Common use of Representations and Warranties on Leases Clause in Contracts

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, with respect to Leases, that: (a) the rent roll attached hereto as Schedule 5.1(b) is true, correct and complete, and the leases are valid and in full force and effect; (b) the Leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (c) the copies of the Leases delivered to Lender are true, correct and complete; (d) neither the landlord nor, to Borrower’s knowledge, any tenant is in default under any of the Leases; (e) Borrower has no knowledge of any notice of termination or default with respect to any Lease; (f) Borrower has not assigned or pledged any of the Leases, the rents or any interests therein except to Lender; (g) except as set forth in the rent roll attached as Schedule 5.1(b), no tenant or other party has any right or option to purchase all or any portion of the Project; (h) no tenant has the right to terminate its Lease prior to expiration of the stated term of such Lease; and (i) no tenant has prepaid more than one (1) month’s rent in advance (except for bona fide security deposits).

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, Lender with respect to Leases, all Leases that: (a1) the rent roll attached hereto delivered to Lender for each Property is true and correct as Schedule 5.1(bof the date of such rent roll (provided that if Whitehall has owned a direct or indirect interest in Borrower for less than two (2) months prior to the Closing Date, the foregoing representation and warranty is true, correct and completemade to Borrower's knowledge), and the leases Leases are valid and in and full force and effect; (b2) the Leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (c3) the copies of the Leases delivered to Lender are true, correct true and complete; (d4) to Borrower's knowledge, except as set forth in Schedule 5.1(A), neither the landlord nor, to Borrower’s knowledge, nor any tenant Tenant is in material default under any of the Leases; (e5) except as set forth in Schedule 5.1(B), (a) Borrower has no knowledge knowledge, after due inquiry, of any notice of termination or default with respect to any LeaseNon-Storage Lease and (b) to Borrower's knowledge, after due inquiry, not more than 5% of the Leases at any Storage Property are the subject of any notices of termination or default; (f6) Borrower has not assigned or pledged any of the Leases, the rents or any interests therein except to Lender; (g) except as set forth in the rent roll attached as Schedule 5.1(b), no tenant or other party has any right or option to purchase all or any portion of the Project; (h) no tenant has the right to terminate its Lease prior to expiration of the stated term of such Lease; and (i) no tenant has prepaid more than one (1) month’s rent in advance (except for bona fide security deposits).;

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto Borrowers represent and made a part hereof, Borrower represents warrant to Administrative Agent and warrants to Lender, Lenders with respect to Leasesthe Leases that except as set forth on Schedule 4.1, that: (ai) the rent roll attached hereto as Schedule 5.1(bdelivered to Administrative Agent with respect to such Leases is true and correct; (ii) is true, correct and complete, and the leases such Leases are valid and in full force and effect; (biii) the Leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (civ) the copies of the Leases delivered to Lender Administrative Agent are true, correct true and complete; (dv) neither the landlord nor, to Borrower’s knowledgeKnowledge, any tenant is in default under any of the Leases; (evi) Borrower has except as disclosed in estoppel certificates delivered by or on behalf of any Tenant, Borrowers have no knowledge of any notice of termination or default with respect to any Lease; (fvii) Borrower has Borrowers have not assigned or pledged any of the Leases, the rents or any interests therein except to LenderAdministrative Agent and Lenders; (gviii) except as set forth in the rent roll attached as on Schedule 5.1(b)4.1, no tenant Tenant or other party has any right or an option to purchase all or any portion of the any Project; (hix) except as set forth in the Leases, no tenant Tenant has the right to terminate its Lease prior to expiration of the stated term of such Lease; and (ix) except as set forth in any estoppel certificates delivered by or on behalf of any Tenant, no tenant Tenant has prepaid more than one (1) month’s rent in advance (except for bona fide security deposits).

