Representations Regarding Leases Sample Clauses
Representations Regarding Leases. Trustor represents and warrants to the Note Holders that, except as disclosed in the rent roll for the Secured Property or in the schedule attached to the Rent Roll Certification delivered by Trustor to Beneficiary as a condition precedent to the making of the Loan (1) all representations made by it in the Leases are true; (2) all Improvements and the leased space demised and let, other than on going build-outs, 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 except as set forth in the respective tenant estoppel certificate delivered to Beneficiary prior to the date hereof; (4) all Rents and other charges due and payable under the Leases have been paid; (5) no Rent has been prepaid more than one (l) month in advance, 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 lessor under any Lease or, to the best of Trustor's knowledge, any Lessee; (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 Beneficiary; (10) Trustor is the absolute owner of each Lease with full right and title to assign the same and the Rents thereunder to Beneficiary (on behalf of the Note Holders); (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) to the best of Trustor's knowledge, no Lessee has any defense, set-off or counterclaim against Trustor; (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) subject to the terms of such Leases as modified, if applicable, by a subordination, non-disturbance and attornment agreement executed by the Lessee thereunder and Beneficiary, all Leases are subject and subordinate to this Deed of Trust.
Representations Regarding Leases. Borrower represents and warrants that at the time of the execution of this Deed of Trust by Borrower, there are no Leases and Borrower has no present intention of entering into any Leases.
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. 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. Borrower hereby represent and warrants as of the date hereof, that:
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. Mortgagor hereby represents and -------------------------------- warrants that to the knowledge and belief of Mortgagor, upon due inquiry, (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 Lessee; (3) each Lessee has accepted possession of its leased space and has opened for business and commenced payment of rent under its Lease;
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.
(b) APC warrants and shall defend title to any Assignment against the claims of any Person claiming any right, title or interest in or to any portion of any Acquired Asset (including any Leasehold Interest) by, through or under APC, but not otherwise.