Common use of No Change in Facts or Circumstances; Disclosure Clause in Contracts

No Change in Facts or Circumstances; Disclosure. All information submitted by and on behalf of Borrower to Lender and in all financial statements, rent rolls (if any), reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are true, complete and correct in all material respects, provided, however, that if such information was provided to Borrower or on behalf of Borrower by non-affiliated third parties, Borrower represents that such information is, to the best of its knowledge after due inquiry, true, complete and correct in all material respects. There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would reasonably be expected to materially and adversely affect the use, operation or value of the Property or the business operations or the financial condition of Borrower. To the best of Borrower’s knowledge, Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by and on behalf of each Individual Borrower to Lender and in all financial statements, rent rolls (if anyincluding the Certified Rent Roll), reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower (or any Individual Borrower) in this Agreement or in any other Loan Document, are true, complete and correct in all material respects, provided, however, that if such information was provided to Borrower or on behalf of an Individual Borrower by non-affiliated third parties, such Individual Borrower represents that such information is, to the best of its knowledge after due inquiry, true, complete and correct in all material respects. There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would reasonably be expected to might materially and adversely affect the use, operation or value of the any Individual Property or the business operations or the financial condition of the applicable Individual Borrower. To the best of Borrower’s knowledge, Each Individual Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by and on behalf of Borrower or Master Tenant to Lender and in all financial statements, rent rolls (if anyincluding the rent roll attached hereto as Schedule I), reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are true, complete and correct in all material respects, provided, however, that if such information was provided to Borrower or on behalf of Borrower Master Tenant by non-affiliated third parties, Borrower represents that such information is, to the best of its knowledge after due inquiry, true, complete and correct in all material respects. There To Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would could reasonably be expected to materially and adversely affect the use, operation or value of the Property or the business operations or the financial condition of BorrowerBorrower or Master Tenant. To the best of Borrower’s knowledge, Borrower has disclosed to Lender all material facts known to it and has not failed to disclose any material fact known to it that could cause any Provided Information or representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by and on behalf of Borrower to Lender and in all financial statements, rent rolls (if anyincluding the Certified Rent Roll), reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are true, complete and correct in all material respects, provided, however, that if such information was provided to Borrower or on behalf of Borrower by non-affiliated third parties, Borrower represents that such information is, to the best of its knowledge after due inquiry, true, complete and correct in all material respects. There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would reasonably be expected to might materially and adversely affect the use, operation or value of the Property or the business operations or the financial condition of Borrower. To the best of Borrower’s knowledge, Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All To Borrower’s actual knowledge, all information prepared by Borrower, an affiliate of Borrower, or an agent, officer or employee thereof and submitted by and on behalf of Borrower to Lender and in all financial statements, rent rolls (if anyincluding the rent roll attached hereto as Schedule I), reports, certificates and other documents prepared by Borrower, an affiliate of Borrower, or an agent, officer or employee thereof and submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are true, complete and correct in all material respects. To Borrower’s actual knowledge, provided, however, that if such information was provided to Borrower or on behalf of Borrower by non-affiliated third parties, Borrower represents that such information is, to the best of its knowledge after due inquiry, true, complete and correct in all material respects. There there has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would reasonably be expected to might materially and adversely affect the use, operation or value of the Property or the business operations or the financial condition of Borrower. To the best of Borrower’s actual knowledge, Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All To Borrower’s knowledge, all information submitted by and on behalf of Borrower to Lender and in all financial statements, rent rolls (if anyincluding the rent roll attached hereto as Schedule I), reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are true, complete and correct in all material respects. The foregoing representation shall not apply to any such financial information that constitutes projections, provided, however, provided that if such information was provided to Borrower or on behalf of Borrower by non-affiliated third parties, Borrower represents and warrants that it has no reason to believe that such information is, to the best of its knowledge after due inquiry, true, complete and correct in all material respectsprojections are materially inaccurate. There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would reasonably be expected to might materially and adversely affect the use, operation or value of the Property or the business operations or the financial condition of Borrower, Mezzanine A Borrower, Mortgage Borrower or Operating Lessee. To the best of Borrower’s knowledge, Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All To Borrower’s knowledge, all information submitted by and on behalf of Borrower to Lender and in all financial statements, rent rolls (if anyincluding the rent roll attached hereto as Schedule I), reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are true, complete and correct in all material respects. The foregoing representation shall not apply to any such financial information that constitutes projections, provided, however, provided that if such information was provided to Borrower or on behalf of Borrower by non-affiliated third parties, Borrower represents and warrants that it has no reason to believe that such information is, to the best of its knowledge after due inquiry, true, complete and correct in all material respectsprojections are materially inaccurate. There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would reasonably be expected to might materially and adversely affect the use, operation or value of the Property or the business operations or the financial condition of Borrower, Mortgage Borrower or Operating Lessee. To the best of Borrower’s knowledge, Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by and on behalf of Borrower to Lender and in all financial statements, rent rolls (if any)rolls, reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are trueaccurate, complete and correct in all material respects, provided, however, that if such information was provided to Borrower or on behalf of Borrower by non-affiliated third partiesparties or predates the merger transaction pursuant to which Inland American Real Estate Trust, Inc. became the indirect owner of Borrower (or its predecessor-in-title to the Property), Borrower represents that such information is, to the best of its knowledge after due inquiry, trueaccurate, complete and correct in all material respects. There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would reasonably be expected to might materially and adversely affect the use, operation or value of the Property Properties or the business operations or the financial condition of Borrower. To the best of Borrower’s knowledge, Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All To Borrower’s actual knowledge, all information prepared by Borrower, an affiliate of Borrower, or an agent, officer or employee thereof and submitted by and on behalf of Borrower to Lender and in all financial statements, rent rolls (if anyincluding the rent rolls attached hereto as Schedule I), reports, certificates and other documents prepared by Borrower, an affiliate of Borrower, or an agent, officer or employee thereof and submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are true, complete and correct in all material respects. To Borrower’s actual knowledge, provided, however, that if such information was provided to Borrower or on behalf of Borrower by non-affiliated third parties, Borrower represents that such information is, to the best of its knowledge after due inquiry, true, complete and correct in all material respects. There there has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would reasonably be expected to might materially and adversely affect the use, operation or value of the Property or the business operations or the financial condition of Borrower. To the best of Borrower’s actual knowledge, Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by and on behalf of Borrower to Lender Financing Parties and in all financial statements, rent rolls (if any)rolls, reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof as modified by all disclosures, amendments and updates provided to Financing Parties and all statements of fact made by Borrower in this Agreement or in any other Loan Document, when taken as a whole and in light of the circumstances under which they were made are true, complete and correct in all material respects, provided, however, that if such information was provided to Borrower or on behalf of Borrower by non-affiliated third parties, Borrower represents that such information is, to the best of its knowledge after due inquiryBorrower’s knowledge, trueaccurate, complete and correct in all material respects. There has been no material adverse change presently known to Borrower in any condition, fact, circumstance or event that would make any such information when taken as a whole and in light of the circumstances under which they were made inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would be reasonably be expected likely to materially and adversely affect the use, operation or value of the Property Properties or the business operations or the financial condition of Borrower. To the best of Borrower’s knowledge, Borrower has disclosed to Lender Financing Parties all material facts presently known to Borrower and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be be, when taken as a whole in light of the circumstances under which they were made, materially misleading.

