Common use of Lessee's Deemed Representation for Each Funding Clause in Contracts

Lessee's Deemed Representation for Each Funding. Each Funding ----------------------------------------------- Request by the Lessee shall be deemed a reaffirmation of the Lessee's indemnity obligations in favor of the Indemnitees under the Operative Documents and a representation by the Lessee to the Lessor, the Agent and the Lenders that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price of the Land and development, transaction and closing costs in respect of the Leased Property (in the case of the Funding on the Closing Date) or amounts that the Lessee reasonably believes will be due in the 30 days following such Funding from the Lessee to third parties in respect of the Construction, or amounts paid by the Lessee to third parties in respect of the Construction for which the Lessee has not previously been reimbursed by a Funding (in the case of any Funding), (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations of the Lessee set forth in Section 4.1 are true and correct in all material respects as though made on ----------- and as of such Funding Date, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.

Lessee's Deemed Representation for Each Funding. Each Funding ----------------------------------------------- Request by a Lessee or the Lessee Construction Agent shall be deemed a reaffirmation of the each Lessee's indemnity obligations in favor of the Indemnitees under the Operative Documents and a representation by the Lessee and warranty to the Lessor, the Agent and the Lenders that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price or ground rent of the Land related Land, and developmentany Building thereon, transaction and closing costs Construction Costs in respect of the Leased Property (in the case of the initial Funding on the a Closing Date) or amounts that the Lessee reasonably believes will be are then due in the 30 days following such Funding from the Lessee to third parties in respect of the Construction, or amounts paid by the Lessee Construction Agent, as agent for the Lessor, to third parties in respect of which the Construction for which the Lessee Agent has not previously been reimbursed by a Funding (in the case of any Funding), (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations and warranties of the ADESA and each Lessee set forth in Section SECTION 4.1 are true and correct in all material respects as though made on ----------- and as of such Funding Date, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.

Lessee's Deemed Representation for Each Funding. Each Funding ----------------------------------------------- Request by a Lessee or the Lessee Construction Agent shall be deemed a reaffirmation of the Lessee's each Lessees indemnity obligations in favor of the Indemnitees under the Operative Documents and a representation and warranty by such Lessee or the Lessee Construction Agent, as the case may be, to the Lessor, the Agent Administrative Agent, the Synthetic Lease Loan Lenders and the B Lenders that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price of the Land related Land, and any Building thereon, and development, transaction and closing costs in respect of the Leased Property (in the case of the initial Funding on the a Closing Date) or amounts that the Lessee reasonably believes will be are then due in the 30 days following such Funding from the Lessee to third parties in respect of the Construction, or amounts paid by the Lessee Construction Agent to third parties in respect of the Construction for which the Lessee Construction Agent has not previously been reimbursed by a Funding (in the case of any Funding), or amounts for Construction costs incurred by the related Lessee not later than 120 days after the Completion Date for the related Leased Property, (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations and warranties of the Lessee each Obligor set forth in Section SECTION 4.1 are true and correct in all material respects as though made on ----------- and as of such Funding Date, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.

Lessee's Deemed Representation for Each Funding. Each Funding ----------------------------------------------- Request by the Lessee shall be deemed a reaffirmation of the Lessee's indemnity obligations in favor of the Indemnitees under the Operative Documents and a representation by the Lessee to the Lessor, the Agent Agent, and the Lenders that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price of the related Land and development, transaction and closing costs in respect of the Leased Property (in the case of the initial Funding on the a Closing Date) or amounts that the Lessee reasonably believes will be due in the 30 90 days following such Funding from the Lessee to third parties in respect of the Construction, or amounts paid by the Lessee to third parties in respect of the Construction for which the Lessee has not previously been reimbursed by a Funding (in the case of any Funding), (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations of the Lessee set forth in Section 4.1 are true and correct in all material respects as though made on ----------- and as of such Funding Date, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.

Lessee's Deemed Representation for Each Funding. Each Funding ----------------------------------------------- Request by a Lessee or the Lessee Construction Agent shall be deemed a reaffirmation of the each Lessee's indemnity obligations in favor of the Indemnitees under the Operative Documents and a representation by the Lessee and warranty to the Lessor, the Agent and the Lenders that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price of the Land related Land, and any Building thereon, and development, transaction and closing costs in respect of the Leased Property (in the case of the initial Funding on the a Closing Date) or amounts that the Lessee reasonably believes will be are then due in the 30 days following such Funding from the Lessee to third parties in respect of the Construction, or amounts paid by the Lessee Construction Agent, as agent for the Lessor, to third parties or incurred by the Construction Agent, as agent for the Lessor, as overhead expenses in respect of the Construction for which the Lessee Construction Agent has not previously been reimbursed by a Funding (in the case of any Funding), (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations and warranties of the Guarantor, DAP SUB and each other Lessee set forth in Section 4.1 are true and correct in all material respects as though made on ----------- and as of such Funding Date, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.

Lessee's Deemed Representation for Each Funding. Each Funding ----------------------------------------------- Request by a Lessee or the Lessee Construction Agent shall be deemed a reaffirmation of the each Lessee's indemnity obligations in favor of the Indemnitees under the Operative Documents and a representation by the Lessee and warranty to the Lessor, the Agent and the Lenders Funding Parties that on the proposed Closing Date or Funding Date, as the case may be, (i) the amount of Funding requested represents amounts owing in respect of the purchase price or ground rent of the Land related Land, and developmentany Building thereon, transaction and closing costs Construction Costs in respect of the Leased Property (in the case of the initial Funding on the a Closing Date) or amounts that the Lessee reasonably believes will be are then due in the 30 days following such Funding from the Lessee to third parties in respect of the Construction, or amounts paid by the Lessee Construction Agent, as agent for the Lessor, to third parties in respect of the Construction for which the Lessee Construction Agent has not previously been reimbursed by a Funding or the Estimated Completion Amount (in the case of any Funding other than an Alteration Funding), or, in the case of an Alteration Funding, amounts that are then due to third parties in respect of such Alterations or amounts paid by the related Lessee to third parties in respect of such Alterations for which such Lessee has not been previously reimbursed, (ii) no Event of Default or Potential Event of Default exists, and (iii) the representations and warranties of the Guarantor and each Lessee set forth in Section 4.1 are true and correct in all material respects as though made on ----------- and as of such Funding Date, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.