Common use of Representations and Warranties; Compliance with Conditions Clause in Contracts

Representations and Warranties; Compliance with Conditions. (a) The representations and warranties of Mezzanine Borrower contained in this Agreement and the other Mezzanine Loan Documents shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Default or Event of Default shall have occurred and be continuing; and Mezzanine Borrower shall be in compliance in all material respects with all terms and conditions set forth in this Agreement and in each other Mezzanine Loan Document on its part to be observed or performed; and (b) The representations and warranties of (i) Mortgage Borrower contained in the Loan Agreement (Mortgage) and the other Loan Documents (Mortgage) and (ii) each Senior Mezzanine Borrower contained in the Senior Mezzanine Loan Documents shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Mortgage Default, Mortgage Event of Default or “Default” or “Event of Default” (as defined in each Senior Mezzanine Loan Agreement) shall have occurred and be continuing; and Mortgage Borrower, each Senior Mezzanine Borrower and Guarantor shall be in compliance in all material respects with all terms and conditions set forth in the Loan Agreement (Mortgage) and each Senior Mezzanine Loan Agreement, as applicable, and in each other Loan Document (Mortgage) and each Senior Mezzanine Loan Document, as applicable, on its part to be observed or performed.

Representations and Warranties; Compliance with Conditions. (a) The representations and warranties of Mezzanine Borrower contained in this Agreement and the other Mezzanine Loan Documents shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Default or Event of Default shall have occurred and be continuing; and Mezzanine Borrower shall be in compliance in all material respects with all terms and conditions set forth in this Agreement and in each other Mezzanine Loan Document on its part to be observed or performed; and (b) The representations and warranties of (i) Mortgage Borrower contained in the Loan Agreement (Mortgage) and the other Loan Documents (Mortgage) and (ii) each Senior Mezzanine Borrower contained in the Senior Mezzanine Loan Documents shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Mortgage Default, Default or Mortgage Event of Default or “Default” or “Event of Default” (as defined in each Senior Mezzanine Loan Agreement) shall have occurred and be continuing; and Mortgage Borrower, each Senior Mezzanine Borrower and Guarantor shall be in compliance in all material respects with all terms and conditions set forth in the Loan Agreement (Mortgage) and each Senior Mezzanine Loan Agreement, as applicable, and in each other Loan Document (Mortgage) and each Senior Mezzanine Loan Document, as applicable, on its part to be observed or performed.

Representations and Warranties; Compliance with Conditions. (a) The representations and warranties of Mezzanine Borrower contained in this Agreement and the other Mezzanine Loan Documents (Mezzanine) shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Default or Event of Default shall have occurred and be continuing; and Mezzanine Borrower shall be in compliance in all material respects with all terms and conditions set forth in this Agreement and in each other Mezzanine Loan Document (Mezzanine) on its part to be observed or performed; and (b) The representations and warranties of (i) Mortgage Borrower contained in the Loan Agreement (Mortgage) and the other Loan Documents (Mortgage) and (ii) each Senior Mezzanine Borrower contained in the Senior Mezzanine Loan Documents shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Mortgage Default, Mortgage Default or Event of Default or “Default” or “Event of Default” (as defined in each Senior Mezzanine Loan Agreement) shall have occurred and be continuingcontinuing under the Mortgage Loan; and Mortgage Borrower, each Senior Mezzanine Borrower and Guarantor shall be in compliance in all material respects with all terms and conditions set forth in the Loan Agreement (Mortgage) and each Senior Mezzanine Loan Agreement, as applicable, and in each other Loan Document (Mortgage) and each Senior Mezzanine Loan Document, as applicable, on its part to be observed or performed, as applicable.

Representations and Warranties; Compliance with Conditions. (a) The representations and warranties of Mezzanine Borrower contained in this Agreement and the other Mezzanine Loan Documents (Third Mezzanine) shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Default or Event of Default shall have occurred and be continuing; and Mezzanine Borrower shall be in compliance in all material respects with all terms and conditions set forth in this Agreement and in each other Mezzanine Loan Document (Third Mezzanine) on its part to be observed or performed; and (b) The representations and warranties of (i) Mortgage Borrower contained in the Loan Agreement (Mortgage) and the other Loan Documents (Mortgage) and (ii) each Senior Mezzanine Borrower contained in the Senior Mezzanine Loan Documents shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Mortgage Default, Default or Mortgage Event of Default or “Default” or “Event of Default” (as defined in each Senior Mezzanine Loan Agreement) shall have occurred and be continuing; and Mortgage Borrower, each Senior Mezzanine Borrower and Guarantor shall be in compliance in all material respects with all terms and conditions set forth in the Loan Agreement (Mortgage) and each Senior Mezzanine Loan Agreement, as applicable, and in each other Loan Document (Mortgage) and each Senior Mezzanine Loan Document, as applicable, on its part to be observed or performed.