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, Lender with respect to Leases, leases of the Project that: (a1) the rent roll attached hereto as Schedule 5.1(b) delivered to Lender is true, correct true and completecorrect, and the leases are valid and in full force and effect; (b2) the Leases leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (c3) the copies of the Leases leases delivered to Lender are true, correct true and complete; (d4) neither the landlord nor, to Borrower’s knowledge, nor any tenant is in default under any of the Leasesleases; (e5) Borrower has no knowledge of any notice of termination or default with respect to any Leaselease; (f6) Borrower has not assigned or pledged any of the Leasesleases, the rents or any interests therein except to Lender; (g7) except as set forth in the rent roll attached as Schedule 5.1(b), no tenant or other party has any right or an option to purchase all or any portion of the Project; (h) 8) except as expressly set forth in the leases provided to Lender prior to the Closing Date, no tenant has the right to terminate its Lease lease prior to expiration of the stated term of such Leaselease; and (i9) no tenant has prepaid more than one (1) month’s 's rent in advance (except for bona fide security depositsdeposits not in excess of an amount equal to two month's rent); and (10) all existing leases are subordinate to the Mortgage either pursuant to their terms or a recorded subordination agreement.

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, Administrative Agent and the Lenders with respect to Leases, leases of the Project that: (a1) to Borrower’s knowledge, the rent roll attached hereto as Schedule 5.1(b) delivered to Administrative Agent is true, correct true and completecorrect, and the leases are valid and in and full force and effect; (b2) the Leases leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (c3) the copies of the Leases leases delivered to Lender Administrative Agent are true, correct true and complete; (d4) neither the landlord nor, to Borrower’s knowledge, neither the landlord nor any tenant is in default under any of the Leasesleases; (e5) Borrower has no knowledge of any notice of termination or default with respect to any Leaselease; (f6) Borrower has not assigned or pledged any of the Leasesleases, the rents or any interests therein except to LenderAdministrative Agent (on behalf of the Lenders); (g7) except as set forth in the rent roll attached as Schedule 5.1(b), no tenant or other party has any right or an option to purchase all or any portion of the Project; (h) 8) no tenant has the right to terminate its Lease lease prior to expiration of the stated term of such Leaselease except in the case of a casualty or condemnation of the Project to the extent permitted pursuant to the terms and conditions of such lease; and (i9) no tenant has prepaid more than one (1) month’s rent in advance (except for bona fide security depositsdeposits not in excess of an amount equal to two month’s rent). To the extent that any part of the Land is located in the State of New York, reference is hereby made to Section 291-f of the Real Property Law of the State of New York for purposes of obtaining for Administrative Agent and the Lender the benefits of said Section in connection herewith.

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, Lender with respect to Leases, leases of the Project that: (a) the rent roll attached hereto as Schedule 5.1(b) delivered to Lender is true, true and correct and completein all material respects, and the leases are valid and in and full force and effect; (b) the Leases leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (c) the copies of the Leases delivered to Lender are true, correct and complete; (d) neither the landlord nor, to Borrower’s knowledge, any tenant is not in default under any of the Leasesleases; (ed) Borrower has no knowledge of any notice of termination or default with respect to any Leaselease except as disclosed to Lender in writing; (fe) Borrower has not assigned or pledged any of the Leasesleases, the rents or any interests therein except to Lender; (gf) except as set forth in the rent roll attached as Schedule 5.1(b), no tenant or other party has any right or an option to purchase all or any portion of the Project; (hg) no tenant has the right to terminate its Lease lease prior to expiration of the stated term of such Leaselease; and (ih) no tenant has prepaid more than one (1) month’s rent in advance (except for bona fide security deposits)all existing leases are subordinate to the Mortgage either pursuant to their terms or a recorded subordination agreement.

