Common use of Change of Name, Identity or Structure Clause in Contracts

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documents. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 6 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc), Work Letter Agreement (MPG Office Trust, Inc.)

Change of Name, Identity or Structure. Borrower shall not, and shall not cause or permit any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity or Operating Lessee to, change or permit to be changed (a) Borrower’s its name, (b) Borrower’s its identity (including its trade name or names), (c) Borrower’s its principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrowerany Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity, Operating Lessee, or SPE Component Entity (if any), (e) Borrower’s its state of organization, or (f) Borrower’s its organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structureits structure or state of organization, without first obtaining the prior written consent of Lender. In addition, Borrower which consent shall not change be unreasonably withheld, conditioned or permit to be changed any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsdelayed. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends and Ashford Keys Senior Operating Lessee intend to operate maintain the PropertyCollateral, and representing and warranting that Borrower does and Ashford Keys Senior Operating Lessee do business under no other trade name with respect to the PropertyCollateral. If Borrower does or Ashford Keys Senior Operating Lessee do not now have an organizational identification number and later obtains obtain one, or if the organizational identification number assigned to Borrower or Ashford Keys Senior Operating Lessee subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 6 contracts

Samples: Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)

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Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of BorrowerBorrower or each SPE Component Entity (if any), (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structurestructure or state of organization, without first obtaining the prior written consent of Lender. In addition, Borrower which consent shall not change be unreasonably withheld, conditioned or permit to be changed any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsdelayed. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the PropertyProperties, and representing and warranting that Borrower does business under no other trade name with respect to the PropertyProperties. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 6 contracts

Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s 's name, (b) Borrower’s identity (including its trade name or names)) or, (c) if not an individual, Borrower’s principal place of business set forth on the first page of this Agreement, (d) the 's corporate, partnership or other organizational structure of Borrower, without first (ea) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change andchange, (b) taking all action required by Lender for the purpose of perfecting or protecting the lien and security interest of Lender and (c) in the case of a change in Borrower’s 's structure, without first obtaining the prior written consent of Lender. In additionBorrower shall promptly notify Lender in writing of any change in its organizational identification number. If Borrower does not now have an organizational identification number and later obtains one, Borrower shall not change or permit to be changed any promptly notify Lender in writing of such organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereofidentification number. Borrower authorizes Lender shall execute and deliver to file Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement amendment change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 4 contracts

Samples: Electro Scientific Industries Inc, Security Agreement (Glimcher Realty Trust), Security Agreement (Glimcher Realty Trust)

Change of Name, Identity or Structure. Borrower shall not, and shall not cause or permit any Loan Party, Ashford Keys Senior Operating Lessee, Ashford Keys Junior Operating Lessee, Mortgage Borrower SPE Component Entity, Senior Mezzanine Borrower SPE Component Entity or Operating Lessee to, change or permit to be changed (a) Borrower’s its name, (b) Borrower’s its identity (including its trade name or names), (c) Borrower’s its principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrowerany Loan Party, Ashford Keys Senior Operating Lessee, Ashford Keys Junior Operating Lessee, Mortgage Borrower SPE Component Entity, Senior Mezzanine Borrower SPE Component Entity, Operating Lessee, or SPE Component Entity (if any), (e) Borrower’s its state of organization, or (f) Borrower’s its organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structureits structure or state of organization, without first obtaining the prior written consent of Lender. In addition, Borrower which consent shall not change be unreasonably withheld, conditioned or permit to be changed any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsdelayed. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends and Ashford Keys Junior Operating Lessee intend to operate maintain the PropertyCollateral, and representing and warranting that Borrower does and Ashford Keys Junior Operating Lessee do business under no other trade name with respect to the PropertyCollateral. If Borrower does or Ashford Keys Junior Operating Lessee do not now have an organizational identification number and later obtains obtain one, or if the organizational identification number assigned to Borrower or Ashford Keys Junior Operating Lessee subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 4 contracts

