Common use of Condominium Representations Clause in Contracts

Condominium Representations. Borrower represents and warrants that to the best of Borrower’s knowledge (a) the Condominium Documents are in full force and effect; (b) all amounts due and payable by Mortgage Borrower under the Condominium Documents have been paid; (c) there is no existing material default or breach of any covenant or condition on the part of Mortgage Borrower or any other Person under any Condominium Document; (d) except as set forth on Schedule 4.44(d), no other party to any of the Condominium Documents has any defense, set-off or counterclaim against Mortgage Borrower or Operating Lessee; and (e) there are no amendments of or modifications to any Condominium Documents except as disclosed in writing to Lender.

Appears in 3 contracts

Samples: Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)

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Condominium Representations. Borrower represents and warrants that to the best of Borrower’s knowledge (a) the Condominium Documents are in full force and effect; (b) all amounts due and payable by Mortgage Borrower under the Condominium Documents have been paid; (c) there is no existing material default or breach of any covenant or condition on the part of Mortgage Borrower or any other Person under any the Condominium Document; (d) except as set forth on Schedule 4.44(d), no other party to any of the Condominium Documents has any defense, set-off or counterclaim against Mortgage Borrower or Operating Lessee; and (e) there are no amendments of or modifications to any the Condominium Documents except as disclosed in writing to Lender.

Appears in 1 contract

Samples: Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)

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