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, Lender with respect to Leasesleases of the Project that, thatexcept as set forth in any writing delivered to Lender prior to the Closing Date: (a) the rent roll attached hereto as Schedule 5.1(b) delivered to Lender is true, correct true and completecorrect, and the leases are valid and in and full force and effect; (b) the Leases leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (c) the copies of the Leases leases delivered to Lender are true, correct true and complete; (d) neither the landlord nor, to Borrower’s knowledge, nor any tenant is in default under any of the Leasesleases; (e) Borrower has no knowledge of any notice of termination or default with respect to any Leaselease; (f) Borrower has not assigned or pledged any of the Leasesleases, the rents or any interests therein except to Lender; (g) except as set forth in any writing delivered to Lender prior to the rent roll attached as Schedule 5.1(b)Closing Date, no tenant or other party has any right or an option to purchase all or any portion of the Project; (h) except as set forth in any writing delivered to Lender prior to the Closing Date, no tenant has the right to terminate its Lease lease prior to expiration of the stated term of such Leaselease; and (i) no tenant has prepaid more than one (1) month’s rent in advance (except for bona fide security depositsdeposits not in excess of an amount equal to two month’s rent).

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, Lender with respect to Leases, leases of the Project that: (a) the rent roll attached hereto as Schedule 5.1(b) delivered to Lender is true, correct true and completecorrect, and the leases are valid and in and full force and effect; (b) the Leases leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (c) the copies of the Leases leases delivered to Lender are true, correct true and complete; (d) neither the landlord nor, to Borrower’s knowledge, nor any tenant is in default under any of the Leasesleases; (e) Borrower has no knowledge of any notice of termination or default with respect to any Leaselease; (f) Borrower has not assigned or pledged any of the Leasesleases, the rents or any interests therein except to Lender; (g) except as set forth in the rent roll attached as Schedule 5.1(b), no tenant or other party has any right or an option to purchase all or any portion of the Project; (h) no tenant has the right to terminate its Lease lease prior to expiration of the stated term of such Leaselease except as set forth therein; and (i) no tenant has prepaid more than one (1) month’s 's rent in advance (except for bona fide security depositsdeposits not in excess of an amount equal to two month's rent); and (j) all existing leases are subordinate to the Mortgage either pursuant to their terms or a recorded subordination agreement.

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, Administrative Agent and the Lenders with respect to Leases, leases of the Project that: (a1) to Borrower’s knowledge, the rent roll attached hereto as Schedule 5.1(b) delivered to Administrative Agent is true, correct true and completecorrect, and the leases are valid and in and full force and effect; (b2) the Leases leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (c3) the copies of the Leases leases delivered to Lender Administrative Agent are true, correct true and complete; (d4) neither the landlord nor, to Borrower’s knowledge, neither the landlord nor any tenant is in default under any of the Leasesleases; (e5) Borrower has no knowledge of any notice of termination or default with respect to any Leaselease; (f6) Borrower has not assigned or pledged any of the Leasesleases, the rents or any interests therein except to LenderAdministrative Agent (on behalf of the Lenders); (g7) except as set forth in the rent roll attached as Schedule 5.1(b), no tenant or other party has any right or an option to purchase all or any portion of the Project; (h) 8) no tenant has the right to terminate its Lease lease prior to expiration of the stated term of such Leaselease except in the case of a casualty or condemnation of the Project to the extent permitted pursuant to the terms and conditions of such lease; and (i9) no tenant has prepaid more than one (1) month’s rent in advance (except for bona fide security depositsdeposits not in excess of an amount equal to two month ’s rent). To the extent that any part of the Land is located in the State of New York, reference is hereby made to Section 291-f of the Real Property Law of the State of New York for purposes of obtaining for Administrative Agent and the Lender the benefits of said Section in connection herewith.

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, Lender with respect to Leases, leases of the Project that: (a) the rent roll attached hereto as Schedule 5.1(b) delivered to Lender is true, correct true and completecorrect, and the leases are valid and in and full force and effect; (b) the Leases leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (c) the copies of the Leases leases delivered to Lender are true, correct true and complete; (d) neither the landlord nor, to Borrower’s knowledge, nor any tenant is in default under any of the Leasesleases; (e) Borrower has no knowledge of any notice of termination or default with respect to any Leaselease; (f) Borrower has not assigned or pledged any of the Leasesleases, the rents or any interests therein except to Lender; (g) except as set forth in the rent roll attached as Schedule 5.1(b), no tenant or other party has any right or an option to purchase all or any portion of the Project; (h) no tenant has the right to terminate its Lease lease prior to expiration of the stated term of such Leaselease; and (i) no tenant has prepaid more than one (1) month’s 's rent in advance (except for bona fide security depositsdeposits not in excess of an amount equal to two month's rent); and (j) all existing leases are subordinate to the Mortgage either pursuant to their terms or a recorded subordination agreement.

