Samples: Credit Agreement (Powersecure International, Inc.), Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.), Credit Agreement (Powersecure International, Inc.)
No Representation by Trustee or Beneficiary. By accepting or approving anything required to be observed, performed, performed or fulfilled or to be given to Trustee or Beneficiary pursuant to this Deed of Trust, the Loan Indenture and the Other Documents, including without limitation, any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, appraisal or insurance policy, neither Trustee nor Beneficiary shall be deemed to have warranted, consented to, to or affirmed the sufficiency, legality, effectiveness, effectiveness or legal effect of the same, or of any term, provision, provision or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee or Beneficiary.
Appears in 4 contracts
Samples: Styrochem U S LTD, Styrochem U S LTD, Styrochem U S LTD
No Representation by Trustee or Beneficiary. By accepting or approving anything required to be observed, performed, performed or fulfilled or to be given to Trustee or Beneficiary pursuant to this Deed of Trust, the Loan Credit Agreement and the Other Documents, including without limitation, any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, appraisal or insurance policy, neither Trustee nor Beneficiary shall be deemed to have warranted, consented to, to or affirmed the sufficiency, legality, effectiveness, effectiveness or legal effect of the same, or of any term, provision, provision or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee or Beneficiary.
Appears in 4 contracts
Samples: Security Agreement and Fixture Filing (Radnor Holdings Corp), Security Agreement and Fixture Filing (Radnor Holdings Corp), Security Agreement and Fixture Filing (Radnor Holdings Corp)
No Representation by Trustee or Beneficiary. By accepting or approving anything required to be observed, performed, performed or fulfilled or to be given to Trustee or Beneficiary pursuant to the Loan Documents, including without limitation, (but not limited to) any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, appraisal or insurance policy, neither Trustee nor Beneficiary shall be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness, effectiveness or legal effect of the same, or of any term, provision, provision or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty warranty, consent or affirmation with respect thereto by Trustee or Beneficiary.
Appears in 3 contracts
Samples: Advanced Micro Devices Inc, Spansion Inc., Spansion Inc.
No Representation by Trustee or Beneficiary. By accepting or approving anything required to be observed, performed, or fulfilled or to be given to Trustee or Beneficiary pursuant to the Loan Documents, including without limitation, any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, neither Trustee nor Beneficiary shall be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness, effectiveness or legal effect of the same, or of any term, provision, or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee or Beneficiary.
Appears in 2 contracts
Samples: Defined Terms (Bluerock Residential Growth REIT, Inc.), Security Agreement and Fixture Filing (TNP Strategic Retail Trust, Inc.)
No Representation by Trustee or Beneficiary. By accepting or approving anything required to be observed, performed, or fulfilled or to be given to Trustee or Beneficiary pursuant to the Loan Documents, including including, without limitation, any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, appraisal or insurance policy, neither Trustee nor Beneficiary shall be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness, effectiveness or legal effect of the same, or of any term, provision, or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee or Beneficiary.
Appears in 2 contracts
Samples: Agreement and Fixture Filing, Industrial Income Trust Inc.
No Representation by Trustee or Beneficiary. By accepting or approving anything required to be observed, performed, performed or fulfilled or to be given to Trustee or Beneficiary pursuant to the Loan Noteholder Documents, including without limitation, (but not limited to) any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, appraisal or insurance policy, neither Trustee nor Beneficiary shall be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness, effectiveness or legal effect of the same, or of any term, provision, provision or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty warranty, consent or affirmation with respect thereto by Trustee or Beneficiary.
Appears in 2 contracts
Samples: Spansion Inc., Spansion Inc.
No Representation by Trustee or Beneficiary. By accepting or approving anything required to be observed, performed, or fulfilled or to be given to Trustee or Beneficiary pursuant to the Loan Documents, including including, without limitation, any officer’s 's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, neither Trustee nor Beneficiary shall be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness, or legal effect of the same, or of any term, provision, or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee or Beneficiary.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Inland Diversified Real Estate Trust, Inc.)
No Representation by Trustee or Beneficiary. By accepting or ------------------------------------------- approving anything required to be observed, performed, or fulfilled or to be given to Trustee or Beneficiary pursuant to the Loan Documents, including without limitation, any officer’s 's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, neither Trustee nor Beneficiary shall be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness, or legal effect of the same, or of any term, provision, or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee or Beneficiary.
Appears in 1 contract
Samples: Cellstar Corp
No Representation by Trustee or Beneficiary. By accepting or approving anything required to be observed, performed, or fulfilled or to be given to Trustee or Beneficiary pursuant to the Loan Documents, including including, without limitation, any officer’s certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, or insurance policy, neither Trustee nor Beneficiary shall be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness, or legal effect of the same, or of any term, provision, or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee or Beneficiary.
Appears in 1 contract
Samples: Indemnity and Guaranty Agreement (Catellus Development Corp)
No Representation by Trustee or Beneficiary. By accepting or ------------------------------------------- approving anything required to be observed, performed, or fulfilled or to be given to Trustee or Beneficiary pursuant to the Loan Documents, including including, without limitation, any officer’s 's certificate, balance sheet, statement of profit and loss or other financial statement, survey, appraisal, appraisal or insurance policy, neither Trustee nor Beneficiary shall be deemed to have warranted, consented to, or affirmed the sufficiency, legality, effectiveness, effectiveness or legal effect of the same, or of any term, provision, or condition thereof, and such acceptance or approval thereof shall not be or constitute any warranty or affirmation with respect thereto by Trustee or Beneficiary.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Cornerstone Realty Income Trust Inc)
