Acquisition Agreement, etc. Each Acquisition Agreement is a valid and binding contract as to the Borrower party thereto and, to the best of such Borrower's knowledge, as to the Sellers party thereto. Such Borrower is not in default in any material respect of its obligations under any Acquisition Agreement and, to the best of such Borrower's knowledge, the Sellers party thereto are not in default in any material respect of any of their obligations thereunder. The representations and warranties of such Borrower set forth in each Acquisition Agreement are true and correct in all material respect as of the date hereof with the same force and effect as though made on and as of the date hereof. To the best of such Borrower's knowledge all of the representations and warranties of the Sellers set forth in each Acquisition Agreement are true and correct in all material respects as of the date hereof with the same force and effect as though made on and as of the date hereof.
Acquisition Agreement, etc. The Acquisition Agreement is a valid and binding contract as to the REIT and Acquisition Subsidiary and, to the REIT's knowledge, as to Xxxxxxx Inc. Neither the REIT nor Acquisition Subsidiary is in default in any material respect of its obligations under the Acquisition Agreement and, to the REIT's knowledge, Xxxxxxx Inc is not in default in any material respect of any of its obligations thereunder. The representations and warranties of the REIT and Acquisition Subsidiary set forth in the Acquisition Agreement are true and correct in all material respects as of the date hereof with the same force and effect as though made on and as of the date hereof. To the REIT's knowledge all of the representations and warranties of Xxxxxxx Inc. set forth in the Acquisition Agreement are true and correct in all material respects as of the date hereof with the same force and effect as though made on and as of the date hereof.
Acquisition Agreement, etc. As of the Initial Closing Date, the Acquisition Agreement is a valid and binding contract as to the Company and, to the best of the Company's knowledge, as to the Sellers, in each case subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and general principles of equity. As of the Initial Closing Date, the Company is not in default in any material respect of its obligations under the Acquisition Agreement and, to the best of the Company's knowledge, the Sellers are not in default in any material respect of any of their obligations thereunder. The representations and warranties of the Company set forth in the Acquisition Agreement are true and correct in all material respect as of the date hereof with the same force and effect as though made on and as of the date hereof. To the best of the Company's knowledge all of the representations and warranties of the Sellers set forth in the Acquisition Agreement are true and correct in all material respects as of the date hereof with the same force and effect as though made on and as of the date hereof.
Acquisition Agreement, etc. The Administrative Agent shall have received, in form and substance satisfactory to the Administrative Agent, (i) copies of documentation for the Acquisition and other aspects of the transaction, including the Acquisition Agreement and all exhibits and schedules thereto and (ii) evidence that all material consents and approvals required pursuant to the terms of the Acquisition Agreement have been obtained. The Acquisition will have been consummated in accordance with the terms and conditions of the Acquisition Agreement without any waiver, modification or consent thereunder that is materially adverse to the Lenders (as reasonably determined by the Administrative Agent) unless approved by the Administrative Agent, and no law or regulation will be applicable, or event will have occurred, nor will any litigation or investigation be pending or threatened, that could reasonably be expected to impose materially adverse conditions or which could reasonably be expected to have a material adverse effect upon the consummation of the Acquisition or any if the other transactions contemplated by the Acquisition Agreement.
