Common use of Opinions of Borrower’s Counsel Clause in Contracts

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 16 contracts

Samples: Third Mezzanine Loan Agreement (Harrahs Entertainment Inc), Eighth Mezzanine Loan Agreement (Harrahs Entertainment Inc), Sixth Mezzanine Loan Agreement (Harrahs Entertainment Inc)

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Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s counsel (and if applicable, Borrower’s local counsel) (a) with respect to non-consolidation issues (an “Insolvency Opinion”) and the (b) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 8 contracts

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

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s 's counsel (i) with respect to non-consolidation consolidation, true sale or true contribution, and the fraudulent transfer issues, and (ii) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s 's counsel in their reasonable discretion.

Appears in 6 contracts

Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Equity Inns Inc), Loan Agreement (Uniprop Manufactured Housing Communities Income Fund)

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s counsel and Borrower’s local counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 5 contracts

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

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable sole discretion.

Appears in 4 contracts

Samples: Loan Agreement (BlueLinx Holdings Inc.), Loan Agreement (Highland Hospitality Corp), Loan Agreement (Eagle Hospitality Properties Trust, Inc.)

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s counsel (a) with respect to non-consolidation and the issues, (b) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion and (c) with respect to the priority and perfection of Lender’s security interest in the Collateral and Collateral, all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable sole discretion.

Appears in 4 contracts

Samples: Letter Agreement (Ashford Hospitality Trust Inc), Management Agreement (Ashford Hospitality Trust Inc), Letter Agreement (Ashford Hospitality Trust Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s counsel (a) with respect to non-consolidation issues and the (b) with respect to due execution, authority, authority and enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable sole discretion.

Appears in 4 contracts

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

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinionsincluding, an opinion with respect to without limitation, the priority and perfection of the Collateral and Insolvency Opinion, all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable sole discretion.

Appears in 4 contracts

Samples: Building Loan Agreement (Acadia Realty Trust), Building Loan Agreement (Acadia Realty Trust), Building Loan Agreement (Acadia Realty Trust)

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s counsel (a) with respect to non-consolidation issues and the (b) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable sole discretion.

Appears in 4 contracts

Samples: Loan Agreement (RFS Partnership Lp), Loan Agreement (Sothebys), Loan Agreement (CNL Income Properties Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel (a) the Insolvency Opinion, (b) an opinion with respect to non-consolidation priority and perfection of the Collateral and (c) an opinion as to the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 3 contracts

Samples: Mezzanine B Loan Agreement (Wyndham International Inc), Mezzanine C Loan Agreement (Wyndham International Inc), Mezzanine a Loan Agreement (Wyndham International Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s 's counsel (i) with respect to non-consolidation consolidation, true sale or true contribution, and the fraudulent transfer issues and (ii) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable discretion's counsel.

Appears in 3 contracts

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

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s counsel (a) with respect to non-consolidation issues, and the (b) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable sole discretion.

Appears in 3 contracts

Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s Borrowers’ counsel with respect to non-consolidation and the due execution, authority, and enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

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)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-non consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their sole but reasonable discretion.

Appears in 3 contracts

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

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s counsel (and if applicable, Borrower’s local counsel) with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 3 contracts

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

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and the due execution, authority, authority and enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 2 contracts

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

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 2 contracts

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

Opinions of Borrower’s Counsel. Lender shall have received opinions one or more opinions, as appropriate, from Borrower’s counsel (a) with respect to non-consolidation consolidation, (b) with respect to perfection of the Collateral and (c) the due execution, authority, authority and enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Cole Credit Property Trust III, Inc.), Mezzanine Loan Agreement (Cole Credit Property Trust Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-True Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 2 contracts

Samples: First Mezzanine Loan Agreement (Harrahs Entertainment Inc), First Mezzanine Loan Agreement (Harrahs Entertainment Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-True Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 2 contracts

Samples: Loan Agreement (Harrahs Entertainment Inc), Loan Agreement (Harrahs Entertainment Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s 's counsel (i) with respect to non-consolidation non- consolidation, and the (ii) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable discretion's counsel.