Representations and Warranties; Compliance with Conditions. (a) The representations and warranties of Mezzanine Borrower contained in this Agreement and the other Mezzanine Loan Documents (First Mezzanine) shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Default or Event of Default shall have occurred and be continuing; and Mezzanine Borrower shall be in compliance in all material respects with all terms and conditions set forth in this Agreement and in each other Mezzanine Loan Document (First Mezzanine) on its part to be observed or performed; and (b) The representations and warranties of (i) Mortgage Borrower contained in the Loan Agreement (Mortgage) and the other Loan Documents (Mortgage) and (ii) each Senior Mezzanine Borrower contained in the Senior Mezzanine Loan Documents shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Mortgage Default, Default or Mortgage Event of Default or “Default” or “Event of Default” (as defined in each Senior Mezzanine Loan Agreement) shall have occurred and be continuing; and Mortgage Borrower, each Senior Mezzanine Borrower and Guarantor shall be in compliance in all material respects with all terms and conditions set forth in the Loan Agreement (Mortgage) and each Senior Mezzanine Loan Agreement, as applicable, and in each other Loan Document (Mortgage) and each Senior Mezzanine Loan Document, as applicable, on its part to be observed or performed.

Representations and Warranties; Compliance with Conditions. (a) The representations and warranties of Mezzanine Borrower contained in this Agreement and the other Mezzanine Loan Documents (Intermediate Mezzanine) shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Default or Event of Default shall have occurred and be continuing; and Mezzanine Borrower shall be in compliance in all material respects with all terms and conditions set forth in this Agreement and in each other Mezzanine Loan Document (Intermediate Mezzanine) on its part to be observed or performed; and (b) The representations and warranties of (i) Mortgage Borrower contained in the Loan Agreement (Mortgage) and the other Loan Documents (Mortgage) ), and (ii) each Senior Mezzanine Borrower contained in the Senior Mezzanine Loan Documents Agreement, shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Mortgage Default, Mortgage Default or Event of Default or “Default” or “Event of Default” (as defined in each Senior Mezzanine Loan Agreement) shall have occurred and be continuingcontinuing under the Mortgage Loan or Senior Mezzanine Loan, as applicable; and Mortgage Borrower, each Senior Mezzanine Borrower Borrower, and Guarantor shall be in compliance in all material respects with all terms and conditions set forth in the Loan Agreement (Mortgage) and each ), Senior Mezzanine Loan Agreement, as applicable, and in each other Loan Document (Mortgage) and each Loan Document (Senior Mezzanine Loan Document, as applicable, Mezzanine) on its part to be observed or performed, as applicable.

Representations and Warranties; Compliance with Conditions. (a) The representations and warranties of Mezzanine Borrower and Guarantor contained in this Agreement and the other Mezzanine Loan Documents (Mezzanine) shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Default with respect to the payment of money or Event of Default shall have occurred and be continuing; and Mezzanine Borrower shall be in compliance in all material respects with all terms and conditions set forth in this Agreement and in each other Mezzanine Loan Document (Mezzanine) on its part to be observed or performed; and (b) The representations and warranties of (i) Mortgage Borrower and Guarantor contained in the Loan Agreement (Mortgage) and the other Loan Documents (Mortgage) and (ii) each Senior Mezzanine Borrower contained in the Senior Mezzanine Loan Documents shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Mortgage Default, Default with respect to payment of money or Mortgage Event of Default or “Default” or “Event of Default” (as defined in each Senior Mezzanine Loan Agreement) shall have occurred and be continuing; and Mortgage Borrower, each Senior Mezzanine Borrower and Guarantor shall be in compliance in all material respects with all terms and conditions set forth in the Loan Agreement (Mortgage) and each Senior Mezzanine Loan Agreement, as applicable, and in each other Loan Document (Mortgage) and each Senior Mezzanine Loan Document, as applicable, on its part to be observed or performed.

