Common use of Officer’s Certificate of Borrower Clause in Contracts

Officer’s Certificate of Borrower. (i) Together with each delivery of any Financial Statement pursuant to Sections 5.01(a) and (b), an Officer's Certificate of the REIT stating that (A) the executive officer who is the signatory thereto, which officer shall be the chief executive officer or the chief financial officer of the REIT, has reviewed, or caused under his supervision to be reviewed, the terms of this Agreement and the other Loan Documents, and has made, or caused to be made under his supervision, a review in reasonable detail of the transactions and condition of Borrower, the REIT, the Subsidiaries, and the Agreement Parties, during the accounting period covered by such Financial Statements, and that such review has not disclosed the existence during or at the end of such accounting period, and that the signers do not have knowledge of the existence as of the date of the Officer's Certificate, of any condition or event which constitutes an Event of Default or Unmatured Event of Default, or, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action has been taken, is being taken and is proposed to be taken with respect thereto and (B) such Financial Statements have been prepared in accordance with the books and records of the REIT, on a consolidated basis, and fairly present the financial condition of the REIT, on a consolidated basis at the date thereof (and, if applicable subject to normal year-end adjustments) and the results of operations and cash flows, on a consolidated basis, for the period then ended; and (

Officer’s Certificate of Borrower. (i) Together with each delivery of any Financial Statement pursuant to Sections 5.01(a6.1.2 and 6.1.3, (A) and (b), an Officer's Certificate of the REIT Borrower, stating that (A) the executive officer who is the signatory thereto, thereto (which officer shall be the chief executive officer, the chief operating officer or the chief financial officer of the REIT, Borrower) has reviewed, or caused under his supervision to be reviewed, the terms of this Agreement and the other principal Loan Documents, and has made, or caused to be made under his supervision, a review in reasonable detail of the transactions and condition of Borrower, the REIT, the Subsidiaries, Borrower and the Agreement Partieseach Guarantor, during the accounting period covered by such Financial Statements, and that such review has not disclosed the existence during or at the end of such accounting period, and that the signers do not have knowledge of the existence as of the date of the Officer's Certificate, of any condition or event which constitutes an Event of Default or Unmatured Event of Default, or, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action has been taken, is being taken and is proposed to be taken with respect thereto thereto; and (B) a Compliance Certificate demonstrating in reasonable detail (which detail shall include actual calculation and supporting information) compliance during and at the end of such Financial Statements have been prepared in accordance accounting periods with the books and records of the REIT, on a consolidated basis, and fairly present the financial condition of the REIT, on a consolidated basis at the date thereof (and, if applicable subject to normal year-end adjustments) and the results of operations and cash flows, on a consolidated basis, for the period then ended; and (covenants contained in Article IX.

Officer’s Certificate of Borrower. (i) Together with each delivery of any Financial Statement financial statement pursuant to Sections 5.01(asubsection (c) and (b)above, an Officer's ’s Certificate of the REIT REIT, stating that (A) the executive officer who is the signatory thereto, thereto (which officer shall be the chief executive officer, the chief operating officer, the chief financial officer or the chief financial accounting officer of the REIT, ) has reviewed, or caused under his or her supervision to be reviewed, the terms of this Agreement and the other principal Loan Documents, and has made, or caused to be made under his or her supervision, a review in reasonable detail of the transactions and condition of Borrower, the REIT, the Subsidiaries, REIT and the Agreement Parties, Consolidated Entities during the accounting period covered by such Financial Statementsfinancial statements of the REIT and the Consolidated Entities, and that such review has not disclosed the existence during or at the end of such accounting period, and that the signers do not have knowledge of the existence as of the date of the Officer's ’s Certificate, of any condition or event which constitutes an Event of Default or Unmatured Event of Default, or, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action has been taken, is being taken and is proposed to be taken with respect thereto and (B) such Financial Statements have been prepared in accordance with the books and records of the REIT, on a consolidated basis, and fairly present the financial condition of the REIT, on a consolidated basis at the date thereof (and, if applicable subject to normal year-end adjustments) and the results of operations and cash flows, on a consolidated basis, for the period then endedthereto; and (ii) together with each delivery pursuant to subsection (c) above, a Compliance Certificate demonstrating in reasonable detail (which detail shall include actual calculations and such supporting information as Administrative Agent may reasonably require) compliance at the end of such accounting periods with the covenants contained in Article 8.

