Common use of Manager's Representations Clause in Contracts

Manager's Representations. Manager warrants and represents to Lender, as of the date hereof, that the following are true and correct: (a) That Manager has agreed to act as manager of the Property pursuant to that certain management agreement, between Borrower and Manager, which agreement is described on Exhibit A attached hereto and made a part hereof, and has not been amended, modified or supplemented except as set forth on said Exhibit A (the "Management Agreement"). (b) That the entire agreement between Manager and Borrower for the management of the Property is evidenced by the Management Agreement. (c) That the Management Agreement constitutes the valid and binding agreement of Manager, is enforceable in accordance with its terms, and Manager has full authority under all state or local laws and regulations, to perform all of its obligations under said Management Agreement. (d) That neither Borrower nor Manager is in default in the performance of any of its obligations under the Management Agreement. (e) That Manager has received and reviewed a copy of the Loan Agreement and the Cash Management Agreement.

Appears in 2 contracts

Sources: Loan Agreement (Westfield America Inc), Loan Agreement (Westfield America Inc)

Manager's Representations. Manager warrants and represents to Lender, as of the date hereof, that the following are true and correct: (a) That Manager has agreed to act as manager of the Property pursuant to that certain The management agreement, between Borrower and Manager, which agreement is described on Exhibit A attached hereto and made a part hereof, hereof and such management agreement has not been amended, modified or supplemented except (such management agreement, as set forth on said Exhibit A (so amended, modified or supplemented, the "Management Agreement"). (b) That the entire agreement between Manager and Borrower for the management of the Property is evidenced by the Management Agreement. (c) That the Management Agreement constitutes the valid and binding agreement of Manager, is enforceable in accordance with its terms, and Manager has full authority under all state or local laws and regulations, to perform all of its obligations under said Management Agreement. (d) That neither Borrower nor Manager is in default in the performance of any of its obligations under the Management Agreement. (e) That Manager has received and reviewed a copy of the Loan Agreement and the Cash Management Agreement.

Appears in 1 contract

Sources: Loan Agreement (Westfield America Inc)