Common use of REA Representations Clause in Contracts

REA Representations. With respect to each REA, (a) each REA is in full force and effect and has not been amended, restated, replaced or otherwise modified (except, in each case, as expressly set forth herein), (b) there are no material defaults under any REA by any party thereto and, to Borrower’s knowledge, no event has occurred which, but for the passage of time, the giving of notice, or both, would constitute a material default under any REA, (c) all sums due and payable under each REA have been paid in full, (d) to Borrower’s actual knowledge, no party to any REA has commenced any action or given or received any written notice for the purpose of terminating any REA, and (e) the representations made in any estoppel or similar document delivered with respect to any REA in connection with the Loan, if any, are true, complete and correct in all material respects and are hereby incorporated by reference as if fully set forth herein. Section 5.32

Appears in 1 contract

Samples: Loan Agreement (CaliberCos Inc.)

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REA Representations. With respect to each REA, (a) each REA is in full force and effect and has not been amended, restated, replaced or otherwise modified (except, in each case, as expressly set forth hereinherein or disclosed to Lender), (b) there are no material defaults under any REA by any party thereto and, to Borrower’s knowledge, no event has occurred which, but for the passage of time, the giving of notice, or both, would constitute a material default under any REA, (c) all sums due and payable under each REA have been paid in full, (d) to Borrower’s actual knowledge, no party to any REA has commenced any action or given or received any written notice for the purpose of terminating any REA, and (e) the representations made in any estoppel or similar document delivered with respect to any REA in connection with the Loan, if any, are true, complete and correct in all material respects and are hereby incorporated by reference as if fully set forth herein. Section 5.32.

Appears in 1 contract

Samples: Loan Agreement (Condor Hospitality Trust, Inc.)

REA Representations. With respect to each REA, to Borrower’s knowledge, (a) each REA is in full force and effect and has not been amended, restated, replaced or otherwise modified (except, in each case, as expressly set forth herein), (b) there are no material defaults under any REA by any party thereto and, to Borrower’s knowledge, no event has occurred which, but for the passage of time, the giving of notice, or both, would constitute a material default under any REA, (c) all sums due and payable under each REA have been paid in full, (d) to Borrower’s actual knowledge, no party to any REA has commenced any action or given or received any written notice for the purpose of terminating any REA, and (e) the representations made in any estoppel or similar document delivered with respect to any REA in connection with the Loan, if any, are true, complete and correct in all material respects and are hereby incorporated by reference as if fully set forth herein. Section 5.32.

Appears in 1 contract

Samples: Loan Agreement (Priam Properties Inc.)

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REA Representations. With respect to each REA, Borrower hereby represents that (a) each REA is in full force and effect and has not been amended, restated, replaced or otherwise modified (except, in each case, as expressly set forth herein), (b) there are no material defaults under any REA by any party thereto and, to Borrower’s knowledge, no event has occurred which, but for the passage of time, the giving of notice, or both, would constitute a material default under any REA, (c) all rents, additional rents and other sums due and payable under each REA the REAs have been paid in full, (d) to Borrower’s actual knowledge, no party to any REA has commenced any action or given or received any written notice for the purpose of terminating any REA, and (e) the representations made in any estoppel or similar document delivered with respect to any REA in connection with the Loan, if any, Loan are true, complete and correct in all material respects and are hereby incorporated by reference as if fully set forth herein. Section 5.32.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Supertel Hospitality Inc)

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