Representations and Warranties; Compliance with Conditions. (a) The representations and warranties of Mezzanine Borrower contained in this Agreement and the other Mezzanine Loan Documents (Mezzanine) shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Default or Event of Default shall have occurred and be continuing; continuing and Mezzanine Borrower shall be in compliance in all material respects with all terms and conditions set forth in this Agreement and in each other Mezzanine Loan Document (Mezzanine) on its part to be observed or performed; and (b) The representations and warranties of (i) Mortgage Borrower contained in the Loan Agreement (Mortgage) and the other Loan Documents (Mortgage) and (ii) each Senior Mezzanine Borrower contained in the Senior Mezzanine Loan Documents shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Mortgage Default, Default or Mortgage Event of Default or “Default” or “Event of Default” (as defined in each Senior Mezzanine Loan Agreement) shall have occurred and be continuing; continuing and Mortgage Borrower, each Senior Mezzanine Borrower and Guarantor shall be in compliance in all material respects with all terms and conditions set forth in the Loan Agreement (Mortgage) and each Senior Mezzanine Loan Agreement, as applicable, and in each other Loan Document (Mortgage) and each Senior Mezzanine Loan Document, as applicable, on its part to be observed or performed.

Representations and Warranties; Compliance with Conditions. (a) The representations and warranties of Mezzanine Borrower contained in this Agreement and the other Mezzanine Loan Documents (Senior Mezzanine) shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Default or Event of Default shall have occurred and be continuing; and Mezzanine Borrower shall be in compliance in all material respects with all terms and conditions set forth in this Agreement and in each other Mezzanine Loan Document (Senior Mezzanine) on its part to be observed or performed; and (b) The representations and warranties of (i) Mortgage Borrower contained in the Loan Agreement (Mortgage) and the other Loan Documents (Mortgage) and (ii) each Senior Mezzanine Borrower contained in the Senior Mezzanine Loan Documents shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Mortgage Default, Default or Mortgage Event of Default or “Default” or “Event of Default” (as defined in each Senior Mezzanine Loan Agreement) shall have occurred and be continuing; and Mortgage Borrower, each Senior Mezzanine Borrower and Guarantor shall be in compliance in all material respects with all terms and conditions set forth in the Loan Agreement (Mortgage) and each Senior Mezzanine Loan Agreement, as applicable, and in each other Loan Document (Mortgage) and each Senior Mezzanine Loan Document, as applicable, on its part to be observed or performed.

Representations and Warranties; Compliance with Conditions. (a) The representations and warranties of Mezzanine Borrower contained in this Agreement and the other Mezzanine Loan Documents (Second Mezzanine) shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Default or Event of Default shall have occurred and be continuing; and Mezzanine Borrower shall be in compliance in all material respects with all terms and conditions set forth in this Agreement and in each other Mezzanine Loan Document (Second Mezzanine) on its part to be observed or performed; and (b) The representations and warranties of (i) Mortgage Borrower contained in the Loan Agreement (Mortgage) and the other Loan Documents (Mortgage) and (ii) each Senior Mezzanine Borrower contained in the Senior Mezzanine Loan Documents shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Mortgage Default, Default or Mortgage Event of Default or “Default” or “Event of Default” (as defined in each Senior Mezzanine Loan Agreement) shall have occurred and be continuing; and Mortgage Borrower, each Senior Mezzanine Borrower and Guarantor shall be in compliance in all material respects with all terms and conditions set forth in the Loan Agreement (Mortgage) and each Senior Mezzanine Loan Agreement, as applicable, and in each other Loan Document (Mortgage) and each Senior Mezzanine Loan Document, as applicable, on its part to be observed or performed.

