Underwriting Representations. Except as set forth on Schedule 4.1.40(b) or as disclosed in writing to Administrative Agent prior to the Closing Date, Borrower hereby represents that it: (a) has no judgments or liens of any nature against it except for tax liens not yet due; (b) is not involved in any dispute with any taxing authority; (c) is not now, nor has ever been, a party to any lawsuit, arbitration, summons, or legal proceeding that is still pending or that resulted in a judgment against it or its assets or properties that has not been paid in full; and (d) each amendment and restatement of Borrower’s organizational documents, if any, has been accomplished in accordance with, and was permitted by, the relevant provisions of said documents prior to such amendment or restatement from time to time.
Appears in 2 contracts
Sources: Loan Agreement (Excel Trust, L.P.), Loan Agreement (Excel Trust, L.P.)