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

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower or the Property.

Appears in 11 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Ps Business Parks Inc/Ca), Loan Agreement (Chesapeake Lodging Trust)

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No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower or the Property.

Appears in 5 contracts

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

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s 's knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower or the Property.

Appears in 5 contracts

Samples: Loan Agreement (Glimcher Realty Trust), Loan Agreement (Corporate Property Associates 16 Global Inc), Loan Agreement (Cedar Shopping Centers Inc)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations has, or the financial condition of Borrower or the Propertyis reasonably likely to have, a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan Agreement (Industrial Logistics Properties Trust), Loan Agreement (Industrial Logistics Properties Trust), Loan Agreement (Black Creek Diversified Property Fund Inc.)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make the most recently delivered financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise (when taken as a whole) misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower Borrowers or the PropertyProjects.

Appears in 3 contracts

Samples: Loan Agreement (Healthcare Trust, Inc.), Loan Agreement (Healthcare Trust, Inc.), Loan Agreement (Healthcare Trust, Inc.)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan (taken as a whole) inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower or the Property.

Appears in 2 contracts

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Trizec Properties Inc)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledgeKnowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower or the PropertyProjects.

Appears in 2 contracts

Samples: Loan Agreement (Summit Healthcare REIT, Inc), Loan Agreement (Cornerstone Core Properties REIT, Inc.)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of any Individual Borrower or the any Individual Property.

Appears in 2 contracts

Samples: Loan Agreement (Host Marriott Corp/), Loan Agreement (Host Marriott L P)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s actual knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower or the Property.

Appears in 2 contracts

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

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower or the Propertymay cause a Material Adverse Effect.

Appears in 2 contracts

Samples: Management Agreement (Ashford Hospitality Prime, Inc.), Assignment and Assumption Agreement (Supertel Hospitality Inc)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower Borrower, TRS Entity or the Property.

Appears in 1 contract

Samples: Loan Agreement (Chesapeake Lodging Trust)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower Borrower, Mezzanine A Borrower, Mortgage Borrower, the Mezzanine A Collateral, the Collateral or the Property.

Appears in 1 contract

Samples: Mezzanine B Loan Agreement (Telx Group, Inc.)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledgeBorrowers’ Knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower Borrowers or the PropertyProjects.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital Healthcare Trust Inc)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledgeKnowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan and the Senior Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of either Borrower Party or the Property.

Appears in 1 contract

Samples: Senior Mezzanine Loan Agreement (Thomas Properties Group Inc)

No Change in Facts or Circumstances; Disclosure. To the best of each Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of such Borrower or the PropertyIndividual Property(ies) that it owns.

Appears in 1 contract

Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the most recent financial statements, rent rolls, reports, certificates or other documents provided by Underlying Borrower and submitted to Administrative Agent in connection with the Loan or the Underlying Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower or the Propertythat, when taken as a whole, would reasonably be expected to result in a Material Adverse Change.

Appears in 1 contract

Samples: Loan Agreement (Seven Hills Realty Trust)

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No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the application, financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan or the financial information or credit rating (if any) of any Borrower or any Guarantor inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower any Borrower, any Guarantor or the Property.

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotels & Resorts, Inc)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower or the Property.

Appears in 1 contract

Samples: Loan Agreement (Digital Realty Trust, Inc.)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledgeKnowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower or the PropertyProject.

Appears in 1 contract

Samples: Loan Agreement (NorthStar Healthcare Income, Inc.)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower or the Property.

Appears in 1 contract

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

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledgeKnowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of any Borrower or the PropertyProjects.

Appears in 1 contract

Samples: Loan Agreement (Cornerstone Core Properties REIT, Inc.)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s 's knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower or the any Individual Property.

Appears in 1 contract

Samples: Loan Agreement (Hilton Hotels Corp)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower or the PropertyIndividual Properties.

Appears in 1 contract

Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there has been no material adverse change Material Adverse Change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower Borrower, Mortgagor or the Property.. Page34

Appears in 1 contract

Samples: Loan Agreement

No Change in Facts or Circumstances; Disclosure. To the best of Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make the financial statements, rent rolls, reports, certificates or other documents submitted in connection with the Loan inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects the business operations or the financial condition of Borrower or the Individual Property.

Appears in 1 contract

Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)

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