Representations Regarding Leases. Borrower represents and warrants that (1) all representations made by it in the Leases are true; (2) all Improvements and the leased space demised and let pursuant to each Lease have been completed to the satisfaction of the applicable Lessee; (3) each Lessee is in possession of its leased space, has opened for business and has commenced payment of Rent under its Lease; (4) all Rents and other charges due and payable under the Leases have been paid; (5) no Rent has been prepaid, except as expressly provided pursuant to the applicable Lease; (6) there is no existing default or breach of any covenant or condition on the part of any Lessee or lessor under any Lease; (7) there are no options to purchase all or any portion of the Secured Property contained in any Lease; (8) there are no options to renew, cancel, extend or expand by any Lessee except as stated in the Leases; (9) there are no amendments of or modifications to any Leases except as disclosed in writing to Lender; (10) Borrower is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to Lender; (11) each Lease is valid and in full force and effect; (12) there is no outstanding assignment or pledge thereof or of the Rents due or to become due; (13) no Lessee has any defense, set-off or counterclaim against Borrower; (14) no Rents payable pursuant to any Lease have been or will be anticipated, discounted, released, waived, compromised or otherwise discharged, except as may be expressly permitted by such Lease; and (15) all Leases are subject and subordinate to this Security Deed.
Representations Regarding Leases. Mortgagor represents and warrants (a) that, the Leases, if any, are in full force and effect; (b) that the Leases and the Rents and Revenues thereunder have not been heretofore sold, assigned, transferred, or set over by Mortgagor or by any person or persons whatsoever; (c) that no material default exists on the part of the lessees thereunder, or the Mortgagor as lessor; (d) that the payment of none of the Rents have been or, except to the extent otherwise prudent under customary commercial standards exercised in the ordinary course of business will be waived, released, reduced, discounted or otherwise discharged or compromised by the Mortgagor directly or indirectly by assuming any lessee's obligations with respect to other premises; (e) Mortgagor has good right to sell, assign, transfer, and set over the same and to grant to and confer upon Mortgagee the rights, interests, powers, and authorities herein granted and conferred.
Representations Regarding Leases. Borrower represents and warrants that at the time of the execution of this Mortgage by Borrower, there are no Leases and Borrower has no present intention of entering into any Leases.
Representations Regarding Leases. Borrower represents and warrants, as of the date hereof, (a) that the Leases and the Rents and Revenues thereunder have not been heretofore sold, assigned, transferred, or set over by Borrower or by any person or persons whatsoever; (b) that no material default exists on the part of the lessees thereunder or the Borrower as lessor; (c) that no Rents have been paid by any of the lessees for more than four (4) months in advance; (d) that the payment of none of the rents have been or, will be waived, released, reduced, discounted or otherwise discharged or compromised by the Borrower directly or indirectly by assuming any lessee’s obligations with respect to other premises; and (e) Borrower has good right to sell, assign, transfer, and set over the same and to grant to and confer upon Lender the rights, interests, powers, and authorities herein granted and conferred.
Representations Regarding Leases. Trustor represents and warrants that at the time of the execution of this Deed of Trust by Trustor, there are no Leases and Trustor has no present intention of entering into any Leases.
Representations Regarding Leases. Mortgagor hereby represents and warrants as follows:
Representations Regarding Leases. (a) To APC’s Knowledge, Schedule 4.6(a) provides a true and correct statement, as of the Effective Date, of (i) the Working Interest of APC in the Leases and (ii) the Net Revenue Interest of APC in the Leases, as such interests exist as of the Effective Date.
Representations Regarding Leases. Borrower hereby represent and warrants as of the date hereof, that:
