Common use of Bankruptcy Filings Clause in Contracts

Bankruptcy Filings. No petition in bankruptcy or insolvency has ever been filed or is pending against Borrower, Sole Member, Master Tenant, Guarantor or, to Borrower’s knowledge, any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT that are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor, and none of Borrower, Sole Member, Master Tenant, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor, has ever made an assignment for the benefit of creditors or taken advantage of any insolvency laws. None of Borrower, Sole Member, Master Tenant, Guarantor or to Borrower’s knowledge, any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor, is contemplating either the filing of a petition under any federal, state, local or foreign bankruptcy or insolvency laws or the liquidation of all or a material portion of Borrower’s, Sole Member’s, Master Tenant’s or Guarantor’s or such shareholder’s, partner’s, member’s or non-member manager’s assets or properties, and none of Borrower, Sole Member, Master Tenant, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor, has any knowledge of any Person contemplating the filing of any such petition against Borrower, Sole Member, Master Tenant, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor.

Bankruptcy Filings. No petition in bankruptcy or insolvency has ever been filed or is pending against Borrower, Sole Member, Master Tenant, Guarantor or, to Borrower’s knowledge, any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT that are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor, and none of Borrower, Sole Member, Master TenantSPC Party, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten twenty percent (1020%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant any SPC Party or Guarantor or are in control Control of any Borrower, Sole Memberany SPC Party or Guarantor, Master Tenant and none of any Borrower, any SPC Party, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly, own twenty percent (20%) or more of the legal, beneficial or economic interests in any Borrower, any SPC Party or Guarantor or are in Control of any Borrower, any SPC Party or Guarantor, has ever made an assignment for the benefit of creditors or taken advantage of any insolvency laws. None of any Borrower, Sole Member, Master Tenantany SPC Party, Guarantor or to Borrower’s knowledge, any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten twenty percent (1020%) or more of the legal, beneficial or economic interests in any Borrower, Sole Member, Master Tenant any SPC Party or Guarantor or are in control Control of any Borrower, Sole Member, Master Tenant any SPC Party or Guarantor, is contemplating either the filing of a petition under any federal, state, local or foreign bankruptcy or insolvency laws or the liquidation of all or a material portion of any Borrower’s, Sole Member’s, Master Tenantany SPC Party’s or Guarantor’s or such shareholder’s, partner’s, member’s or non-member manager’s assets or properties, and none of any Borrower, Sole Member, Master Tenantany SPC Party, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten twenty percent (1020%) or more of the legal, beneficial or economic interests in any Borrower, Sole Member, Master Tenant any SPC Party or Guarantor or are in control Control of any Borrower, Sole Member, Master Tenant any SPC Party or Guarantor, has any knowledge of any Person contemplating the filing of any such petition against any Borrower, Sole Member, Master Tenantany SPC Party, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten twenty percent (1020%) or more of the legal, beneficial or economic interests in any Borrower, Sole Member, Master Tenant any SPC Party or Guarantor or are in control Control of any Borrower, Sole Member, Master Tenant any SPC Party or Guarantor. Notwithstanding anything herein to the contrary, Borrowers do not make any representation or warranty herein with respect to any public shareholder of Guarantor owning less than twenty percent (20%) of Guarantor.

Bankruptcy Filings. No petition in bankruptcy or insolvency has ever been filed or is pending against Borrower, Sole Member, Master Tenant, Rudgate Guarantor or, to Borrower’s knowledge, or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT that are not Affiliates of Guarantor)indirectly, own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant Member or Rudgate Guarantor or are in control of Borrower, Sole Member, Master Tenant Member or Rudgate Guarantor, and none of Borrower, Sole Member, Master Tenant, Rudgate Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant Member or Rudgate Guarantor or are in control of Borrower, Sole Member, Master Tenant Member or Rudgate Guarantor, has ever made an assignment for the benefit of creditors or taken advantage of any insolvency laws. None of Borrower, Sole Member, Master Tenant, Rudgate Guarantor or to Borrower’s knowledge, any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant Member or Rudgate Guarantor or are in control of Borrower, Sole Member, Master Tenant Member or Rudgate Guarantor, is contemplating either the filing of a petition under any federal, state, local or foreign bankruptcy or insolvency laws or the liquidation of all or a material portion of Borrower’s, Sole Member’s, Master Tenant’s or Rudgate Guarantor’s or such shareholder’s, partner’s, member’s or non-member manager’s assets or properties, and none of Borrower, Sole Member, Master Tenant, Rudgate Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant Member or Rudgate Guarantor or are in control of Borrower, Sole Member, Master Tenant Member or Rudgate Guarantor, has any knowledge of any Person contemplating the filing of any such petition against Borrower, Sole Member, Master Tenant, Rudgate Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant Member or Rudgate Guarantor or are in control of Borrower, Sole Member, Master Tenant Member or Rudgate Guarantor.

Bankruptcy Filings. No petition in bankruptcy or insolvency has ever been filed or is pending against Borrower, Sole Member, Master TenantHoldings, Guarantor or, to Borrower’s knowledge, or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT that are not Affiliates of Guarantor)indirectly, own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant Holdings or Guarantor or are in control of Borrower, Sole Member, Master Tenant Holdings or Guarantor, and none of Borrower, Sole Member, Master TenantHoldings, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant Holdings or Guarantor or are in control of Borrower, Sole Member, Master Tenant Holdings or Guarantor, has ever made an assignment for the benefit of creditors or taken advantage of any insolvency laws. None of Borrower, Sole Member, Master TenantHoldings, Guarantor or to Borrower’s knowledge, any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant Holdings or Guarantor or are in control of Borrower, Sole Member, Master Tenant Holdings or Guarantor, is contemplating either the filing of a petition under any federal, state, local or foreign bankruptcy or insolvency laws or the liquidation of all or a material portion of Borrower’s, Sole Member’s, Master Tenant’s Holdings’ or Guarantor’s or such shareholder’s, partner’s, member’s or non-member manager’s assets or properties, and none of Borrower, Sole Member, Master TenantHoldings, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant Holdings or Guarantor or are in control of Borrower, Sole Member, Master Tenant Holdings or Guarantor, has any knowledge of any Person contemplating the filing of any such petition against Borrower, Sole Member, Master TenantHoldings, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant Holdings or Guarantor or are in control of Borrower, Sole Member, Master Tenant Holdings or Guarantor.

Bankruptcy Filings. No petition in bankruptcy or insolvency has ever been filed or is pending against Borrower, Sole Member, Master Tenant, Guarantor or, to Borrower’s knowledge, any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT that are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor, and none of Borrower, Sole Member, Master Tenant, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten twenty percent (1020%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant Borrower or Guarantor or are in control Control of Borrower or Guarantor, and none of Borrower, Sole MemberGuarantor or any of their respective shareholders, Master Tenant partners, members or non-member managers that, directly or indirectly, own twenty percent (20%) or more of the legal, beneficial or economic interests in Borrower or Guarantor or are in Control of Borrower or Guarantor, has ever made an assignment for the benefit of creditors or taken advantage of any insolvency laws. None of Borrower, Sole Member, Master Tenant, Guarantor or to Borrower’s knowledge, any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten twenty percent (1020%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant Borrower or Guarantor or are in control Control of Borrower, Sole Member, Master Tenant Borrower or Guarantor, is contemplating either the filing of a petition under any federal, state, local or foreign bankruptcy or insolvency laws or the liquidation of all or a material portion of Borrower’s, Sole Member’s, Master Tenant’s or Guarantor’s or such shareholder’s, partner’s, member’s or non-member manager’s assets or properties, and none of Borrower, Sole MemberGuarantor or any of their respective shareholders, Master Tenantpartners, members or non-member managers that, directly or indirectly, own twenty percent (20%) or more of the legal, beneficial or economic interests in Borrower or Guarantor or are in Control of Borrower or Guarantor, has any knowledge of any Person contemplating the filing of any such petition against Borrower, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten twenty percent (1020%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant Borrower or Guarantor or are in control Control of Borrower, Sole Member, Master Tenant Borrower or Guarantor. Notwithstanding anything herein to the contrary, has Borrower does not make any knowledge representation or warranty herein with respect to any shareholder of any Person contemplating the filing ARCNYC REIT (x) that is not an Affiliate of any such petition against Borrower, Sole Member, Master Tenant, Borrower and/or Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly and (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor), own ten y) owns less than twenty percent (1020%) or more of the legal, beneficial or economic interests direct and/or indirect interest in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or GuarantorARCNYC REIT.