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to LenderAgent and the Banks as of the Closing Date, with respect to Leases, that: (a1) to Borrower’s knowledge, the rent roll attached hereto as Schedule 5.1(b) delivered to Agent is true, correct and complete, and the leases are valid and complete based on Leases in full force and effecteffect on the date hereof; (b2) the Leases (including amendments) are in writing, and and, to Borrower’s knowledge, there are no oral agreements with respect thereto; (c3) to Borrower’s knowledge, the copies of the Leases delivered to Lender Agent are true, correct and complete; (d4) neither the landlord nor, to Borrower’s knowledge, neither the landlord nor any tenant has given or received written notice that either is in default under any of the LeasesLeases (other than with respect to defaults that have been cured); (e5) Borrower has no knowledge of any notice of termination or default with respect to any Lease; (f6) Borrower has not assigned or pledged any of the Leases, the rents or any interests therein except to LenderAgent; (g7) to Borrower’s knowledge, except as set forth in the rent roll attached as Schedule 5.1(b)delivered to Agent, no tenant or other party has any right or option to purchase all or any portion of the Project; (h) 8) except as set forth in the Leases, to Borrower’s knowledge, no tenant has the right to terminate its Lease prior to expiration of the stated term of such Lease; and (i9) to Borrower’s knowledge, no tenant has prepaid more than one (1) month’s rent in advance (except for bona fide security deposits).

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, Lender with respect to Leases, leases of the Project that: (a) the rent roll attached hereto as Schedule 5.1(b) delivered to Lender is true, true and correct and completein all material respects, and the leases are valid and in and full force and effect; (b) the Leases leases (including amendments) are in writing, and to Borrower's knowledge there are no oral agreements with respect thereto; (c) except for delinquencies shown on the copies of the Leases rent roll delivered to Lender are trueLender, correct and complete; (d) neither the landlord nor, to Borrower’s knowledge, nor any tenant is in default under any of the Leasesleases; (ed) except in the normal course of business of an apartment complex, Borrower has no knowledge of any notice of termination or default with respect to any Leaselease; (fe) Borrower has not assigned or pledged any of the Leasesleases, the rents or any interests therein except to Lender; (gf) except as set forth in the rent roll attached as Schedule 5.1(b), no tenant or other party has any right or an option to purchase all or any portion of the Project; (hg) no tenant has the right to terminate its Lease lease prior to expiration of the stated term of such Leaselease; and (ih) no tenant has prepaid more than one (1) month’s 's rent in advance (except for bona fide security depositsdeposits not in excess of an amount equal to two month's rent); and (i) all existing leases are subordinate to the Mortgage either pursuant to their terms or a recorded subordination agreement.

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, Administrative Agent and the Lenders with respect to Leases, leases of the Project that: (a1) to Borrower’s knowledge, the rent roll attached hereto as Schedule 5.1(b) delivered to Administrative Agent is true, correct true and completecorrect, and the leases are valid and in and full force and effect; (b2) the Leases leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (c3) the copies of the Leases leases delivered to Lender Administrative Agent are true, correct true and complete; (d4) neither the landlord nor, to Borrower’s knowledge, neither the landlord nor any tenant is in default under any of the Leasesleases; (e5) Borrower has no knowledge of any notice of termination or default with respect to any Leaselease; (f6) Borrower has not assigned or pledged any of the Leasesleases, the rents or any interests therein except to LenderAdministrative Agent (on behalf of the Lenders); (g7) except as set forth in the rent roll attached as Schedule 5.1(b), no tenant or other party has any right or an option to purchase all or any portion of the Project; (h) 8) no tenant has the right to terminate its Lease lease prior to expiration of the stated term of such Leaselease except in the case of a casualty or condemnation of the Project to the extent permitted pursuant to the terms and conditions of such lease; and (i9) no tenant has prepaid more than one (1) month’s rent in advance (except for bona fide security depositsdeposits not in excess of an amount equal to two month ‘s rent). To the extent that any part of the Land is located in the State of New York, reference is hereby made to Section 291-f of the Real Property Law of the State of New York for purposes of obtaining for Administrative Agent and the Lender the benefits of said Section in connection herewith.

