Representations Regarding Mortgaged Property. (a) Borrower has provided to Lender, in writing, any and all material information relating to conditions in, on, under or about the Premises that are known by Borrower and that are contained in Borrower’s files and records.
(b) Borrower has received no written notice from any governmental or quasi-governmental authority of any pending or threatened in writing condemnation of the Premises, or any part thereof.
(c) No part of the Premises has been designated as wetlands under any federal, state or local law or regulation or by any governmental agency, and no portion of the Premises is located within a 100-year flood plain.
(d) The Improvements and the intended use thereof as office buildings are in compliance in all material respects with (i) all applicable restrictions, covenants, conditions and requirements, and (ii) with all federal, state and municipal laws, rules, regulations and ordinances applicable thereto, including, but not limited to, zoning and The Americans with Disabilities Act of 1990, as amended from time to time.
(e) Borrower has received no written notice from any governmental or quasi governmental authority alleging that the Improvements are in violation of any federal, state or municipal laws, orders, regulations or ordinances applicable thereto.
(f) The Improvements are in good condition and repair, have not suffered any material damage which has not been fully repaired, and are free of structural or other material defects.
(g) All required licenses, permits, approvals, accreditations and qualifications necessary or appropriate for the use and operation of the Improvements as office buildings, including, but not limited to, all required certificates of occupancy, have been issued and are in full force and effect, except for recently expired elevator permits at the 12200 Building as the California Department of Industrial Relations is experiencing significant delays in conducting its annual inspections and issuing new permits.
(h) City water supply, storm and sanitary sewers and sanitary sewer capacity, and electrical, gas and telephone facilities are available to the Premises within the boundary lines thereof, and the Improvements connect to all storm and sanitary sewer lines serving the Premises, and such lines are sufficient to meet the reasonable needs of the Premises as currently used. No other utility facilities are necessary to meet the reasonable needs of the Premises as currently used, and the design and as-built conditions of th...
Representations Regarding Mortgaged Property. (a) No part of the Premises has been designated as wetlands under any federal, state or local law or regulation or by any governmental agency, and no portion of the Premises is located within a 100-year flood plain, except as may be disclosed as such on the survey of the Premises delivered to Lender in connection with the closing of the Loan.
(b) Public water supply, storm and sanitary sewers and sanitary sewer capacity, and electrical, gas, cable and telephone facilities are available to the Premises within the boundary lines thereof or by an executed agreement, including without limitation TBTA Agreement.
(c) Borrower reports, for accounting purposes, on a fiscal year basis commencing on January 1 and terminating on December 31.
(d) There are no actions, suits or proceedings, pending or threatened in writing, affecting Borrower, Indemnitor or the Mortgaged Property at law or in equity, on, before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or other governmental instrumentality that would, if adversely determined, have a Material Adverse Effect on Borrower, Indemnitor or the Mortgaged Property. There are no outstanding judgments, arbitration awards, decrees or awards of any kind pending against any Borrower, any Indemnitor or any of the Mortgaged Property. Borrower, Indemnitor and Principals have never (i) been charged for any criminal offense, (ii) filed for bankruptcy, insolvency or similar relief, and (iii) been involved in a foreclosure, deed-in-lieu or similar transaction.
(e) Indemnitor is in full compliance with all of Indemnitor’s Financial Covenants set forth in Section 12 of the Recourse Guaranty Agreement.
Representations Regarding Mortgaged Property. (a) No part of the Premises has been designated as wetlands under any federal, state or local law or regulation or by any governmental agency, and no portion of the Premises is located within a 100-year flood plain, except as may be disclosed as such on the survey of the Premises delivered to Lender in connection with the closing of the Loan.
(b) Public water supply, storm and sanitary sewers and sanitary sewer capacity, and electrical, gas, cable and telephone facilities are available to the Premises within the boundary lines thereof or by an executed agreement, including without limitation that certain agreement between Triborough Bridge and Tunnel Authority and Borrower, dated as of March 22, 2017.
(c) Borrower reports, for accounting purposes, on a fiscal year basis commencing on January 1 and terminating on December 31.
(d) There are no actions, suits or proceedings, pending or threatened in writing, affecting Borrower, Indemnitor or the Mortgaged Property at law or in equity, on, before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or other governmental instrumentality that would, if adversely determined, have a Material Adverse Effect on Borrower, Indemnitor or the Mortgaged Property. There are no outstanding judgments, arbitration awards, decrees or awards of any kind pending against any Borrower, any Indemnitor or any of the Mortgaged Property. Borrower, Indemnitor and Principals have never (i) been charged for any criminal offense, (ii) filed for bankruptcy, insolvency or similar relief, and (iii) been involved in a foreclosure, deed-in-lieu or similar transaction.
