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

No Change in Facts or Circumstances; Disclosure. All information submitted by Operating Tenant to Borrower and delivered by Borrower to Lender and in all other financial statements, rent rolls, reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, accurate, complete and correct in all material respects. To Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value of the Properties or the business operations or the financial condition of Borrower. Borrower has disclosed to Lender all material facts known to Borrower and has not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by Operating Tenant to Borrower and delivered by Borrower or its agents to Lender and in all other financial statements, rent rolls, reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, are accurate, complete and correct in all material respects. To Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might or, to the best of Borrower's knowledge, could reasonably be expected to materially and adversely affect the use, operation or value of the Properties Property or the business operations or the financial condition of Borrower. To the best of Borrower's knowledge, Borrower has disclosed to Lender all material facts known to Borrower and has not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by Operating Tenant to Borrower and delivered by Borrower or its agents to Lender and in all other financial statements, rent rolls, reports, certificates and other documents submitted therewith by or on behalf of Borrower in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, are accurate, complete and correct in all material respects. To Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value of the Properties Property or the business operations or the financial condition of Borrower. To Borrower’s knowledge, Borrower has disclosed to Lender all material facts known for which Borrower has actual knowledge relating to Borrower, Borrower Principal and the Property and has not failed to disclose any material fact known relating to Borrower, Borrower Principal and the Property that could cause any information described in this Section 4.1.32 or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by Operating Tenant to (or on behalf of) Borrower, Mortgage Borrower and delivered by Borrower or Guarantor to Lender and in all other financial statements, rent rolls, reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower, Mortgage Borrower and/or Guarantor in this Agreement or in any the other Loan DocumentDocuments, are, to Borrower’s knowledge, are accurate, complete and correct in all material respects. To Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value of the Properties have an Individual Material Adverse Effect on any Individual Property or the business operations Collateral or the financial condition of Borroweran Aggregate Material Adverse Effect. Borrower has disclosed or made available to Lender all material facts known related to Borrower the Borrower, Mortgage Borrower, Guarantor, the Collateral and the Properties and has not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by Operating Tenant to Borrower and delivered by Borrower to Lender and in all other financial statements, rent rolls, reports, certificates and other documents submitted therewith by or on behalf of Borrower (excluding those prepared or furnished by any prior owner of the Property) in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, are accurate, complete and correct in all material respects. To Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value of the Properties Property or the business operations or the financial condition of Borrower. To Borrower's knowledge, Borrower has disclosed to Lender all material facts known to Borrower and has not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All To Borrower’s actual knowledge, all material information submitted by Operating Tenant to Borrower and delivered by Borrower to Lender and in all other financial statements, rent rolls, reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, are accurate, complete and correct in all material respects. To Borrower’s actual knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects impairs the use or might materially and adversely affect the use, operation or value of the Properties Property or the business operations or the financial condition of Borrower. Borrower has disclosed to Lender all material facts known to Borrower and has not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 Provided Information or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All Except as qualified by the PR Property Representation Condition and except as affected by the Prior Hurricane Damage, all information submitted by Operating Tenant to Borrower and delivered by Borrower (or on behalf of) Borrower, Pledgor, Additional Obligor or Sponsor to Lender and in all other financial statements, rent rolls, reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower and Additional Obligor in this Agreement or in any the other Loan DocumentDocuments, are, to Borrower’s knowledge, were accurate, complete and correct in all material respectsrespects as of the date provided. To Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially have a Material Adverse Effect. Each of Additional Obligor and adversely affects or might materially and adversely affect the use, operation or value of the Properties or the business operations or the financial condition of Borrower. Borrower has disclosed to Lender all material facts known to Borrower and has not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. (a) All information submitted by Operating Tenant to Borrower and delivered by Borrower to Lender and in all other financial statements, rent rolls, reports, certificates and other documents submitted therewith in connection with the Loan by or on behalf of Borrower or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, are accurate, complete and correct in all material respects. To Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value of the Properties or the business operations or the financial condition of Borrower which would result in the impairment of Borrower’s ability to comply with Borrower’s obligations under this Agreement and the other Loan Documents. Borrower