No Change in Facts or Circumstances; Disclosure. All To Borrower’s knowledge, all information submitted by and on behalf of Borrower to Lender and in all financial statements, rent rolls (if anyincluding the rent roll attached hereto as Schedule I), reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are true, complete and correct in all material respects. The foregoing representation shall not apply to any such financial information that constitutes projections, provided, however, provided that if such information was provided to Borrower or on behalf of Borrower by non-affiliated third parties, Borrower represents and warrants that it has no reason to believe that such information is, to the best of its knowledge after due inquiry, true, complete and correct in all material respectsprojections are materially inaccurate. There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would reasonably be expected to might materially and adversely affect the use, operation or value of the Property or the business operations or the financial condition of Borrower. To the best of Borrower’s knowledge, Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All To Borrower’s knowledge, all information submitted by and on behalf of Borrower to Lender and in all financial statements, rent rolls (if anyincluding the rent roll attached hereto as Schedule 4.1.26), reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are true, complete and correct in all material respects. The foregoing representation shall not apply to any such financial information that constitutes projections, provided, however, provided that if such information was provided to Borrower or on behalf of Borrower by non-affiliated third parties, Borrower represents and warrants that it has no reason to believe that such information is, to the best of its knowledge after due inquiry, true, complete and correct in all material respectsprojections are materially inaccurate. There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would be reasonably be expected likely to materially and adversely affect the use, operation or value of the Property Properties or the business operations or the financial condition of Borrower. To the best of Borrower’s knowledge, Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by and on behalf of Borrower to Lender and in all financial statements, rent rolls (if anyincluding the Certified Rent Roll), reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are true, complete and correct in all material respects, provided, however, that if such information was provided to Borrower or on behalf of Borrower by non-affiliated third parties, Borrower represents that such information is, to the best of its knowledge after due 90526285v7 inquiry, true, complete and correct in all material respects. There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would reasonably be expected to might materially and adversely affect the use, operation or value of the Property or the business operations or the financial condition of Borrower. To the best of Borrower’s knowledge, Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by and on behalf of Borrower to Lender and in all financial statements, rent rolls (if anyincluding the rent roll attached hereto as SCHEDULE II), reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are trueaccurate, complete and correct in all material respects, provided, however, that if such information was provided to Borrower or on behalf of Borrower by non-affiliated third parties, Borrower represents that such information is, to the best of its knowledge after due inquiryBorrower's Knowledge, trueaccurate, complete and correct in all material respects. There To Borrower's Knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would reasonably be expected to might materially and adversely affect the use, operation or value of the Property Properties or the business operations or the financial condition of Borrower. To the best of Borrower’s knowledge's Knowledge, Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by and on behalf of Borrower or Master Lessee to Lender and in all financial statements, rent rolls (if any), reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are true, complete and correct in all material respects; provided that, provided, however, that if such information was provided to Borrower or on behalf Master Lessee by a Person not an Affiliate of Borrower by non-affiliated third partiesor Master Lessee, Borrower represents that such information is, to the best of its knowledge after due inquiryBorrower’s knowledge, true, complete and correct in all material respects. There To Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would reasonably be expected to might materially and adversely affect the use, operation or value of the Property or the business operations or the financial condition of BorrowerBorrower or Master Lessee. To the best of Borrower’s knowledge, Borrower has disclosed to Lender all material facts known to it, and has not failed to disclose any material fact known to it, that could cause any Provided Information or representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by and on behalf of Borrower to Lender and in all financial statements, rent rolls (if anyincluding the certified rent rolls delivered to Lender in connection with the origination of the Loan), reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are trueaccurate, complete and correct in all material respects, provided, however, that if such information was provided to Borrower or on behalf of Borrower by non-affiliated third parties, Borrower represents that such information is, to the best of its knowledge after due inquiry, trueaccurate, complete and correct in all material respects. There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or would reasonably be expected to might materially and adversely affect the use, operation or value of the any Individual Property or the business operations or the financial condition of Borrower, Mortgage Borrower and/or Maryland Owner. To the best of Borrower’s knowledge, Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be materially misleading.