Representations and Warranties; Compliance with Conditions. (a) The representations and warranties of Mezzanine Borrower and Guarantor contained in this Agreement and the other Mezzanine Loan Documents (Junior Tier Mezzanine) shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Default with respect to the payment of money or Event of Default shall have occurred and be continuing; and Mezzanine Borrower shall be in compliance in all material respects with all terms and conditions set forth in this Agreement and in each other Mezzanine Loan Document (Junior Tier Mezzanine) on its part to be observed or performed; and (b) The representations and warranties of (i) Mortgage Borrower and Guarantor contained in the Loan Agreement (Mortgage) and the other Loan Documents (Mortgage) and (ii) each Senior Mezzanine Borrower contained in the Senior Mezzanine Loan Documents shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Mortgage Default, Default with respect to payment of money or Mortgage Event of Default or “Default” or “Event of Default” (as defined in each Senior Mezzanine Loan Agreement) shall have occurred and be continuing; and Mortgage Borrower, each Senior Mezzanine Borrower and Guarantor shall be in compliance in all material respects with all terms and conditions set forth in the Loan Agreement (Mortgage) and each Senior Mezzanine Loan Agreement, as applicable, and in each other Loan Document (Mortgage) and each Senior Mezzanine Loan Document, as applicable, on its part to be observed or performed. (c) The representations and warranties of Senior Tier Mezzanine Borrower and Guarantor contained in the Loan Agreement (Senior Tier Mezzanine) and the other Loan Documents (Senior Tier Mezzanine) shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Senior Tier Mezzanine Default with respect to payment of money or Senior Tier Mezzanine Event of Default shall have occurred and be continuing; and Senior Tier Mezzanine Borrower and Guarantor shall be in compliance in all material respects with all terms and conditions set forth in the Loan Agreement (Senior Tier Mezzanine) and in each other Loan Document (Senior Tier Mezzanine) on its part to be observed or performed.

Representations and Warranties; Compliance with Conditions. (a) The representations and warranties of Mezzanine Borrower contained in this Agreement and the other Mezzanine Loan Documents (Junior Mezzanine) shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Default or Event of Default shall have occurred and be continuing; and Mezzanine Borrower shall be in compliance in all material respects with all terms and conditions set forth in this Agreement and in each other Mezzanine Loan Document (Junior Mezzanine) on its part to be observed or performed; and (b) The representations and warranties of (i) Mortgage Borrower contained in the Loan Agreement (Mortgage) and the other Loan Documents (Mortgage) and ), (ii) each Senior Mezzanine Borrower contained in the Senior Mezzanine Loan Agreement and the other Senior Mezzanine Loan Documents, and (iii) Intermediate Mezzanine Borrower contained in the Intermediate Mezzanine Loan Agreement and the other Intermediate Mezzanine Loan Documents shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Mortgage Default, Mortgage Default or Event of Default or “Default” or “Event of Default” (as defined in each Senior Mezzanine Loan Agreement) shall have occurred and be continuingcontinuing under the Mortgage Loan, Senior Mezzanine Loan, or Intermediate Mezzanine Loan, as applicable; and Mortgage Borrower, each Senior Mezzanine Borrower Borrower, Intermediate Mezzanine Borrower, and Guarantor shall be in compliance in all material respects with all terms and conditions set forth in the Loan Agreement Documents (Mortgage) and each ), the Senior Mezzanine Loan Agreement, as applicableDocuments, and in each other Loan Document (Mortgage) and each Senior the Intermediate Mezzanine Loan Document, as applicable, Documents on its part to be observed or performed, as applicable.

Representations and Warranties; Compliance with Conditions. (a) The representations and warranties of Mezzanine Borrower contained in this Agreement and the other Mezzanine Loan Documents (Fourth Mezzanine) shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Default or Event of Default shall have occurred and be continuing; and Mezzanine Borrower shall be in compliance in all material respects with all terms and conditions set forth in this Agreement and in each other Mezzanine Loan Document (Fourth Mezzanine) on its part to be observed or performed; and (b) The representations and warranties of (i) Mortgage Borrower contained in the Loan Agreement (Mortgage) and the other Loan Documents (Mortgage) and (ii) each Senior Mezzanine Borrower contained in the Senior Mezzanine Loan Documents shall be true and correct in all material respects on and as of the Closing Date with the same effect as if made on and as of such date, and no Mortgage Default, Default or Mortgage Event of Default or “Default” or “Event of Default” (as defined in each Senior Mezzanine Loan Agreement) shall have occurred and be continuing; and Mortgage Borrower, each Senior Mezzanine Borrower and Guarantor shall be in compliance in all material respects with all terms and conditions set forth in the Loan Agreement (Mortgage) and each Senior Mezzanine Loan Agreement, as applicable, and in each other Loan Document (Mortgage) and each Senior Mezzanine Loan Document, as applicable, on its part to be observed or performed.