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 Guarantors contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true 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 or the issuance of such Letter of Credit, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, except to the extent that such representations and warranties relate expressly to an earlier date, and except to the extent that such representation and warranty is qualified by materiality, in which case it shall be true in all respects); 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 or the issuance date of such Letter of Credit; 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 or on the date of any Letter of Credit Application or on the issuance date of such Letter of Credit or would occur as a result of the making of such Loan or the issuance of such Letter of Credit. Each of the Lenders shall have received a Compliance Certificate of the Borrower, signed on its behalf by a Responsible Officer, to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained in §9.1 through §9.7 hereof after giving effect to such requested Loan or Letter of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Liberty Property Limited Partnership), Credit Agreement (Liberty Property Limited Partnership)

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Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Guarantors contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true 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 each Loan or the issuance issuance, extension or renewal of such each Letter of Credit, with the same effect as if made at and as of that time (except to the extent (i) of changes resulting from transactions contemplated or permitted not prohibited by this Agreement and or the other Loan Documents and (ii) of changes occurring in the ordinary course of business that singly or in the aggregate are not materially adversebusiness, except to the extent (iii) that such representations and warranties relate expressly to an earlier datedate and (iv) that such untruth is disclosed when first known to the Borrower or a Guarantor in the next delivered compliance certificate, and except to the extent that such representation and warranty is qualified by materiality, in which case it shall be true in all respectsa Non-Material Breach); 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 or the issuance date of such Letter of Credit; 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 Date of such Loan Competitive Bid Request or on the date Drawdown Date of any Letter Loan (other than a Default or Event of Credit Application Default arising solely from the Borrower's failure to comply with the provision of Section 7.22 and such borrowing is to cure, and will cure, such Default or on the issuance date Event of such Letter Default without causing any other Default or Event of Credit or would occur as a result of the making of such Loan or the issuance of such Letter of CreditDefault). Each of the Lenders shall have received a Compliance Certificate certificate of the Borrower, signed on its behalf by a Responsible Officer, to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained Borrower as provided in §9.1 through §9.7 hereof after giving effect to such requested Loan Section 2.5(iv)(c) or Letter of CreditSection 2A.9.

Appears in 1 contract

Samples: Credit Agreement (Mack Cali Realty Corp)

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Guarantors contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true 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 or the issuance of such Letter of Credit, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, except to the extent that such representations and warranties relate expressly to an earlier date, and except to the extent that such representation and warranty is qualified by materiality, in which case it shall be true in all respects); 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 or the issuance date of such Letter of Credit; 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 or on the date of any Letter of Credit Application or on the issuance date of such Letter of Credit or would occur as a result of the making of such Loan or the issuance of such Letter of Credit. Each of the Lenders shall have received a Compliance Certificate of the Borrower, signed on its behalf by a Responsible Officer, to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained in §9.1 through §9.7 9.4 hereof after giving effect to such requested Loan or Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Monmouth Real Estate Investment Corp)

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Guarantors Company contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true 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 or the issuance 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 and Documents, (ii) to the extent of changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, except and (iii) to the extent that such representations and warranties relate expressly to an earlier date, and except to the extent that such representation and warranty is qualified by materiality, in which case it shall be true in all respects); 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 or the issuance date of such Letter of Credit; 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 or on the date of any Letter of Credit Application Request or on the issuance date of such Letter of Credit or would occur as a result of the making of such Loan or the issuance of such Letter of Credit. Each of the Lenders shall have received a Compliance Certificate of the Borrower, Borrower signed on its behalf by a Responsible Officer, Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained in §Section 9.1 through §Section 9.7 hereof after giving effect to such requested Loan or Letter of Credit.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Sl Green Realty Corp)

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Guarantors contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true 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 each Loan or the issuance issuance, extension or renewal of such each Letter of Credit, with the same effect as if made at and as of that time (except to the extent (i) of changes resulting from transactions contemplated or permitted not prohibited by this Agreement and or the other Loan Documents and (ii) of changes occurring in the ordinary course of business that singly or in the aggregate are not materially adversebusiness, except to the extent (iii) that such representations and warranties relate expressly to an earlier datedate and (iv) that such untruth is disclosed when first known to the Borrower or a Guarantor in the next delivered compliance certificate, and except to the extent that such representation and warranty is qualified by materiality, in which case it shall be true in all respectsa Non-Material Breach); 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 or the issuance date of such Letter of Credit; 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 Date of such Loan Competitive Bid Request or on the date Drawdown Date of any Letter Loan (other than a Default or Event of Credit Application Default arising solely from the Borrower's failure to comply with the provision of ss. 7.22 and such borrowing is to cure, and will cure, such Default or on the issuance date Event of such Letter Default without causing any other Default or Event of Credit or would occur as a result of the making of such Loan or the issuance of such Letter of CreditDefault). Each of the Lenders shall have received a Compliance Certificate certificate of the Borrower, signed on its behalf by a Responsible Officer, to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained Borrower as provided in §9.1 through §9.7 hereof after giving effect to such requested Loan ss.2.5(iv)(c) or Letter of Creditss.2A.9.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mack Cali Realty Corp)

