Common use of Representations and Warranties on Leases Clause in Contracts

Representations and Warranties on Leases. Borrower represents and warrants to Lender with respect to all Leases that: (1) the rent roll delivered to Lender for each Property is true and correct as of the date of such rent roll (provided that if Whitehall has owned a direct or indirect interest in Borrower for less than two (2) months prior to the Closing Date, the foregoing representation and warranty is made to Borrower's knowledge), and the Leases are valid and in and full force and effect; (2) the Leases are in writing, and there are no oral agreements with respect thereto; (3) the copies of the Leases delivered to Lender are true and complete; (4) to Borrower's knowledge, except as set forth in Schedule 5.1(A), neither the landlord nor any Tenant is in material default under any of the Leases; (5) except as set forth in Schedule 5.1(B), (a) Borrower has no knowledge, after due inquiry, of any notice of termination or default with respect to any Non-Storage Lease and (b) to Borrower's knowledge, after due inquiry, not more than 5% of the Leases at any Storage Property are the subject of any notices of termination or default; (6) Borrower has not assigned or pledged any of the Leases, the rents or any interests therein except to Lender;

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender Lender, with respect to all Leases Leases, that: (1a) the rent roll delivered to Lender for each Property attached hereto as Schedule 5.1(b) is true true, correct and correct as of the date of such rent roll (provided that if Whitehall has owned a direct or indirect interest in Borrower for less than two (2) months prior to the Closing Date, the foregoing representation and warranty is made to Borrower's knowledge)complete, and the Leases leases are valid and in and full force and effect; (2b) the Leases (including amendments) are in writing, and there are no oral agreements with respect thereto; (3c) the copies of the Leases delivered to Lender are true true, correct and complete; (4d) to Borrower's knowledge, except as set forth in Schedule 5.1(A), neither the landlord nor nor, to Borrower’s knowledge, any Tenant tenant is in material default under any of the Leases; (5) except as set forth in Schedule 5.1(B), (ae) Borrower has no knowledge, after due inquiry, knowledge of any notice of termination or default with respect to any Non-Storage Lease and (b) to Borrower's knowledge, after due inquiry, not more than 5% of the Leases at any Storage Property are the subject of any notices of termination or defaultLease; (6f) Borrower has not assigned or pledged any of the Leases, the rents or any interests therein except to Lender;; (g) except as set forth in the rent roll attached as Schedule 5.1(b), no tenant or other party has any right or option to purchase all or any portion of the Project; (h) no tenant has the right to terminate its Lease prior to expiration of the stated term of such Lease; and (i) no tenant has prepaid more than one (1) month’s rent in advance (except for bona fide security deposits).

Representations and Warranties on Leases. Except for matters set forth in Schedule 5.1(a) attached hereto and made a part hereof, Borrower represents and warrants to Lender Agent and the Banks as of the Closing Date, with respect to all Leases Leases, that: (1) to Borrower’s knowledge, the rent roll delivered to Lender for each Property Agent is true true, correct and correct as of the date of such rent roll (provided that if Whitehall has owned a direct or indirect interest complete based on Leases in Borrower for less than two (2) months prior to the Closing Date, the foregoing representation and warranty is made to Borrower's knowledge), and the Leases are valid and in and full force and effecteffect on the date hereof; (2) the Leases (including amendments) are in writing, and and, to Borrower’s knowledge, there are no oral agreements with respect thereto; (3) to Borrower’s knowledge, the copies of the Leases delivered to Lender Agent are true true, correct and complete; (4) to Borrower's ’s knowledge, except as set forth in Schedule 5.1(A), neither the landlord nor any Tenant tenant has given or received written notice that either is in material default under any of the LeasesLeases (other than with respect to defaults that have been cured); (5) except as set forth in Schedule 5.1(B), (a) Borrower has no knowledge, after due inquiry, knowledge of any notice of termination or default with respect to any Non-Storage Lease and (b) to Borrower's knowledge, after due inquiry, not more than 5% of the Leases at any Storage Property are the subject of any notices of termination or defaultLease; (6) Borrower has not assigned or pledged any of the Leases, the rents or any interests therein except to Lender;Agent; (7) to Borrower’s knowledge, except as set forth in the rent roll delivered to Agent, no tenant or other party has any right or option to purchase all or any portion of the Project; (8) except as set forth in the Leases, to Borrower’s knowledge, no tenant has the right to terminate its Lease prior to expiration of the stated term of such Lease; and (9) to Borrower’s knowledge, no tenant has prepaid more than one (1) month’s rent in advance (except for bona fide security deposits).