Common use of Absence of UCC Financing Statements, Etc Clause in Contracts

Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on the lien search reports delivered to and approved by the Agent, there is no financing statement (excluding any financing statements that may be filed against the Borrower or any Guarantors or their respective Subsidiaries without the consent or agreement of such Persons), security agreement, chattel mortgage, real estate mortgage, other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the Borrower or any Guarantor or their respective Subsidiaries or rights thereunder.

Appears in 6 contracts

Samples: Credit Agreement (QTS Realty Trust, Inc.), Term Loan Agreement (QualityTech, LP), Credit Agreement (QTS Realty Trust, Inc.)

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Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on the lien search reports delivered to and approved by the Agent, to the best of the Borrowers’ knowledge, there is no financing statement (but excluding any financing statements that may be filed against the any Borrower or any Guarantors or their respective Subsidiaries without the consent or agreement of such Persons), security agreement, chattel mortgage, real estate mortgage, mortgage or other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the any Borrower or any Guarantor or their respective Subsidiaries or rights thereunder.

Appears in 5 contracts

Samples: Credit Agreement (CoreSite Realty Corp), Credit Agreement (CoreSite Realty Corp), Credit Agreement (CoreSite Realty Corp)

Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on the lien search reports delivered to and approved by the Agent, there is no financing statement (but excluding any financing statements that may be filed against the Borrower or any Guarantors or their respective Subsidiaries Subsidiary Guarantor without the consent or agreement of such Persons), security agreement, chattel mortgage, real estate mortgage, mortgage or other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the Borrower or any Guarantor or their respective Subsidiaries or rights thereunderCollateral.

Appears in 5 contracts

Samples: Credit Agreement (Plymouth Industrial REIT Inc.), Credit Agreement (Plymouth Industrial REIT Inc.), Credit Agreement (Plymouth Industrial REIT Inc.)

Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on the lien search reports delivered to and approved by the Agent, there is no financing statement (but excluding any financing statements that may be filed against the any Borrower or any Guarantors or their respective Subsidiaries Subsidiary Credit Party without the consent or agreement of such Persons), security agreement, chattel mortgage, real estate mortgage, mortgage or other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the Borrower or any Guarantor or their respective Subsidiaries or rights thereunderCollateral.

Appears in 4 contracts

Samples: Credit Agreement (Bluerock Residential Growth REIT, Inc.), Credit Agreement (Bluerock Residential Growth REIT, Inc.), Credit Agreement (City Office REIT, Inc.)

Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on the lien search reports delivered to and approved by the Agent, there is no financing statement (but excluding any financing statements that may be filed against the Borrower or Borrower, any Guarantors Guarantor or their respective Subsidiaries without the consent or agreement of such Persons), security agreement, chattel mortgage, real estate mortgage, mortgage or other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the Borrower or Borrower, any Guarantor or their respective Subsidiaries or rights thereunder.

Appears in 4 contracts

Samples: Assignment and Acceptance Agreement (Republic Property Trust), Master Credit Agreement (JDN Realty Corp), Master Credit Agreement (JDN Realty Corp)

Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on the lien search reports delivered to and approved by the Agent, there is no financing statement (but excluding any financing statements that may be filed against the Borrower Borrower-SPE, EPR or any Guarantors or their respective its Subsidiaries without the consent or agreement of such Persons), security agreement, chattel mortgage, real estate mortgage, deed of trust or other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the Borrower or any Guarantor or their respective Subsidiaries or rights thereunderBorrower.

Appears in 3 contracts

Samples: Master Credit Agreement (Entertainment Properties Trust), Master Credit Agreement (Entertainment Properties Trust), Master Credit Agreement (Entertainment Properties Trust)

Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on the lien search reports delivered to and approved by the Agent, to the knowledge of Borrower, there is no financing statement (but excluding any financing statements that may be filed against the Borrower or any Guarantors or their respective Borrower Subsidiaries without the consent or agreement of such Persons), security agreement, chattel mortgage, real estate mortgage, mortgage or other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the Borrower or any Guarantor or their respective Subsidiaries or rights thereunderCollateral.

Appears in 2 contracts

Samples: Credit Agreement (Independence Realty Trust, Inc), Credit Agreement (Independence Realty Trust, Inc)

Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on Liens, to the lien search reports delivered to best of Borrower’s knowledge and approved by the Agent, belief there is no financing statement (but excluding any financing statements that may be filed against the Borrower or Borrower, any of the Guarantors or their respective Subsidiaries without the consent or agreement of such Persons), security agreement, chattel mortgage, real estate mortgage, mortgage or other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the Borrower or Borrower, any Guarantor of the Guarantors or their respective Subsidiaries or rights thereunder.