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Guarantors Company contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true 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 or the issuance of such Letter of Credit, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and except to the extent that such representations and warranties relate expressly to an earlier date, and except to the extent that such representation and warranty is qualified by materiality, in which case it shall be true in all respects); 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 or the issuance date of such Letter of Credit; 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 or on the date of any Letter of Credit Application Request or on the issuance date of such Letter of Credit or would occur as a result of the making of such Loan or the issuance of such Letter of Credit. Each of the Lenders shall have received a Compliance Certificate of the Borrower, signed on its behalf 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 §9.7 Section 9.6 hereof after giving effect to such requested Loan or Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Liberty Property Limited Partnership)

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Guarantors Company contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true 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 or the issuance of such Letter of Credit, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and except to the extent that such representations and warranties relate expressly to an earlier date, and except to the extent that such representation and warranty is qualified by materiality, in which case it shall be true in all respects); 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 or the issuance date of such Letter of Credit; 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 or on the date of any Letter of Credit Application Request or on the issuance date of such Letter of Credit or would occur as a result of the making of such Loan or the issuance of such Letter of Credit. Each of the Lenders shall have received a Compliance Certificate of the Borrower, Borrower signed on its behalf by a Responsible Officer, Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained in §9.1 ss.9.1 through §9.7 ss.9.7 hereof after giving effect to such requested Loan or Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Liberty Property Limited Partnership)

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Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Guarantors contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in 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 or the issuance of such Letter of Credit, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and except to the extent that such representations and warranties relate expressly to an earlier date, and except to the extent that such representation and warranty is qualified by materiality, in which case it shall be true in all respects); 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 or the issuance date of such Letter of Credit; 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 or on the date of any Letter of Credit Application Request or on the issuance date of such Letter of Credit or would occur as a result of the making of such Loan or the issuance of such Letter of Credit. Each of the Lenders ; and Agent shall have received a Compliance Certificate of the Borrower, signed on its behalf by a Responsible Officer, to such effect, which certificate will include, without limitation, with computations evidencing compliance with the covenants contained in §9.1 ss.9.1 through §9.7 ss.9.3 hereof after giving effect to such requested Loan or Letter of Credit.

Appears in 1 contract

Samples: Revolving Credit Agreement (Amerivest Properties Inc)

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower Borrowers and the Guarantors contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true 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 each Loan or the issuance issuance, extension or renewal of such each Letter of Credit, with the same effect as if made at and as of that time (except to the extent (i) of changes resulting from transactions contemplated or permitted not prohibited by this Agreement and or the other Loan Documents and (ii) of changes occurring in the ordinary course of business that singly or in the aggregate are not materially adversebusiness, except to the extent (iii) that such representations and warranties relate expressly to an earlier datedate and (iv) that such untruth is disclosed when first known to a Borrower or a Guarantor in the next delivered compliance certificate, and except to the extent that such representation and warranty is qualified by materiality, in which case it shall be true in all respectsa Non-Material Breach); 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 or the issuance date of such Letter of Credit; 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 Date of such Loan Competitive Bid Request or on the date Drawdown Date of any Letter Loan (other than a Default or Event of Credit Application Default arising solely from the Borrower's failure to comply with the provision of ss. 7.22 and such borrowing is to cure, and will cure, such Default or on the issuance date Event of such Letter Default without causing any other Default or Event of Credit or would occur as a result of the making of such Loan or the issuance of such Letter of CreditDefault). Each of the Lenders shall have received a Compliance Certificate certificate of the Borrower, Borrowers signed on its behalf 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 Representative as provided in §9.1 through §9.7 hereof after giving effect to such requested Loan ss.2.5(iv)(c) or Letter of Creditss.2A.9.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cali Realty Corp /New/)

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Guarantors Company contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true 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 or the issuance of such Letter of Credit, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and except to the extent that such representations and warranties relate expressly to an earlier date, and except to the extent that such representation and warranty is qualified by materiality, in which case it shall be true in all respects); 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 or the issuance date of such Letter of Credit; 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 or on the date of any Letter of Credit Application Request or on the issuance date of such Letter of Credit or would occur as a result of the making of such Loan or the issuance of such Letter of Credit. Each of the Lenders shall have received a Compliance Certificate of the Borrower, Borrower signed on its behalf by a Responsible Officer, Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained in §Section 9.1 through §Section 9.7 hereof after giving effect to such requested Loan or Letter of Credit.

Appears in 1 contract

Samples: Credit Agreement (Liberty Property Limited Partnership)

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Guarantors each Guarantor contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true 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 or the issuance 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 and Documents, (ii) to the extent of changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, except and (iii) to the extent that such representations and warranties relate expressly to an earlier date, and except to the extent that such representation and warranty is qualified by materiality, in which case it shall be true in all respects); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it on or prior to the Borrowing Date of such Loan or the issuance date of such Letter of Credit; 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 or on the date of any Letter of Credit Application Request or on the issuance date of such Letter of Credit or would occur as a result of the making of such Loan or the issuance of such Letter of Credit. Each of the Lenders shall have received a Compliance Certificate of the Borrower, Borrower signed on its behalf by a Responsible Officer, Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained in §9.1 through §9.7 hereof after giving effect to such requested Loan or Letter of Credit.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Sl Green Realty Corp)

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