Common use of Permitted Encumbrances Clause in Contracts

Permitted Encumbrances. To Borrower’s knowledge, none of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents materially and adversely affects the value or marketability of the Property, materially impairs the use or the operation of the Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely manner.

Appears in 2 contracts

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

Permitted Encumbrances. To the best of Borrower’s knowledge, none of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security InstrumentInstruments, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the any Individual Property, materially impairs the use or the operation of the any Individual Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely mannerthe Obligations as and when required under the Loan Documents.

Appears in 2 contracts

Sources: Loan Agreement (Cole Credit Property Trust II Inc), Loan Agreement (Spirit Realty Capital, Inc.)

Permitted Encumbrances. To Borrower’s knowledge, none of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents materially and adversely affects the value or marketability of the PropertyProperty or any portion thereof, materially and adversely impairs the use or the operation of the Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely manner.

Appears in 2 contracts

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

Permitted Encumbrances. To the best of Borrower’s knowledge, none of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the Property, materially impairs the use or the operation of the Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely manner.

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement (Consolidated Tomoka Land Co)

Permitted Encumbrances. To Borrower’s knowledge, none None of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents materially and adversely affects the value or marketability of the Property, materially impairs the use or the operation of the Property for its intended use or impairs Borrower’s 's ability to pay its obligations in a timely manner.

Appears in 2 contracts

Sources: Loan Agreement (Cedar Realty Trust, Inc.), Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)

Permitted Encumbrances. To Borrower’s knowledge, none None of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the PropertyProperty (or any portion thereof), materially impairs the use or the operation of the Property for its intended use or materially impairs Borrower’s ability to pay its obligations in a timely manner.

Appears in 2 contracts

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

Permitted Encumbrances. To Borrower’s knowledge, none None of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the Property, materially impairs the use or the operation of the Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely mannerthe Obligations as and when required under the Loan Documents.

Appears in 1 contract

Sources: Multifamily Loan and Security Agreement (Clipper Realty Inc.)

Permitted Encumbrances. To Borrower’s knowledge, none of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the PropertyProperty or any portion thereof, materially and adversely impairs the use or the operation of the Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely manner.

Appears in 1 contract

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

Permitted Encumbrances. To Borrower’s knowledge, none of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the Property, materially impairs the use or the operation of the Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely manner.

Appears in 1 contract

Sources: Loan Agreement (CaliberCos Inc.)

Permitted Encumbrances. To Borrower’s knowledge, none of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security InstrumentPledge Agreement, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the PropertyProperty or the Collateral or any portion thereof, materially and adversely impairs the use or the operation of the Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely manner.

Appears in 1 contract

Sources: Mezzanine Loan Agreement (Cole Corporate Income Trust, Inc.)

Permitted Encumbrances. To Borrower’s knowledge, none None of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security InstrumentInstruments, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the any Individual Property, materially impairs the use or the operation of the any Individual Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely mannerthe Obligations as and when required under the Loan Documents.

Appears in 1 contract

Sources: Loan Agreement (Netreit, Inc.)

Permitted Encumbrances. To Borrower’s knowledge, none None of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the Property, materially impairs the use or the operation of the Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely manner.

Appears in 1 contract

Sources: Loan Agreement (Moody National REIT I, Inc.)

Permitted Encumbrances. To Borrower’s knowledge, none None of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security InstrumentInstruments, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the any Property, materially impairs the use or the operation of the any Property for its intended use or impairs any Borrower’s ability to pay its obligations in a timely manner.

Appears in 1 contract

Sources: Loan Agreement (STAG Industrial, Inc.)

Permitted Encumbrances. To Borrower’s knowledge, none None of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the any Individual Property, materially impairs the use or the operation of the any Individual Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely manner.

Appears in 1 contract

Sources: Loan Agreement (Creative Media & Community Trust Corp)

Permitted Encumbrances. To Borrower’s knowledge, none None of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the Property, materially and adversely impairs the use or the operation of the Property for its intended use or materially and adversely impairs Borrower’s ability to pay its obligations in a timely manner.

Appears in 1 contract

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

Permitted Encumbrances. To Borrower’s knowledge, none None of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the Property, materially impairs the use or the operation of the Property for its intended use or impairs Borrower’s Borrowers’ ability to pay its their obligations in a timely manner.

Appears in 1 contract

Sources: Loan Agreement (Glimcher Realty Trust)

Permitted Encumbrances. To Borrower’s 's knowledge, none of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the PropertyProperty or any portion thereof, materially and adversely impairs the use or the operation of the Property for its intended use or impairs Borrower’s 's ability to pay its obligations in a timely manner.

Appears in 1 contract

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

Permitted Encumbrances. To Borrower’s knowledge, none None of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the Property, materially impairs the use or the operation of the Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely manner.

Appears in 1 contract

Sources: Loan Agreement

Permitted Encumbrances. To Borrower’s knowledge, none None of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents materially and adversely affects the value or marketability of the Property, materially impairs the use or the operation of the Property for its intended use in any material respect or impairs Borrower’s ability to pay its obligations in a timely manner.

Appears in 1 contract

Sources: Loan Agreement (Ares Real Estate Income Trust Inc.)

Permitted Encumbrances. To the best of Borrower’s knowledge, none of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents materially and adversely affects the value or marketability of the Property, materially impairs the use or the operation of the Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely manner.

Appears in 1 contract

Sources: Loan Agreement (Inland Real Estate Income Trust, Inc.)

Permitted Encumbrances. To Borrower’s knowledge, none None of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the Propertyvalue, materially impairs the marketability, use or the operation of the an Individual Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely mannermanner as and when they come due.

Appears in 1 contract

Sources: Loan Agreement (Orion Office REIT Inc.)

Permitted Encumbrances. To Borrower’s knowledge, none None of the Permitted Encumbrances, individually or in the aggregate, materially and adversely interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the PropertyProperty (or any portion thereof), materially and adversely impairs the use or the operation of the Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely manner.

Appears in 1 contract

Sources: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.)

Permitted Encumbrances. To Borrower’s knowledge, none of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents Documents, materially and adversely affects the value or marketability of the Property, materially impairs the use or the operation of the Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely mannerthe Obligations as and when required under the Loan Documents.

Appears in 1 contract

Sources: Loan Agreement (CaliberCos Inc.)

Permitted Encumbrances. To Borrower’s knowledge, none None of the Permitted Encumbrances, individually or in the aggregate, materially interferes with the benefits of the security intended to be provided by this Agreement, the Security Instrument, the Note and the other Loan Documents materially and adversely affects the value or marketability of the Property, materially and adversely impairs the use or the operation of the Property for its intended use or impairs Borrower’s ability to pay its obligations in a timely manner.

Appears in 1 contract

Sources: Loan Agreement (Condor Hospitality Trust, Inc.)