Common use of Liabilities; Litigation Clause in Contracts

Liabilities; Litigation. (a) The financial statements delivered by Borrowers, each Guarantor and, Master Tenants are true and correct with no significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting any Project, any Borrower, Guarantor or any Master Tenant. Except as disclosed in such financial statements or on Schedule 5.6, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of any Borrower, threatened, against any Project, any Borrower, Guarantor or any Master Tenant which if adversely determined could have a material adverse effect on such party, any Project or the Loan. (b) Neither any Borrower nor Guarantor nor any Master Tenant is contemplating either the filing of a petition by it under state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its assets or property, and neither any Borrower nor Guarantor nor any Master Tenant has knowledge of any Person contemplating the filing of any such petition against it.

Liabilities; Litigation. (a) The financial statements delivered by Borrowers, Borrowers and each Guarantor and, Master Tenants Loan Party are true and correct with no significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting any Project, any Borrower, Guarantor Borrower or any Master TenantLoan Party. Except as disclosed in such financial statements or on Schedule 5.6statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of any Borrower, threatened, against any Project, any Borrower, Guarantor Borrower or any Master Tenant Loan Party, which if adversely determined could have a material adverse effect on such party, any Project or the Loan. (b) Neither any Borrower nor Guarantor any Loan Party, nor any Master Tenant Tenant, nor any Property Manager is contemplating either the filing of a petition by it under state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its assets or property, and neither any Borrower nor Guarantor any Loan Party nor any Master Tenant or Property Manager has knowledge of any Person contemplating the filing of any such petition against it.

Liabilities; Litigation. (a) The financial statements delivered by Borrowers, each Guarantor and, Master Tenants are true and correct with no significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting any Project, any Borrower, Guarantor or any Master Tenant. Except as disclosed in such financial statements or on Schedule 5.6, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of any Borrower, threatened, against any Project, any Borrower, Guarantor or any Master Tenant which if adversely determined could have a material adverse effect on such party, any Project or the LoanLoans. (b) Neither any Borrower nor Guarantor No Borrower, Guarantor, nor any Master Tenant is contemplating either the filing of a petition by it under state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its assets or property, and neither any Borrower nor no Borrower, Guarantor nor any Master Tenant has knowledge of any Person contemplating the filing of any such petition against it.

Liabilities; Litigation. (a) The To Borrower's knowledge, the financial statements delivered by Borrowers, Borrower and each Guarantor and, Master Tenants Borrower Party are true and correct in all material respects with no significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting any the Project, any Borrower, Guarantor Borrower or any Master TenantBorrower Party. Except as disclosed in such financial statements or on Schedule 5.6otherwise disclosed in writing to Lender, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of any Borrower, threatened, against any the Project, any Borrower, Guarantor Borrower or any Master Tenant Borrower Party which if adversely determined could have a material adverse effect on such party, any the Project or the Loan. (b) Neither Borrower nor any Borrower nor Guarantor nor any Master Tenant Party is contemplating either the filing of a petition by it under state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its assets or property, and neither Borrower nor any Borrower nor Guarantor nor any Master Tenant Party has knowledge of any Person contemplating the filing of any such petition against it.