Common use of No Fraudulent Intent Clause in Contracts

No Fraudulent Intent. Neither the execution and delivery of this Agreement or any of the other Loan Documents nor the performance of any actions required hereunder or thereunder is being undertaken by the Borrower, any Guarantor or any of their respective Subsidiaries with or as a result of any actual intent by any of such Persons to hinder, delay or defraud any entity to which any of such Persons is now or will hereafter become indebted. Transaction in Best Interests of the Borrower and Guarantors; Consideration . The transaction evidenced by this Agreement and the other Loan Documents is in the best interests of the Borrower, each Guarantor and their respective Subsidiaries. The Borrower and the Guarantors are engaged in common business enterprises related to those of the Borrower and each Guarantor will derive substantial direct and indirect benefit from the effectiveness and existence of this Agreement. The direct and indirect benefits to inure to the Borrower, each Guarantor and their respective Subsidiaries pursuant to this Agreement and the other Loan Documents constitute substantially more than “reasonably equivalent value” (as such term is used in Section 548 of the Bankruptcy Code) and “valuable consideration,” “fair value,” and “fair consideration” (as such terms are used in any applicable state fraudulent conveyance law), in exchange for the benefits to be provided by the Borrower, the Guarantors and their respective Subsidiaries pursuant to this Agreement and the other Loan Documents, and but for the willingness of each Guarantor to guaranty the Loan, the Borrower would be unable to obtain the financing contemplated hereunder which financing will enable the Borrower, each Guarantor and their respective Subsidiaries to have available financing to conduct and expand their business.

No Fraudulent Intent. Neither the execution and delivery of this Agreement or any of the other Loan Documents nor the performance of any actions required hereunder or thereunder is being undertaken by the Borrower, any Guarantor Borrowers or any of their respective Subsidiaries other Loan Party with or as a result of any actual intent by any of such Persons to hinder, delay or defraud any entity to which any of such Persons is now or will hereafter become indebted. (bb) Transaction in Best Interests of the Borrower and GuarantorsBorrowers; Consideration Consideration. The transaction evidenced by this Agreement and the other Loan Documents is in the best interests of the Borrower, each Guarantor and their respective Subsidiaries. The Borrower Borrowers and the Guarantors are engaged in common business enterprises related to those other Loan Parties and the creditors of the Borrower and each Guarantor will derive substantial direct and indirect benefit from the effectiveness and existence of this Agreementsuch Persons. The direct and indirect benefits to inure to the Borrower, each Guarantor Borrowers and their respective Subsidiaries the other Loan Parties pursuant to this Agreement and the other Loan Documents constitute substantially more than “"reasonably equivalent value” " (as such term is used in Section section 548 of the Bankruptcy Code) and “"valuable consideration,” “" "fair value,” " and “"fair consideration” " (as such terms are used in any applicable state fraudulent conveyance law), in exchange for the benefits to be provided by the Borrower, Borrowers and the Guarantors and their respective Subsidiaries other Loan Parties pursuant to this Agreement and the other Loan Documents, and but for the willingness of the Borrowers to be co-borrowers and of each Guarantor to guaranty the LoanObligations, the Borrower Borrowers would be unable to obtain the financing contemplated hereunder which financing will enable the Borrower, each Guarantor Borrowers and their respective Subsidiaries the other Loan Parties to have available financing to conduct and expand their business.. The Borrowers and the other Loan Parties constitute a single integrated financial enterprise and each receives a benefit from the availability of credit under this Agreement to the Borrowers. (cc)

No Fraudulent Intent. Neither the execution and delivery of this Agreement or any of the other Loan Documents nor the performance of any actions required hereunder or thereunder is being undertaken by the Borrower, any Guarantor Loan Party or any of their respective Subsidiaries REIT-Qualified Subsidiary with or as a result of any actual intent by any of such Persons to hinder, delay or defraud any entity to which any of such Persons is now or will hereafter become indebted. §6.29 Transaction in Best Interests of the Borrower and GuarantorsLoan Parties; Consideration Consideration. The transaction evidenced by this Agreement and the other Loan Documents is in the best interests of the Borrower, each Guarantor Loan Party and their respective Subsidiaries. The Borrower and the Guarantors are engaged in common business enterprises related to those of the Borrower and each Guarantor will derive substantial direct and indirect benefit from the effectiveness and existence of this AgreementREIT-Qualified Subsidiary. The direct and indirect benefits to inure to the Borrower, Loan Parties and each Guarantor and their respective Subsidiaries REIT-Qualified Subsidiary pursuant to this Agreement and the other Loan Documents constitute substantially more than “reasonably equivalent value” (as such term is used in Section §548 of the Bankruptcy Code) and “valuable consideration,” “fair value,” and “fair consideration,” (as such terms are used in any applicable state fraudulent conveyance law), in exchange for the benefits to be provided by the Borrower, the Guarantors Loan Parties and their respective Subsidiaries each REIT-Qualified Subsidiary pursuant to this Agreement and the other Loan Documents, and but for the willingness of the Parent JV Guarantor and each Subsidiary Guarantor to guaranty guarantee the LoanLoans and other Obligations and Hedge Obligations and the willingness of each REIT-Qualified Subsidiary to pledge its Equity Interests in each Subsidiary Guarantor owned by it pursuant to the Pledge and Security Agreement, the Borrower Loan Parties would be unable to obtain the financing contemplated hereunder from the Lenders and the Lender Hedge Providers, which financing will enable the Borrower, each Guarantor and their respective Subsidiaries Loan Parties to have available financing to conduct and expand their business. The Loan Parties further acknowledge and agree that the Loan Parties constitute a single integrated and common enterprise and that each receives a benefit from the availability of credit under this Agreement.

No Fraudulent Intent. Neither the execution and delivery of this Agreement or any of the other Loan Documents nor the performance of any actions required hereunder or thereunder is being undertaken by the Borrower, any Borrower or Guarantor or any of their respective Subsidiaries with or as a result of any actual intent by any of such Persons to hinder, delay or defraud any entity to which any of such Persons is now or will hereafter become indebted. Section 6.28 Transaction in Best Interests of the Borrower Borrowers and Guarantors; Consideration Consideration. The transaction evidenced by this Agreement and the other Loan Documents is in the best interests of the Borrower, each Guarantor and their respective Subsidiaries. The Borrower and the Guarantor. Borrowers and Guarantors are engaged in common business enterprises related to those of the Borrower and each Guarantor will derive substantial direct and indirect benefit from the effectiveness and existence of this Agreement. The direct and indirect benefits to inure to the Borrower, each Borrower and Guarantor and their respective Subsidiaries pursuant to this Agreement and the other Loan Documents constitute substantially more than “reasonably equivalent value” (as such term is used in Section 548 of the Bankruptcy Code) and “valuable consideration,” “fair value,” and “fair consideration” (as such terms are used in any applicable state fraudulent conveyance law), in exchange for the benefits to be provided by the Borrower, the Borrowers and Guarantors and their respective Subsidiaries pursuant to this Agreement and the other Loan Documents, and but for the willingness of each Guarantor Guarantors to guaranty the LoanLoans in accordance with the terms hereof and the other Loan Documents, the Borrower Borrowers would be unable to obtain the financing contemplated hereunder which financing will enable the Borrower, each Borrower and Guarantor and their respective Subsidiaries to have available financing to conduct and expand their business.. Section 6.29