Appears in 2 contracts

Samples: Loan Agreement (Lasalle Hotel Properties), Loan Agreement (Lasalle Hotel Properties)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel (a) the Insolvency Opinion, and (b) with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable sole discretion.

Appears in 2 contracts

Samples: Loan Agreement (Acadia Realty Trust), Loan Agreement (Acadia Realty Trust)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel (a) with respect to non-consolidation as set forth in the Insolvency Opinion, (b) with respect to perfection of the Collateral and (c) with respect to the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 2 contracts

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

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s Borrowers’ counsel with respect to (a) non-consolidation as set forth in the Insolvency Opinion, (b) perfection of the Collateral, and (c) the due execution, authority, and enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 2 contracts

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

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s of Borrowers' counsel (i) with respect to non-consolidation consolidation, true sale or true contribution, and the fraudulent transfer issues, and (ii) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s 's counsel in their reasonable discretion.

Appears in 2 contracts

Samples: Loan Agreement (Prime Retail Lp), Loan Agreement (Prime Retail Lp)

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s 's counsel (a) with respect to non-consolidation issues, and the (b) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s 's counsel in their reasonable discretion.

Appears in 2 contracts

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

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 2 contracts

Samples: Loan Agreement (Lowell Farms Inc.), Loan Agreement

Opinions of Borrower’s Counsel. Lender shall have received opinions one or more opinions, as appropriate, from Borrower’s Borrowers’ counsel with respect to non-consolidation and the due execution, authority, authority and enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 2 contracts

Samples: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable sole discretion.

Appears in 2 contracts

Samples: Loan Agreement (Cousins Properties Inc), Loan Agreement (Capitalsource Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s of Borrowers' counsel (i) with respect to non-consolidation consolidation, true sale or true contribution, and the fraudulent transfer issues, and (ii) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s 's counsel in their reasonable sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Grove Property Trust)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel (a) a Nonconsolidation Opinion and (b) an opinion with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable discretion's counsel.

Appears in 1 contract

Samples: Loan Agreement (Prime Group Realty Trust)

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s 's counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s 's counsel in their reasonable sole discretion.

Appears in 1 contract

Samples: Loan Agreement (FSP 50 South Tenth Street Corp)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 1 contract

Samples: Loan Agreement (Sabre Corp)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and consolidation, the due execution, authority, enforceability of the Loan Documents Documents, priority and perfection of the security interest in the Collateral, and such other matters as Lender may require, including True-Lease Opinionsincluding, an opinion with respect to without limitation, the priority and perfection of the Collateral and opinions required under Section 2.2.7(e) hereof, all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (CNL Income Properties Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory the form of the opinions delivered to Lender and Lender’s counsel in their reasonable discretionon the Closing Date.

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their sole reasonable discretion.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel (a) with respect to non-consolidation perfection of the Collateral and the (c) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable sole discretion.

Appears in 1 contract

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

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Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s and IDOT Guarantor’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable discretioncounsel.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s counsel and Borrower’s local counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents Documents, non-consolidation issues (an “Insolvency Opinion”) and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 1 contract

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

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s 's counsel with respect to non-consolidation and the due execution, authority, authority and enforceability of the Loan Documents and such other matters as Lender may requireDocuments, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their its reasonable discretion.

Appears in 1 contract

Samples: Loan Agreement (First Potomac Realty Trust)

Opinions of Borrower’s Counsel. Lender shall have received legal opinions from of Borrower’s 's counsel (i) with respect to the non-consolidation of Borrower in the event of an insolvency proceeding being brought against, or the bankruptcy of certain beneficial owners of Borrower including Sponsor and the (ii) with respect to due execution, delivery, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s 's counsel in their reasonable sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Entertainment Properties Trust)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel (a) the Insolvency Opinion, (b) with respect to non-consolidation perfection of the Collateral, and the (c) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable sole discretion.

