Examples of ARC REIT in a sentence
ARC IV REIT, Inc., a Maryland corporation ("ARC REIT") is the sole general partner of ARC IV.
ARC REIT has a one hundred (100%) percent general partnership interest in ARC IV.
To the Borrower’s knowledge, none of ARC REIT, the Borrower or any Subsidiary has contingent liabilities which are material to it and are required to be set forth in its financial statements or notes thereto in accordance with GAAP other than as indicated on such financial statements and notes thereto (including with respect to future periods as to which this representation is required to be remade, on the financial statements furnished pursuant to Section 8.5 hereof).
There is no litigation or governmental or arbitration proceeding or labor controversy pending, nor to the knowledge of the Borrower threatened, against ARC REIT, the Borrower or any Subsidiary or any of their Property which if adversely determined, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect other than as set forth on Schedule 6.11.
The Fiscal Year of ARC REIT and its Subsidiaries ends on December 31 of each year; and the Borrower shall not, nor shall it permit ARC REIT or any Subsidiary to, change its Fiscal Year from its present basis.
ARC REIT shall maintain its status as a REIT and all of the representations and warranties set forth in Section 6.25 shall remain true and correct at all times.
All of the outstanding shares of capital stock and other equity interests of each Subsidiary are validly issued and outstanding and, with respect to Subsidiaries that are corporations, fully paid and nonassessable, and all such shares and other equity interests indicated on Schedule 6.2 as owned by ARC REIT or a Subsidiary are owned, beneficially and of record, by ARC REIT or such Subsidiary free and clear of all Liens (other than Permitted Liens).
ARC REIT, the Borrower and its Subsidiaries, taken as a whole, are solvent, able to pay their debts as they become due, and have sufficient capital to carry on their business as presently conducted and all businesses (if any) which are currently contemplated to be undertaken by them.
None of ARC REIT, the Borrower or any Subsidiary is an “investment company” or a company “controlled” by an “investment company” within the meaning of the Investment Company Act of 1940, as amended.
ARC REIT, the Borrower and its Subsidiaries have received all licenses, permits, and approvals of all federal, state, and local governmental authorities, if any, necessary to conduct their businesses, in each case where the failure to obtain or maintain the same would reasonably be expected to have a Material Adverse Effect.