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, 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, 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 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, 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(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, Agent with respect to LeasesLeases of the Project that, thatto its knowledge: (ai) the rent roll attached hereto occupancy certificate separately delivered to Agent at or prior to Closing, if any, is true and correct as Schedule 5.1(b) is true, correct and completeof the date hereof, and the leases Leases are valid and in and full force and effect; (bii) the Leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (ciii) the copies of the Leases delivered to Lender Agent are true, correct true and complete; (div) neither the landlord nor, to Borrower’s knowledge, nor any tenant is in default under any of the non-residential Leases; (ev) Borrower has no knowledge of any notice of termination or default with respect to any non-residential Lease; (fvi) Borrower has not assigned or pledged (and has not permitted Master Tenant or Guarantor to assign or pledge) any of the Leases, the rents or any interests therein therein, except to LenderAgent; (gvii) except as set forth in the rent roll attached as Schedule 5.1(b), no non-residential tenant or other party has any right or an option to purchase all or any portion of the Project; (hviii) no tenant has the right to terminate its Lease prior to expiration of the stated term of such LeaseLease (unless due to casualty or condemnation of the Project); and (iix) 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).

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, true and correct and completeto the extent of its terms, 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) to Borrower's knowledge, neither the landlord nor, to Borrower’s knowledge, nor any tenant is in monetary default or material non-monetary default under any of the Leasesleases except as otherwise set forth on Schedule 6.1; (e5) Borrower has received no knowledge of any written notice of termination or default with respect to any Leaselease except as otherwise set forth on Schedule 6.1; (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; 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).

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, thatleases of the Project that to the best of Borrower's knowledge: (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 Lender, Administrative Agent and the Lenders with respect to LeasesLeases that, that: (a) except as described in the rent roll attached hereto as Schedule 5.1(bor the tenant estoppel certificates delivered to Administrative Agent in connection with the closing of the Loans: (1) to Borrower’s knowledge, the rent roll delivered to Administrative Agent is true, true and correct and completein all material respects, 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 Administrative Agent are true, correct true and completecomplete in all material respects; (d4) neither the landlord nor, to Borrower’s knowledge, neither the landlord nor any tenant is in default under any of the LeasesLeases in any material respect (other than a default by the tenant under the Lease with NYLC, LLC (the “LeCirque Lease)); (e5) Borrower has no knowledge of any notice of termination or default with respect to any Lease (other than a notice of default given by Borrower to the tenant under the Le Cirque Lease); (f6) Borrower has not assigned or pledged any of the Leases, the rents Rents or any interests therein except to LenderAdministrative Agent (on behalf of the Lenders) and except for such previous assignments as shall have been terminated; (g7) except as set forth in the rent roll attached as Schedule 5.1(b), no tenant or other party has any an unexpired option (or right or option of first refusal) 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) 8) no tenant has prepaid more than one (1) month’s rent in advance (except for bona fide excluding (i) security depositsdeposits and last month’s rent as are permitted by applicable law and are commercially reasonable in the prevailing market and (ii) other charges collected in accordance with the terms of the applicable Lease).. Section 6.2

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 Lender, the 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) 6.1 and delivered to the Administrative Agent is truetrue and correct in all material respects, correct and, subject to the terms and completeconditions therein, 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 the 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 Leases; (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 Lenderthe Administrative 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) no tenant has the right to terminate its Lease prior to expiration of the stated term of such Lease; and (i) 8) 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, the Administrative Agent and the Lenders with respect to Leases, thatleases of the Project that except as disclosed in Schedule 5.1: (a1) to Borrower's knowledge, the rent roll attached hereto as Schedule 5.1(b) delivered to the Administrative Agent is true, true and correct and completein all material respects, 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 the Administrative Agent are true, correct true and complete; (d4) to Borrower's knowledge, 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 Lenderthe Administrative 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; and (i9) as of the date hereof, no tenant has prepaid more than one (1) month’s 's rent in advance (except for bona fide security deposits); and (10) all tenant security deposits paid in cash by tenants under leases at the Project (and the cash proceeds of any non-cash security deposits drawn or otherwise realized upon by Borrower) shall be deposited into the Security Deposit Account as and when received by the Borrower.

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, 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, the Administrative Agent and the Lenders with respect to Leases, that: (a) leases of the rent roll attached hereto as Schedule 5.1(b) is Projects that the following are true, correct and completecomplete in all material respects: (1) to Borrower's knowledge, the rent rolls delivered to the Administrative Agent are each true and correct, 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 the Administrative Agent are true, correct true and complete; (d4) to Borrower's knowledge, 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 Lenderthe Administrative 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 any 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 's rent in advance (except for bona fide security depositsdeposits not in excess of an amount equal to two months 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: (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.

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(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender, Agent with respect to LeasesLeases of the Projects that, thatto its knowledge: (ai) the rent roll attached hereto occupancy certificate separately delivered to Agent at or prior to Closing, if any, is true and correct as Schedule 5.1(b) is true, correct and completeof the date hereof, and the leases Leases are valid and in and full force and effect; (bii) the Leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (ciii) the copies of the Leases delivered to Lender Agent are true, correct true and complete; (div) neither the landlord nor, to Borrower’s knowledge, nor any tenant is in default under any of the non-residential Leases; (ev) Borrower has no knowledge of any notice of termination or default with respect to any non-residential Lease; (fvi) Borrower has not assigned or pledged any of the Leases, the rents or any interests therein therein, except to LenderAgent; (gvii) except as set forth in the rent roll attached as Schedule 5.1(b), no non-residential tenant or other party has any right or an option to purchase all or any portion of the any Project; (hviii) no tenant has the right to terminate its Lease prior to expiration of the stated term of such LeaseLease (unless due to casualty or condemnation of the Project); and (iix) except for the prepayment of rent made by Xxxxxx Xxxxx as shown on the rent roll, 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).

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, the Administrative Agent and the Lenders with respect to Leases, that: (a) leases of the rent roll attached hereto as Schedule 5.1(b) is Projects that the following are true, correct and completecomplete in all material respects: (1) to Borrower's knowledge, the rent rolls delivered to the Administrative Agent are each true and correct, 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 the Administrative Agent are true, correct true and complete; (d4) to Borrower's knowledge, 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 Lenderthe Administrative 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 any 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 's rent in advance (except for bona fide security depositsdeposits not in excess of an amount equal to two months rent).