Samples: Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Junior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s 's name, (b) Borrower’s 's identity (including its trade name or names), (c) Borrower’s 's principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, (e) Borrower’s 's state of organization, or (f) Borrower’s 's organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s 's structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section Sections 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Propertyunder, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (Maguire Properties Inc), Mezzanine Loan Agreement (Maguire Properties Inc), Senior Mezzanine Loan Agreement (Maguire Properties Inc)

Change of Name, Identity or Structure. Borrower Except as provided in the Loan Agreement, Mortgagor shall not change or permit to be changed (a) BorrowerMortgagor’s name, (b) Borrower’s identity (including its trade name or names)) or, (c) Borrowerif not an individual, Mortgagor’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, without first (ea) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender Mortgagee of such change in writing at least thirty (30) days prior to the effective date of such change andchange, (b) taking all action reasonably required by Mortgagee for the purpose of perfecting or protecting the lien and security interest of Mortgagee and (c) in the case of a change in BorrowerMortgagor’s structure, without first obtaining the prior written consent of LenderMortgagee except as permitted pursuant to the Loan Agreement. In additionMortgagor shall promptly notify Mortgagee in writing of any change in its organizational identification number. If Mortgagor does not now have an organizational identification number and later obtains one, Borrower Mortgagor shall not change promptly notify Mortgagee in writing of such organizational identification number. Mortgagor shall execute and deliver to Mortgagee, prior to or permit to be changed contemporaneously with the effective date of any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file change, any financing statement or financing statement amendment change reasonably required by Lender Mortgagee to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the reasonable request of LenderMortgagee, Borrower Mortgagor shall execute a certificate in form reasonably satisfactory to Lender Mortgagee listing the trade names under which Borrower Mortgagor intends to operate the Property, or cause the Property to be operated, and representing and warranting that Borrower Mortgagor does business under no other trade name with respect to the Property. If Borrower does Property not now have an organizational identification number and later obtains one, or if previously disclosed to the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or changeMortgagee.

Appears in 3 contracts

Samples: And Rents and Security Agreement (Empire State Realty Trust, Inc.), And Rents and Security Agreement (Empire State Realty Trust, Inc.), And Rents and Security Agreement (Empire State Building Associates L.L.C.)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrowerany Loan Party (other than an Affiliated Manager) except in strict compliance with Article VII hereto, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrowera Loan Party’s (other than an Affiliated Manager’s) structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not, and shall not permit any other Loan Party (other than an Affiliated Manager) to, change or permit to be changed any organizational documents of Borrower or any Loan Party (other than an Affiliated Manager and, subject to the provisions of Article VII hereof, Sponsor) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof, without the prior written consent of Lender, or, after the Securitization of the Loan only if Borrower receives written confirmation from each of the applicable Rating Agencies that such amendment would not result in the qualification, withdrawal or downgrade of any rating of any of the Securities,. Borrower authorizes Lender to file file, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Propertyoperate, and representing and warranting that Borrower does business under no other trade name with respect to the Propertyname. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 3 contracts

Samples: Letter Agreement (Ashford Hospitality Trust Inc), Letter Agreement (Ashford Hospitality Trust Inc), Management Agreement (Ashford Hospitality Trust Inc)

Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed changed) Borrower’s, Xxxxxxx’x or any SPE Component Entity’s (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, Agreement or (d) the if not an individual, Borrower’s, Pledgor’s, Additional Obligor’s or any SPE Component Entity’s corporate, partnership or other organizational structure (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal structure of Borrower, (eBorrower itself) Borrower’s or state of organizationformation, or (f) Borrower’s organizational identification numberwithout, without in each case case, notifying Lender of such change in writing at least thirty ten (3010) days Business Days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of LenderLender and a Rating Agency Confirmation with respect thereto. In addition, Borrower shall not change execute and deliver to Lender, prior to or permit to be changed contemporaneously with the effective date of any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file change, any financing statement or financing statement amendment change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity intends to operate the Propertyapplicable Individual Property or the Collateral, and representing and warranting that Borrower Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, applicable Individual Property or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or changeCollateral.

