Representations by Banks. Neither Administrative Agent nor any Bank ------------------------ has made or makes to any other Bank any representation, and neither Administrative Agent nor any Bank assumes any responsibility, in respect to the execution, construction or enforcement of this Agreement or any other instrument or agreement executed by Borrower or by any other person or entity.
Representations by Banks. Each Bank hereby represents that it will ------------------------ make each Loan hereunder in the ordinary course of its business and not with a view to engage in any distribution of any evidence of indebtedness to the public and any participation or disposition of the Master Bid Rate Note shall not, without the consent of Borrower, require Borrower to file a registration statement with the Securities and Exchange Commission or apply to qualify any Master Bid Rate Note under the blue sky law of any state; provided, however, disposition of any evidence of indebtedness held by such Bank shall at all times be within its exclusive control subject only to the provisions of Section 11.11 and Section 10 of Exhibit C.
Representations by Banks. Each Bank hereby represents that it ------------------------ will make each Loan hereunder in the ordinary course of its business and not with a view to engage in any distribution of any evidence of indebtedness to the public; provided, however, disposition of any evidence of indebtedness held by -------- ------- such Bank shall at all times be within its exclusive control subject only to the provisions of Section 11.11 hereof and Section 10 of Exhibit B.
Representations by Banks. 37 SECTION 11 MISCELLANEOUS PROVISIONS
Representations by Banks. 70 14.17 Miscellaneous................................................. 70 -viii- TABLE OF EXHIBITS AND SCHEDULES ------------------------------- EXHIBIT DESCRIPTION ------- ----------- A Form of Notice of Borrowing B Form of Assignment and Acceptance C Form of Syndicated Term Note D Form of Syndicated Term Loan Guaranty E Form of Certificate of Chief Financial Officer F Form of Interest Rate Election SCHEDULE DESCRIPTION -------- ----------- 1 Initial Permitted Mortgage Debt 2 Commitments and Commitment Shares
Representations by Banks. 49 SECTION 11............................................................................... 49
Representations by Banks. Each Bank hereby represents that it is a commercial Bank or financial institution that makes loans in the ordinary course of its business; provided, however, that, subject to Section 14.04, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.
Representations by Banks. Each Bank represents that, as of the date of this Agreement, it is a Qualifying Bank.
Representations by Banks. 71 14.17 MISCELLANEOUS.............................. 71
Representations by Banks. Each of Banks hereby represents that ------------------------ (a) it is a commercial lender or financial institution which makes commercial loans in the ordinary course of its business and that it will make its Loans or Swing Loans, as the case may be, for its own account in the ordinary course of such business; provided that, subject to Section 14.03, the disposition of the -------- Note or Notes held by it shall at all times be within its exclusive control, and (b) no part of the funds to be used by it to fund the Loans constitutes or will constitute (i) assets allocated to any separate account maintained by it in which any employee benefit plan (or its related trust) has any interest nor (ii) any other assets of any employee benefit plan.
