Common use of Special Purpose Entity/Separateness Clause in Contracts

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 34 contracts

Samples: Loan Agreement (Highlands REIT, Inc.), Loan Agreement (Highlands REIT, Inc.), Loan Agreement (Highlands REIT, Inc.)

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Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 22 contracts

Samples: Loan Agreement (Assisted 4 Living, Inc.), Mezzanine Loan Agreement, Loan Agreement (Global Medical REIT Inc.)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the (i) Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one PersonEntity and (ii) Principal is, each such Person shall be and shall continue to be a Special Purpose Entity.

Appears in 11 contracts

Samples: Loan Agreement (RREEF Property Trust, Inc.), Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Loan Agreement (City Office REIT, Inc.)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the (i) Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person and (ii) Principal is, shall be and shall continue to be a Special Purpose Entity.

Appears in 8 contracts

Samples: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust V, Inc.), Loan Agreement (City Office REIT, Inc.), Loan Agreement (Koger Equity Inc)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 7 contracts

Samples: Commercial Loan Agreement (Red Oak Capital Fund V, LLC), Commercial Loan Agreement (Red Oak Capital Fund V, LLC), Loan Agreement (Red Oak Capital Fund IV, LLC)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 6 contracts

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity (provided any representations and warranties as to a Borrower shall be deemed made by each Borrower as to its Borrowing entity only). Lender acknowledges that the single purpose provisions contained in the organizational documents of Borrower and its general partners meet the definition of "Special Purpose Entity" as set forth herein.

Appears in 4 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

Special Purpose Entity/Separateness. (a) Until the Total Debt has been paid in full, Borrower hereby represents, warrants and covenants covenants, that the Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 4 contracts

Samples: Building Loan Agreement (Acadia Realty Trust), Building Loan Agreement (Acadia Realty Trust), Building Loan Agreement (Acadia Realty Trust)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, each Borrower hereby represents, warrants and covenants that the such Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 2 contracts

Samples: Loan Agreement (Morgans Hotel Group Co.), Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, each Borrower hereby represents, warrants and covenants that the Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 2 contracts

Samples: Loan Agreement (FelCor Lodging Trust Inc), Loan Agreement (FelCor Lodging Trust Inc)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, each Borrower hereby represents, warrants and covenants that the each Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 2 contracts

Samples: Loan Agreement (Westfield America Inc), Loan Agreement (Westfield America Inc)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, each of Borrower and Grantor hereby represents, warrants and covenants that the each of Borrower and Grantor is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 2 contracts

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, each Individual Borrower hereby represents, warrants and covenants that the such Individual Borrower is, shall be and shall continue to be a Special Purpose Entity. If an Individual Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 1 contract

Samples: Loan Agreement (Inland American Real Estate Trust, Inc.)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the each of Borrower and any Special Purpose Equityholder is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 1 contract

Samples: Loan Agreement (Entertainment Properties Trust)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the each Borrower is, shall be is and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotels & Resorts, Inc)

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Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower Borrowers hereby representsrepresent, warrants warrant and covenants covenant that the each Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the (i) Borrower is, shall be and shall continue to be a Special Purpose Entity and (ii) Mortgage Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 1 contract

Samples: Loan Agreement (Skilled Healthcare Group Inc)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the Borrower is, shall be and shall continue to be a Special Purpose Entity. If IF Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 1 contract

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Special Purpose Entity/Separateness. (a) Until After the Conversion and until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be Entity on a Special Purpose Entityprospective basis.

Appears in 1 contract

Samples: Loan Agreement (Taubman Centers Inc)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the (i) each Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, and (ii) each such Person Principal is, shall be and shall continue to be a Special Purpose Entity.

Appears in 1 contract

Samples: Loan Agreement (Skilled Healthcare Group Inc)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity (provided any representations and warranties as to a Borrower shall be deemed made by each Borrower as to its Borrowing entity only). Lender acknowledges that the single purpose provisions contained in the organizational documents of Borrower meets the definition of "Special Purpose Entity" as set forth herein.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the Borrower is, shall be and shall continue to be a Special Purpose Entity. If Lender acknowledges that the single purpose provisions contained in the operating agreement of the Borrower consists as of more than one Person, each such Person shall be the date hereof satisfy the requirements of a Special Single Purpose Entity.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, each Borrower hereby represents, warrants and covenants that the such Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 1 contract

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that the each Individual Borrower is, shall be and shall continue to be a Special Purpose Entity. If Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

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