GRT » Topics » Representations and Warranties

These excerpts taken from the GRT 10-Q filed Apr 24, 2009.
Representations and Warranties.  The Assignor hereby represents and warrants to the Assignee that, as of the date hereof and the date of the initial funding of the Loan, (i) the Assignor has not pledged or otherwise disposed of or encumbered any Leases, or any of the sums due or to become due thereunder; (ii) the Assignor has not performed any acts or executed any other instruments which might prevent the Assignee from operating under any of the terms and conditions of this Assignment or which would limit the Assignee in such operation; and (iii) the Assignor has not accepted or collected rent or any other payments under any Lease for any period subsequent to the current period for which such rent or other payment has already become due and payable.

 
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Representations and Warranties.  In addition to the general warranties and representations contained in the Loan Agreement, the Grantor represents and warrants that: (a) the Grantor is duly organized and validly existing under the laws of the jurisdiction of its formation, as hereinabove stated; (b) the Grantor has the requisite power to execute and perform this Deed of Trust and the Obligations; (c) the transactions contemplated in this Deed of Trust are and will be in all respects legal and not in violation of any Governmental Rule; (d) all information, reports, papers and data given to the Beneficiary with respect to any of the Property or the Grantor are accurate in all material respects and complete insofar as completeness may be necessary to give the Beneficiary accurate knowledge of the subject matter, and there has been no Material Adverse Change in any condition or fact stated therein; (e) the Grantor is not a party to or obligated under any instrument, and there is no litigation pending (or, to the Grantor's knowledge, threatened), which does or might have a Material Adverse Effect on the Grantor or any of the Property; (f) none of the Property has been damaged by fire or other casualty which is not now fully restored; (g) no notice of taking by eminent domain or condemnation of any of the Property has been received, and the Grantor has no knowledge that any of such is contemplated.

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This excerpt taken from the GRT 10-K filed Feb 24, 2009.
Representations and Warranties.  In addition to the general warranties and representations contained in the Loan Agreement, the Grantor represents and warrants that: (a) the Grantor is duly organized and validly existing under the laws of the jurisdiction of its formation, as hereinabove stated; (b) the Grantor has the requisite power to execute and perform this Deed of Trust and the Obligations; (c) the transactions contemplated in this Deed of Trust are and will be in all respects legal and not in violation of any Governmental Rule; (d) all information, reports, papers and data given to the Beneficiary with respect to any of the Property or the Grantor are accurate in all material respects and complete insofar as completeness may be necessary to give the Beneficiary accurate knowledge of the subject matter, and there has been no Material Adverse Change in any condition or fact stated therein; (e) the Grantor is not a party to or obligated under any instrument, and there is no litigation pending (or, to the Grantor's knowledge, threatened), which does or might have a Material Adverse Effect on the Grantor or any of the Property; (f) none of the Property has been damaged by fire or other casualty which is not now fully restored; (g) no notice of taking by eminent domain or condemnation of any of the Property has been received, and the Grantor has no knowledge that any of such is contemplated.

 
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