Common use of Full and Accurate Disclosure Clause in Contracts

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 35 contracts

Samples: Loan Agreement (Medical Billing Assistance, Inc.), Building Loan Agreement (Acadia Realty Trust), Loan Agreement (Global Income Trust, Inc.)

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Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affectshas, nor as far as Borrower can foresee, might adversely affect, the Property reasonably be expected to have an Individual Material Adverse Effect or the business, operations or condition (financial or otherwise) of Borroweran Aggregate Material Adverse Effect.

Appears in 30 contracts

Samples: Loan Agreement (Harrahs Entertainment Inc), Ninth Mezzanine Loan Agreement (Harrahs Entertainment Inc), Second Mezzanine Loan Agreement (Harrahs Entertainment Inc)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents or in any other document or certificate delivered by or on behalf of Borrower contains any untrue statement of a material fact or omits to state any material fact fact, to Borrower’s knowledge, necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed which would reasonably be expected to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property have or the business, operations or condition (financial or otherwise) of Borrowerdoes have a Material Adverse Effect.

Appears in 20 contracts

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

Full and Accurate Disclosure. No To Borrower’s knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 20 contracts

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

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 11 contracts

Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Cole Credit Property Trust III, Inc.)

Full and Accurate Disclosure. No To the Best of Borrower’s Knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed which has a Material Adverse Effect, or to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) Best of Borrower’s Knowledge could reasonably be expected to have a Material Adverse Effect.

Appears in 10 contracts

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which information that has not been disclosed to Lender which adversely affects, nor as far as Borrower can reasonably foresee, might materially adversely affect, the Property or the business, operations or condition (financial or otherwise) of BorrowerBorrower or any Guarantor.

Appears in 8 contracts

Samples: Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.)

Full and Accurate Disclosure. No statement To the best of fact made by Borrower Borrower’s knowledge, no information contained in this Agreement or in any of Agreement, the other Loan Documents Documents, or any written statement furnished by or on behalf of Borrower pursuant to the terms of this Agreement contains any untrue statement of a material fact or omits to state any a material fact necessary to make the statements contained herein or therein not misleadingmisleading in light of the circumstances under which they were made. There is no material fact or circumstance presently known to Borrower which has not been disclosed to Lender and which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerwill have a Material Adverse Effect.

Appears in 8 contracts

Samples: Mezzanine B Loan Agreement (Telx Group, Inc.), Loan Agreement (Cedar Shopping Centers Inc), Mezzanine a Loan Agreement (Telx Group, Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, or might materially and adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 6 contracts

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

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respect. There is no material fact presently known to Borrower which has not been disclosed to Lender Administrative Agent which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerreasonably be expected to result in a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan Agreement (Vici Properties Inc.), Mezzanine B Loan Agreement (Vici Properties Inc.), Mezzanine C Loan Agreement (Vici Properties Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in light of the circumstances under which they were made. There is no material fact presently known to Borrower which has not been disclosed to Lender Agent which materially adversely affects, nor or as far as Borrower can foresee, might materially adversely affect, the any Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 5 contracts

Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)

Full and Accurate Disclosure. No To Borrower’s knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 5 contracts

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

Full and Accurate Disclosure. No statement of fact made by or on behalf of any Borrower Control Person in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to any Borrower which that has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerthat is likely to result in a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan Agreement (Plymouth Industrial REIT Inc.), Loan Agreement (GTJ REIT, Inc.), Loan Agreement (GTJ REIT, Inc.)

Full and Accurate Disclosure. No To Borrower’s knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can reasonably foresee, might would reasonably be expected to materially adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 4 contracts

Samples: Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.)

Full and Accurate Disclosure. No To Borrower’s Actual Knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no misleading in any material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerrespect.

Appears in 4 contracts

Samples: Mezzanine a Loan Agreement (Archstone Smith Operating Trust), Mezzanine B Loan Agreement (Archstone Smith Operating Trust), Mezzanine B Loan Agreement (Archstone Smith Operating Trust)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in light of the circumstances in which such statements were made. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerwould be reasonably likely to result in a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan Agreement (W. P. Carey Inc.), Mezzanine Loan Agreement (W. P. Carey Inc.), Loan Agreement (Net Lease Office Properties)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed which could reasonably be expected to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerhave a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Security Agreement (Digital Realty Trust, Inc.), Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan and Security Agreement (Reckson Associates Realty Corp)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, or might materially and adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 4 contracts

Samples: Loan Agreement (reAlpha Tech Corp.), Loan Agreement (Republic Property Trust), Loan Agreement (Meristar Hospitality Operating Partnership Lp)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement the Loan Documents or in any of the other Loan Documents document or certificate delivered to Lender by Borrower contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially adversely affects, nor as far as Borrower can foresee, might materially adversely affect, the Property or affect the business, operations or condition (financial or otherwise) of Borrower.