Appears in 3 contracts

Samples: Loan Agreement (Retail Value Inc.), Loan Agreement (Retail Value Inc.), Loan Agreement (DDR Corp)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 3 contracts

Samples: Loan Agreement (AmREIT, Inc.), Loan Agreement (Acadia Realty Trust), Loan Agreement (Gladstone Commercial Corp)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s 's name, (b) Borrower’s 's identity (including its trade name or names), (c) Borrower’s 's principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, (e) Borrower’s 's state of organization, or (f) Borrower’s 's organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s 's structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 2 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Change of Name, Identity or Structure. Borrower shall not, and shall not permit any Borrower Subsidiary to, change or permit to be changed (a) Borrowerany Borrower Entity’s name, (b) Borrower’s identity (including its trade name or names)) or, (c) Borrowerif not an individual, any Borrower Entity’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, and without first obtaining the prior written consent of Lender. In additionBorrower shall, and shall cause each Borrower shall not change Subsidiary to, execute and deliver to Lender, prior to or permit to be changed contemporaneously with the effective date of any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file change, any financing statement or financing statement amendment change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the herein or in any other Loan Documents. At the request of Lender, Borrower shall, and shall cause each Borrower Subsidiary to, execute a certificate in form satisfactory to Lender listing the trade names under which any Borrower Entity intends to operate the each Mortgage Loan or Real Property, and representing and warranting that Borrower does business under no other trade name with respect to the any such Property. If The Borrower does not now have an organizational identification number Entities acknowledge that this Agreement and later obtains one, or if the organizational identification number assigned chart attached hereto as Schedule 3.1.14 were negotiated to Borrower subsequently changesprovide Lender with security for and protections with regard to repayment of the Loan. Other than as permitted in this Agreement or an Approved Annual Budget, the Borrower shall promptly notify Lender of such not, and shall not permit any Borrower Subsidiary to, amend, modify or otherwise alter the ownership structure set forth on Schedule 3.1.14 or any Borrower Entity’s organizational identification number or changedocuments without Lender’s prior written consent, in each instance, in its sole and absolute discretion.

Appears in 2 contracts

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

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its Borrower’s trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, the Mortgage or any UCC-1 Financing Statements, (d) the corporate, partnership partnership, limited liability company or other organizational structure of Borrower (provided that any Transfer permitted under the terms of this Loan Agreement or otherwise consented to by Bank shall not be deemed a change in the Borrower’s organizational structure under this Section 6.2), (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender Bank of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of LenderBank. In addition, Borrower shall not change or permit to be changed any organizational documents Organizational Documents of Borrower or such person if such change would materially and adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender shall execute and deliver to file Bank, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement amendment reasonably required by Lender Bank to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of LenderBank, Borrower shall execute a certificate in form reasonably satisfactory to Lender Bank listing the trade names under which Borrower intends to operate the Propertyunder, and representing and warranting that Borrower does business under no other trade name with respect to the Propertyname. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender Bank of such organizational identification number or change. Notwithstanding anything to the contrary contained herein, Bank hereby agrees that Borrower Member may change its name and/or dissolve, provided that, in connection with any such dissolution, all of Borrower Member’s interest in each Borrower is assigned and transferred to REIT Operating Partnership.

Appears in 2 contracts

Samples: Loan Agreement (City Office REIT, Inc.), Loan Agreement (City Office REIT, Inc.)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s 's name, (b) Borrower’s 's identity (including its trade name or names)) although Borrower may change the name of any Parcel without prior notice to, or the consent of, Lender, (c) Borrower’s 's principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s 's state of organization, or (f) Borrower’s 's organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s 's structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 2 contracts

Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s 's name, (b) Borrower’s 's identity (including its trade name or names), (c) Borrower’s 's principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s 's state of organization, or (f) Borrower’s 's organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s 's structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 2 contracts

Samples: Loan Agreement (Manufactured Home Communities Inc), Loan Agreement (Manufactured Home Communities Inc)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s its name, (b) Borrower’s its identity (including its trade name or names), (c) Borrower’s its principal place of business set forth on the first page of this Agreementbusiness, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact violate the covenants set forth in Section 6.1 6.01 and Section 6.4 6.04 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment reasonably required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the reasonable request of Lender, Borrower shall execute a certificate in form reasonably satisfactory to Lender listing the trade names under which Borrower intends to operate the each Individual Property, and representing and warranting that Borrower does business under no other trade name with respect to the Individual Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 2 contracts

