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 at and as of the time of the making of each 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 to the extent of changes resulting from transactions contemplated or not prohibited by this Agreement or the other Loan Documents (including, without limitation, the fact that a Real Estate Asset may cease to be an Unencumbered Asset pursuant to the terms of this Agreement) and changes occurring in the ordinary course of business, and except to the extent that such representations and warranties relate expressly to an earlier date and except to the extent otherwise represented by the Borrower with respect to the representation 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 Drawdown Date of any Loan. Each of the Banks shall have received a certificate of the Borrower signed by an authorized officer of the Borrower as provided in ss.2.6(iv)(c).

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower Borrower, the Guarantor and the Additional 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 at and as of the time of the making of each Loan or the issuance, extension or renewal of each Letter of CreditRevolving Credit Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited by this Agreement or the other Loan Documents (including, without limitation, the fact that a Real Estate Asset may cease to be an Unencumbered Asset pursuant to the terms of this Agreement) and changes occurring in the ordinary course of business, and except to the extent that such representations and warranties relate expressly to an earlier date and except to the extent otherwise represented by the Borrower with respect to the representation set forth in ss.6.10date); 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 Drawdown Date of any Revolving Credit Loan. Each of the Banks shall have received a certificate of the Borrower signed by an authorized officer of the Borrower as provided in ss.2.6(iv)(css.2.4(d)(iii).

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower Borrower, the Guarantor and the Additional 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 at and as of the time of the making of each Loan or the issuance, extension or renewal of each Letter of CreditRevolving Credit Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited by this Agreement or the other Loan Documents (including, without limitation, the fact that a Real Estate Asset may cease to be an Unencumbered Asset pursuant to the terms of this Agreement) and changes occurring in the ordinary course of business, and except to the extent that such representations and warranties relate expressly to an earlier date and except to the extent otherwise represented by the Borrower with respect to the representation set forth in ss.6.10date); 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 Drawdown Date of any Revolving Credit Loan. Each of the Banks shall have received a certificate of the Borrower signed by an authorized officer of the Borrower as provided in ss.2.6(iv)(c2.5(d)(iii).

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Guarantors Mortgagor 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 each Loan or the issuance, extension or renewal of each Letter of Creditsuch Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Agreement or and the other Loan Documents (including, without limitation, the fact that a Real Estate Asset may cease to be an Unencumbered Asset pursuant to the terms of this Agreement) and changes occurring in the ordinary course of businessbusiness 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 date); the Borrower shall have performed and except complied with all terms and conditions herein required to be performed by it or prior to the extent otherwise represented by the Borrower with respect to the representation set forth in ss.6.10)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 Drawdown Borrowing Date of any such Loan. Each of the Banks ; and Agent shall have received a certificate of Compliance Certificate with computations evidencing compliance with the Borrower signed by an authorized officer of the Borrower as provided covenants contained in ss.2.6(iv)(c)§9.1 through §9.6 hereof after giving effect to such requested Loan.

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties made by or on behalf of the Borrower and the Guarantors 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 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 each 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 not prohibited by this Agreement or the other Loan Documents (including, without limitation, the fact that a Real Estate Asset may cease to be an Unencumbered Asset a Borrowing Base Property pursuant to the terms of this Agreement) and changes occurring in the ordinary course of business, and except (ii) to the extent that such representations and warranties relate expressly to an earlier date and except (iii) to the extent otherwise represented by the Borrower with respect to the representation set forth in ss.6.10Section 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 Drawdown Date of any Loan. Each of the Banks shall have received a certificate of the Borrower signed by an authorized officer of the Borrower as provided in ss.2.6(iv)(cSection 2.4(iv)(c).

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 at and as of the time of the making of each such Loan or the issuance, extension or renewal of each 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 not prohibited permitted by this Agreement or and the other Loan Documents (including, without limitation, the fact that a Real Estate Asset may cease to be an Unencumbered Asset pursuant to the terms of this Agreement) and changes occurring in the ordinary course of businessbusiness that singly or in the aggregate are not materially adverse, and except (ii) to the extent that such representations and warranties relate expressly to an earlier date and except (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 extent otherwise represented by the Borrower with respect to the representation set forth in ss.6.10)Drawdown 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 Drawdown Date of any such Loan. Each of the Banks shall have received a certificate of the Borrower signed by an authorized officer of the Borrower as provided in ss.2.6(iv)(c)Compliance Certificate evidencing covenant compliance after giving effect to such requested Loan.

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower Borrower, the Guarantor and the Additional 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 at and as of the time of the making of each Loan or the issuance, extension or renewal of each Letter of CreditRevolving Credit Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited by this Agreement or the other Loan Documents (including, without limitation, the fact that a Real Estate Asset may cease to be an Unencumbered Asset pursuant to the terms of this Agreement) and changes occurring in the ordinary course of business, and except to the extent that such representations and warranties relate expressly to an earlier date and except to the extent otherwise represented by the Borrower with respect to the representation set forth in ss.6.10date); 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 Drawdown Date of any Revolving Credit Loan. Each of the Banks shall have received a certificate of the Borrower signed by an authorized officer of the Borrower as provided in ss.2.6(iv)(css.2.5(d)(iii).