Appears in 4 contracts

Samples: Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Hallwood Realty Partners L P), Loan Agreement (Burnham Pacific Properties Inc)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There To the best knowledge of Borrower, there is no material fact presently known to Borrower which that has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerthat is reasonably likely to result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Digital Realty Trust, Inc.)

Full and Accurate Disclosure. No To Borrower’s actual knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 3 contracts

Samples: Loan Agreement (Strategic Storage Trust II, Inc.), Loan Agreement (Strategic Storage Trust, Inc.), Loan Agreement (Strategic Storage Trust IV, Inc.)

Full and Accurate Disclosure. No To Borrower’s knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower such party can reasonably foresee, might adversely affect, the Property or Collateral the business, operations or condition (financial or otherwise) of Borrower.

Appears in 3 contracts

Samples: Management Agreement (ESH Hospitality LLC), Management Agreement (ESH Hospitality LLC), Management Agreement (ESH Hospitality LLC)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There To the best knowledge of Borrower, there is no material fact presently known to Borrower which that has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of BorrowerAgent that is likely to result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan Agreement (Gramercy Capital Corp), Loan Agreement (American Financial Realty Trust), Loan Agreement (Terremark Worldwide Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can reasonably foresee, might would be reasonably likely to materially and adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 3 contracts

Samples: Loan Agreement (MGM Growth Properties Operating Partnership LP), Loan Agreement (VICI Properties L.P.), Loan Agreement (Hilton Worldwide Holdings Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, or might materially and adversely affect, the Collateral, any Individual Property or the business, operations or condition (financial or otherwise) of Borrower or Mortgage Borrower.

Appears in 3 contracts

Samples: Mezzanine Loan Agreement (CNL Healthcare Trust, Inc.), Loan Agreement (Meristar Hospitality Operating Partnership Lp), Loan Agreement (Meristar Hospitality Corp)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, might adversely affect, affects the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 3 contracts

Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents Documents, or any certificate or financial statement furnished by Borrower to Agent contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 3 contracts

Samples: Credit Agreement (G Reit Inc), Credit Agreement (G Reit Inc), Credit Agreement (G Reit Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not materially misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 3 contracts

Samples: Fixed Rate Loan Agreement (First Union Real Estate Equity & Mortgage Investments), Rate Loan Agreement (First Union Real Estate Equity & Mortgage Investments), Fixed Rate Loan Agreement (Wellsford Real Properties Inc)

Full and Accurate Disclosure. No To Borrower’s Knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, affects the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 3 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any material untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowercould reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp)

Full and Accurate Disclosure. No To the Best of Borrower’s Knowledge, no statement of fact made by Borrower in this Agreement or and, no statement of fact made by any other Transaction Party in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed which has a Material Adverse Effect, or to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) Best of Borrower’s Knowledge, could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 3 contracts

Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)

Full and Accurate Disclosure. No statement of fact made by such Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to such Borrower which has not been disclosed to Lender which adversely affects, nor as far as such Borrower can foresee, might adversely affect, the Property Properties or any part thereof or the business, operations or condition (financial or otherwise) of either Borrower.

Appears in 3 contracts

Samples: Pledge and Security Agreement (MPG Office Trust, Inc.), Pledge and Security Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to any Borrower which has not been disclosed to Lender which materially adversely affects, nor as far as any Borrower can foresee, might materially adversely affect, the Property or affect the business, operations or condition (financial or otherwise) of any Borrower.

Appears in 3 contracts

Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might could reasonably be expected to adversely affect, the Property or the business, operations or condition (financial or otherwise) of BorrowerBorrower or Guarantor.

Appears in 2 contracts

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

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There To the best knowledge of Borrower, there is no material fact presently known to Borrower which has not been disclosed to Lender Agent which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borroweris likely to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (Asset Investors Corp), Loan Agreement (First Union Real Estate Equity & Mortgage Investments)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, might materially and adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Koger Equity Inc), Loan Agreement (Koger Equity Inc)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents or in any other document or certificate delivered by or on behalf of Borrower contains any untrue statement of a material fact or omits to state any material fact fact, to Borrower's knowledge, necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed which would reasonably be expected to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property have or the business, operations or condition (financial or otherwise) of Borrowerdoes have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (MVP REIT II, Inc.), Loan Agreement (MVP REIT, Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, Borrower, the Collateral, Mortgage Borrower, Principal, Guarantor, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might could reasonably expected to adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the any Property or the business, operations or condition (financial or otherwise) of BorrowerBorrower or Guarantor.