Officer’s Certificate of Borrower. (i) Together with each delivery of any Financial Statement financial statement pursuant to Sections 5.01(asubsection (c) and (b)above, an Officer's Certificate of the REIT Borrower, stating that (A) the executive officer Executive Officer who is the signatory thereto, which officer shall be the chief executive officer or the chief financial officer of the REIT, thereto has reviewed, or caused under his or her supervision to be reviewed, the terms of this Agreement and the other principal Loan Documents, and has made, or caused to be made under his or her supervision, a review in reasonable detail of the transactions and condition of Borrower, the REIT, the Subsidiaries, Borrower and the Agreement Parties, Consolidated Entities during the accounting period covered by such Financial Statementsfinancial statements of Borrower and the Consolidated Entities, and that such review has not disclosed the existence during or at the end of such accounting period, and that the signers do not have knowledge of the existence as of the date of the Officer's Certificate, of any condition or event which constitutes an Event of Default or Unmatured Event of Default, or, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action has been taken, is being taken and is proposed to be taken with respect thereto and (B) such Financial Statements have been prepared in accordance with the books and records of the REIT, on a consolidated basis, and fairly present the financial condition of the REIT, on a consolidated basis at the date thereof (and, if applicable subject to normal year-end adjustments) and the results of operations and cash flows, on a consolidated basis, for the period then endedthereto; and (ii) together with each delivery pursuant to subsection (c) above, a Compliance Certificate demonstrating in reasonable detail (which detail shall include actual calculations and such supporting information as Agent may reasonably require) compliance at the end of such accounting periods with the covenants contained in SECTIONS 7.5 and 7.6 and ARTICLE 8.

Officer’s Certificate of Borrower. (i) Together with each delivery of any Financial Statement financial statement pursuant to Sections 5.01(asubsection (c) and (b)above, an Officer's Certificate of the REIT REIT, stating that (A) the executive officer who is the signatory thereto, thereto (which officer shall be the chief executive officer, the chief operating officer, the chief financial officer or the chief financial accounting officer of the REIT, ) has reviewed, or caused under his or her supervision to be reviewed, the terms of this Agreement and the other principal Loan Documents, and has made, or caused to be made under his or her supervision, a review in reasonable detail of the transactions and condition of Borrower, the REIT, the Subsidiaries, REIT and the Agreement Parties, Consolidated Entities during the accounting period covered by such Financial Statementsfinancial statements of the REIT and the Consolidated Entities, and that such review has not disclosed the existence during or at the end of such accounting period, and that the signers do not have knowledge of the existence as of the date of the Officer's Certificate, of any condition or event which constitutes an Event of Default or Unmatured Event of Default, or, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action has been taken, is being taken and is proposed to be taken with respect thereto and (B) such Financial Statements have been prepared in accordance with the books and records of the REIT, on a consolidated basis, and fairly present the financial condition of the REIT, on a consolidated basis at the date thereof (and, if applicable subject to normal year-end adjustments) and the results of operations and cash flows, on a consolidated basis, for the period then endedthereto; and (ii) together with each delivery pursuant to subsection (c) above, a Compliance Certificate demonstrating in reasonable detail (which detail shall include actual calculation and supporting information) compliance at the end of such accounting periods with the financial covenants contained in SECTIONS 8.3 and ARTICLE 9.

Officer’s Certificate of Borrower. (i) Together with each delivery of any Financial Statement financial statement pursuant to Sections 5.01(asubsection (c) and (b)above, an Officer's Certificate of the REIT REIT, stating that (A) the executive officer who is the signatory thereto, thereto (which officer shall be the chief executive officer, the chief operating officer, the chief financial officer or the chief financial accounting officer of the REIT, ) has reviewed, or caused under his or her supervision to be reviewed, the terms of this Agreement and the other principal Loan Documents, and has made, or caused to be made under his or her supervision, a review in reasonable detail of the transactions and condition of Borrower, the REIT, the Subsidiaries, REIT and the Agreement Parties, Consolidated Entities during the accounting period covered by such Financial Statementsfinancial statements of the REIT and the Consolidated Entities, and that such review has not disclosed the existence during or at the end of such accounting period, and that the signers do not have knowledge of the existence as of the date of the Officer's Certificate, of any condition or event which constitutes an Event of Default or Unmatured Event of Default, or, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action has been taken, is being taken and is proposed to be taken with respect thereto and (B) such Financial Statements have been prepared in accordance with the books and records of the REIT, on a consolidated basis, and fairly present the financial condition of the REIT, on a consolidated basis at the date thereof (and, if applicable subject to normal year-end adjustments) and the results of operations and cash flows, on a consolidated basis, for the period then endedthereto; and (ii) together with each delivery pursuant to subsection (c) above, a Compliance Certificate demonstrating in reasonable detail (which detail shall include actual calculations and such supporting information as Agent may reasonably require) compliance at the end of such accounting periods with the covenants contained in SECTIONS 7.3 and ARTICLE 8.

