Ratification of Covenants; Estoppels; Certifications. Borrower shall: (1) promptly notify Lender in writing upon any violation of any covenant set forth in any Loan Document; provided, however, any such notice by Borrower shall not relieve Borrower of, or result in a waiver of, any obligation under this Loan Agreement or any other Loan Document; and (2) within ten (10) days after a request from Lender, provide a written statement, signed and acknowledged by Borrower, certifying to Lender or any person designated by Lender, as of the date of such statement: (A) that the Loan Documents are unmodified and in full force and effect (or, if there have been modifications, that the Loan Documents are in full force and effect as modified and setting forth such modifications); (B) the unpaid principal balance of the Mortgage Loan; (C) the date to which interest on the Mortgage Loan has been paid; (D) that Borrower is not in default in paying the Indebtedness or in performing or observing any of the covenants or agreements contained in this Loan Agreement or any of the other Loan Documents (or, if Borrower is in default, describing such default in reasonable detail); (E) whether or not there are then existing any setoffs or defenses known to Borrower against the enforcement of any right or remedy of Lender under the Loan Documents; and (F) any additional facts requested by Lender.
Appears in 4 contracts
Samples: Multifamily Loan and Security Agreement (Bluerock Residential Growth REIT, Inc.), Multifamily Loan and Security Agreement (Independence Realty Trust, Inc), Multifamily Loan and Security Agreement (Steadfast Income REIT, Inc.)
Ratification of Covenants; Estoppels; Certifications. Borrower shall:
(1) : promptly notify Lender in writing upon any violation of any covenant set forth in any Loan DocumentDocument of which Borrower has notice or knowledge; provided, however, any such written notice by Borrower to Lender shall not relieve Borrower of, or result in a waiver of, any obligation under this Loan Agreement or any other Loan Document; and
(2) and within ten (10) days after a request from Lender, provide a written statement, signed and acknowledged by Borrower, certifying to Lender or any person designated by Lender, as of the date of such statement:
(A) : that the Loan Documents are unmodified and in full force and effect (or, if there have been modifications, that the Loan Documents are in full force and effect as modified and setting forth such modifications);
(B) ; the unpaid principal balance of the Mortgage Loan;
(C) ; the date to which interest on the Mortgage Loan has been paid;
(D) ; that Borrower is not in default in paying the Indebtedness or in performing or observing any of the covenants or agreements contained in this Loan Agreement or any of the other Loan Documents (or, if Borrower is in default, describing such default in reasonable detail);
(E) ; whether or not there are then then-existing any setoffs or defenses known to Borrower against the enforcement of any right or remedy of Lender under the Loan Documents; and
(F) and any additional facts reasonably requested in writing by Lender. Further Assurances.
Appears in 3 contracts
Samples: Multifamily Loan and Security Agreement, Multifamily Loan and Security Agreement, Loan and Security Agreement
Ratification of Covenants; Estoppels; Certifications. Borrower shall:
(1) promptly notify Lender in writing upon any violation of any covenant set forth in any Loan DocumentDocument of which Borrower has notice or knowledge; provided, however, any such written notice by Borrower to Lender shall not relieve Borrower of, or result in a waiver of, any obligation under this Loan Master Agreement or any other Loan Document; and
(2) within ten (10) days after a request from Lender, provide a written statement, signed and acknowledged by Borrower, certifying to Lender or any person Person designated by Lender, as of the date of such statement:
(A) that the Loan Documents are unmodified and in full force and effect (or, if there have been modifications, that the Loan Documents are in full force and effect as modified and setting forth such modifications);
(B) the unpaid principal balance of the Mortgage LoanAdvances Outstanding;
(C) the date to which interest on the Mortgage Loan Advances Outstanding has been paid;
(D) that Borrower is not in default in paying the Indebtedness Advances Outstanding or in performing or observing any of the covenants or agreements contained in this Loan Master Agreement or any of the other Loan Documents (or, if Borrower is in default, describing such default in reasonable detail);
(E) whether or not there are then existing any setoffs or defenses known to Borrower against the enforcement of any right or remedy of Lender under the Loan Documents; and
(F) any additional facts reasonably requested in writing by Lender.
Appears in 1 contract
Samples: Master Credit Facility Agreement (Steadfast Apartment REIT, Inc.)