Representations and Warranties by the Parties. A. Each Person that is an individual, as a condition to becoming an Additional Limited Partner or a Substituted Limited Partner, as the case may be, shall represent and warrant to each other Partner that (i) the consummation of the transactions contemplated by this Agreement to be performed by such Partner will not result in a breach or violation of, or a default under, any material agreement by which such Partner or any of such Partner's property is or are bound, or any statute, regulation, order or other law to which such Partner is subject, (ii) such Partner is not a "foreign person" within the meaning of Code Section 1445(f) nor a "foreign partner" within the meaning of Code Section 1446(e), and (iii) this Agreement is binding upon, and enforceable against, such Partner in accordance with its terms.
Appears in 4 contracts
Samples: Irvine Co Et Al, Irvine Apartment Communities L P, Iac Capital Trust
Representations and Warranties by the Parties. A. Each Person Partner that is an individual, as a condition to becoming an Additional Limited Partner or a Substituted Limited Partner, as the case may be, shall represent individual represents and warrant warrants to each other Partner that (i) he has the legal capacity to enter into this Agreement and perform his obligations hereunder, (ii) the consummation of the transactions contemplated by this Agreement to be performed by such Partner will not result in a breach or violation of, or a default under, any material agreement by which such Partner or any of such Partner's ’s property is or are bound, or any statute, regulation, order or other law to which such Partner is subject, (iiiii) such Partner is not a "“foreign person" ” within the meaning of Code Section 1445(f) of the Code nor a "“foreign partner" within the meaning of Code person” under Section 1446(e)) of the Code, and (iiiiv) this Agreement is binding upon, and enforceable against, such Partner in accordance with its terms.
Appears in 1 contract
Samples: Pan Pacific Retail Properties Inc
Representations and Warranties by the Parties. A. Each Person Partner that is an individual, as a condition to becoming an Additional Limited Partner or a Substituted Limited Partner, as the case may be, shall represent individual represents and warrant warrants to each other Partner that (i) he has the legal capacity to enter into this Agreement and perform his obligations hereunder, (ii) the consummation of the transactions contemplated by this Agreement to be performed by such Partner will not result in a breach or violation of, or a default under, any material agreement by which such Partner or any of such Partner's property is or are bound, or any statute, regulation, order or other law to which such Partner is subject, (iiiii) such Partner is not a "foreign person" within the meaning of Code Section 1445(f) of the Code nor a "foreign partnerperson" within the meaning of Code under Section 1446(e)) of the Code, and (iiiiv) this Agreement is binding upon, and enforceable against, such Partner in accordance with its terms.
Appears in 1 contract
Samples: Center Trust Inc
Representations and Warranties by the Parties. A. Each Person Partner that is an individual, as a condition to becoming an Additional Limited Partner or a Substituted Limited Partner, as the case may be, shall represent individual represents and warrant warrants to each other Partner that (i) such Partner has the legal capacity, to enter into this Agreement and perform such Partner's obligations hereunder, (ii) the consummation of the transactions contemplated by this Agreement to be performed by such Partner will not result in a breach or violation of, or a default under, any material agreement by which such Partner or any of such Partner's property is or are bound, or any statute, regulation, order or other law to which such Partner is subject, (iiiii) such Partner is not neither a "foreign person" within the meaning of Code Section 1445(f) of the Code nor a "foreign partner" within the meaning of Code Section 1446(e)) of the Code, and (iiiiv) this Agreement has been duly executed and delivered by such Partner and is binding upon, and enforceable against, such Partner in accordance with its terms.
Appears in 1 contract
Samples: Kilroy Realty Corp