Officer’s Certificate of Borrower. (i) Together with each delivery of any Financial Statement pursuant to Sections 5.01(a6.1.2 and 6.1.3, (A) and (b), an Officer's Certificate of the REIT Borrower, stating that (A) the executive officer who is the signatory thereto, thereto (which officer shall be the chief executive officer, the chief operating officer or the chief financial officer of the REIT, Borrower) has reviewed, or caused under his supervision to be reviewed, the terms of this Agreement and the other principal Loan Documents, and has made, or caused to be made under his supervision, a review in reasonable detail of the transactions and condition of Borrower, the REIT, the Subsidiaries, Borrower and the Agreement Parties, its Subsidiaries during the accounting period covered by such Financial Statements, and that such review has not disclosed the existence during or at the end of such accounting period, and that the signers do not have knowledge of the existence as of the date of the Officer's Certificate, of any condition or event which constitutes an Event of Default or Unmatured Event of Default, or, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action has been taken, is being taken and is proposed to be taken with respect thereto thereto; and (B) a Compliance Certificate demonstrating in reasonable detail (which detail shall include actual calculation and supporting information) compliance during and at the end of such Financial Statements have been prepared in accordance accounting periods with the books and records of the REIT, on a consolidated basis, and fairly present the financial condition of the REIT, on a consolidated basis at the date thereof (and, if applicable subject to normal year-end adjustments) and the results of operations and cash flows, on a consolidated basis, for the period then ended; and (covenants contained in Section 8.4

Officer’s Certificate of Borrower. (i) Together with each delivery of any Financial Statement financial statement pursuant to Sections 5.01(asubsection (c) and (b)above, an Officer's Certificate of the REIT Borrower, stating that (A) the executive officer Executive Officer who is the signatory thereto, which officer shall be the chief executive officer or the chief financial officer of the REIT, thereto has reviewed, or caused under his or her supervision to be reviewed, the terms of this Agreement and the other principal Loan Documents, and has made, or caused to be made under his or her supervision, a review in reasonable detail of the transactions and condition of Borrower, the REIT, the Subsidiaries, Borrower and the Agreement Parties, Consolidated Entities during the accounting period covered by such Financial Statementsfinancial statements of Borrower and the Consolidated Entities, and that such review has not disclosed the existence during or at the end of such accounting period, and that the signers do not have knowledge of the existence as of the date of the Officer's Certificate, of any condition or event which constitutes an Event of Default or Unmatured Event of Default, or, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action has been taken, is being taken and is proposed to be taken with respect thereto and (B) such Financial Statements have been prepared in accordance with the books and records of the REIT, on a consolidated basis, and fairly present the financial condition of the REIT, on a consolidated basis at the date thereof (and, if applicable subject to normal year-end adjustments) and the results of operations and cash flows, on a consolidated basis, for the period then endedthereto; and (ii) together with each delivery pursuant to subsection (c) above, a Compliance Certificate demonstrating in reasonable detail (which detail shall include actual calculations and such supporting information as Agent may reasonably require) compliance at the end of such accounting periods with the covenants contained in Sections 7.5 and 7.6 and Article 8.

Officer’s Certificate of Borrower. (i) Together with each delivery of any Financial Statement pursuant to Sections 5.01(aclauses (a) and (b)) above, an Officer's Certificate of the REIT REIT, stating that (A) the executive officer who is the signatory thereto, which officer shall be the chief executive officer or the chief financial officer of the REIT, has reviewed, or caused under his supervision to be reviewed, the terms of this Agreement and the other Loan Documents, and has made, or caused to be made under his supervision, a review in reasonable detail of the transactions and condition of Borrower, the REIT, the Subsidiaries, and the Agreement Parties, during the accounting period covered by such Financial Statements, and that such review has not disclosed the existence during or at the end of such accounting period, and that the signers do not have knowledge of the existence as of the date of the Officer's Certificate, of any condition or event which constitutes an Event of Default or Unmatured Event of Default, or, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action has been taken, is being taken and is proposed to be taken with respect thereto and (B) such Financial Statements have been prepared in accordance with the books and records of the REIT, on a consolidated basis, and fairly present the financial condition of the REIT, on a consolidated basis basis, at the date thereof (and, if applicable applicable, subject to normal year-end adjustments) and the results of operations and cash flows, on a consolidated basis, for the period then ended; and (