Common use of Representations Regarding Loan Structure and Terms Clause in Contracts

Representations Regarding Loan Structure and Terms. Each Borrower represents and warrants to Lender as follows: (a) The Loan has been structured as one loan to Borrowers in the aggregate rather than as a number of smaller loans to each Borrower at the request of Borrowers. (b) Borrowers have reason to believe that the interest rates and repayment terms of the Loan are more favorable than those that each individual Borrower could have obtained on its own without such “pooling” of the Properties as security for the Loan, and without the cross-collateralization, cross-default, and joint and several liability features of the Loan Documents. (c) The structure of the Loan has been devised in order to accommodate Borrowers’ existing operational structure in order to best serve Borrowers’ collective interests, and to enable Lender to assign a collective value to the Properties in an amount greater than it otherwise would have if each Property had been separately financed.

Representations Regarding Loan Structure and Terms. Each Borrower represents and warrants to Lender as follows: (a) The Loan has been structured as one loan to Borrowers in the aggregate rather than as a number of smaller loans to each Borrower at the request of Borrowers. (b) Borrowers have reason to believe that the The interest rates and repayment terms of the Loan are more favorable than those that each individual Borrower could have obtained on its own without such “pooling” of the Properties Facilities as security for the Loan, and without the cross-collateralization, cross-default, and joint and several liability features of the Loan Documents. (c) The structure of the Loan has been devised in order to accommodate Borrowers’ Borrower’s existing operational structure in order to best serve Borrowers’ collective interests, and to enable Lender to assign a collective value to the Properties Facilities in an amount greater than it they otherwise would have if each Property Facility had been separately financed.