TRUSTOR’S REPRESENTATIONS AND WARRANTIES. Trustor represents and warrants to Trustee and Beneficiary as follows:
TRUSTOR’S REPRESENTATIONS AND WARRANTIES. The Trustor hereby represents and warrants as follows (except as set forth in, and subject to the disclosures in, the Credit Agreement and the Schedules thereto):
TRUSTOR’S REPRESENTATIONS AND WARRANTIES. Trustor represents and warrants to Trustee and Beneficiary that all of the statements set forth in the third WHEREAS clause to this Amendment are true and correct.
TRUSTOR’S REPRESENTATIONS AND WARRANTIES. Trustor represents and warrants that Trustor: (i) is fully aware of and clearly understands all of the terms and provisions contained in this Second Modification; (ii) has voluntarily, with full knowledge and without coercion or duress of any kind, entered into this Second Modification; (iii) is not relying on any representation, whether written or oral, express or implied, made by Beneficiary other than as set forth in this Second Modification; (iv) on its own initiative has made proposals to the Beneficiary, the terms of which are reflected by this Second Modification; and (v) has received actual and adequate consideration to enter into this Second Modification.
TRUSTOR’S REPRESENTATIONS AND WARRANTIES. Trustor hereby represents and warrants that it shall not cause or permit and, to the best of its knowledge (after due inquiry), except as disclosed by Trustor to Beneficiary in the Environmental Disclosure form relating to the premises or in any environmental or soil reports, no other person has caused, suffered or permitted any Hazardous Materials to be dumped, placed, stored, held, located, used, manufactured, generated, leaked, discharged, released, seeped, emitted or disposed of into, from, on, under, above, around, in or at the Trust Property or any part thereof, and that no part of the Trust Property will be or, to the best of its knowledge (after due inquiry), has been used for the disposal, storage, treatment, processing, manufacturing, generation or other handling of Hazardous Materials.
TRUSTOR’S REPRESENTATIONS AND WARRANTIES. 1. The Trustor makes the following representations:
TRUSTOR’S REPRESENTATIONS AND WARRANTIES. (a) Trustor represents and warrants that it has delivered to Beneficiary true and correct copies of all Trustor’s and Operating Lessee’s and Liable Party’s organizational documents and except for the Trustor Guaranty (as defined in Section 10.1(b)) and as expressly approved by Beneficiary in writing, there have been no changes in Trustor’s members or Operating Lessee’s members (“Trustor’s Constituents”) since the date that the Application was executed by Trustor and Strategic Hotels & Resorts Inc. and/or its legally permitted successors and assigns (“SHRI”) continues to Control (as defined in Section 10.4)
TRUSTOR’S REPRESENTATIONS AND WARRANTIES