Bankruptcy Filings. No petition in bankruptcy or insolvency has ever been filed or is pending against Borrower, Sole Member, Master Tenant, Guarantor or, to Borrower’s knowledge, any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx Xxxxx REIT that are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor, and none of Borrower, Sole Member, Master Tenant, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx Xxxxx REIT who are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor, has ever made an assignment for the benefit of creditors or taken advantage of any insolvency laws. None of Borrower, Sole Member, Master Tenant, Guarantor or to Borrower’s knowledge, any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx Xxxxx REIT who are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor, is contemplating either the filing of a petition under any federal, state, local or foreign bankruptcy or insolvency laws or the liquidation of all or a material portion of Borrower’s, Sole Member’s, Master Tenant’s or Guarantor’s or such shareholder’s, partner’s, member’s or non-member manager’s assets or properties, and none of Borrower, Sole Member, Master Tenant, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx Xxxxx REIT who are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor, has any knowledge of any Person contemplating the filing of any such petition against Borrower, Sole Member, Master Tenant, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx Xxxxx REIT who are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor.

Bankruptcy Filings. No petition in bankruptcy or insolvency has ever been filed or is pending against any Borrower, Sole Member, Master Tenant, Guarantor or, to Borrower’s knowledge, any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT that are not Affiliates of Guarantor), own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant or Guarantor or are in control of Borrower, Sole Member, Master Tenant or Guarantor, and none of Borrower, Sole Member, Master Tenant, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant any Borrower or Guarantor or are in control Control of any Borrower or Guarantor, and none of any Borrower, Sole MemberGuarantor or any of their respective shareholders, Master Tenant partners, members or non-member managers that, directly or indirectly, own ten percent (10%) or more of the legal, beneficial or economic interests in any Borrower or Guarantor or are in Control of any Borrower or Guarantor, has ever made an assignment for the benefit of creditors or taken advantage of any insolvency laws. None of any Borrower, Sole Member, Master Tenant, Guarantor or to Borrower’s knowledge, any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant any Borrower or Guarantor or are in control Control of Borrower, Sole Member, Master Tenant any Borrower or Guarantor, is contemplating either the filing of a petition under any federal, state, local or foreign bankruptcy or insolvency laws or the liquidation of all or a material portion of any Borrower’s, Sole Member’s, Master Tenant’s or Guarantor’s or such shareholder’s, partner’s, member’s or non-member manager’s assets or properties, and none of any Borrower, Sole Member, Master Tenant, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant any Borrower or Guarantor or are in control Control of Borrower, Sole Member, Master Tenant any Borrower or Guarantor, has any knowledge of any Person contemplating the filing of any such petition against any Borrower, Sole Member, Master Tenant, Guarantor or any of their respective shareholders, partners, members or non-member managers that, directly or indirectly (excluding shareholders of the Mxxxx REIT who are not Affiliates of Guarantor)indirectly, own ten EAST\87098743.3 percent (10%) or more of the legal, beneficial or economic interests in Borrower, Sole Member, Master Tenant any Borrower or Guarantor or are in control Control of Borrower, Sole Member, Master Tenant any Borrower or Guarantor.