Appears in 2 contracts

Samples: Loan Agreement (Global Medical REIT Inc.), Loan Agreement (Global Medical REIT Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of BorrowerBorrower or Guarantor.

Appears in 2 contracts

Samples: Loan Agreement (Terra Tech Corp.), Loan Agreement (Terra Tech Corp.)

Full and Accurate Disclosure. No To the best of Borrower’s knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affectshas a Material Adverse Effect, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borroweris reasonably likely to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (Piedmont Office Realty Trust, Inc.), Management Agreement (Piedmont Office Realty Trust, Inc.)

Full and Accurate Disclosure. No statement of fact made by or, to Borrower’s Knowledge, on behalf of Borrower in this Agreement or in any of the other Loan Documents or in any other document or certificate delivered by or on behalf of Borrower contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There To Borrower’s Knowledge, there is no material fact presently known to Borrower which has not been disclosed which would reasonably be expected to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property have or the business, operations or condition (financial or otherwise) of Borrowerdoes have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (Griffin Capital Essential Asset REIT, Inc.), Loan Agreement (Griffin Capital Essential Asset REIT II, Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed any material adverse change in any condition, fact, circumstance or event that would make any financial statements, rent rolls, reports, certificates and other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material adverse respect or could otherwise reasonably be expected to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerhave a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (Prime Group Realty Trust), Mezzanine Loan Agreement (Prime Group Realty Trust)

Full and Accurate Disclosure. No To Borrower’s knowledge no statement of material fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmaterially misleading as of the date made which in any such case could reasonably be expected to have a Material Adverse Effect. There is no material fact presently known to Borrower which has not been disclosed which could reasonably be expected to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerhave a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Toys R Us Inc), Loan and Security Agreement (Toys R Us Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of BorrowerBorrower or Guarantor.

Appears in 2 contracts

Samples: Loan Agreement (Washington Prime Group, L.P.), Loan Agreement (Clipper Realty Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, might or would be reasonably anticipated to materially and adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Cole Credit Property Trust II Inc), Loan Agreement (Spirit Realty Capital, Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not accurate, complete and correct in all material respects and not materially misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerwould result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Property Management Agreement (Sunstone Hotel Investors, Inc.), Property Management Agreement (Sunstone Hotel Investors, Inc.)

Full and Accurate Disclosure. No statement of fact made by any Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respect. There is no material fact presently known to any Borrower which has not been disclosed to Lender Administrative Agent which adversely affects, nor as far as Borrower can foresee, might adversely affect, the would have a Material Adverse Effect or could reasonably be expected to cause a Material Property or the business, operations or condition (financial or otherwise) of BorrowerEvent.

Appears in 2 contracts

Samples: Term Loan Agreement (FelCor Lodging Trust Inc), Credit Agreement (FelCor Lodging Trust Inc)

Full and Accurate Disclosure. No To the best of Borrower's knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially adversely affects, nor as far as Borrower can foresee, might materially adversely affect, the Property Properties or the business, operations or condition (financial or otherwise) of any Individual Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)

Full and Accurate Disclosure. No statement of fact made by any Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to any Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, or might reasonably be expected to adversely affect, any of the Property Properties or the business, operations or condition (financial or otherwise) of any Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Lodgian Inc), Loan Agreement (Servico Market Center Inc)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There To the best knowledge of Borrower, there is no material fact presently known to Borrower which that has not been disclosed to Lender which adversely affectsAgent that is likely to result in a Material Adverse Effect, nor as far as Borrower can foresee, might adversely affectincluding without limitation, the Property or terms and conditions of the business, operations or condition (financial or otherwise) of Borrowerpurchase and sale agreement pursuant to which Borrower acquired the Mortgaged Property.

Appears in 2 contracts

Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, or might reasonably be expected to adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Servico Market Center Inc), Loan Agreement (Servico Market Center Inc)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There To the Actual Knowledge of Borrower, there is no material fact presently known to Borrower which has not been disclosed to Lender the Agent which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borroweris likely to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (Ocwen Asset Investment Corp), Loan Agreement (Ocwen Asset Investment Corp)

Full and Accurate Disclosure. No statement of fact made by any Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respect. There is no material fact presently known to any Borrower which has not been disclosed to Lender Administrative Agent which adversely affectswould have or could reasonably be expected to cause a Material Adverse Effect or, nor solely as far as Borrower can foreseeof the Restatement Date and the Extension Effective Date, might adversely affect, the a Material Property or the business, operations or condition (financial or otherwise) of BorrowerEvent.