Samples: Loan Agreement (Bon Ton Stores Inc), Loan Agreement (Bon Ton Stores Inc)

Change of Name, Identity or Structure. No Borrower shall not change or permit to be changed (a) such Borrower’s name, (b) such Borrower’s identity (including its trade name or names), (c) such Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of such Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) such Borrower’s state of organization, or (f) such Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in any Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, no Borrower shall not change or permit to be changed any organizational documents of any Borrower or any SPE Component Entity (if any) if such change would violate, cause such organizational documents to conflict with, or otherwise adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Borrowers authorize Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, each Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which such Borrower intends to operate the related Individual Property, and representing and warranting that such Borrower does business under no other trade name with respect to the related Individual Property. If any Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to such Borrower subsequently changes, such Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 2 contracts

Samples: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names)) although Borrower may change the name of any Individual Property without prior notice to, or the consent of, Lender, (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section Sections 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 2 contracts

Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would violate, cause such organizational documents to conflict with, or otherwise adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the related Individual Property, and representing and warranting that Borrower does business under no other trade name with respect to the related Individual Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Loan Agreement (Extra Space Storage Inc.)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s 's name, (b) Borrower’s 's identity (including its trade name or names), (c) Borrower’s 's principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s 's state of organization, or (f) Borrower’s 's organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s 's structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender shall execute and deliver to file Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational organization identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or changenumber.

Appears in 1 contract

Samples: Loan Agreement (New Plan Excel Realty Trust Inc)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its Borrower’s trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, the Mortgage or any UCC-1 Financing Statements, (d) the corporate, partnership partnership, limited liability company or other organizational structure of Borrower (provided that any Transfer permitted under the terms of this Loan Agreement or otherwise consented to by Bank shall not be deemed a change in the Borrower’s organizational structure under this Section 6.2), (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender Bank of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of LenderBank. In addition, Borrower shall not change or permit to be changed any organizational documents Organizational Documents of Borrower or such person if such change would materially and adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender shall execute and deliver to file Bank, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement amendment reasonably required by Lender Bank to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of LenderBank, Borrower shall execute a certificate in form reasonably satisfactory to Lender Bank listing the trade names under which Borrower intends to operate the Propertyunder, and representing and warranting that Borrower does business under no other trade name with respect to the Propertyname. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender Bank of such organizational identification number or change. Notwithstanding anything to the contrary contained herein, Bank hereby agrees that Borrower General Partner may change its name and/or dissolve, provided that, in connection with any such dissolution, all of Borrower General Partner’s partnership interest in Borrower is assigned and transferred to REIT Operating Partnership.

Appears in 1 contract

Samples: Loan Agreement (City Office REIT, Inc.)

Change of Name, Identity or Structure. Borrower Mortgagor shall not change or permit to be changed (a) BorrowerMortgagor’s name, (b) Borrower’s identity (including its trade name or names)) or, (c) Borrowerif not an individual, Mortgagor’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, without first (ea) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender Mortgagee of such change in writing at least thirty (30) days prior to the effective date of such change andchange, (b) taking all reasonable action required by Mortgagee for the purpose of perfecting or protecting the Lien and security interest of Mortgagee and (c) in the case of a change in BorrowerMortgagor’s structure, without first obtaining the prior written consent of LenderMortgagee but only to the extent required under the Project Loan Agreement. In additionMortgagor shall promptly notify Mortgagee in writing of any change in its organizational identification number. If Mortgagor does not now have an organizational identification number and later obtains one, Borrower Mortgagor shall not change promptly notify Mortgagee in writing of such organizational identification number. Mortgagor shall execute and deliver to Mortgagee, prior to or permit to be changed contemporaneously with the effective date of any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file change, any financing statement or financing statement amendment change reasonably required by Lender Mortgagee to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of LenderMortgagee, Borrower Mortgagor shall execute a certificate in form reasonably satisfactory to Lender Mortgagee listing the trade names under which Borrower Mortgagor intends to operate the Property, and representing and warranting that Borrower Mortgagor does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Leases and Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.)

