Property Information. Seller has made or will make available to Buyer copies of, or access to with the right to copy, the following (“Property Information”) for the Property: (a) copies of the existing Leases for the Property, a schedule of which is attached hereto as Exhibit B; (b) a current rent roll and aging report for the Property, indicating rents collected, scheduled rents and concessions, delinquencies, and security deposits held (the “Rent Roll”); (c) operating statements for the two previous fiscal years, or such lesser period of ownership as may be available, and year to date (the “Operating Statements”), true and complete copies of which are attached hereto as Exhibit C; (d) a list of Personal Property, if any, and a list and copies of any, and service or maintenance agreements, if any, relating to such Property (“Service Contracts”), a schedule of which is attached hereto as Exhibit D; (e) a statement detailing projected cash flow for such Property over ten (10) years (the “Cash Flow Projection”); (f) a policy of title insurance for such Property (the “Existing Title Policy”); (g) a land title survey for such Property (the “Existing Survey”); and (h) all environmental, engineering or physical condition reports relating to such Property and delivered to Seller or its Affiliates by the seller of such Property at the time such Property was acquired by Seller or its Affiliates, or obtained by Seller or any of its Affiliates at the time such Property was acquired by Seller or its Affiliates, or prepared by or on behalf of Seller or any of its Affiliates since the date such Property was acquired by Seller or its Affiliates, a true and complete listing of which is attached hereto as Exhibit E. Except as otherwise expressly provided in Section 9, Seller makes no representations or warranties as to the accuracy or completeness of the Property Information.
Appears in 6 contracts
Samples: Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.), Purchase and Sale Agreement (Dividend Capital Total Realty Trust Inc.)
Property Information. Seller has The DCT Parties have made or will make available to Buyer TRT Partner copies of, or access to with the right to copy, the following (“Property Information”) for the Property:
(a) copies of the existing Leases for the Property, a schedule of which is attached hereto as Exhibit B;
(b) a current rent roll and aging report for the Property, indicating rents collected, scheduled rents and concessions, delinquencies, and security deposits held (the “Rent Roll”);
(c) operating statements for the two previous fiscal years, or such lesser period of ownership as may be available, and year to date (the “Operating Statements”), true and complete copies of which are attached hereto as Exhibit C;
(d) a list of Personal Property, if any, and a list and copies of any, and service or maintenance agreements, if any, relating to such Property (“Service Contracts”), a schedule of which is attached hereto as Exhibit D;
(e) a statement detailing projected cash flow for such Property over ten (10) years (the “Cash Flow Projection”);
(f) a policy of title insurance for such Property (the “Existing Title Policy”);
(g) a land title survey for such Property (the “Existing Survey”); and
(h) all environmental, engineering or physical condition reports relating to such Property and delivered to Seller Contributor or its Affiliates by the seller of such Property at the time such Property was acquired by Seller Contributor or its Affiliates, or obtained by Seller Contributor or any of its Affiliates at the time such Property was acquired by Seller Contributor or its Affiliates, or prepared by or on behalf of Seller Contributor or any of its Affiliates since the date such Property was acquired by Seller Contributor or its Affiliates, a true and complete listing of which is attached hereto as Exhibit E. Except as otherwise expressly provided in Section 9, Seller makes the DCT Parties make no representations or warranties as to the accuracy or completeness of the Property Information.
Appears in 2 contracts
Samples: Contribution and Investment Agreement (Dividend Capital Total Realty Trust Inc.), Contribution and Investment Agreement (Dividend Capital Total Realty Trust Inc.)