Rent Roll and Leases. The schedule of leases which shall be completed and attached hereto prior to the Closing Date as Schedule 6.7A (the "Schedule of Leases") is a true, correct and complete schedule of all leases, subleases and rights of occupancy (claiming directly by, through, under or with the Actual Knowledge of the ACP Shareholders) in effect with respect to each of the Properties, (respectively, the "Leases"). Except as set forth on the Schedule of Leases, there are no other leases, subleases, tenancies or other rights of occupancy (claiming directly by, through, under or with the Actual Knowledge of the ACP Shareholders) in effect with respect to the Properties other than the Leases. True, correct and complete copies of the Leases, together with all amendments and supplements thereto and all other documents and correspondence relating thereto, have been delivered or made available to Highwoods or its agents. Schedule 6.7A includes the rent roll information and is, as of the date shown thereon, true and correct in all material respects. The Schedule of Leases sets forth, as of such date, (i) a list of all tenants under the Leases and the space occupied by each such tenant, (ii) all arrearages owing from such tenants under such Leases (listed on delinquency and default reports attached to the Schedule of Leases and made a part thereof), (iii) the expiration date of the term of such Leases, (iv) the base rent and the rent the tenant under such Lease is currently obligated to pay, (v) the current outstanding balances of any security deposits held pursuant to any Leases, (vi) any prepayments of rent by any tenant under any Lease of more than one (1) month in advance (excluding security deposits which are delineated on the list attached to the Schedule of Leases and made a part thereof) and (vii) whether or not there are rental concessions or abatements under a Lease applicable to any period subsequent to the Closing. Except as set forth on the Schedule of Leases, all such Leases are valid and enforceable and presently in full force and effect, and none of the Leases have been assigned and all brokerage commissions payable under any of the Leases have been paid or will be paid by the ACP Partnerships prior to the Closing Date, except as provided in Schedule 6.7B which shall be completed and attached hereto prior to the Closing Date. All tenant upfit obligations provided for in any of the Leases not set forth on Schedule 6.7C which shall be completed and attached hereto prior...
Rent Roll and Leases. With respect to each separate parcel of Real Property Collateral owned by the Borrowers as of the Effective Date (i) a current rent roll for such parcel identifying each Lease in effect with respect to such parcel, in form and substance satisfactory to the Collateral Agent, certified as true, correct and complete by a Responsible Officer of the applicable Borrower and (ii) copies of each Material Lease, certified as true, correct and complete by a Responsible Officer of the applicable Borrower.
Rent Roll and Leases. EXHIBIT "B" attached hereto and by this reference made a part hereof is a true, accurate and complete rent roll (the "Rent Roll") indicating all leases and subleases currently in effect with respect to any portion of the Real Property (collectively the "Leases"). In connection with the Leases, Borrower represents and warrants as follows:
(A) The Leases previously delivered to Lender are complete and correct copies of the original Leases, including all amendments, addenda, riders, subleases and other documentation relative thereto, and all Leases are in full force and effect without default and are unmodified except as noted in the Rent Roll or in any tenant estoppel statement previously delivered to Lender;
(B) Borrower is the lessor under the Leases and has not assigned or agreed to assign (except to Lender) its interest as lessor or master lessor, as appropriate, under the Leases in whole or in part;
(C) No monetary concessions or inducements of any kind or nature have been given or promised to the tenants under the Leases (individually, a "Lessee" and collectively, the "Lessees"), and no Lessee has any existing defense or claim of offset against Borrower or to such Lessee's payment and performance of its obligations under its Lease, except as noted in the Rent Roll or in any tenant estoppel statement previously delivered to Lender by such Lessee;
(D) No Lessee has or can acquire any right to terminate such Lessee's Lease, or cease paying the full rent thereunder, before the end of the term of such Lease except as set forth in the Rent Roll;
(E) The Lessees are each in possession and actually paying rent, in the sums and at the times and under the terms as set forth in the Leases, except as disclosed in the Rent Roll;
(F) No Lessee has an option or right of first refusal or other right to purchase all or any portion of the Real Property, except as set forth in the Rent Roll or in a tenant estoppel statement previously delivered to Lender;
(G) The Leases are on an unfurnished basis;
(H) The original term of each Lease is accurately set forth in the Rent Roll;
(I) No rent has been collected from any Lessee in advance of the date due (other than any security deposits);
(J) Borrower has committed no default or breach under any of the Leases, nor has any event occurred which, with the passage of time or the giving of notice, or both, would constitute a default or breach by Borrower, under any of the Leases;
(K) None of the Lessees are, as of the date hereof, ...
Rent Roll and Leases. As of the date hereof, there are no leases or occupancy agreements affecting the Property or any part thereof in which the owner of the Property is the landlord/licensor except for the Leases identified on Exhibit J annexed hereto. There are no leases, subleases or other occupancy agreements affecting the Property under which Grantor or any affiliate is the tenant, subtenant or licensee other than with respect to the 12th and 13th floors of the Premises. The Rent Roll annexed hereto as Exhibit J is complete and correct in all material respects as of the date thereof and accurately reflects all arrearages as of such date. No option or other right to purchase all or any portion of the Property has been granted to any tenant or other party other than the right of first offer contained in the lease with Swiss Re America Holding Corporation et. al. described in Exhibit J hereto. Exhibit J accurately reflects all security deposits currently held by Grantor under the Leases. To Grantor's knowledge, Grantor has delivered to the Partnership true, correct and complete original counterparts of all the Leases and all modifications, amendments and supplements thereof in its possession or in the possession of its agents or United States affiliates. To Grantor's knowledge, all of the leases identified in Exhibit J annexed hereto are in full force and effect and Grantor is the lawful holder of the lessor's interest in Leases.