Change of Name, Identity or Structure. Borrower Mortgagor shall not change or permit to be changed (a) BorrowerMortgagor’s name, (b) Borrower’s identity (including its trade name or names)) or, (c) Borrowerif not an individual, Mortgagor’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, without first (ea) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender Mortgagee of such change in writing at least thirty (30) days prior to the effective date of such change andchange, (b) taking all reasonable action required by Mortgagee for the purpose of perfecting or protecting the Lien and security interest of Mortgagee and (c) in the case of a change in BorrowerMortgagor’s structure, without first obtaining the prior written consent of LenderMortgagee but only to the extent required under the Senior Loan Agreement. In additionMortgagor shall promptly notify Mortgagee in writing of any change in its organizational identification number. If Mortgagor does not now have an organizational identification number and later obtains one, Borrower Mortgagor shall not change promptly notify Mortgagee in writing of such organizational identification number. Mortgagor shall execute and deliver to Mortgagee, prior to or permit to be changed contemporaneously with the effective date of any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file change, any financing statement or financing statement amendment change reasonably required by Lender Mortgagee to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of LenderMortgagee, Borrower Mortgagor shall execute a certificate in form reasonably satisfactory to Lender Mortgagee listing the trade names under which Borrower Mortgagor intends to operate the Property, and representing and warranting that Borrower Mortgagor does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s 's name, (b) Borrower’s identity (including its trade name or names)) or, (c) if not an individual, Borrower’s principal place of business set forth on the first page of this Agreement, (d) the 's corporate, partnership or other organizational structure of Borrower, without first (ea) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change andchange, (b) taking all action required by Lender for the purpose of perfecting or protecting the lien and security interest of Lender and (c) in the case of a change in Borrower’s 's structure, without first obtaining the prior written consent of Lender; provided, however that in connection with any such change in Borrower's name or corporate identity Borrower shall have no obligation to pay to Lender a transfer fee. In additionBorrower shall promptly notify Lender in writing of any change in its organizational identification number. If Borrower does not now have an organizational identification number and later obtains one, Borrower shall not change or permit to be changed any promptly notify Lender in writing of such organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereofidentification number. Borrower authorizes Lender shall execute and deliver to file Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement amendment change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Cedar Shopping Centers Inc)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreementbusiness, (d) the corporate, partnership or other organizational corporate structure of Borrower, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 section 5.3 and Section 6.4 hereofthis section 5.4. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under in any of the Loan Documents. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Loan Agreement (Prime Group Realty Trust)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of BorrowerBorrower or each SPE Component Entity, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.. Confidential Treatment Requested by BANA XXXX-Xxxx-00125

Appears in 1 contract

Samples: Loan Agreement (Sothebys)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s 's name, (b) Borrower’s identity (including its trade name or names)) or, (c) if not an individual, Borrower’s principal place of business set forth on the first page of this Agreement, (d) the 's corporate, partnership or other organizational structure of Borrower, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s 's structure, without first obtaining the prior written consent of Lender, except as otherwise permitted pursuant to Section 5.2.10 of the Loan Agreement. In addition, Borrower shall not change execute and deliver to Lender, prior to or permit to be changed contemporaneously with the effective date of any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file change, any financing statement or financing statement amendment change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under herein. Borrower hereby authorizes Xxxxxx at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable law, as applicable to all or part of the Loan DocumentsCollateral. Borrower hereby authorizes Lender and its counsel to file Uniform Commercial Code financing statements in form and substance satisfactory to Lender describing as the collateral covered thereby “all assets of the debtor, whether now owned or existing or hereafter acquired or arising and all proceeds and products thereof, including, without limitation, all fixtures on the Land” or words to that effect, and any limitations on such collateral description, notwithstanding that such collateral description may be broader in scope than the Collateral described in this Security Instrument. At the request of LenderXxxxxx, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Glimcher Realty Trust)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names, it being understood that Borrower operates the Property as International Floral and Gift Center), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender shall execute and deliver to file Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational organization identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or changenumber.

