Common use of Guarantor Representations Clause in Contracts

Guarantor Representations. Borrower hereby represents and warrants that, as of the Effective Date and (except for the representations set forth in Sections 5.1(d) and (g) hereof) continuing thereafter for the term of the Loan, the representations and warranties set forth in subsections 5.1(a) through (g), (l), (n) and (o) above are true and correct with respect to Guarantor, as the same are applicable to such party. Wherever the term “Borrower” is used in each of the foregoing subsections it shall be deemed to be “Guarantor”. Borrower agrees that, unless expressly provided otherwise, all of the representations and warranties of Borrower set forth in this Section 5.1 and elsewhere in this Agreement and in the other Loan Documents shall survive for so long as any portion of the Debt remains owing to Lender. All representations, warranties, covenants and agreements made in this Agreement and in the other Loan Documents shall be deemed to have been relied upon by Lender on the date hereof notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf.

Appears in 4 contracts

Sources: Loan Agreement (Industrial Income Trust Inc.), Loan Agreement (Industrial Income Trust Inc.), Loan Agreement (Dividend Capital Total Realty Trust Inc.)

Guarantor Representations. Borrower hereby represents and warrants that, as of the Effective Date date hereof and (except for the representations set forth in Sections 5.1(d) and (g) hereof) continuing thereafter for the term of the Loan, the representations and warranties set forth in subsections 5.1(a) Sections 3.1 through (g)3.8, (l)3.12, (n) 3.18, 3.21, 3.23, 3.27, 3.28, 3.29, 3.32, and (o) 3.34 above are true and correct with respect to Guarantor, as the same are is applicable to Guarantor. For such party. Wherever purpose, wherever the term “Borrower” is used in each of the foregoing subsections Subsections it shall be deemed to be “Guarantor”, with respect to such party. Borrower agrees that, unless expressly provided otherwise, all of the representations and warranties of Borrower set forth in this Section 5.1 Article 3 and elsewhere in this Agreement and in the other Loan Documents shall survive for so long as any portion of the Debt remains owing to Lender. All representations, warranties, covenants and agreements made in this Agreement and in the other Loan Documents shall be deemed to have been relied upon by Lender on the date hereof notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf.

Appears in 2 contracts

Sources: Loan Agreement (Cole Credit Property Trust Iv, Inc.), Loan Agreement (Cole Corporate Income Trust, Inc.)