Rent Roll and Leases. To Seller’s knowledge, the Rent Roll, and each revision thereof, is correct and complete in all material respects as of the Effective Date and the date of each such revision. There are no leases, rental agreements, license agreements or other occupancy agreements currently in effect which affect the Property other than the Leases listed in the Rent Roll, true and correct copies of which (including all amendments thereto and all guaranties thereof) have been or will be delivered to Buyer pursuant to Section 3.1 (in the case of Leases existing as of the Effective Date) or promptly following the execution thereof (in the case of Leases or amendments executed after the Effective Date). To Seller’s knowledge, each of such Leases is in full force and effect and there exists no uncured default on the part of landlord, or on the part of any tenant or licensee, under any of the Leases. Except as set forth on the Rent Roll, to Seller’s knowledge, no tenant under any of the Leases has, or as of Closing will have, prepaid any rent or other charges for more than one (1) month in advance.
Rent Roll and Leases. The Rent Rolls attached hereto as Schedule 1.1.124 are complete and accurate as to each Property and Option Property of the Property Owner; each Lease with respect to such Property or Option Property is in full force and effect; no tenant or any other person has any option to renew or extend its Lease except to the extent indicated on Schedule 6.5.10 and no tenant or any other person has any other right to possess or acquire any interest in any part of such Property or Option Property; to the knowledge of the Property Owner, the Midland Affiliate or the Midland Principal, no tenant under the Leases with respect to such Property or Option Property is in default thereunder except to the extent indicated on Schedule 6.5.10; the landlord under each of such Leases has neither committed nor suffered any act or omission which with the giving of notice or the lapse of time, or both, would constitute a default on its part, or would entitle the respective tenants thereunder to damages under the terms of any of such Leases or a right of set-off or a right to terminate the Lease; none of the tenants has notified any Property Owner, Midland Affiliate or Midland Principal in respect of any materially defective condition of such Property or Option Property or of any material alleged default on the part of any such Property Owner, Midland Affiliate or Midland Principal except to the extent indicated on Schedule 6.5.10; no tenant under any of such Leases has paid any rental more than thirty (30) days in advance (other than as required by its Lease) or is in arrears in rent payments for more than thirty (30) days, except to the extent listed on Schedule 6.5.10; except as provided in Schedule 6.5.10 as of the date hereof in respect of such Property or Option Property, all tenants have accepted and are occupying the leased premises; except as set forth in such Leases or in Schedule 6.5.10, no tenant is entitled to receive any concession, rental or otherwise, or other similar compensation in connection with renting the space it occupies or by reason of any reduction in service; except as provided in Schedule 6.5.10, the Property Owner has eliminated or satisfied all of the landlord's obligations under such Leases which are conditions to the obligations of the respective tenants thereunder to pay rent. Neither the Property Owner, the Midland Affiliate or the Midland Principal have any obligation continuing after the First Closing Date to do any maintenance or make any improveme...
Rent Roll and Leases. Attached as Exhibit P hereto and made a part hereof is a rent roll, which rent roll (the "Rent Roll") identifies by tenant name and unit number the Leases currently in effect at the Buildings, any guarantors of the Leases, the commencement and expiration dates of the Leases, any not yet performed rent concessions and any security deposits and the extent to which the same have been applied, the amount of monthly rent owed under the Leases, the dates through which such rents have been paid, and any material defaults under the Leases of which either Seller has actual knowledge.
Rent Roll and Leases. As of the Effective Date, the current rent roll for the Property is attached as Exhibit K (the “Rent Roll”). For purposes of this Agreement, the Rent Roll shall only be deemed to be materially inaccurate or incorrect if it is inaccurate or incorrect by more than 2.5% of the gross monthly income for the Property as set forth therein. There are no leases, subleases, licenses or other rental or occupancy contracts (oral or written) with respect to or affecting the Property other than the Leases set forth on the Rent Roll; provided that this representation shall only be deemed to be materially inaccurate or incorrect if any Lease(s) not reflected on the Rent Roll causes an inaccuracy in the Rent Roll of more than 2.5% of the gross monthly income for the Property as set forth therein. No leasing commissions are payable by the “landlord” or “lessor” under any Lease, except as set forth on the Rent Roll.
Rent Roll and Leases. A copy of the Rent Roll for the Property, which includes an itemization of the security deposit held under each Lease, along with copies of all Leases (including all amendments, modifications, supplements and correspondence), and all residential lease files (which shall be made available for on-site inspection).
Rent Roll and Leases. To Seller's Knowledge the information in the Rent-Roll is true, correct, and complete in all material respects. Seller has or will Pursuant to Paragraph 5 deliver to Purchaser true, accurate and complete copies of all of the Leases, and to Seller's Knowledge there are no leases, subleases, licenses, occupancies or tenancies in effect pertaining to any portion of the Land, and no persons, tenants or entities occupy space in the Land, except as stated in the Rent Roll. To Seller's Knowledge, there are no options or rights to renew, extend or terminate the Leases or expand any Lease premises, except as shown in the Leases. Neither Seller nor, to Seller's Knowledge, any Tenant is in default of any material obligation under its Lease. Seller has no obligation to any Tenant under the Leases to further improve such Tenant's premises or to grant or allow any rent or other concessions. No rent or other payments have been collected by Seller in advance for more than one (1) month and no rents or other deposits are held by Seller, except the security deposits described on the Rent Roll and rent for the current month.
