Common use of Proceedings Clause in Contracts

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 125 contracts

Samples: Building Loan Agreement (Acadia Realty Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (Strategic Hotels & Resorts, Inc)

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Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 30 contracts

Samples: Loan Agreement (Meristar Hospitality Operating Partnership Lp), Loan Agreement (Excel Trust, L.P.), Loan Agreement (Meristar Hospitality Corp)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and constitute a legal, valid and binding obligations obligation of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 30 contracts

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Trizec Properties Inc), Mezzanine Loan Agreement (Black Creek Diversified Property Fund Inc.)

Proceedings. Such Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of such Borrower and constitute legal, valid and binding obligations of such Borrower enforceable against such Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 14 contracts

Samples: Loan Agreement (Bref Hr, LLC), Third Mezzanine Loan Agreement (Morgans Hotel Group Co.), Third Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute the legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 13 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc), Building Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents to which it is a party have been duly executed and delivered by or on behalf of Borrower and constitute the legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 9 contracts

Samples: Loan Agreement (Assisted 4 Living, Inc.), Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and constitute a legal, valid and binding obligations obligation of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 8 contracts

Samples: Loan Agreement (Hartman Short Term Income Properties XX, Inc.), Loan Agreement (Kindercare Learning Centers Inc /De), Loan Agreement (Beacon Capital Partners Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 8 contracts

Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Urban Shopping Centers Inc), Loan Agreement (Prime Group Realty Trust)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan DocumentsDocuments to which it is a party. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 7 contracts

Samples: Mezzanine B Loan Agreement (Wyndham International Inc), Mezzanine Loan Agreement (Wyndham International Inc), Loan Agreement (Global Net Lease, Inc.)

Proceedings. (a) Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 6 contracts

Samples: Mezzanine Loan Agreement (Felcor Lodging Trust Inc), Junior Mezzanine Loan Agreement (Felcor Lodging Trust Inc), Loan Agreement (Felcor Lodging Trust Inc)

Proceedings. Borrower has taken all necessary action to ----------- authorize the its execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 4 contracts

Samples: Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights of creditors generally, generally and subject, as to enforceability, to by general principles of equity (regardless of whether such enforcement is sought in a proceeding in equity or at law).

Appears in 4 contracts

Samples: Loan Agreement (Morgans Hotel Group Co.), Loan Agreement (Consolidated Tomoka Land Co), Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Proceedings. Each Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan DocumentsDocuments to which it is a party. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of each Borrower and constitute legal, valid and binding obligations of Borrower such Borrower, enforceable against such Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generallyDebtor Relief Laws, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 3 contracts

Samples: Revolving Credit Agreement (FelCor Lodging LP), Revolving Credit Agreement (FelCor Lodging Trust Inc), Lease Agreement (FelCor Lodging Trust Inc)

Proceedings. Such Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of such Borrower and constitute the legal, valid and binding obligations of such Borrower enforceable against such Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 3 contracts

Samples: Loan Agreement (Maguire Properties Inc), Pledge and Security Agreement (MPG Office Trust, Inc.), Pledge and Security Agreement (MPG Office Trust, Inc.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency insolvency, reorganization and similar laws affecting rights of creditors generally, generally and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 3 contracts

Samples: Loan Agreement (Mei Genpar Lp), Loan Agreement (Malibu Entertainment Worldwide Inc), Loan Agreement (Mei Holdings L P)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 3 contracts

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

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and and, to Borrower’s knowledge, constitute legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights of creditors generally, generally and subject, as to enforceability, to by general principles of equity (regardless of whether such enforcement is sought in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Loan Agreement (Ionis Pharmaceuticals Inc), Loan Agreement (Ionis Pharmaceuticals Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute the legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Cole Credit Property Trust Inc), Mezzanine Loan Agreement (Cole Credit Property Trust III, Inc.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and constitute the legal, valid and binding obligations obligation of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 2 contracts

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

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of each Borrower and constitute a legal, valid and binding obligations obligation of Borrower such Borrower, enforceable against such Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Loan Agreement (Industrial Logistics Properties Trust), Loan Agreement (Industrial Logistics Properties Trust)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of each Individual Borrower and constitute a legal, valid and binding obligations obligation of Borrower such Individual Borrower, enforceable against such Individual Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 2 contracts

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

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of each Borrower and constitute a legal, valid and binding obligations obligation of Borrower each Borrower, enforceable against each Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Loan Agreement (Reckson Operating Partnership Lp), Loan Agreement (Horizon Group Properties Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower Entity and constitute a legal, valid and binding obligations obligation of such Borrower Entity, enforceable against each Borrower Entity in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Loan Agreement (IMH Financial Corp), Loan Agreement (IMH Financial Corp)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of each Borrower and constitute the legal, valid and binding obligations obligation of Borrower each Borrower, enforceable against each Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 1 contract

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

Proceedings. Borrower Xxxxxxxx has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (reAlpha Tech Corp.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such those other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Malan Realty Investors Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to except as such enforcement may be limited by applicable bankruptcy, insolvency Creditors Rights Laws and similar laws Laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (AmREIT, Inc.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and Principal and constitute a legal, valid and binding obligations obligation of Borrower Borrower, enforceable against each Borrower and Principal in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 1 contract

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

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Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf behalf, of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Highlands REIT, Inc.)

Proceedings. Borrower has taken all necessary action to authorize ----------- the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Prentiss Properties Trust/Md)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of each Individual Borrower and constitute a legal, valid and binding obligations obligation of Borrower each Individual Borrower, enforceable against each Individual Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 1 contract

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

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Loan Agreement and the other Loan Documents. This Loan Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

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

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of each of Borrower and Guarantor and constitute legal, valid and binding obligations of Borrower and Guarantor, respectively, enforceable against Borrower and Guarantor in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors' rights of creditors generally, generally and subject, as to enforceability, to by general principles of equity (regardless of whether such enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Electro Scientific Industries Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and constitute a legal, valid and binding obligations obligation of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, fraudulent transfer, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law). 3.1.3.

Appears in 1 contract

Samples: Loan Agreement (Pillarstone Capital Reit)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by by, or on behalf of of, Borrower and constitute legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan and Security Agreement (Alexanders Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws and legal principles affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Entertainment Properties Trust)

Proceedings. Borrower has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency insolvency, reorganization and similar laws affecting rights of creditors generally, generally and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Malibu Entertainment Worldwide Inc)

Proceedings. Borrower has have each taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Hilton Worldwide Holdings Inc.)

Proceedings. Each Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of each Borrower and constitute legal, valid and binding obligations of each Borrower enforceable against such Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and constitute the legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 1 contract

Samples: Revolving Credit Loan and Security Agreement (Ashford Hospitality Trust Inc)

Proceedings. Borrower Xxxxxxxx has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Soho House & Co Inc.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors' rights of creditors generally, generally and subject, as to enforceability, to by general principles of equity (regardless of whether such enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Mezzanine Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute the legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, ‑43 ‑ to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).. 66

Appears in 1 contract

Samples: Building Loan Agreement (Acadia Realty Trust)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of each Borrower and constitute legal, valid and binding obligations of Borrower each Borrower, enforceable against each Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Proceedings. Individual Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of Individual Borrower and constitute legal, valid and binding obligations of Individual Borrower enforceable against Individual Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Cb Richard Ellis Realty Trust)

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