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. (b) The representations, warranties and covenants set forth in Section 4.1.30 (a) shall survive for so long as any amount remains payable to Lender under this Agreement or any other Loan Document. (c) Any and all of the assumptions made in any Insolvency Opinion, including, but not limited to, any exhibits attached thereto, will have been and shall be true and correct in all respects, and Borrower will have complied and will comply with all of the assumptions made with respect to it in any Insolvency Opinion. Each entity other than Borrower with respect to which an assumption is made in any Insolvency Opinion will have complied and will comply with all of the assumptions made with respect to it in any such Insolvency Opinion.

Appears in 12 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. (b) The representations, warranties and covenants set forth in Section 4.1.30 (a4.1.30(a) shall survive for so long as any amount remains payable to Lender under this Agreement or any other Loan Document. (c) Any and all of the assumptions made in any Insolvency Opinion, including, but not limited to, any exhibits attached thereto, will have been and shall be true and correct in all respects, and Borrower will have complied and will comply with all of the assumptions made with respect to it in any Insolvency Opinion. Each entity other than Borrower with respect to which an assumption is made in any Insolvency Opinion will have complied and will comply with all of the assumptions made with respect to it in any such Insolvency Opinion.

Appears in 3 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 meets the definition of "Special Purpose Entity" as set forth herein. (b) The representations, warranties and covenants set forth in Section 4.1.30 (a) shall survive for so long as any amount remains payable to Lender under this Agreement or any other Loan Document. (c) Any and all of the assumptions made in any Insolvency Opinion, including, but not limited to, any exhibits attached thereto, will have been and shall be are true and correct in all respects, and Borrower will have has complied and will comply with all of the assumptions made with respect to it in any Insolvency Opinion. Each entity other than Affiliate of Borrower with respect to which an assumption is made in any Insolvency Opinion will have complied and will comply with all of the assumptions made with respect to it in any such Insolvency Opinion.

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 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. (b) The representations, warranties and covenants set forth in Section 4.1.30 (a) shall survive for so long as any amount remains payable to Lender under this Agreement or any other Loan Document. (c) Any and all of the assumptions made in any Insolvency Opinion, including, but not limited to, any exhibits attached thereto, will have been and shall be are true and correct in all respects, and Borrower will have has complied and will comply with all of the assumptions made with respect to it in any Insolvency Opinion. Each entity other than Affiliate of Borrower with respect to which an assumption is made in any Insolvency Opinion will have complied and will comply with all of the assumptions made with respect to it in any such Insolvency Opinion.

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 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. (b) The representations, warranties and covenants set forth in Section 4.1.30 (a) shall survive for so long as any amount remains payable to Lender under this Agreement or any other Loan Document. (c) Any and all of the assumptions made in any Insolvency Opinion, including, but not limited to, any exhibits attached thereto, will have been and shall be are true and correct in all respects, and Borrower will have has complied and will comply with all of the assumptions made with respect to it in any Insolvency Opinion. Each entity other than Affiliate of Borrower with respect to which an assumption is made in any Insolvency Opinion will have complied and will comply with all of the assumptions made with respect to it in any such Insolvency Opinion.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I 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 IF Borrower consists of more than one Person, each such Person shall be a Special Purpose Entity. (b) The representations, warranties and covenants set forth in Section 4.1.30 (a) shall survive for so long as any amount remains payable to Lender under this Agreement or any other Loan Document. (c) Any and all of the assumptions made in any Insolvency Opinion, including, but not limited to, any exhibits attached thereto, will have been and shall be true and correct in all respects, and Borrower will have complied and will comply with all of the assumptions made with respect to it in any Insolvency Opinion. Each entity other than Borrower with respect to which an assumption is made in any Insolvency Opinion will have complied and will comply with all of the assumptions made with respect to it in any such Insolvency Opinion.

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, 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. (b) The representations, warranties and covenants set forth in Section 4.1.304.1.31 (a) shall survive for so long as any amount remains payable to Lender under this Agreement or any other Loan Document. (c) Any and all of the facts presented and assumptions made in any Insolvency Opinion, including, but not limited to, any exhibits attached thereto, will have been and shall be true and correct in all respects, and Borrower will have complied and will comply with all of the assumptions made with respect to it in any Insolvency Opinion. Each entity other than Borrower with respect to which an assumption is made in any Insolvency Opinion will have complied and will comply with all of the assumptions made with respect to it in any such Insolvency Opinion.

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 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. (b) The representations, warranties and covenants set forth in Section 4.1.30 (a) shall survive for so long as any amount remains payable to Lender under this Loan Agreement or any other Loan Document. (c) Any and all of the assumptions made in any Insolvency Opinion, including, but not limited to, any exhibits attached thereto, will have been and shall be true and correct in all respects, and Borrower will have complied and will comply with all of the assumptions made with respect to it in any Insolvency Opinion. Each entity other than Borrower with respect to which an assumption is made in any Insolvency Opinion will have complied and will comply with all of the assumptions made with respect to it in any such Insolvency Opinion.

Appears in 1 contract

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

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