Validity of Documents. The execution, delivery and performance of the Documents and the borrowing evidenced by the Note (i) are within the power of Borrower; (ii) have been authorized by all requisite action; (iii) have received all necessary approvals and consents; (iv) will not violate, conflict with, breach, or constitute (with notice or lapse of time, or both) a default under (1) any law, order or judgment of any court, governmental authority, or the governing instrument of Borrower or (2) any indenture, agreement, or other instrument to which Borrower is a party or by which it or any of its property is bound or affected; (v) will not result in the creation or imposition of any lien, charge, or encumbrance upon any of its properties or assets except for those in this Instrument; and (vi) will not require any authorization or license from, or any filing with, any governmental or other body (except for the recordation of this Instrument, the Assignment and Uniform Commercial Code (“U.C.C.”) filings). The Documents constitute legal, valid, and binding obligations of Borrower.
Appears in 13 contracts
Sources: Mortgage and Security Agreement (Mack Cali Realty Corp), Promissory Note (Mack Cali Realty L P), Mortgage and Security Agreement (Mack Cali Realty L P)
Validity of Documents. The execution, delivery and performance of the Documents and the borrowing evidenced by the Note (i) are within the power of Borrower; (ii) have been authorized by all requisite action; (iii) have received all necessary approvals and consents; (iv) will not violate, conflict with, breach, or constitute (with notice or lapse of time, or both) a default under (1) any law, order or judgment of any court, governmental authority, or the governing instrument of Borrower or (2) any indenture, agreement, or other instrument to which Borrower is a party or by which it or any of its property is bound or affected; (v) will not result in the creation or imposition of any lien, charge, or encumbrance upon any of its properties or assets except for those in the lien, encumbrance and security interest created by this InstrumentInstrument and the other Documents; and (vi) will not require any authorization or license from, or any filing with, any governmental or other body (except for the recordation of this Instrument, the Assignment and Uniform Commercial Code (“U.C.C.”) filings). The Documents constitute legal, valid, and binding obligations of Borrower.
Appears in 4 contracts
Sources: Agreement of Spreader, Consolidation, and Modification of Mortgage and Security, Agreement of Spreader, Consolidation and Modification of Mortgage and Security Agreement (250 West 57th St Associates L.L.C.), Second Priority Mortgage and Security Agreement (250 West 57th St Associates L.L.C.)
Validity of Documents. The execution, delivery and performance of the Documents and the borrowing evidenced by the Note (i) are within the power of Borrower; (ii) have been authorized by all requisite action; (iii) have received all necessary approvals and consents; (iv) will not violate, conflict with, breach, or constitute (with notice or lapse of time, or both) a default under (1) any law, order or judgment of any court, governmental authority, or the governing instrument of Borrower or (2) any indenture, agreement, or other instrument to which Borrower is a party or by which it or any of its property is bound or affected; (v) will not result in the creation or imposition of any lien, charge, or encumbrance upon any of its properties or assets except for those in this Instrument; and (vi) will not require any authorization or license from, or any filing with, any governmental or other body (except for the recordation of this Instrument, the Assignment and Uniform Commercial Code (“U.C.C.UCC”) filings). The Documents constitute legal, valid, and binding obligations of Borrower.
Appears in 4 contracts
Sources: Multi State Mortgage and Security Agreement (CNL Hotels & Resorts, Inc.), Mortgage (CNL Hotels & Resorts, Inc.), Deed of Trust, Security Agreement and Fixture Filing (CNL Hotels & Resorts, Inc.)
Validity of Documents. The execution, delivery and performance of the Documents and the borrowing evidenced by the Note and this Agreement (ia) are within the power of Borrower; (iib) have been authorized by all requisite action; (iiic) have received all necessary approvals and consents; (ivd) will not violate, conflict with, breach, or constitute (with notice or lapse of time, or both) a default under (1i) any law, order or judgment of any court, governmental authority, or the governing instrument of Borrower or (2ii) any indenture, agreement, or other instrument to which Borrower is a party or by which it or any of its property is bound or affected; (ve) will not result in the creation or imposition of any lien, charge, or encumbrance upon any of its properties or assets except for those in this Instrumentthe Instrument and the other Documents; and (vif) will not require any authorization or license from, or any filing with, any governmental or other body (except for the recordation of this the Instrument, the Assignment and Uniform Commercial Code (the “U.C.C.”) filings). The Documents constitute legal, valid, and binding obligations of Borrower.
Appears in 1 contract
Sources: Loan Agreement (Behringer Harvard Opportunity REIT II, Inc.)
Validity of Documents. The execution, delivery and performance of the Documents and the borrowing evidenced by the Note (i) are within the legal power of Borrower; (ii) have been authorized by all requisite action; (iii) have received all necessary approvals and consents; (iv) will not violate, conflict with, breach, or constitute (with notice or lapse of time, or both) a default under (1) any law, order or judgment of any court, governmental authority, or the governing instrument of Borrower or (2) any indenture, agreement, or other instrument to which Borrower is a party or by which it or any of its property is bound or affected; (v) will not result in the creation or imposition of any lien, charge, or encumbrance upon any of its properties or assets except for those in this Instrument; and (vi) will not require any authorization or license from, or any filing with, any governmental or other body (except for the recordation of this Instrument, the Assignment and Uniform Commercial Code (“U.C.C.”) filings). The Documents constitute legal, valid, and binding obligations of Borrower.
Appears in 1 contract
Sources: Mortgage and Security Agreement (Eagle Hospitality Properties Trust, Inc.)