Common use of Proceedings Clause in Contracts

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 126 contracts

Samples: Loan Agreement (RREEF Property Trust, Inc.), Loan Agreement (Vici Properties Inc.), Loan Agreement (Vici Properties Inc.)

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Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and constitute a legal, valid and binding obligations obligation of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 30 contracts

Samples: Loan Agreement (Seven Hills Realty Trust), Mezzanine Loan Agreement (Black Creek Diversified Property Fund Inc.), Loan Agreement (Black Creek Diversified Property Fund Inc.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 30 contracts

Samples: Loan Agreement (Reading International Inc), Loan Agreement (Eldorado Resorts, Inc.), Loan Agreement (Excel Trust, L.P.)

Proceedings. Such Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of such Borrower and constitute legal, valid and binding obligations of such Borrower enforceable against such Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 15 contracts

Samples: Second Mortgage Loan Agreement, Loan Agreement (Bref Hr, LLC), Second Mortgage Loan Agreement (Bref Hr, LLC)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute the legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 13 contracts

Samples: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust V, Inc.), Building Loan Agreement (KBS Strategic Opportunity REIT, Inc.), Loan Agreement (Global Medical REIT Inc.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents to which it is a party have been duly executed and delivered by or on behalf of Borrower and constitute the legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 9 contracts

Samples: Loan Agreement (Assisted 4 Living, Inc.), Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 8 contracts

Samples: Loan Agreement (Uniprop Manufactured Housing Communities Income Fund), Loan Agreement (Prime Group Realty Trust), Loan Agreement (Urban Shopping Centers Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and constitute a legal, valid and binding obligations obligation of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 8 contracts

Samples: Loan Agreement (Hartman Short Term Income Properties XX, Inc.), Loan Agreement (Glimcher Realty Trust), Loan Agreement (Hilton Hotels Corp)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan DocumentsDocuments to which it is a party. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 7 contracts

Samples: Loan Agreement (Global Net Lease, Inc.), Mezzanine Loan Agreement (Wyndham International Inc), Loan Agreement (Wyndham International Inc)

Proceedings. (a) Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 6 contracts

Samples: Mezzanine Loan Agreement (Felcor Lodging Trust Inc), Loan Agreement (Felcor Lodging Trust Inc), Junior Mezzanine Loan Agreement (Felcor Lodging Trust Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights of creditors generally, generally and subject, as to enforceability, to by general principles of equity (regardless of whether such enforcement is sought in a proceeding in equity or at law).

Appears in 4 contracts

Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.), Loan Agreement (Consolidated Tomoka Land Co), Loan Agreement (Morgans Hotel Group Co.)

Proceedings. Borrower has taken all necessary action to ----------- authorize the its execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 4 contracts

Samples: Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 3 contracts

Samples: Loan Agreement (Glimcher Realty Trust), Loan Agreement (Glimcher Realty Trust), Loan Agreement (Glimcher Realty Trust)

Proceedings. Such Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of such Borrower and constitute the legal, valid and binding obligations of such Borrower enforceable against such Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 3 contracts

Samples: Pledge and Security Agreement (MPG Office Trust, Inc.), Pledge and Security Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency insolvency, reorganization and similar laws affecting rights of creditors generally, generally and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 3 contracts

Samples: Loan Agreement (Malibu Entertainment Worldwide Inc), Loan Agreement (Mei Genpar Lp), Loan Agreement (Mei Holdings L P)

Proceedings. Each Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan DocumentsDocuments to which it is a party. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of each Borrower and constitute legal, valid and binding obligations of Borrower such Borrower, enforceable against such Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generallyDebtor Relief Laws, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 3 contracts

