Representations True. Subject to the provisions of Section 9.3, all representations and warranties made by Seller in this Agreement, as the same may be amended as provided in Section 9.3, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;
Appears in 11 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Inland Real Estate Income Trust, Inc.), Purchase and Sale Agreement (American Realty Capital Healthcare Trust Inc)
Representations True. Subject to the provisions of Section 9.38.3, all representations and warranties made by Seller in this Agreement, as the same may be amended as provided in Section 9.38.3, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;; and
Appears in 5 contracts
Samples: Real Estate Purchase and Sale Agreement (Capital Lease Funding Inc), Real Estate Purchase and Sale Agreement (Capital Lease Funding Inc), Real Estate Purchase and Sale Agreement (Capital Lease Funding Inc)
Representations True. Subject to the provisions of Section 9.38.3, all representations and warranties made by Seller in this Agreement, as the same may be amended as provided in Section 9.38.3, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Omni Financial Services, Inc.), Purchase and Sale Agreement (Prudential Acquisition Fund I Lp), Purchase and Sale Agreement (Mack Cali Realty Corp)
Representations True. Subject to the provisions of Section 9.3, all representations and warranties made by Seller in this Agreement, as the same may be amended as provided in Section 9.3, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date date, except to the extent that they expressly relate to an earlier date;
Appears in 4 contracts
Samples: Purchase and Sale Agreement (NTS Realty Holdings Lp), Purchase and Sale Agreement (NTS Realty Holdings Lp), Purchase and Sale Agreement (Pennsylvania Real Estate Investment Trust)
Representations True. Subject to the provisions of Section 9.315.3, all representations and warranties made by Seller in this Agreement, as the same may be amended as provided in Section 9.315.3, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;
Appears in 3 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Hemispherx Biopharma Inc), Purchase and Sale Agreement (Hemispherx Biopharma Inc)
Representations True. Subject to the provisions of Section 9.3, all representations and warranties made by Seller in this Agreement, as the same may be amended as provided in Section 9.3, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;; and
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Resource Real Estate Opportunity REIT, Inc.), Purchase and Sale Agreement (Prudential Bache Watson & Taylor LTD 2), Purchase and Sale Agreement (Prudential Bache Watson & Taylor LTD 2)
Representations True. Subject to the provisions of Section 9.38.3, all representations and warranties made by Seller in this Agreement, as the same may be amended as provided in Section 9.38.3, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;
Appears in 3 contracts
Samples: Purchase and Sale Agreement (CBL & Associates Properties Inc), Purchase and Sale Agreement (CBL & Associates Properties Inc), Purchase and Sale Agreement (Taubman Centers Inc)
Representations True. Subject to the provisions of Section 9.3, all representations and warranties made by Seller in this Agreement, as the same may be amended as provided in Section 9.3, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;.
Appears in 3 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (KBS Real Estate Investment Trust II, Inc.), Purchase and Sale Agreement (Grubb & Ellis Apartment REIT, Inc.)
Representations True. Subject to the provisions of Section 9.3, all representations and warranties made by Seller All Seller’s Warranties in this Agreement, as the same may be amended deemed modified as provided in Section 9.37.3, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Regional Health Properties, Inc), Purchase and Sale Agreement (Rodin Global Property Trust, Inc.), Purchase and Sale Agreement (KBS Legacy Partners Apartment REIT, Inc.)
Representations True. Subject to the provisions of Section 9.38.3, all representations and warranties made by Seller in this Agreement, as the same may be amended or modified as provided in Section 9.38.3, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Umh Properties, Inc.), Purchase and Sale Agreement (Umh Properties, Inc.)
Representations True. Subject to the provisions of Section 9.38.3 hereof, all representations and warranties made by Seller Buyer in this Agreement, as the same may be amended as provided in Section 9.3, Agreement shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;
Appears in 1 contract
Samples: Purchase and Sale Agreement (Mack Cali Realty Corp)
Representations True. Subject to the provisions of Section 9.39.2.3, all representations and warranties made by Seller in this Agreement, as the same may be amended as provided in Section 9.39.2.3(c), shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;
Appears in 1 contract
Samples: Purchase and Sale Agreement (Behringer Harvard Reit I Inc)
Representations True. Subject to the provisions of Section 9.38.3, all representations and warranties made by Seller in this Agreement, as the same may be amended as provided in Section 9.3, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;
Appears in 1 contract
Samples: Purchase and Sale Agreement (Global Income Trust, Inc.)
Representations True. Subject to the provisions of Section 9.38.3, all representations and warranties made by Seller in this Agreementpursuant to Section 8.2, as the same may be amended as provided in Section 9.38.3, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;
Appears in 1 contract
Samples: Purchase and Sale Agreement (KBS Legacy Partners Apartment REIT, Inc.)
Representations True. Subject to the provisions of Section 9.3, all All representations and warranties made by Seller in this Agreement, as the same may be amended as provided in Section 9.3SECTION 8.3.1, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Meridian Industrial Trust Inc)
Representations True. Subject to the provisions of Section 9.3, all representations and warranties made by Seller in this Agreement, as the same may be amended as provided in Section 9.3, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier datedate only and not as of the Closing;
Appears in 1 contract
Samples: Purchase and Sale Agreement (Cornerstone Growth & Income REIT, Inc.)
Representations True. Subject to the provisions of Section 9.3, all All representations and warranties made by Seller Buyer in this Agreement, as the same may be amended as provided in Section 9.3SECTION 8.3.1, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Meridian Industrial Trust Inc)
Representations True. Subject to the provisions of Section 9.39.4, all representations and warranties made by Seller in this Agreement, as the same may be amended as provided in Section 9.3subject to any Permitted Change, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they such representations and warranties expressly relate to an earlier date;.
Appears in 1 contract
Representations True. Subject to the provisions of Section 9.311.3(a), all representations and warranties made by Seller Buyer in this Agreement, as the same may be amended as provided in Section 9.311.3(a), shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;
Appears in 1 contract
Representations True. Subject to the provisions of Section 9.311.3(b), all representations and warranties made by Seller in this Agreement, as the same may be amended as provided in Section 9.311.3(b), shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;
Appears in 1 contract
Representations True. Subject to the provisions of Section 9.3, all representations and warranties made by Seller in this Agreement, as the same may be amended cured as provided in Section 9.3, shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;.
Appears in 1 contract
Representations True. Subject to the provisions of Section 9.310.3, all representations and warranties made by Seller in this Agreement, as the same may be amended as provided in Section 9.310.3, shall be true and correct in all material respects on and as of the each Closing Date, as if made on and as of such date except to the extent that they expressly relate to an earlier date;
Appears in 1 contract
Samples: Purchase and Sale Agreement (Global Income Trust, Inc.)