Appears in 1 contract

Samples: Loan Agreement (CNL Income Properties Inc)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), but subject to Borrower’s rights pursuant to Article 7 of this Agreement, or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest interests granted under to Lender in the Loan Documents. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Loan Agreement (Sunstone Hotel Investors, Inc.)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, Mortgage Borrower, Mortgage SPE Component Entity, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s, Mortgage Borrower’s or Mortgage SPE Component Entity’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents Organizational Documents of Borrower Borrower, Mortgage Borrower, Mortgage SPE Component Entity or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Mortgage Borrower intends intend to operate the PropertyProperties, and representing and warranting that Mortgage Borrower does business under no other trade name with respect to the PropertyProperties. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capital Lodging)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change. Nothing in this Section 6.2 shall be deemed to restrict any express rights granted to Borrower under Article 7 hereof.

Appears in 1 contract

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends intend to operate the PropertyProperties, and representing and warranting that Borrower does business under no other trade name with respect to the PropertyProperties. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Loan Agreement (Capital Lodging)

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Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrowerany Loan Party (other than an Affiliated Manager) except in strict compliance with Article VII hereto, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrowera Loan Party’s (other than an Affiliated Manager’s) structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not, and shall not permit any other Loan Party (other than an Affiliated Manager) to, change or permit to be changed any organizational documents of Borrower or any Loan Party (other than an Affiliated Manager and, subject to the provisions of Article VII hereof, Sponsor) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof, without the prior written consent of Lender, or, after the Securitization of the Loan only if Borrower receives written confirmation from each of the applicable Rating Agencies that such amendment would not result in the qualification, withdrawal or downgrade of any rating of any of the Securities. Borrower authorizes Lender to file file, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Propertyoperate, and representing and warranting that Borrower does business under no other trade name with respect to the Propertyname. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Management Agreement (Ashford Hospitality Trust Inc)

Change of Name, Identity or Structure. Borrower shall will not change or permit to be changed (a) ------------------------------------- Borrower’s 's name, (b) Borrower’s identity (including its trade name or names)) or, (c) if not an individual, Borrower’s principal place of business set forth on the first page of this Agreement's corporate, (d) the corporatelimited liability company, partnership or other organizational structure of Borrower, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s 's structure, without first obtaining the prior written consent of Lender. In addition, Borrower Lender which consent shall not be unreasonably withheld or delayed (it being acknowledged and agreed that it shall be reasonable for Lender to withhold such consent if (1) Lender determines that such change does not meet rating agency standards for "single purpose entities" or permit to be changed any organizational documents would have the effect of permitting a transfer or change of control of Borrower or if its affiliates which would otherwise be prohibited hereunder or (2) following the sale of the Note and this Security Instrument in a securitization transaction, Lender does not receive a letter from each Rating Agency (hereinafter defined) that such change would adversely impact the covenants set forth will not result in Section 6.1 and Section 6.4 hereofa qualification, withdrawal or downgrade of any rating then assigned by such Rating Agency to any class of Securities). Borrower authorizes Lender will execute and deliver to file Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement amendment change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Trust and Security Agreement (Archon Corp)

Change of Name, Identity or Structure. Borrower Mortgagor shall not change or permit to be changed (a) Borrower’s Mortgagor's name, (b) Borrower’s identity (including its trade name or names)) or, (c) Borrower’s principal place of business set forth on the first page of this Agreementif not an individual, (d) the Mortgagor's corporate, partnership or other organizational structure of Borrower, except as expressly permitted under the Building Loan Agreement without first (ea) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender Mortgagee of such change in writing at least thirty (30) days prior to the effective date of such change and, change; (b) taking all action reasonably required by Mortgagee for the purpose of perfecting or protecting the lien and security interest of Mortgagee; and (c) in the case of a change in Borrower’s structureMortgagor's structure other than as expressly permitted under the Building Loan Agreement, without first obtaining the prior written consent of LenderMortgagee. In additionMortgagor shall promptly notify Mortgagee in writing of any change in its organizational identification number. If Mortgagor does not now have an organizational identification number and later obtains one, Borrower Mortgagor shall not change promptly notify Mortgagee in writing of such organizational number. Mortgagor shall execute and deliver to Mortgagee, prior to or permit to be changed contemporaneously with the effective date of any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file change, any financing statement or financing statement amendment change reasonably required by Lender Mortgagee to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of LenderMortgagee, Borrower Mortgagor shall execute a certificate in form reasonably satisfactory to Lender Mortgagee listing the trade names under which Borrower Mortgagor intends to operate the Property, and representing and warranting that Borrower Mortgagor does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Security Agreement (Alexanders Inc)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the each Property, and representing and warranting that Borrower does business under no other trade name with respect to the such Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Loan Agreement (RFS Partnership Lp)

