Submission Matters. 14 3.15 Bankruptcy................................................... 14 3.16
Submission Matters. To Crow's knowledge, all Submission Matters ------------------ delivered by Crow to Patriot pursuant to this Agreement are true, correct and complete in all material respects.
Submission Matters. (a) To the extent that Seller has not already done so, Seller shall within five (5) business days deliver to Buyer copies of the following (the “Submission Matters”), to the extent (and only to the extent) that such items are available and in Seller’s actual possession or in the possession of any of Seller’s manager, consultants or agents:
(i) revenue and expense reports, or equivalent, in the form prepared by the property manager for the most recent twenty-four (24) months (“Operating Reports”);
(ii) copies of any Service Contracts which are currently in effect;
(iii) the aged delinquency report(s) for the previous twelve (12) months, in the form prepared by the property manager;
(iv) Seller’s most current Owner’s Title Policy (with the amount of the coverage removed);
(v) an inventory of the Personal Property, which inventory shall identify which items are leased and which items are owned by, as appropriate, the Seller or Seller’s property manager;
(vi) a rent roll, as of a recent date in the form provided to Seller by its property manager (“Rent Roll”);
(vii) copies of all tax (real and personal property) bills for the current year and the immediately preceding year together with the current tax assessment information;
(viii) copies of all utility bills for the most recent two (2) months;
(ix) the Phase I Environmental Site Assessment prepared by Pinnacle Sciences, Inc., dated October 5, 2002 (“Existing Environmental Report”); and
(x) the insurance claim report for any insurance claims made with regard to the Property in the most recent twelve (12) months.
(b) In addition, Seller has or will cause to be made available to Buyer for inspection at the Property the following (the “Additional Submission Matters”), to the extent (and only to the extent) that such items are available and in Seller’s actual possession or control:
(i) copies of any plans and specifications;
(ii) (iii) (iv) maintenance records for the Property; tenant correspondence files; books and records for the Property;
(v) copies of Tenant Leases;
(vi) copies of any certificates of occupancy; and
(vii) copies of any warranties or guaranties applicable to the Property.
(c) Seller has delivered to Buyer that certain termite contract (“Termite Agreement”) issued by Chief Pest Control, Inc., dated April 27, 2008. Seller shall assign to Buyer at Closing all of Seller’s rights under the Termite Agreement.
(d) Any failure of Seller to timely deliver any of the Submission Matters or make available ...
Submission Matters. Seller has provided to Purchaser and Purchaser acknowledges receipt, whether by (i) delivery to Purchaser, (ii) availability at the Property, or (iii) availability on an electronic "war room" accessible to Purchaser, certain "Property Documents" described in the Access Agreement which for purposes of this Agreement shall be considered the "Submission Matters"). Purchaser and Seller both acknowledge Seller believes it has provided Purchaser what it believes to be the Submission Matters and, other than certain items previously requested, Purchaser is not aware of any additional Submission Matters for Seller to provide. If Seller discovers additional items or information which should have been included in the Submission Matters, Seller shall promptly provide such Submission Matters to Purchaser. If Purchaser has reason to believe there may be Submission Matters beyond those already provided by Seller, Purchaser shall make prompt request to Seller for such potential Submission Matters.
Submission Matters. All architectural plans, site plans, existing surveys and other specifications for the Property.
Submission Matters. Operating Partnership and Company acknowledge having received copies of the documents listed on Schedule 4.11.
Submission Matters. To Owners' knowledge, the Submission Matters delivered to Company are true, accurate and complete copies thereof in Owners' possession or reasonably available to Owners.
Submission Matters. Seller shall deliver to Buyer within five days after the Effective Date, copies of the following (the “Submission Matters”):
(i) a standard form of Tenant Lease used with respect to the Property;
(ii) all Tenant Leases with Retail Tenants (“Retail Leases”);
(iii) all Service Contracts relating to the ownership and operation of the Property;
(iv) a list of the Personal Property;
(v) all licenses and permits with respect to the ownership and operation of the Property, including building permits and certificates of occupancy;
(vi) the most current real estate and personal property tax statements with respect to the Property;
(vii) to the extent (and only to the extent) that such items are available and in Seller’s actual possession or in the actual possession of Seller’s management company, all warranties and guaranties relating to the Property, or any part thereof, or to the Personal Property;
(viii) a rent roll as of a date not more than 30 days prior to the Effective Date (“Initial Rent Roll”) prepared by the management company managing the Property showing, at a minimum, the following information: (a) unit number, (b) tenant name, (c) rental rate, (d) expiration date of the Tenant Lease, (e) amount of deposits, and (f) move-in date;
(ix) operating reports since completion of construction and occupancy of the Property prepared by the management company managing the Property, showing all items of income and expense and all deposits;
(x) to the extent (and only to the extent) that such items are available and in Seller’s actual possession or in the actual possession of Seller’s management company, all environmental, engineering, and soils reports;
(xi) to the extent (and only to the extent) that such items are available and in Seller’s actual possession or in the actual possession of Seller’s management company, non-privileged correspondence and pleadings in pending lawsuits affecting the Property, if any;
(xii) a list of repairs done to the Property after final completion of construction within the last 12 months having a cost of more than $5,000;
(xiii) to the extent (and only to the extent) that such items are available and in Seller’s actual possession or in the actual possession of Seller’s management company, all documentation regarding any roof, foundation, or pest control (including termite) work performed on the Property and the bonds and/or warranties of such work;
(xiv) a schedule of all insurance claims after final completion of construction that...
Submission Matters. Seller has made available to Purchaser originals (or copies if originals are not within Seller’s possession or control) of: (i) the Leases; (ii) the Mortgages and the other Loan Documents; (iii) the certificate of formation and Limited Liability Company Agreement of the Company; (iv) a copy of the Company’s title insurance policy issued by Old Republic National Title Insurance Company, as the title insurer, for the Property (the “Title Report”); (v) a copy of the as-built survey of the Property obtained by the Company in connection with its purchase of the Property; and (vi) the additional documents and other materials listed on Schedule 3.2(k) hereto (the foregoing documents listed in clauses (i) through (vi) of this Section 3.2(k) are referred to herein collectively as the “Submission Matters”). The Submission Matters furnished by Seller to Purchaser, are true, complete and correct copies of the documents they purport to represent. There have been no amendments or modifications of the Leases, the Loan Documents, or any of the other Submission Matters except as otherwise shown therein or in the applicable document.
Submission Matters. To Wyndham’s and Owners’ knowledge, the Submission Matters have been delivered or made available to Purchaser in accordance with the requirements of Section 2.4(b) in all material respects and are in all material respects true, correct and complete copies thereof in Wyndham’s, Owners’ or Managers’ possession.
