Common use of Property Document Representations Clause in Contracts

Property Document Representations. With respect to each Property Document, Borrower hereby represents that (a) except as set forth on Schedule XXVIII hereof, each Property Document is in full force and effect and has not been amended, restated, replaced or otherwise modified (except, in each case, as expressly set forth herein or shown in the Title Insurance Policy (including all “back-up documents” thereof) or otherwise disclosed to Lender), (b) there are no defaults under any Property Document by Mortgage Borrower or, to Borrower’s knowledge, by any other party thereto and, to Borrower’s knowledge, no event has occurred which, but for the passage of time, the giving of notice, or both, would constitute a default under any Property Document, (c) all rents, additional rents and other sums due and payable under the Property Documents have been paid in full, (d) no party to any Property Document has commenced any action or given or received any notice for the purpose of terminating any Property Document and (e) the representations made in any estoppel or similar document delivered with respect to any Property Document in connection with the Loan are true, complete and correct in all material respects and are hereby incorporated by reference as if fully set forth herein.

Property Document Representations. With respect to each Property Document, Borrower hereby represents that (a) except as set forth on Schedule XXVIII hereof, each Property Document is in full force and effect and has not been amended, restated, replaced or otherwise modified (except, in each case, as expressly set forth herein or shown in the Title Insurance Policy (including all “back-up documents” thereof) or otherwise disclosed to Lender), (b) there are no defaults under any Property Document by Mortgage Borrower or, to Borrower’s knowledge, by any other party thereto and, to Borrower’s knowledge, no event has occurred which, but for the passage of time, the giving of notice, or both, would constitute a default under any Property Document, (c) all rents, additional rents and other sums due and payable under the Property Documents have been paid in full, (d) no party to any Property Document has commenced any action or given or received any notice for the purpose of terminating any Property Document and (e) the representations made in any estoppel or similar document delivered with respect to any Property Document in connection with the Loan are true, complete and correct in all material respects and are hereby incorporated by reference as if fully set forth herein.

Property Document Representations. With respect to each Property Document, Borrower hereby represents that that, except as disclosed in the applicable Title Insurance Policy or any estoppel or similar document delivered with respect to any Property Document in connection with the Loan, (a) except as set forth on Schedule XXVIII hereof, each Property Document is in full force and effect and has not been amended, restated, replaced or otherwise modified (except, in each case, as expressly set forth herein or shown in the Title Insurance Policy (including all “back-up documents” thereof) or otherwise disclosed to Lenderherein), (b) to Borrower’s actual knowledge, there are no defaults under any Property Document by Mortgage Borrower or, to Borrower’s knowledge, by any other party thereto and, to BorrowerBxxxxxxx’s actual knowledge, no event has occurred which, but for the passage of time, the giving of notice, or both, would constitute a default under any Property Document, (c) all rents, additional rents and other sums due and payable under the Property Documents have been paid in full, full and (d) to Borrower’s actual knowledge, no party to any Property Document has commenced any action or given or received any notice for the purpose of terminating any Property Document and (e) the representations made in any estoppel or similar document delivered with Document. With respect to any Property Document in connection with the Loan construction or expansion of parking at an Individual Property (“Parking Expansion Project”) or Lease amendment in connection therewith, in each case, executed on or prior to the date hereof, the outstanding costs estimated by Borrower in good faith to be paid in connection with each Parking Expansion Project are true, complete and correct in all material respects and are hereby incorporated by reference as if fully set forth hereinin Schedule X attached hereto (“Parking Expansion Costs”).