Common use of Representations True; No Event of Default; Compliance Certificate Clause in Contracts

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Company contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in -50- connection with this Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents, (ii) to the extent of changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and (iii) to the extent that such representations and warranties relate expressly to an earlier date); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Borrowing Date of such Loan; and no Default or Event of Default shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Date of such Loan. Each of the Lenders shall have received a Compliance Certificate of the Borrower signed by a Responsible Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained in Section 9.1 through Section 9.5 hereof after giving effect to such requested Loan.

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Company contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in -50- connection with this Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents, (ii) to the extent of Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and (iii) except to the extent that such representations and warranties relate expressly to an earlier date); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Borrowing Date of such Loan; and no Default or Event of Default shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Date of such Loan. Each of the Lenders shall have received a Compliance Certificate of the Borrower signed by a Responsible Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained in Section 9.1 ss.9.1 through Section 9.5 ss.9.7 hereof after giving effect to such requested Loan.

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Company contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in -50- connection with this Agreement shall be true in all material respects as of the date as of which they were made and shall also be true in all material respects at and as of the time of the making of such Loan, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents, (ii) to the extent of Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and (iii) except to the extent that such representations and warranties relate expressly to an earlier date); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Borrowing Date of such Loan; and no Default or Event of Default shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Date of such Loan. Each of the Lenders shall have received a Compliance Certificate of the Borrower signed by a Responsible Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained in Section 9.1 through Section 9.5 (S)9 hereof after giving effect to such requested Loan.

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Company each Guarantor contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in -50- connection with this Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents, (ii) to the extent of changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and (iii) to the extent that such representations and warranties relate expressly to an earlier date); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Borrowing Date of such Loan; and no Default or Event of Default shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Date of such Loan. Each of the Lenders shall have received a Compliance Certificate of the Borrower signed by a Responsible Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained in Section § 9.1 through Section 9.5 § 9.7 hereof after giving effect to such requested Loan.

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Company each Guarantor contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in -50- connection with this Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents, (ii) to the extent of changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and (iii) to the extent that such representations and warranties relate expressly to an earlier date); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Borrowing Date of such Loan; and no Default or Event of Default shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Date of such Loan. Each of the Lenders shall have received a Compliance Certificate of the Borrower signed by a Responsible Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained in Section § 9.1 through Section 9.5 § 9.9 hereof after giving effect to such requested Loan.

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Company each Guarantor contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in -50- connection with this Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents, (ii) to the extent of changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and (iii) to the extent that such representations and warranties relate expressly to an earlier date); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Borrowing Date of such Loan; and no Default or Event of Default shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Date of such Loan. Each of the Lenders shall have received a Compliance Certificate of the Borrower signed by a Responsible Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained in Section §9.1 through Section §9.5 hereof after giving effect to such requested Loan.

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Company Mortgagor contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in -50- connection with this Agreement shall be true and correct in all material respects as of the date as of which they were made and shall also be true and correct in all material respects at and as of the time of the making of such Loan, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents, (ii) to the extent of Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and (iii) except to the extent that such representations and warranties relate expressly to an earlier date); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Borrowing Date of such Loan; and no Default or Event of Default shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Date of such Loan. Each of the Lenders ; and Agent shall have received a Compliance Certificate of the Borrower signed by a Responsible Officer to such effect, which certificate will include, without limitation, with computations evidencing compliance with the covenants contained in Section §9.1 through Section 9.5 §9.6 hereof after giving effect to such requested Loan.

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Company contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in -50- connection with this Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such LoanLoan or the issuance, extension or renewal of such Letter of Credit, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents, (ii) to the extent of Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and (iiiii) to the extent that such representations and warranties relate expressly to an earlier datedate and (iii) for Non-Material Breaches); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Borrowing Drawdown Date of such Loan; and no Default or Event of Default shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Drawdown Date of such Loan. Each of the Lenders Banks shall have received a Compliance Certificate of the Borrower signed by a Responsible Officer to such effect, which certificate will include, without limitation, computations evidencing covenant compliance with the covenants contained in Section 9.1 through Section 9.5 hereof after giving effect to such requested Loan.

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Company contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in -50- connection with this Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents, (ii) to the extent of Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and (iii) except to the extent that such representations and warranties relate expressly to an earlier date); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Borrowing Drawdown Date of such Such Loan; and no Default or Event of Default shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Drawdown Date of such Loan. Each of the Lenders Banks shall have received a Compliance Certificate of the Borrower signed by a Responsible Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained in Section 9.1 through Section 9.5 9.7 hereof after giving effect to such requested Loan. 11.2.

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower Borrower, the Guarantor and the Company Additional Guarantors contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in -50- connection with this Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such each Revolving Credit Loan, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted not prohibited by this Agreement and or the other Loan Documents, (ii) to the extent of Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adversebusiness, and (iii) except to the extent that such representations and warranties relate expressly to an earlier date); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Borrowing Date of such Loan; and no Default or Event of Default under this Agreement shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Drawdown Date of such any Revolving Credit Loan. Each of the Lenders Banks shall have received a Compliance Certificate certificate of the Borrower signed by a Responsible Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with an authorized officer of the covenants contained Borrower as provided in Section 9.1 through Section 9.5 hereof after giving effect to such requested Loanss.2.4(d)(iii).

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties made by or on behalf of the Borrower and the Company Borrower, BPI or any of their respective Subsidiaries contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in -50- connection with this Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loaneach Loan or the issuance, extension or renewal of each Letter of Credit, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted not prohibited by this Agreement and or the other Loan DocumentsDocuments (including, (ii) without limitation, the fact that a Real Estate Asset may cease to be a Borrowing Base Property pursuant to the extent terms of this Agreement) and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adversebusiness, and (iiiii) to the extent that such representations and warranties relate expressly to an earlier date); date and (iii) to the extent otherwise represented by the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior respect to the Borrowing Date of such Loanrepresentation set forth in Section 7.10); and no Default or Event of Default under this Agreement shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Drawdown Date of such any Loan. Each of the Lenders Banks shall have received a Compliance Certificate certificate of the Borrower signed by a Responsible Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with an authorized officer of the covenants contained Borrower as provided in Section 9.1 through Section 9.5 hereof after giving effect to such requested Loan2.4(iv)(c).

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Company Guarantors contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in -50- connection with this Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loaneach Loan or the issuance, extension or renewal of each Letter of Credit, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted not prohibited by this Agreement and or the other Loan DocumentsDocuments (including, (ii) without limitation, the fact that a Real Estate Asset may cease to be an Unencumbered Asset pursuant to the extent terms of this Agreement) and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adversebusiness, and (iii) except to the extent that such representations and warranties relate expressly to an earlier date); date and except to the extent otherwise represented by the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior respect to the Borrowing Date of such Loanrepresentation set forth in ss.6.10); and no Default or Event of Default under this Agreement shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Drawdown Date of such any Loan. Each of the Lenders Banks shall have received a Compliance Certificate certificate of the Borrower signed by a Responsible Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with an authorized officer of the covenants contained Borrower as provided in Section 9.1 through Section 9.5 hereof after giving effect to such requested Loanss.2.6(iv)(c).

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Company each Guarantor contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in -50- connection with this Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents, (ii) to the extent of changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and (iii) to the extent that such representations and warranties relate expressly to an earlier date); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Borrowing Date of such Loan; and no Default or Event of Default shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Date of such Loan. Each of the Lenders shall have received a Compliance Certificate of the Borrower signed by a Responsible Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained in Section §9.1 through Section §9.5 hereof after giving effect to such requested Loan.