Representations of Mortgagor. To the knowledge of Mortgagor, (1) such Mortgaged Leases are unmodified and in full force and effect, (2) all rent and other charges therein have been paid to the extent they are payable to the date hereof, (3) Mortgagor enjoys the quiet and peaceful possession of such Premises, (4) Mortgagor is not in default under any of the terms thereof and there are no circumstances which, with the passage of time or the giving of notice or both, would constitute an event of default thereunder, (5) the lessor thereunder is not in default under any of the terms or provisions thereof on the part of the lessor to be observed or performed;
Representations of Mortgagor. To the knowledge of Mortgagor, (1) the representations and warranties set forth in Section 6.21 of the Credit Agreement as they relate to the Mortgaged Leases are true and correct, and (2) Mortgagor is not in material default under any of the terms of the Mortgaged Leases and there are no circumstances which, with the passage of time or the giving of notice or both, would constitute a material event of default under the Mortgaged Leases;
Representations of Mortgagor. Mortgagor covenants, represents and warrants to Mortgagee that (a) the Buildings currently erected on the Land and the use thereof are in compliance with all applicable zoning and building codes, ordinances and regulations for the use and operation of the Land and Buildings, and all necessary permits, approvals and certificates have been obtained and are in full force and effect, (b) any building hereafter constructed on the Land shall be constructed in compliance with all applicable zoning and building codes, ordinances and regulations and shall lie wholly within the boundaries of the Land, (c) the Buildings shall at all times be independent and self-contained operating units, and (d) the Land shall at all times be a separate tax lot.
Representations of Mortgagor. Mortgagor affirmatively represents and warrants that the written terms of the Note, this Mortgage, the Assignment of Leases, the Assignment of Rents, the financing statements, any other Loan Documents and any other documents executed in connection with the Loan, and each of them, accurately reflect the understanding of Mortgagor, as to all matters addressed therein, and Mortgagor further represents and warrants that there are no other agreements or understandings, written or oral, which exist between Mortgagor and Mortgagee relating to the matters addressed in said documents.
Representations of Mortgagor. Mortgagor represents and agrees that: (i) no partner, member or stockholder of Mortgagor is or will be an officer or director of Mortgagee or is or will be a son, daughter, mother, father or spouse of an officer or director of Mortgage; and (ii) neither Mortgagor nor any partner, member or stockholder of Mortgagor is or will be, and no direct legal or beneficial interest in Mortgagor is or will be held by, a "foreign person" within the meaning of Sections 1445 and 7701 of the Internal Revenue Code of 1986, and the amendments of such Code or Regulations as promulgated pursuant to such Code.
Representations of Mortgagor. Section 8.01 ERISA..........................................................24 Section 8.02 NON-RELATIONSHIP...............................................24 Section 8.03 NO ADVERSE CHANGE..............................................24 Section 8.04 FIRPTA.........................................................24
Representations of Mortgagor. Mortgagor represents to Mortgagee that, to the best of its knowledge following due inquiry as a duly diligent property owner, and except as disclosed by the Environmental Site Assessment delivered to and accepted by Mortgagee prior to the date hereof, and except for immaterial quantities of cleaning or other substances customarily used in the operation or maintenance of similar properties provided they are used and disposed of in accordance with Environmental Laws, (i) the Premises has been and is free from contamination by Hazardous Substances (except for immaterial quantities of substances customarily and prudently used in the cleaning and maintenance of the Premises in accordance with any Environmental Laws), (ii) no release of any such Hazardous Substance has occurred on or about the Premises, (iii) that the Premises currently complies, and will comply based on its anticipated use, with all current Environmental Laws, (iv) that, in connection with the ownership, operation, and use of the Premises, all necessary notices have been filed and all required permits, licenses and other authorizations have been obtained, including, without limitation, those relating to the generation, treatment, storage, disposal or use of Hazardous Substances, (v) that there is no present or past or threatened investigation, inquiry or proceeding relating to the environmental condition of, or to events on or about, the Premises, (vi) there are not any underground storage tanks containing Hazardous Materials currently existing or to the extent such underground storage tanks are existing they are registered under the required Environmental Laws and have not leaked, (vii) no Hazardous Materials have been or will be deposited, spilled, discharged, placed or disposed of at, on or near the Premises, nor has or will the Premises be used at any time by any person as landfill or a disposal site for Hazardous Materials or for garbage, waste or refuse of any kind, (viii) there are no electrical transformers or other equipment containing dielectric fluid containing polychlorinated biphenyls located in, on or under the Premises, nor is there any asbestos contained in, on or under the Premises, nor will Mortgagor permit the installation of same, (ix) there are no locations off the Premises where Hazardous Materials generated by or on the Premises have been treated, stored, deposited or disposed of; (x) there is no fact pertaining to the physical condition of either the Premises or the area...
Representations of Mortgagor. Mortgagor covenants, represents and warrants to Mortgagee and the Lenders that (a) the Buildings currently erected on the Land and the use thereof comply in all material respects with applicable zoning and building codes, ordinances and regulations, and such compliance is based solely upon Mortgagor's owning the Property and not upon title to or interest in any other property, and all material permits, approvals and certificates have been obtained and are in full force and effect, (b) any building hereafter constructed on the Land shall comply in all material respects with applicable zoning and building codes, ordinances and regulations and shall lie wholly within the boundaries of the Land, (c) the Buildings shall at all times be independent and self-contained operating units, and (d) the Land shall at all times be a separate tax lot.
Representations of Mortgagor. Mortgagor affirmatively represents and warrants that the written terms of the Loan Documents, and each of them, accurately reflect the mutual understanding of Mortgagor and Mortgagee, as to all matters addressed therein, and Mortgagor further represents and warrants that there are no other agreements or understandings, written or oral, which exist between Mortgagor and Mortgagee relating to the matters addressed in the Loan Documents except such agreements as may be in writing and executed by both Mortgagor and Mortgagee.
Representations of Mortgagor