Appears in 2 contracts

Samples: Revolving Credit Agreement (FelCor Lodging LP), Lease Agreement (FelCor Lodging Trust Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affectshas, nor as far as Borrower can foresee, might adversely affectreasonably be expected to have, the Property or the business, operations or condition (financial or otherwise) of Borrowera Material Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower To Borrower’s actual knowledge, no information contained in this Agreement or in any of Agreement, the other Loan Documents Documents, or any written statement furnished by or on behalf of Borrower pursuant to the terms of this Agreement contains any untrue statement of a material fact or omits to state any a material fact necessary to make the statements contained herein or therein not misleading. There is no material fact presently known to Borrower misleading in light of the circumstances under which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerthey were made.

Appears in 2 contracts

Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)

Full and Accurate Disclosure. No To Borrower's knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Inland Real Estate Corp), Loan Agreement (Inland Real Estate Corp)

Full and Accurate Disclosure. No statement of fact made by any Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respect. There is no material fact presently known to any Borrower which has not been disclosed to Lender Administrative Agent which adversely affectswould have or could reasonably be expected to cause a Material Adverse Effect or, nor solely as far as Borrower can foreseeof the Closing Date and the Extension Effective Date, might adversely affect, the a Material Property or the business, operations or condition (financial or otherwise) of BorrowerEvent.

Appears in 1 contract

Samples: Revolving Credit Agreement (FelCor Lodging Trust Inc)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which that has not been disclosed to Lender which that adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property (or any portion thereof) or the business, operations or condition (financial or otherwise) of BorrowerBorrower or Guarantor.

Appears in 1 contract

Samples: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust V, Inc.)

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Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially adversely affects, nor as far as Borrower can foresee, might materially adversely affect, the Property or affect the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents Document contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to any Borrower which that has not been disclosed to Lender which materially adversely affects, nor or, as far as any Borrower can foresee, might materially adversely affect, the Collateral Property or the business, operations or condition (financial or otherwise) of any Borrower.

Appears in 1 contract

Samples: Loan Agreement (Westfield America Inc)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents or in any other document or certificate delivered by or on behalf of Borrower contains any untrue statement of a material fact or omits to state any material fact fact, to Borrower’s knowledge, necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

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

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially adversely affects, nor as far as Borrower can foresee, might materially adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

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

Full and Accurate Disclosure. No To Borrower's knowledge no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might materially adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Prime Group Realty Trust)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact relating to either Borrower or either Property presently known to either Borrower which has not been disclosed to Lender which adversely affects, nor as far as either Borrower can reasonably foresee, might adversely affect, affect such Borrower's ability to satisfy its obligations under the Property or the business, operations or condition (financial or otherwise) of BorrowerLoan Documents.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents Document contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to any Borrower which that has not been disclosed to Lender which adversely affects, nor or, as far as any Borrower can foresee, might adversely affect, the Collateral Property or the business, operations or condition (financial or otherwise) of any Borrower.

Appears in 1 contract

Samples: Loan Agreement (Westfield America Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein accurate, complete and correct in all material respects and not materially misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerwould result in a Material Adverse Effect.

Appears in 1 contract

Samples: Property Management Agreement (Sunstone Hotel Investors, Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respect. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property has or the business, operations or condition (financial or otherwise) of Borrowercould reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

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

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower or Operating Lessee in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower or Operating Lessee which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borroweris reasonably likely to result in a Material Adverse Effect with respect to such party.

Appears in 1 contract

Samples: Loan Agreement (New York REIT, Inc.)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower or Equity Owner in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower or Equity Owner which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borroweris reasonably likely to result in a Material Adverse Effect with respect to such party.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (New York REIT, Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement Promissory Note or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Promissory Note (FX Real Estate & Entertainment Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not materially misleading. There is no material fact presently known to Borrower and related to the Loan, the Property, Borrower, Manager, Guarantor or any Affiliate of any such Person which has not been disclosed which could reasonably be expected to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerhave a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Alexanders Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower Borrowers in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.not

Appears in 1 contract

Samples: Loan Agreement (Generation Income Properties, Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower or Operating Lessee in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affectshas, nor as far as Borrower can reasonably foresee, might adversely affectwould be reasonably likely to have, the Property or the business, operations or condition (financial or otherwise) of Borrowera Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Park Hotels & Resorts Inc.)

