3.2 No Default. No Default shall have occurred and be continuing or shall result from the effectiveness of this Amendment as of the date hereof.
4.3 No Default. No Default shall have occurred and be continuing as of the Simplification Amendment Effective Date.
5.4 No Default. As of the date hereof, both before and immediately after giving effect to this Amendment, no Default has occurred and is continuing.
7. No Default. Tenant represents, warrants and covenants that, to the best of Tenant’s knowledge, Landlord and Tenant are not in default of any of their respective obligations under the Existing Lease and no event has occurred that, with the passage of time or the giving of notice (or both) would constitute a default by either Landlord or Tenant thereunder.
(v) No Default. As of the Closing Date, no event shall have occurred and be continuing or would immediately result from the consummation of the Term Loans that would constitute an Event of Default or a Default.
(f) No Default. No Default or Event of Default shall have occurred and be continuing or would immediately arise as a result of the transactions contemplated by this Amendment.
2.3No Default. After giving effect to this Amendment, no Default or Event of Default shall have occurred and be continuing.
(iii) No Default. On the date the Extension Request is given and on the Maturity Date (as determined without regard to such extension) there shall exist no Default or Event of Default.
3. No Default. Borrower certifies that the Borrower and the Guarantors are and will be in compliance with all covenants under the Loan Documents after giving effect to the making of the Loan requested hereby and no Default or Event of Default has occurred and is continuing. No condemnation proceedings are pending or, to the undersigneds knowledge, threatened against any Borrowing Base Asset, except as disclosed in writing to Agent.
(e) No Default. No Default or Event of Default has occurred and is continuing or will arise or occur after the execution and delivery of this Amendment and any other documents executed in connection herewith.
(z) No Default. There is no default, breach, violation or event of acceleration existing under the Mortgage or the related Mortgage Note (monetary or otherwise) and no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a default, breach, violation or event of acceleration and there is no default, breach, violation or event of acceleration existing under the mortgage or the related Mortgage Note and no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a default, breach, violation or event of acceleration. No default, breach, violation or event of acceleration has been waived. No foreclosure action is currently threatened or has been commenced with respect to the Mortgage Loan.
(ii) No Default. No Default or Event of Default shall have occurred and be continuing under the Program Documents.
(k) No Default. Neither Seller nor any of its Subsidiaries is in default under or with respect to any of its Contractual Obligations in any respect which should reasonably be expected to have a Material Adverse Effect. No Default or Event of Default has occurred and is continuing hereunder.
ee.No Default. No Default or Event of Default has occurred or is continuing.
(i) No Default. No Default or Event of Default shall have occurred and be continuing under, and such Transaction is in compliance in all material respects with all applicable terms and conditions of, the Facility Documents.
Y. No Default. The Mortgage Loan is current and all payments have been made within the month such payments were due, and if the Mortgage Loan is a Co-op Loan, no foreclosure action or private or public sale under the Uniform Commercial Code has ever, to the knowledge of the Seller, been threatened or commenced with respect to the Co-op Loan. There is no default, breach, violation or event of acceleration existing under the Mortgage or the Mortgage Note and no event that, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a default, breach, violation or event of acceleration, and neither Seller nor its predecessors have waived any default, breach, violation or event of acceleration. With respect to each Co-op Loan, there is no default in complying with the terms of the Mortgage Note, the Assignment of Proprietary Lease and the Proprietary Lease and all maintenance charges and assessments (including assessments payable in the future installments, which previously became due and owing) have been paid, and the Seller has the right under the terms of the Mortgage Note, Assignment of Proprietary Lease and Recognition Agreement to pay any maintenance charges or assessments owed by the Mortgagor.
4. No Default. To my knowledge, no default by the Borrower under the Agreement has occurred or is continuing as of the date of this Certificate.
2.5 No Default. No Default shall have occurred and be continuing as of the Second Amendment Effective Date.
Section 3.Representations and Warranties, No Default.The Borrower hereby represents and warrants that as of the Amendment No. 5 Effective Date, (i) after giving effect to the amendments set forth in Section 2 of this Agreement, no Default or Event of Default shall have occurred and be continuing or would result therefrom and (ii) each of the representations and warranties made by the Borrower set forth in Article III of the Credit Agreement or in any other Loan Document are true and correct in all material respects on and as of the Amendment No. 5 Effective Date (except to the extent such representations and warranties expressly relate to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date, and, to the extent such representations and warranties are qualified as to materiality, Material Adverse Effect or similar language, such representations shall be true and correct in all respects).
2.4No Default. No Default shall have occurred and be continuing as of the Fourth Amendment Effective Date.
2.4No Default. No Default shall have occurred and be continuing as of the Fifth Amendment Effective Date.
(b)No Default.No Default or Event of Default has occurred and is continuing as of the date hereof nor will exist immediately after giving effect to this Amendment.
(d)No Default.As of the date hereof, after giving effect to this Amendment, no Default or Event of Default has occurred which is continuing.