Qualifying Unencumbered Properties. Schedule 4.17 attached hereto and made a part hereof sets forth all the Qualifying Unencumbered Property owned by the Borrower, directly or indirectly, as of the Closing Date. As of the Closing Date, all of the Properties set forth in Schedule 4.17 are Qualifying Unencumbered Properties. Borrower represents and warrants that, as of the Closing Date, the Borrower has good and insurable fee title to the Qualifying Unencumbered Property, free of all Liens other than Permitted Liens and that to its best knowledge, except as disclosed in writing to the Administrative Agent in connection with the extension of credit contemplated hereby or hereafter disclosed in writing to the Administrative Agent from time to time, no Materials of Environmental Concern are located on, under, over or about such real property.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Irvine Apartment Communities L P), Unsecured Loan Agreement (Iac Capital Trust), Revolving Credit Agreement (Iac Capital Trust)
Qualifying Unencumbered Properties. Schedule 4.17 attached hereto and made a part hereof sets forth all the Qualifying Unencumbered Property owned by the Borrower, directly or indirectly, as of the Closing Date. As of the Closing Date, all of the Properties set forth in Schedule 4.17 are Qualifying Unencumbered Properties. Borrower represents and warrants that, as of the Closing Date, the Borrower has good and insurable fee title to the Qualifying Unencumbered Property, free of all Liens other than Permitted Liens and that to its best knowledge, except as disclosed in writing to the Administrative Agent in connection with the extension of credit contemplated hereby or hereafter disclosed in writing to the Administrative Agent from time to time, no Materials of Environmental Concern are located on, under, over or about such real property.from
Appears in 1 contract