has disclosed to Lender all material facts known to Borrower and has not failed to disclose any material fact known to Borrower that could cause any Provided Information or information described in this Section 4.1.32 4.1.33(a) or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by Operating Tenant to Borrower and delivered by on behalf of Borrower to Lender and in all other financial statements, rent rollsrolls (including the rent roll attached hereto as Schedule I), reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s 's actual knowledge, accurate, complete and correct in all material respects. To Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value of the Properties Property or the business operations or the financial condition of Borrower. Borrower has disclosed to Lender all material facts known to Borrower and has not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 Provided Information or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All To the best of Borrower’s knowledge following due inquiry and investigation, (a) all information submitted by Operating Tenant to Borrower and delivered by on behalf of Borrower to Lender and in all other financial statements, rent rolls, reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, accurateare true, complete and correct in all material respects. To Borrower’s knowledge, (b) there has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise materially misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value of the Properties Property or the business operations or the financial condition of Borrower. Borrower and (c) Borrower has disclosed to Lender all material facts known to Borrower and has not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 Provided Information or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All To Borrower’s Knowledge, all information submitted by Operating Tenant to Borrower and delivered by Borrower to Lender and in including, but not limited to, all other financial statements, rent rolls, reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, are accurate, complete and correct in all material respects. To Borrower’s knowledgeKnowledge, there has been no material adverse change Material Adverse Change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might could reasonably be expected to materially and adversely affect the use, operation or value of the Properties Property or the business operations or and/or the financial condition of BorrowerBorrower or Guarantor. Borrower has and Guarantor have disclosed to Lender all material facts known to Borrower and has have not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 Provided Information or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by Operating Tenant to Borrower and delivered by Borrower to Lender by Borrower, the Tenant under the Xxxxxxxx Lease or their respective agents and in all other financial statements, rent rolls, reports, certificates and other documents submitted therewith by or on behalf of Borrower or Borrower Principal in connection with the Loan or in satisfaction of the terms thereof or otherwise and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, are accurate, complete and correct in all material respects. To Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value of the Properties Property or the business operations or the financial condition of BorrowerBorrower or the Tenant under the Xxxxxxxx Lease. Borrower has disclosed to Lender all material facts known to Borrower (after due inquiry) and has not failed to disclose any material fact known to by Borrower (after due inquiry) that could cause any information described in this Section 4.1.32 or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by Operating Tenant to Borrower and delivered by on behalf of Borrower to Lender and in all other financial statements, rent rollsrolls (including the Rent Roll attached hereto as Schedule I), reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, accurateare true, complete and correct in all material respectsrespects as of the date of submission. To Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value of the Properties Property or the business operations or the financial condition of Borrower or Mortgage Borrower. Borrower has disclosed to Lender all material facts known to Borrower and has not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 Provided Information or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by or on behalf of Borrower or Operating Tenant to Borrower and delivered by Borrower Lessee to Lender and in all other financial statements, rent rollsrolls (including the rent roll attached hereto as Schedule IV), reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower or Operating Lessee in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, accurateare true, complete and correct in all material respects. To Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially is reasonably expected to have a Material Adverse Effect. Borrower, Operating Lessee and adversely affects or might materially and adversely affect the use, operation or value of the Properties or the business operations or the financial condition of Borrower. Borrower has Guarantor have disclosed to Lender all material facts known with respect to Borrower Borrower, Operating Lessee, Guarantor or the Property and has not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 Provided Information or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by Operating Tenant to Borrower and delivered by on behalf of Borrower to Lender and in all other financial statements, rent rollsrolls (including the rent roll attached hereto as Schedule I), reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, accurateare true, complete and correct in all material respects, except to the extent otherwise qualified in the applicable Loan Document. To Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value of the Properties or the business operations or the financial condition of BorrowerBorrower (taken as a whole). Borrower has disclosed to Lender all material facts known to Borrower and has not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 Provided Information or any representation or warranty made herein to be materially misleadingmisleading in light of the circumstances under which they were made.

