Property Proceedings. There are no actions, suits or proceedings pending or, to Borrower’s best knowledge, threatened in any court or before any Governmental Authority or arbitration board or tribunal (i) relating to (A) the zoning of the Premises or any part thereof, (B) any certificates of occupancy, licenses, registrations, permits, consents or approvals issued with respect to the Property or any part thereof, (C) the condemnation of the Property or any part thereof, or (D) the condemnation or relocation of any roadways abutting the Premises required for access or the denial or limitation of access to the Premises or any part thereof from any point of access to the Premises, (ii) asserting that (A) any such zoning, certificates of occupancy, licenses, registrations, permits, consents and/or approvals do not permit the operation of any material portion of the Realty as presently being conducted, (B) any material improvements located on the Property or any part thereof cannot be located thereon or operated with their intended use or (C) the operation of the Property or any part thereof is in violation in any material respect of any Environmental Statutes, Development Laws or other Legal Requirements or Space Leases or Property Agreements or (iii) which might (A) affect the validity or priority of any Loan Document or (B) have a Material Adverse Effect. Borrower is not aware of any facts or circumstances which may give rise to any actions, suits or proceedings described in the preceding sentence.
Property Proceedings. To the Seller's knowledge:
Property Proceedings. There are no actions, suits or proceedings pending or to Borrower’s knowledge threatened in any court or before any Governmental Authority or arbitration board or tribunal (i) relating to (A) the zoning of the Premises or any part thereof, (B) any certificates of occupancy, licenses, registrations, permits, consents or approvals issued with respect to the Property or any part thereof, (C) except as specifically disclosed in writing to Lender by Borrower, the condemnation of the Property or any part thereof, or (D) the condemnation or relocation of any roadways abutting the Premises required for access or the denial or limitation of access to the Premises or any part thereof from any point of access to the Premises, (ii) asserting that (A) any such zoning, certificates of occupancy, licenses, registrations, permits, consents and/or approvals do not permit the operation of any material portion of the Realty as presently being conducted, (B) any material improvements located on the Property or any part thereof cannot be located thereon or operated with their intended use or (C) the operation of the Property or any part thereof is in violation in any material respect of any Environmental Statutes, Development Laws or other Legal Requirements or Space Leases or Property Agreements or (iii) which might (A) affect the validity or priority of any Loan Document or (B) have a Material Adverse Effect. Borrower is not aware of any facts or circumstances which may give rise to any actions, suits or proceedings described in the preceding sentence, except as otherwise previously disclosed in writing to Lender.
Property Proceedings. Except as disclosed in the Form 10-K filed by MCC on February 12, 2009, as amended by Form 10-K/A filed on March 6, 2009, there are, as of the date of this Agreement, no actions, suits or proceedings pending or, to Borrower’s actual knowledge after due inquiry and investigation, threatened in any court or before any Governmental Authority or arbitration board or tribunal (i) relating to (A) the zoning of a Project or any part thereof, (B) any certificates of occupancy, licenses, registrations, permits, consents or approvals issued with respect to a Project or any part thereof, (C) the condemnation of a Project or any part thereof, or (D) the condemnation or relocation of any roadways abutting a Project required for access or the denial or limitation of access to a Project or any part thereof from any point of access to such Project, (ii) asserting that (A) any such zoning, certificates of occupancy, licenses, registrations, permits, consents and/or approvals do not permit the operation of any material portion of a Project as presently being conducted, (B) any material improvements located on a Project or any part thereof cannot be located thereon or operated with their intended use or (C) the operation of any Project or any part thereof is in violation in any material respect of any Environmental Statutes, Development Laws or other Legal Requirements or Space Leases or Property Agreements or (iii) which might (A) affect the validity or priority of any Loan Document or (B) have a Material Adverse Effect. Borrower is not aware of any facts or circumstances which may give rise to any actions, suits or proceedings described in the preceding sentence.
Property Proceedings. Seller has not received notice of any governmental proceedings relating to condemnation or the Laws, which would detrimentally affect the use or operation of the Property, nor to Seller’s Knowledge, has Seller received notice of any special assessment proceedings affecting the Property. Seller shall notify Buyer promptly of any such proceedings of which Seller becomes aware.
Property Proceedings. So far as RBS is aware:
Property Proceedings. 8.4.1 There are, and during the two years ending on the date of this Agreement have been, no Property Proceedings and none are pending or threatened. To the best of the Beneficial Owners’ as well as the Sellers' knowledge, information and belief, no fact or circumstance exists which might give rise to a Property Proceeding. Nothing has been done or omitted in respect of the Property the doing or omission of which is a contravention of any applicable law, regulations, order or official directions. There is no outstanding notice, compliant, requirement, judgment, order, decree, arbitral award or decision of a court, tribunal, arbitrator or governmental agency affecting the Property.
Property Proceedings. There are no actions, suits or proceedings pending or, to the best of Grantor's knowledge, threatened in any court or before any Governmental Authority or arbitration board or tribunal (i) relating to (A) the zoning of the Premises or any part thereof (other than administrative actions or proceedings relating to applications therefor or renewals thereof in the ordinary course of business which are not reasonably likely to have a Material Adverse Effect), (B) any certificates of occupancy, licenses, registrations, permits, consents or approvals issued with respect to the Trust Property or any part thereof (other than administrative actions or proceedings relating to applications therefore or renewals thereof in the ordinary course of business which are not reasonably likely to have a Material Adverse Effect on the value of the Trust Property), (C) the condemnation of the Trust Property or any part thereof, or (D) the condemnation or relocation of any roadways abutting the Premises required for access or the denial or limitation of access to the Premises or any part thereof from any point of access to the Premises, (ii) asserting that (A) any such zoning, certificates of occupancy, licenses, registrations, permits, consents and/or approvals do not permit the operation of any material portion of the Realty as presently being conducted, (B) any material improvements located on the Trust Property or any part thereof cannot be located thereon or operated with their intended use or (C) the operation of the Trust Property or any part thereof is in violation in any material respect of any Environmental Statutes, Development Laws or other Legal Requirements or Space Leases or Property Agreements or (iii) which (A) might affect the validity or priority of any Loan Document or (B) have a Material Adverse Effect. Grantor is not aware of any facts or circumstances which are reasonably likely to give rise to any actions, suits or proceedings described in the preceding sentence.