(e) Guarantor is in full compliance with all of Indemnitor’s Financial Covenants set forth in Section 12 of the Recourse Guaranty Agreement.
(f) Borrower has not entered into a property management agreement as of the Closing Date.
Representations Regarding Mortgaged Property. (a) Borrower has truthfully and fully provided to Lender, in writing, any and all material information relating to conditions in, on, under or about the Premises that are known by Borrower and that are contained in Borrower’s files and records.
(b) Borrower has received no written notice from any governmental or quasi-governmental authority of any pending or threatened condemnation of the Premises, or any part thereof.
(c) No part of the Premises has been designated as wetlands under any federal, state or local law or regulation or by any governmental agency, and no portion of the Premises is located within a 100-year flood plain.
(d) The Improvements and the intended use thereof as office buildings are in compliance in all material respects with (i) all applicable restrictions, covenants, conditions and requirements, as applicable to either Property A or Property B, including, but not limited to, those set forth in the following agreements, as applicable: (1) the TIC Agreement; (2) that certain Development Agreement By and Between the City of Irvine and Z West America Corporation, Regarding the Development Located at Xxxx Center Irvine dated as of May 26, 1999, executed by and between the City of Irvine and Z West America Corporation, and recorded in the Official Records of Orange County, California on June 28, 1999 as Document No. 19990476791; (3) that certain Development Agreement dated as of December 16, 1987, by and between SoPac Properties, Inc., and the City of Santa Xxxxxx, and recorded in the Official Records of Los Angeles County, California on December 17, 1987 as Document No. 00-0000000, as amended by that certain Amendment Number One to Development Agreement dated as of December 28, 1988, by and between SoPac Properties, Inc., and the City of Santa Xxxxxx, and recorded in the Official Records of Los Angeles County, California on January 5, 1989 as Document No. 89-15234, as assigned to and assumed by Santa Xxxxxx Xxxx Partners, L.P., pursuant to that certain Assignment and Assumption of Development Agreement dated as of February 22, 1989, by and between SoPac Properties, Inc. and Santa Xxxxxx Xxxx Partners, L.P., and recorded in the Official Records of Los Angeles, California on February 22, 1989 as Document No. 89-282004, as further amended by that certain Amendment Number Two to Development Agreement dated as of March 16, 1995, by and between the City of Santa Xxxxxx and Arboretum Development Partners, L.P. and consented to by Santa Xxxxxx Nu...
Representations Regarding Mortgaged Property.
(a) No part of the Premises has been designated as wetlands under any federal, state or local law or regulation or by any governmental agency, and no portion of the Premises is located within a 100-year flood plain, except as may be disclosed as such on the survey of the Premises delivered to Administrative Agent in connection with the closing of the Loan.
(b) Public water supply, storm and sanitary sewers and sanitary sewer capacity, and electrical, gas, cable and telephone facilities are available to the Premises within the boundary lines thereof or by an executed agreement, including without limitation that certain agreement between Triborough Bridge and Tunnel Authority and Mortgage Borrower, dated as of March 22, 2017.
(c) Each of Borrower, Mortgage Borrower and Mortgage Pledgor reports, for accounting purposes, on a fiscal year basis commencing on January 1 and terminating on December 31.
(d) There are no actions, suits or proceedings, pending or threatened in writing, affecting Borrower, Mortgage Borrower, Mortgage Pledgor, Indemnitor, the Collateral or the Mortgaged Property at law or in equity, on, before or by any federal, state, municipal or other governmental department, commission, board, bureau, agency or other governmental instrumentality that would, if adversely determined, have a Material Adverse Effect on Borrower, Mortgage Borrower, Mortgage Pledgor, Indemnitor, the Collateral or the Mortgaged Property. There are no outstanding judgments, arbitration awards, decrees or awards of any kind pending against Borrower, Mortgage Borrower, Mortgage Pledgor, Indemnitor, the Collateral or any of the Mortgaged Property. Borrower, Mortgage Borrower, Mortgage Pledgor, Indemnitor and Principals have never (i) been charged for any criminal offense, (ii) filed for bankruptcy, insolvency or similar relief, and (iii) been involved in a foreclosure, deed-in-lieu or similar transaction.
(e) Indemnitor is in full compliance with all of Indemnitor’s Financial Covenants set forth in Section 12 of the Recourse Guaranty Agreement.
(f) None of Borrower, Mortgage Borrower or Mortgage Pledgor has entered into a property management agreement as of the Closing Date.
