Common use of Physical Condition Clause in Contracts

Physical Condition. Except as disclosed in the engineering reports obtained by Lender in connection with the Properties, to Borrower’s knowledge, each Individual Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 4 contracts

Samples: Loan Agreement, Loan Agreement (Harrahs Entertainment Inc), Loan Agreement (Harrahs Entertainment Inc)

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Physical Condition. Except as disclosed in by the engineering reports obtained by Lender in connection with the Properties, to Borrower’s knowledgePhysical Conditions Reports, each Individual Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; except as disclosed by the Physical Conditions Reports, there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual Property, or any part thereof, which would materially adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Capitalsource Inc), Loan Agreement (Capitalsource Inc)

Physical Condition. Except as disclosed in the engineering reports obtained by Lender in connection with Physical Conditions Report, the Properties, to Borrower’s knowledge, each Individual Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; except as disclosed in the Physical Conditions Report, there exists no structural or other material defects or damages in any Individual portion of the Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 2 contracts

Samples: Loan Agreement (Glimcher Realty Trust), Loan Agreement (Glimcher Realty Trust)

Physical Condition. Except as disclosed specifically set forth in the engineering reports obtained by Lender in connection with the PropertiesProperty Condition Report, to Borrower’s knowledgeKnowledge, each Individual Property(a) the Projects, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; and (b) there exists no structural or other material defects or damages in any Individual PropertyProject, whether latent or otherwise, and . Borrower has not received written notice from any insurance company or bonding company of any defects or inadequacies in any Individual PropertyProject, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 2 contracts

Samples: Loan Agreement (Summit Healthcare REIT, Inc), Loan Agreement (Cornerstone Core Properties REIT, Inc.)

Physical Condition. Except as otherwise disclosed in the engineering written physical inspection reports obtained by Lender in connection with heretofore delivered to Lender, the Properties, to Borrower’s knowledge, each Individual Collateral Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in any Individual the Collateral Property, whether latent or otherwise, and neither Owner nor Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual the Collateral Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 1 contract

Samples: Loan Agreement (Westfield America Inc)

Physical Condition. Except as disclosed specifically set forth in the engineering reports obtained by Lender in connection with the Propertiesapplicable Property Condition Report, to Borrower’s knowledgeKnowledge, each Individual Property(a) the Projects, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; and (b) there exists no structural or other material defects or damages in any Individual PropertyProject, whether latent or otherwise, and . Borrower has not received written notice from any insurance company or bonding company of any defects or inadequacies in any Individual PropertyProject, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 1 contract

Samples: Loan Agreement (Cornerstone Core Properties REIT, Inc.)

Physical Condition. Except as disclosed in the engineering reports obtained by Physical Conditions Reports delivered to Lender in connection connecting with the Propertiesthis Loan, to Borrower’s knowledge's Knowledge, each Individual Propertythe Properties, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, Property and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Physical Condition. Except as disclosed in the engineering reports obtained by Lender in connection with Environmental Reports or the Propertiesphysical condition reports, to Borrower’s knowledge, knowledge each Individual Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and Borrower nor Owner has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 1 contract

Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Physical Condition. Except as otherwise disclosed in the engineering written physical inspection reports obtained by Lender in connection with the Properties, heretofore delivered to Borrower’s knowledgeLender, each Individual Collateral Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in any Individual Collateral Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual Collateral Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 1 contract

Samples: Loan Agreement (Westfield America Inc)

Physical Condition. Except as may be disclosed in the engineering reports obtained by Lender in connection with Physical Condition Reports delivered to Lender, the Properties, to Borrower’s knowledge, each Individual Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; , to the best of Borrower's knowledge, there exists no structural or other material defects or damages in any Individual the Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 1 contract

Samples: Loan Agreement (Pennsylvania Real Estate Investment Trust)

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Physical Condition. Except as disclosed in the engineering reports obtained by Lender in connection with Zoning Reports or the Properties, Physical Condition Reports and to Borrower’s knowledge, each Individual Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in any Individual Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 1 contract

Samples: Loan Agreement (Global Net Lease, Inc.)

Physical Condition. Except To Borrower’s actual knowledge and except as disclosed set forth in the engineering reports obtained by Lender in connection with Physical Conditions Report, the Properties, to Borrower’s knowledge, each Individual Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; To Borrower’s actual knowledge, there exists no structural or other material defects or damages in any Individual the Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 1 contract

Samples: Loan Agreement (Cole Credit Property Trust II Inc)

Physical Condition. Except as disclosed in the engineering reports obtained by Physical Conditions Report delivered to Lender in connection connecting with the Propertiesthis Loan, to Borrower’s knowledge, each Individual the Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in any Individual the Property, whether latent or otherwise, and Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any Individual the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 1 contract

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

Physical Condition. Except as disclosed specifically set forth in the engineering reports obtained by Lender in connection with the PropertiesProperty Condition Report, to Borrower’s knowledgeBorrowers’ Knowledge, each Individual Property(a) the Projects, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; and (b) there exists no structural or other material defects or damages in any Individual PropertyProject, whether latent or otherwise, and . No Borrower has not received written notice from any insurance company or bonding company of any defects or inadequacies in any Individual PropertyProject, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital Healthcare Trust Inc)

Physical Condition. Except as disclosed in Based on a property condition report received by Borrower prior to the engineering reports obtained by Lender in connection with the PropertiesClosing Date, and to Borrower’s knowledge, each Individual the Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, are in good condition, order and repair in all material respects; there exists no structural or other material defects or damages in any Individual the Property, whether latent or otherwise, and Borrower has not received written notice from any insurance company or bonding company of any defects or inadequacies in any Individual the Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 1 contract

Samples: Loan Agreement (City Office REIT, Inc.)

Physical Condition. Except as disclosed to Lender in the engineering reports obtained by Lender in connection with the PropertiesPhysical Conditions Report, to Borrower’s knowledge, each Individual Property, Property (including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components) is, are in all material respects, in good condition, order and repair repair. Except as disclosed to Lender in all material respects; the Physical Conditions Report, there exists no structural or other material defects or damages in any its Individual Property, whether latent or otherwise, and . Individual Borrower has not received notice from any insurance company or bonding company of any defects or inadequacies in any its Individual Property, or any part thereof, which would adversely affect the insurability of the same or cause the imposition of extraordinary premiums or charges thereon or of any termination or threatened termination of any policy of insurance or bond.

Appears in 1 contract

Samples: Loan Agreement (BlueLinx Holdings Inc.)

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