Liabilities; Litigation. (a) The financial statements last delivered by Borrower and each Borrower Party are true and correct with no significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting the Projects, Borrower or any Borrower Party. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of Borrower, threatened, against the Projects, Borrower or any Borrower Party which if adversely determined could have a material adverse effect on such party, a Project or the Loan. (b) Neither Borrower nor any Borrower Party is contemplating either the filing of a petition by it under state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its assets or property, and neither Borrower nor any Borrower Party has knowledge of any Person contemplating the filing of any such petition against it.
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Sources: Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement Corp)
Liabilities; Litigation. (a) The financial statements last delivered by Borrower and each Borrower Party are true and correct in all material respects with no significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting the ProjectsProject, Borrower or any Borrower Party. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of Borrower, threatened, against the ProjectsProject, Borrower or any Borrower Party which if adversely determined could have a material adverse effect on such party, a the Project or the Loan.
(b) Neither Borrower nor any Borrower Party is contemplating either the filing of a petition by it under state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its assets or property, and neither Borrower nor any Borrower Party has knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
Sources: Loan Agreement (Winston Hotels Inc)
Liabilities; Litigation. (a) The financial statements last delivered by Borrower and each Borrower Party Party, if any, are true and correct with no significant adverse change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting the ProjectsProject, Borrower or any Borrower Party. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of Borrower, threatened, against the ProjectsProject, Borrower or any Borrower Party which if adversely determined could have a material adverse effect on such party, a the Project or the Loan.
(b) Neither Borrower nor any Borrower Party is contemplating either the filing of a petition by it under state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its assets or property, and neither Borrower nor any Borrower Party has knowledge of any Person contemplating the filing of any such petition against it.
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Liabilities; Litigation. (a) 7.3.1 The financial statements last delivered by each Borrower and each Borrower Party are true and correct with no significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting any of the Projects, any Borrower or any Borrower Party. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of any Borrower, threatened, against any of the Projects, any Borrower or any Borrower Party which that if adversely determined could have a material adverse effect on such party, a any Project or the LoanLoans.
(b) Neither Borrower 7.3.2 None of the Borrowers nor any Borrower Party is contemplating either the filing of a petition by it under state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its assets or property, and neither none of the Borrower nor any Borrower Party has knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
Sources: Loan Agreement (Tarragon Corp)
Liabilities; Litigation. (a) The financial statements last delivered by Borrower and each Borrower Party Guarantor and Master Tenant are true and correct with no significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting the ProjectsProject, Borrower or any Borrower PartyMaster Tenant or Guarantor. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of Borrower, threatened, against the ProjectsProject, Borrower Borrower, Master Tenant or any Borrower Party Guarantor which if adversely determined could would reasonably be expected to have a material adverse effect on such party, a the Project or the Loan.
(b) Neither Borrower nor any Borrower Party Guarantor nor Master Tenant is contemplating either the filing of a petition by it under state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its assets or property, and neither Borrower nor any Borrower Party Master Tenant nor Guarantor has knowledge of any Person contemplating the filing of any such petition against it.
Appears in 1 contract
Sources: Loan Agreement (Emeritus Corp\wa\)
Liabilities; Litigation. (a1) The financial statements last delivered by Borrower and each Borrower Party are true and correct with no significant change since the date of preparation. Except as disclosed in such financial statements, there are no liabilities (fixed or contingent) affecting the Projects, Borrower or any Borrower Party. Except as disclosed in such financial statements, there is no litigation, administrative proceeding, investigation or other legal action (including any proceeding under any state or federal bankruptcy or insolvency law) pending or, to the knowledge of Borrower, threatened, against the Projects, Borrower or any Borrower Party which if adversely determined could have a material adverse effect on such party, a Project or the Loan.
(b2) Neither Borrower nor any Borrower Party is contemplating either the filing of a petition by it under state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its assets or property, and neither Borrower nor any Borrower Party has knowledge of any Person contemplating the filing of any such petition against it.
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