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, Lender with respect to Leases, leases of the Project that: (a) the rent roll attached hereto as Schedule 5.1(b) delivered to Lender is true, correct true and completecorrect, and the leases are valid and in full force and effect; (b) the Leases leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (c) the copies of the Leases leases delivered to Lender are true, correct true and complete; (d) neither the landlord nor, to Borrower’s knowledge, nor any tenant is in default under any of the Leasesleases; (e) Borrower has no knowledge of any notice of termination or default with respect to any Leaselease; (f) Borrower has not assigned or pledged any of the Leasesleases, the rents or any interests interest therein except to Lender; (g) except as set forth in the rent roll attached as Schedule 5.1(b), no tenant or other party has any right or an option to purchase all or any portion of the Project; (h) no tenant has the right to terminate its Lease lease prior to expiration of the stated term of such Leaselease; and (i) no tenant has prepaid more than one (1) month’s 's rent in advance (except for bona fide security depositsdeposits not in excess of an amount equal to two month's rent); and (j) all existing leases are subordinate to the Mortgage either pursuant to their terms or a recorded subordination agreement.

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, Lender with respect to Leases, leases of the Projects that: (a) to Borrower’s knowledge, the rent roll attached hereto as Schedule 5.1(b) is true, correct rolls of the Projects delivered to Lender are true and completecorrect, and the leases are valid and in full force and effect; (b) the Leases leases (including amendments) are in writing, and and, to Borrower’s knowledge, there are no oral agreements with respect thereto; (c) the copies of the Leases leases delivered to Lender are true, correct true and complete; (d) neither the landlord nor, to Borrower’s knowledge, neither the landlord nor any tenant is in default under any of the Leasesleases; (e) Borrower has no knowledge of any notice of termination or default with respect to any Leaselease; (f) Borrower has not assigned or pledged any of the Leasesleases, the rents or any interests therein except to Lender; (g) except as set forth in the rent roll attached as Schedule 5.1(b)to Borrower’s knowledge, no tenant or other party has any right or an option to purchase all or any portion of the any Project; (h) to Borrower’s knowledge, no tenant has the right to terminate its Lease lease prior to expiration of the stated term of such Leaselease; and (i) to Borrower’s knowledge, no tenant has prepaid more than one (1) month’s rent in advance (except for bona fide security depositsdeposits not in excess of an amount equal to two month’s rent); and (j) to Borrower’s knowledge, all existing leases are subordinate to the Mortgage either pursuant to their terms or a recorded subordination agreement.

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, Lender with respect to Leases, leases of the Project that: (a1) the rent roll attached hereto as Schedule 5.1(b) delivered to Lender is true, correct true and completecorrect, and the leases are valid and in full force and effect; (b2) the Leases leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (c3) the copies of the Leases leases delivered to Lender are true, correct true and complete; (d4) neither the landlord nor, to Borrower’s knowledgeexcept as disclosed in the rent roll, any tenant is in default under any of the Leasesleases; (e5) Borrower has no knowledge of any notice of termination or default with respect to any Leaselease; (f6) Borrower has not assigned or pledged any of the Leasesleases, the rents or any interests therein except to Lender; (g7) except as set forth in the rent roll attached as Schedule 5.1(b), no tenant or other party has any right or an option to purchase all or any portion of the Project; (h) 8) no tenant has the right to terminate its Lease lease prior to expiration of the stated term of such Leaselease; and (i9) no tenant has prepaid more than one (1) month’s three-months rent in advance (except for bona fide security depositsdeposits not in excess of an amount equal to two month’s rent); and (10) all existing leases are subordinate to the Mortgages either pursuant to their terms or a recorded subordination agreement.