Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that (i) Borrower has been since its formation, is now, and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to be a Special Purpose Entity.
Appears in 4 contracts
Samples: Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.)
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that (i) Borrower has been since its formation, is now, and shall continue to be a Special Purpose Entity and (ii) Principal (if applicableany) has been since its formation, is now, and shall continue to be a Special Purpose Entity.
Appears in 4 contracts
Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.), Loan Agreement (Inland Diversified 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 (i) Borrower it has been since its formation, is now, and shall continue to be a Special Purpose Entity and (ii) each Principal (if applicableany) has been since its formation, is now, and shall continue to be a Special Purpose Entity.
Appears in 4 contracts
Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.)
Special Purpose Entity/Separateness. (a) Until the Total Debt has been paid in full, Borrower hereby represents, warrants and covenants covenants, that (i) Borrower has been since its formationis, is now, and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to 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 (i) such Borrower has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity Entity, and (ii) its Principal (if applicable) has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity.
Appears in 3 contracts
Samples: Pledge and Security Agreement (MPG Office Trust, Inc.), Pledge and Security Agreement (MPG Office Trust, Inc.), 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 (i) Borrower has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity and Entity, (ii) Mortgage Borrower is, shall be and shall continue to be a Special Purpose Entity, and (iii) Principal (if applicable) has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity.
Appears in 2 contracts
Samples: Loan Agreement (Maguire Properties Inc), 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 (i) Borrower has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity (Lender acknowledges that the single purpose provisions contained in the organizational documents of Borrower and Principal satisfy the requirements of a Special Purpose Entity).
Appears in 2 contracts
Samples: Loan Agreement (Behringer Harvard Reit I Inc), 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 (i) each Borrower has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity.
Appears in 2 contracts
Samples: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, each Borrower hereby represents, warrants and covenants that (i) such Borrower has been since its formation, is now, and shall be and shall continue to be a Special Purpose Entity Entity, and (ii) Principal (if applicable) has been since its formation, the corresponding Mortgage Borrower is now, and shall continue to be a Special Purpose Entity.
Appears in 2 contracts
Samples: Pledge and Security Agreement (MPG Office Trust, Inc.), Pledge and Security Agreement (MPG Office Trust, Inc.)
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, each Borrower hereby represents, warrants and covenants that (i) Borrower has been since its formation, is noweach Borrower, and each Principal is, shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to be a Special Purpose Entity.
Appears in 2 contracts
Samples: Loan Agreement (Cole Credit Property Trust Inc), Loan Agreement (Cole Credit Property Trust III, Inc.)
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that (i) Borrower has been since its formationeach of Owner and Operating Tenant is, is now, shall be and shall continue to be a Special Purpose Entity and (ii) Principal (that is the general partner or managing member of each of Owner and Operating Tenant, if applicable) has been since its formationany, is nowis, shall be and shall continue to be a Special Purpose Entity.
Appears in 2 contracts
Samples: Loan Agreement (Procaccianti Hotel Reit, Inc.), Loan Agreement (Procaccianti Hotel Reit, Inc.)
Special Purpose Entity/Separateness. (a) Until the Debt Loan has been paid in full, each Borrower hereby represents, warrants and covenants that (i) each Borrower has been since its formationis, is now, and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to be a Special Purpose Entity.
Appears in 1 contract
Samples: Loan and Security Agreement (Inland American Real Estate Trust, Inc.)
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full and the obligations under the Subordinate Mortgage Loan have been paid in full, each Borrower hereby represents, warrants and covenants that (i) such Borrower has been since its formationis, is now, and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to be a Special Purpose Entity.
Appears in 1 contract
Samples: Loan Agreement (Bref Hr, LLC)
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that (i) Borrower is, has been since the date of its formation, is now, and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to be a Special Purpose Entity.
Appears in 1 contract
Samples: Loan Agreement (First Capital Real Estate Trust Inc)
Special Purpose Entity/Separateness. (a) Until Since Borrower’s formation and until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that (i) Borrower has been since its formationbeen, is nowis, and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to be a Special Purpose Entity.
Appears in 1 contract
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that (i) Borrower has been since its formationis, is nowshall be and shall continue to be a Special Purpose Entity, and (ii) any Principal is, shall be and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formationit being acknowledged that, as of the Closing Date, there is now, and shall continue to be a Special Purpose Entityno Principal).