Appears in 2 contracts

Samples: Term Loan Agreement (Mid-America Apartments, L.P.), Term Loan Agreement (Mid-America Apartments, L.P.)

Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on the lien search reports delivered to and approved by the Agent, there is no financing statement (but excluding any financing statements that may be filed against the Borrower or any Guarantors or their respective Subsidiaries Subsidiary Guarantor without the consent or agreement of such Persons), security agreement, chattel mortgage, real estate mortgage, mortgage or other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the Borrower or any Guarantor or their respective Subsidiaries or rights thereunderCollateral.

Appears in 2 contracts

Samples: Credit Agreement (Wheeler Real Estate Investment Trust, Inc.), Credit Agreement (Wheeler Real Estate Investment Trust, Inc.)

Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on the lien search reports delivered to and approved by the Agent, there is no financing statement (but excluding any financing statements that may be filed against the Borrower or any Guarantors or their respective Subsidiaries Guarantor without the consent or agreement of such Persons), security agreement, chattel mortgage, real estate mortgage, mortgage or other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the Borrower or any Guarantor or their respective Subsidiaries or rights thereunderCollateral.

Appears in 1 contract

Samples: Term Loan Agreement (Moody National REIT II, Inc.)

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Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on the lien search reports delivered to and approved by the Agent, there is no financing statement (excluding any financing statements that may be filed against the Borrower or any Borrower, Guarantors or their respective Subsidiaries without the consent or agreement of such Persons), security agreement, chattel mortgage, real estate mortgage, other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the Borrower or any Borrower, any Guarantor or their respective Subsidiaries or rights thereunder.

Appears in 1 contract

Samples: Joinder Agreement (QTS Realty Trust, Inc.)

Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on the lien search reports delivered to and approved by the Agent, there is no financing statement (excluding any financing statements that may be filed against the Borrower or any Guarantors or their respective Subsidiaries without the consent or agreement of such Persons), security agreement, chattel mortgage, real estate mortgage, other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the Borrower or any Guarantor or their respective Subsidiaries or rights thereunder. §6.14 [Intentionally Omitted.]

Appears in 1 contract

Samples: Credit Agreement (QTS Realty Trust, Inc.)

Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on the lien search reports delivered to and approved by the Agent, there is no financing statement (but excluding any financing statements that may be filed against the Borrower any Loan Party or any Guarantors or their respective Subsidiaries REIT-Qualified Subsidiary without the consent or agreement of such PersonsPerson), security agreement, chattel mortgage, real estate mortgage, mortgage or other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the Borrower or any Guarantor or their respective Subsidiaries or rights thereunderCollateral.

Appears in 1 contract

Samples: Credit Agreement (Industrial Property Trust Inc.)

Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on the lien search reports delivered to and approved by the Agent, there is no financing statement (but excluding any financing statements that may be filed against the Borrower or any Guarantors or their respective Subsidiaries the Pledgor without the consent or agreement of such Persons), security agreement, chattel mortgage, real estate mortgage, mortgage or other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the Borrower or any Guarantor or their respective Subsidiaries or rights thereunderCollateral.

Appears in 1 contract

Samples: Credit Agreement (City Office REIT, Inc.)

Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on the lien search reports delivered to and approved by the Agent, there is no financing statement (but excluding any financing statements that may be filed against the any Borrower or any Guarantors or their respective Subsidiaries without the consent or agreement of such Persons), security agreement, chattel mortgage, real estate mortgage, mortgage or other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the any Borrower or any Guarantor or their respective Subsidiaries or rights thereunder.

Appears in 1 contract

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

Absence of UCC Financing Statements, Etc. Except with respect to Permitted Liens or as disclosed on the lien search reports delivered to and approved by the Agent, there is no financing statement (but excluding any financing statements that may be filed against the Borrower Borrower-SPE, EPR or any Guarantors or their respective its Subsidiaries without the consent or agreement of such Persons), security agreement, chattel mortgage, real estate mortgage, deed of trust or other document or other Lien filed or recorded with any applicable filing records, registry, or other public office, that purports to cover, affect or give notice of any present or possible future lien on, or security interest or security title in, any property of the Borrower or any Guarantor or their respective Subsidiaries or rights thereunderBorrower-SPE.

Appears in 1 contract

Samples: Master Credit Agreement (Entertainment Properties Trust)

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