Appears in 1 contract

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

Opinions of Borrower’s Counsel. Lender shall have received ------------------------------ opinions from of Borrower’s 's counsel, which counsel shall be reasonably acceptable to Lender with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents Documents, usury and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance customary for rated transactions and satisfactory to Lender and Lender’s 's counsel in their reasonable discretion.

Appears in 1 contract

Samples: Loan Agreement (Prentiss Properties Trust/Md)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel (a) with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinionsand (b) an Insolvency Opinion, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 1 contract

Samples: Loan Agreement (Cole Credit Property Trust II Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, require (including True-Lease Opinions, an opinion without limitation opinions with respect to the priority and perfection bankruptcy-remoteness of the Collateral and a single member Delaware limited liability company), all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s counsel with respect to (a) non-consolidation issues (“Insolvency Opinion”) and the (b) due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 1 contract

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

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s 's counsel (a) with respect to non-consolidation consolidation, true sale or true contribution, and the fraudulent transfer issues, and (b) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s 's counsel in their reasonable sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Pennsylvania Real Estate Investment Trust)

Opinions of Borrower’s Counsel. Lender shall have received the Insolvency Opinion and such other opinions from of Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Taubman Centers Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel (a) with respect to non-consolidation as set forth in the Insolvency Opinion, (b) with respect to priority and perfection of the Collateral and (c) with respect to the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s counsel addressed to Lender and the Rating Agencies, (i) with respect to non-consolidation consolidation, and the (ii) with respect to due execution, delivery, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Thomas Properties Group Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s counsel (a) with respect to non-consolidation issues, and the (b) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable discretioncounsel.

Appears in 1 contract

Samples: Loan Agreement (Koger Equity Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s 's counsel (a) with respect to non-consolidation issues, and the (b) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable discretion's counsel.

Appears in 1 contract

Samples: Loan Agreement (Koger Equity Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s counsel with respect to non-consolidation and the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 1 contract

Samples: Term Loan Agreement (Developers Diversified Realty Corp)

Opinions of Borrower’s Counsel. Lender shall have received opinions one or more opinions, as appropriate, from Borrower’s counsel with respect to non-consolidation non‑consolidation and the due execution, authority, authority and enforceability of the Loan Documents and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 1 contract

Samples: Loan Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel (a) the Insolvency Opinion, (b) with respect to non-consolidation perfection of the Collateral and the (c) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable sole discretion.

Appears in 1 contract

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

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s of counsel to the Borrower Parties with respect to non-consolidation and the due execution, authority, enforceability (including no usury) of the Loan Documents Documents, choice of law, and such other matters as Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall to be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretioncounsel.

Appears in 1 contract

Samples: Loan Agreement (Dupont Fabros Technology, Inc.)

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s counsel (and if applicable, Borrower’s local counsel) (a) with respect to non-consolidation nonconsolidation issues (an “Insolvency Opinion”), and the (b) with respect to due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance reasonably satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 1 contract

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

Opinions of Borrower’s Counsel. Lender shall have received opinions from of Borrower’s 's counsel (both Borrower's general counsel and local counsel, as applicable) (i) with respect to non-consolidation consolidation, and the fraudulent transfer issues, and (ii) with respect to due execution, authority, enforceability of the Loan Documents and such those other matters as that Lender may require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender Under and Lender’s 's counsel in their reasonable sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Malan Realty Investors Inc)

Opinions of Borrower’s Counsel. Lender shall have received opinions from Borrower’s counsel (a) the Insolvency Opinion, (b) an opinion with respect to non-consolidation priority and perfection of the Collateral and (c) an opinion as to the due execution, authority, enforceability of the Loan Documents and such other matters as Lender may reasonably require, including True-Lease Opinions, an opinion with respect to the priority and perfection of the Collateral and all such opinions shall be in form, scope and substance satisfactory to Lender and Lender’s counsel in their reasonable discretion.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Wyndham International Inc)

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