Samples: Lease Agreement (FelCor Lodging Trust Inc), Revolving Credit Agreement (FelCor Lodging LP), Revolving Credit Agreement (FelCor Lodging Trust Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower Entity and constitute a legal, valid and binding obligations obligation of such Borrower Entity, enforceable against each Borrower Entity in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Loan Agreement (IMH Financial Corp), Loan Agreement (IMH Financial Corp)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of each Borrower and constitute a legal, valid and binding obligations obligation of Borrower such Borrower, enforceable against such Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 2 contracts

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

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and and, to Borrower’s knowledge, constitute legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights of creditors generally, generally and subject, as to enforceability, to by general principles of equity (regardless of whether such enforcement is sought in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Loan Agreement (Ionis Pharmaceuticals Inc), Loan Agreement (Ionis Pharmaceuticals Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of each Borrower and constitute a legal, valid and binding obligations obligation of Borrower each Borrower, enforceable against each Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Loan Agreement (Reckson Operating Partnership Lp), Loan Agreement (Horizon Group Properties Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and constitute the legal, valid and binding obligations obligation of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Loan Agreement (Wells Real Estate Investment Trust Inc), Loan Agreement (Wells Real Estate Investment Trust Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute the legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 2 contracts

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

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of each Individual Borrower and constitute a legal, valid and binding obligations obligation of Borrower such Individual Borrower, enforceable against such Individual Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 2 contracts

Samples: Loan Agreement (Host Marriott L P), Loan Agreement (Host Marriott Corp/)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).. 66

Appears in 1 contract

Samples: Building Loan Agreement (Acadia Realty Trust)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws and legal principles affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Entertainment Properties Trust)

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Proceedings. Each Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of each Borrower and constitute legal, valid and binding obligations of each Borrower enforceable against such Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by by, or on behalf of of, Borrower and constitute legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan and Security Agreement (Alexanders Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf behalf, of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Highlands REIT, Inc.)

Proceedings. Borrower Xxxxxxxx has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Soho House & Co Inc.)

Proceedings. Borrower has taken all necessary action to authorize ----------- the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Prentiss Properties Trust/Md)

Proceedings. Borrower Xxxxxxxx has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (reAlpha Tech Corp.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and constitute a legal, valid and binding obligations obligation of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, fraudulent transfer, reorganization, moratorium or other similar laws affecting the enforcement of creditors' rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law). 3.1.3.

Appears in 1 contract

Samples: Loan Agreement (Pillarstone Capital Reit)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of each Borrower and constitute the legal, valid and binding obligations obligation of Borrower each Borrower, enforceable against each Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)

Proceedings. Individual Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of Individual Borrower and constitute legal, valid and binding obligations of Individual Borrower enforceable against Individual Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Cb Richard Ellis Realty Trust)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to except as such enforcement may be limited by applicable bankruptcy, insolvency Creditors Rights Laws and similar laws Laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (AmREIT, Inc.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such the other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute the legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, ‑43 ‑ to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Loan Agreement and the other Loan Documents. This Loan Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Inland American Real Estate Trust, Inc.)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this This Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly authorized, executed and delivered by or on behalf of Borrower and constitute the legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable except as such enforcement may be limited by bankruptcy, insolvency and insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights of creditors generally, and subject, as to enforceability, to by general principles of equity (regardless of whether enforcement such enforceability is sought considered in a proceeding in equity or at law).

Appears in 1 contract

Samples: Revolving Credit Loan and Security Agreement (Ashford Hospitality Trust Inc)

Proceedings. Borrower has have each taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower Borrower, enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Hilton Worldwide Holdings Inc.)

Proceedings. Borrower has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency insolvency, reorganization and similar laws affecting rights of creditors generally, generally and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Malibu Entertainment Worldwide Inc)

Proceedings. Borrower has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents. This Agreement and such those other Loan Documents have been duly executed and delivered by or on behalf of Borrower and constitute legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their respective terms, subject only to applicable bankruptcy, insolvency and similar laws affecting rights of creditors generally, and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).

Appears in 1 contract

Samples: Loan Agreement (Malan Realty Investors Inc)

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