Common use of Underwriting Representations Clause in Contracts

Underwriting Representations. Borrower hereby represents and warrants that to Borrower’s knowledge: (a) Neither of Owner nor Operating Tenant has judgments or liens of any nature against it except for tax liens not yet due or delinquent, which, if determined against such entity, might materially adversely affect the condition (financial or otherwise) or business of any Borrower; (b) Neither of Owner nor Operating Tenant is involved in any dispute with any taxing authority other than tax protests in the ordinary course of business which are being prosecuted in accordance with this Agreement; (c) Borrower has paid all taxes which are currently due and owing; (d) Neither of Owner nor Operating Tenant is now, or has ever been, party to any action, suit or proceeding at law or in equity by or before any Governmental Authority against such entity that has resulted in a judgment against it that has not been paid in full or that is pending; and (e) each amendment and restatement of Owner’s and Operating Tenant’s organizational documents has been accomplished in accordance with, and was permitted by, the relevant provisions of said documents prior to its amendment or restatement from time to time.