No Change in Facts or Circumstances; Disclosure. All information ----------------------------------------------- submitted by Operating Tenant to Borrower and delivered by Borrower to Lender and in all other financial statements, rent rolls, reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, are accurate, complete and correct in all material respectsrespects to the best of Borrower's knowledge. 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 any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value any of the Properties or the business operations or the financial condition of Borrower. To the best of Borrower's knowledge, Borrower has disclosed to Lender all material facts known to Borrower and has not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by Operating Tenant to Borrower and delivered by on behalf of Borrower to Lender and in all other financial statements, rent rollsrolls (including the rent roll attached hereto as Schedule I), reports, certificates and other documents submitted therewith by or on behalf of Borrower to Lender in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan DocumentDocument are, arein each case, to Borrower’s knowledgeKnowledge, accuratetrue, complete and correct in all material respects. To Borrower’s knowledgeKnowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the usewould be reasonably expected to result in a Material Adverse Effect. To Borrower’s Knowledge, operation or value of the Properties or the business operations or the financial condition of Borrower. Borrower has disclosed to Lender all material facts known to Borrower and has not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 Provided Information or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by Operating Tenant to Borrower and delivered by Borrower to Lender and in including, but not limited to, all other financial statements, rent rolls, reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, are accurate, complete and correct in all material respectsrespects and no such statement of fact omits any material fact necessary to make statements contained herein or therein not misleading. To Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value of the Properties Property or the business operations or and/or the financial condition of BorrowerBorrower or Guarantor. Borrower has and Guarantor have disclosed to Lender all material facts known to Borrower and has have not failed to disclose any material fact known to Borrower that could reasonably be expected to (i) cause any information described in this Section 4.1.32 Provided Information or any representation or warranty made herein to be materially misleading, or (ii) materially adversely affect the Property or the business, operations or condition (financial or otherwise) of Borrower or Guarantor.

No Change in Facts or Circumstances; Disclosure. All information submitted by Operating Tenant to Borrower and delivered by on behalf of Borrower to Lender and in all other financial statements, rent rollsrolls (including the Rent Rolls attached hereto as Schedule V), reports, certificates and other documents submitted therewith by or on behalf of Borrower in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, accurateare true, complete and correct in all material respectsrespects when made. To Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might is likely to materially and adversely affect the use, operation or value of the Properties any Individual Property or the business operations or the financial condition of Borrower. Borrower has disclosed to Lender all material facts known to Borrower and has not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 Provided Information or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by Operating Tenant to Borrower and delivered by on behalf of Borrower to Lender and in all other financial statements, rent rollsrolls (including the rent roll attached hereto as Schedule I), reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, accuratetrue, complete and correct in all material respects. To Borrower’s knowledge, there has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value of the Properties Property or the business operations or the financial condition of Borrower. Borrower has disclosed to Lender all material facts actually known to Borrower and has not failed to disclose any material fact actually known to Borrower that could cause any information described in this Section 4.1.32 Provided Information or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by Operating Tenant to Borrower and delivered by on behalf of Borrower to Lender and in all other financial statements, rent rolls, reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower, Leasehold Pledgor, Mortgage Borrower and Operating Company in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, accurateare true, complete and correct in all material respects. To Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would is reasonably likely to make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might is reasonably likely to materially and adversely affect the use, operation or value of the Properties Property or the business operations or the financial condition of Borrower, Leasehold Pledgor, Mortgage Borrower or Operating Company. Borrower has disclosed to Lender all material facts known to Borrower and has not failed to disclose any material fact known that is reasonably likely to Borrower that could cause any information described in this Section 4.1.32 Provided Information or any representation or warranty made herein to be materially misleading.

No Change in Facts or Circumstances; Disclosure. All information submitted by Operating Tenant to Borrower and delivered by Borrower or on behalf of Borrower, Principal and/or Guarantor to Lender and in all other financial statements, rent rolls, reports, certificates and other documents submitted therewith in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower Borrower, Principal and/or Guarantor in this Agreement or in any other Loan Document, are, to Borrower’s knowledge, accurateare true, complete and correct in all material respects. To Borrower’s knowledge, there There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and or adversely affects or might is reasonably likely to materially and or adversely affect the use, operation or value of the Properties Property or the business operations or the financial condition of Borrower, Principal and/or Guarantor. Borrower has Borrower, Principal and/or Guarantor have disclosed to Lender all material facts known to Borrower and has have not failed to disclose any material fact known to Borrower that could cause any information described in this Section 4.1.32 Provided Information or any representation or warranty made herein to be materially misleading.