Full and Accurate Disclosure. No statement of fact made by Individual Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Individual Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, might or could reasonably be anticipated to materially and adversely affect, the Property or the business, operations or condition (financial or otherwise) of Individual Borrower.

Appears in 1 contract

Samples: Loan Agreement (Cb Richard Ellis Realty Trust)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially adversely affects, nor as far as Borrower can foresee, might materially adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Loan Agreement (American Real Estate Investment Corp)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can reasonably foresee, might would be reasonably likely to materially and adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotels & Resorts, Inc)

Full and Accurate Disclosure. No statement of fact made by ---------------------------- Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to any Borrower which that has not been disclosed to Lender which adversely affects, nor or, as far as any Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of any Borrower.

Appears in 1 contract

Samples: Management Agreement (Westfield America Inc)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borroweris reasonably likely to result in a Material Adverse Effect.

Appears in 1 contract

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

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or and Borrower has no knowledge that any such statement omits to state any material fact necessary to make the statements contained herein or therein not misleading. There is no material fact or circumstance presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borroweris reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Lazydays Holdings, Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement Security Instrument or in any of the other Loan Documents or the Unsecured Indemnity Agreement contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, affects the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Management Agreement (Taubman Centers Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of BorrowerBorrower in any material respect.

Appears in 1 contract

Samples: Loan Agreement (Pennsylvania Real Estate Investment Trust)

Full and Accurate Disclosure. No statement of fact made by Owner or Borrower in this Agreement or in any of the other Loan Documents Document contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Owner or Borrower which that has not been disclosed to Lender which adversely affects, nor or, as far as Owner or Borrower can foresee, might adversely affect, the Collateral Property or the business, operations or condition (financial or otherwise) of Owner or Borrower.

Appears in 1 contract

Samples: Loan Agreement (Westfield America Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower ---------------------------- in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially adversely affects, nor as far as Borrower can foresee, might or could reasonably be expected to materially adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower, or Guarantor or Indemnitor.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not materially misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can reasonably foresee, might could be reasonably expected to materially and adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Loan Agreement (BlueLinx Holdings Inc.)

Full and Accurate Disclosure. No To Borrower’s knowledge, no statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrowerforesee would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Pebblebrook Hotel Trust)

Full and Accurate Disclosure. No To Borrower’s knowledge, no statement of fact made by Borrower or Guarantor in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respect. There To Borrower’s knowledge, there is no material fact presently known to Borrower which has not been disclosed related to Lender which adversely affectsBorrower, nor as far as Borrower can foresee, might adversely affect, Guarantor or the Property or the business, operations or condition (financial or otherwise) of Borrowerwhich is reasonably expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Operating Lessee Collateral, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Soho House & Co Inc.)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Forum Group Inc)

Full and Accurate Disclosure. No statement of fact made by or on behalf of Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not materially misleading. There is no material fact presently known to Borrower which information that has not been disclosed to Lender which adversely affects, nor as far as Borrower can reasonably foresee, might materially adversely affect, the any Property or the business, operations or condition (financial or otherwise) of Borrower, any Manager or Guarantor.

Appears in 1 contract

Samples: Loan Agreement (Assisted 4 Living, Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not materially misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, would be reasonably expected to have a material adverse effect on the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Reading International Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower or Guarantor in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of BorrowerBorrower or Guarantor.

Appears in 1 contract

Samples: Business Loan Agreement (NV5 Holdings, Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which that has not been disclosed to Lender which that adversely affects, nor or as far as Borrower can foresee, might adversely affect, the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Eagle Hospitality Properties Trust, Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, affect the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Cousins Properties Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, any of the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Grove Property Trust)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleadingmisleading in any material respects. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially and adversely affects, nor as far as Borrower can foresee, might or would reasonably be expected to materially and adversely affect, the any Individual Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Loan Agreement (FelCor Lodging Trust Inc)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which materially adversely affects, nor as far as Borrower can foresee, might adversely affect, affects the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Hudson Pacific Properties, Inc.)

Full and Accurate Disclosure. No statement of fact made by Borrower in this Agreement or in any of the other Loan Documents contains any untrue statement of a material fact or or, to Borrower’s Knowledge, omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no material fact presently known to Borrower which has not been disclosed to Lender which adversely affects, nor as far as Borrower can foresee, might adversely affect, affects the Property or the business, operations or condition (financial or otherwise) of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

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