REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH, CURE, REPURCHASE AND SUBSTITUTION; FINANCIAL COVENANTS 35 Section 2.01 Representations and Warranties of the Property Manager and the Back-Up Manager 35 Section 2.02 Representations and Warranties of the Issuers 38 Section 2.03 Recordings and Filings; Books and Records 39 Section 2.04 Repurchase or Transfer for Collateral Defects and Breaches of Representations and Warranties 41 Section 2.05 Non-Petition 43 Article III ADMINISTRATION AND SERVICING OF MORTGAGED PROPERTIES AND LEASES 44 Section 3.01 Administration of the Mortgaged Properties, Leases and Mortgage Loans 44 Section 3.02 Collection of Lease Payments and Loan Payments; Lockbox Accounts; Lockbox Transfer Accounts 45 Section 3.03 Collection of Real Estate Taxes and Insurance Premiums; Servicing Accounts; Property Protection Advances; P&I Advances; Emergency Property Expenses 46 Section 3.04 Collection Account; Release Account; Exchange Reserve Account 52 Section 3.05 Withdrawals From the Collection Account and the Release Account 54 Section 3.06 Investment of Funds in the Collection Account and the Release Account 55 Section 3.07 Maintenance of Insurance Policies; Errors and Omissions and Fidelity Coverage 57 Section 3.08 Enforcement of Alienation Clauses; Consent to Assignment 60 Section 3.09
REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH, CURE, REPURCHASE AND SUBSTITUTION; FINANCIAL COVENANTS
REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH, CURE, REPURCHASE AND SUBSTITUTION
REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH, CURE, REPURCHASE AND SUBSTITUTION; FINANCIAL COVENANTS
Section 2.01 Representations and Warranties of the Property Manager and the Back-Up Manager . 35 US-DOCS\ 96557504.7 102826315.7
(a) The Property Manager represents and warrants to the other parties hereto, and for the benefit of the Issuers, the Indenture Trustee on behalf of the Noteholders, as of each Series Closing Date:
(i) The Property Manager is a limited partnership duly organized, validly existing, and in good standing under the laws of the State of Delaware and is in compliance with the laws of each state (within the United States of America) in which any Mortgaged Property is located to the extent necessary to its performance under this Agreement; (ii) The execution and delivery of this Agreement by the Property Manager, and the performance and compliance with the terms of this Agreement by the Property Manager, do not violate its organizational documents or constitute an event that, with notice or lapse of time, or both, would constitute a default under, or result in the breach of, any material agreement or other instrument to which it is a party or by which it is bound; (iii) The Property Manager has the power and authority to enter into and consummate all transactions to be performed by it contemplated by this Agreement, has duly authorized the execution, delivery and performance by it of this Agreement, and has duly executed and delivered this Agreement; (iv) This Agreement, assuming due authorization, execution and delivery by each of the other parties hereto, constitutes a valid, legal and binding obligation of the Property Manager, enforceable against the Property Manager in accordance with the terms hereof (except as such enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws affecting creditors’ rights generally or by general equitable principles, whether considered in a proceeding at law or in equity and by an implied covenant of good faith and fair dealing); (v) The Property Manager is not in violation of, and its execution and delivery of this Agreement and its performance and compliance with the terms of this Agreement will not constitute a violation of, any law, any order or decree of any court or arbiter, or any order, regulation or demand of any federal, state or local governmental or regulatory authority, which violation is likely to affect materially and adversely e...
REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH, CURE, REPURCHASE AND SUBSTITUTION 23 Section 2.01. Representations and Warranties of AF Properties and the Back-Up Manager 23 Section 2.02. Representations and Warranties of the Issuer 26 Section 2.03. Recordings and Filings; Books and Records 27 Section 2.04. Repurchase or Transfer and Exchange for Collateral Defects and Breaches of Representations and Warranties 29 Section 2.05. Non Petition Agreement 30 ARTICLE III ADMINISTRATION AND SERVICING OF PROPERTIES AND LEASES 30 Section 3.01. Administration of the Properties and Leases 30
REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH,
REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH, CURE, REPURCHASE AND SUBSTITUTION 36 Section 2.01 Representations and Warranties of STORE Capital, the Back-Up Manager and the Issuers 36
REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH, CURE, REPURCHASE AND SUBSTITUTION; FINANCIAL COVENANTS 3136
Section 2.01 Representations and Warranties of Spirit Realtythe Property Manager and the Back-Up Manager 3136
Section 2.02 Representations and Warranties of the Issuers 3438
Section 2.03 Recordings and Filings; Books and Records 3640
Section 2.04 Repurchase or Transfer for Collateral Defects and Breaches of Representations and Warranties 3742 Section 2.05 Non-Petition 4044 Article III ADMINISTRATION AND SERVICING OF MORTGAGED PROPERTIES AND LEASES 4045 Section 3.01 Administration of the Mortgaged Properties, Leases and Mortgage Loans 4045
REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND
REPRESENTATIONS AND WARRANTIES; RECORDINGS AND FILINGS. BOOKS AND RECORDS; DEFECT, BREACH, CURE, REPURCHASE AND SUBSTITUTION; FINANCIAL COVENANTS Section
2.01 Representations and Warranties of Spirit Realtythe Property Manager and the Back-Up Manager.