Appears in 1 contract
Samples: Loan Agreement (Sabre Corp)
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, each of Owner and Borrower hereby represents, warrants and covenants that (i) each of Owner and Borrower has been since its formationis, is now, and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to be a Special Purpose Entity.
Appears in 1 contract
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 (i) Borrower has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to be 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 (i) Borrower has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity and (ii) each of Mortgage Borrower and Principal (if applicable) has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Global Income Trust, Inc.)
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, each Individual Borrower hereby represents, warrants and covenants that (i) each Individual Borrower has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity.
Appears in 1 contract
Samples: Loan Agreement (Sun Communities Inc)
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants (as to itself) that (i) Borrower has been since its date of formation, is nowis, and shall continue to be, a Special Purpose Entity and (ii) Mortgage Borrower and each other Mortgage Loan Party is, and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to be a Special Purpose Entityas defined in the Mortgage Loan Agreement).
Appears in 1 contract
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that (i) Borrower has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity Entity, and (ii) any Principal (if applicable) has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity.
Appears in 1 contract
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, or with respect to an Individual Borrower, the earlier release of the liens of the Pledge Agreement on all Collateral owned by such Individual Borrower, each Individual Borrower hereby represents, warrants and covenants that (i) Borrower has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity Entity, and (ii) Principal (if applicable) has been since its formationXxxxxx Cushion Entity is, is now, shall be and shall continue to be a Special Purpose Entity.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Wyndham International Inc)
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that (i) Borrower has been since its formation, is nowBorrower, and any Principal is, shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to be a Special Purpose Entity.
Appears in 1 contract
Samples: Loan Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that (i) Borrower has been since its formationeach of Borrower, is nowOperating Lessee and Operating Lessee Pledgor is, and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to be a Special Purpose Entity.
Appears in 1 contract
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that (i) Borrower has been since its formationis, is now, and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to be a Special Purpose Entity, and (ii) any Principal shall be a Special Purpose Entity.
Appears in 1 contract
Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.)
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that (i) Borrower has been since its formationbeen, is nowis, shall be and shall continue to be a Special Purpose Entity Entity, and (ii) the Principal (if applicable) has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity.
Appears in 1 contract
Samples: Loan Agreement (Pennsylvania Real Estate Investment Trust)
Special Purpose Entity/Separateness. (ai) Until all of the Debt has Obligations have been paid in full, the Borrower hereby represents, warrants and covenants that (i) the Borrower has been since its formationis, is now, and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to be a Special Purpose Entity, separate from the Seller.
Appears in 1 contract
Samples: Credit and Security Agreement (Horizon Technology Finance Corp)
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that (i) each Individual Borrower has been since its formationis, is nowshall be and shall continue to be a Special Purpose Entity, (ii) each Operating Lessee is, shall be and shall continue to be a Special Purpose Entity and (iiiii) Principal (if applicable) has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity.
Appears in 1 contract
Samples: Property Management Agreement (Sunstone Hotel Investors, Inc.)
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that (i) Borrower has been since its formationis, is now, and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to be a Special Purpose Entity. Lender acknowledges that the single purpose provisions contained in the operating agreement of the Borrower as of the date hereof satisfy the requirements of a Single Purpose Entity.
Appears in 1 contract
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that (i) the Borrower has been since its formationis, is now, shall be and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been since its formation, is now, and shall continue to be a Special Purpose Entity.shall
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, each Individual Borrower hereby represents, warrants and covenants that (i) Borrower has been since its formationit is, is now, shall be and shall continue to be a Special Purpose Entity and (iithat from the date of formation to the date hereof, each Individual Borrower has complied with the single purpose and separateness provisions in Sections 7 and 9(j) Principal (if applicable) has been since of its formationLimited Liability Company Agreement dated as of May 7, is now, and shall continue to be a Special Purpose Entity2004.
Appears in 1 contract
Special Purpose Entity/Separateness. (a) Until the Debt has been paid in full, Borrower hereby represents, warrants and covenants that (i) Borrower has been at all times since its formationformation been, is now, shall be and shall continue to be a Special Purpose Entity and (ii) Principal (if applicable) has been at all times since its formationformation been, is now, shall be and shall continue to be a Special Purpose Entity (Lender acknowledges that the single purpose provisions contained in the organizational documents of Borrower and Principal satisfy the requirements of a Special Purpose Entity).
Appears in 1 contract
