Common use of Property Proceedings Clause in Contracts

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. Except Other than as previously disclosed in the Form 10-K filed writing by MCC on February 12, 2009, as amended by Form 10-K/A filed on March 6, 2009Mortgagor to Lender, there are, as of the date of this Agreement, are no actions, suits or proceedings pending or, to BorrowerMortgagor’s actual knowledge after due inquiry and investigationknowledge, threatened in any court or before any Governmental Authority or arbitration board or tribunal (i) relating to (A) the zoning of a Project the Premises or any part thereof, (B) any certificates of occupancy, licenses, registrations, permits, consents or approvals issued with respect to a Project the Property or any part thereof, (C) the condemnation of a Project the Property or any part thereof, or (D) the condemnation or relocation of any roadways abutting a Project the Premises required for access or the denial or limitation of access to a Project the Premises or any part thereof from any point of access to such Projectthe 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 a Project the Realty as presently being conducted, (B) any material improvements located on a Project the Property or any part thereof cannot be located thereon or operated with their intended use or (C) the operation of any Project 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.