Change of Name, Identity or Structure. Borrower Mortgagor shall not change or permit to be changed (a) BorrowerMortgagor’s name, (b) Borrower’s identity (including its trade name or names)) or, (c) Borrowerif not an individual, Mortgagor’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, without first (ea) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender Mortgagee of such change in writing at least thirty (30) days prior to the effective date of such change andchange, (b) taking all reasonable action required by Mortgagee for the purpose of perfecting or protecting the Lien and security interest of Mortgagee and (c) in the case of a change in BorrowerMortgagor’s structure, without first obtaining the prior written consent of LenderMortgagee but only to the extent required under the Building Loan Agreement. In additionMortgagor shall promptly notify Mortgagee in writing of any change in its organizational identification number. If Mortgagor does not now have an organizational identification number and later obtains one, Borrower Mortgagor shall not change promptly notify Mortgagee in writing of such organizational identification number. Mortgagor shall execute and deliver to Mortgagee, prior to or permit to be changed contemporaneously with the effective date of any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file change, any financing statement or financing statement amendment change reasonably required by Lender Mortgagee to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of LenderMortgagee, Borrower Mortgagor shall execute a certificate in form reasonably satisfactory to Lender Mortgagee listing the trade names under which Borrower Mortgagor intends to operate the Property, and representing and warranting that Borrower Mortgagor does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) other than as expressly permitted pursuant to Article 7 hereof, the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, other than as expressly permitted pursuant to Article 7 hereof, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender shall execute and deliver to file Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational organization identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or changenumber.

Appears in 1 contract

Samples: Loan Agreement (Bedford Property Investors Inc/Md)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change. Nothing in this Section 6.2 shall be deemed to restrict, any express rights granted to Borrower under Article 7 hereof.

Appears in 1 contract

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Change of Name, Identity or Structure. (a) Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of BorrowerBorrower or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structurestructure (except as provided herein with respect to transfers set forth in Article 7), without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change. In connection with all requests for approvals or consents by Lender pursuant to this Section 6.2, the Lender’s approval shall be deemed granted if not disapproved in writing within ten (10) Business Days of Lender’s receipt of written request for such approval in an envelope marked “LENDER’S RESPONSE IS REQUIRED WITHIN TEN (10) BUSINESS DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF THE LOAN AGREEMENT” together with all other information and documentation related thereto reasonably requested by Lender.

Appears in 1 contract

Samples: Loan Agreement (Strategic Storage Trust, Inc.)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s 's name, (b) Borrower’s 's identity (including its trade name or names), (c) Borrower’s 's principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s 's state of organization, or (f) Borrower’s 's organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s 's structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Loan Agreement (Ashworth Inc)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names)) although Borrower may change the name of any Parcel without prior notice to, or the consent of, Lender, (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Loan Agreement (Sun Communities Inc)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s 's name, (b) Borrower’s 's identity (including its trade name or names)) although Borrower may change the name of the Property without prior notice to, or the consent of, Lender, (c) Borrower’s 's principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s 's state of organization, or (f) Borrower’s 's organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s 's structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Loan Agreement (Sun Communities Inc)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, the sole member of Borrower, or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or the sole member of Borrower if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Loan Agreement (American Assets Trust, Inc.)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, or SPE Component Entity, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or SPE Component Entity if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Loan Agreement (Consolidated Tomoka Land Co)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrowerany Borrower Party (except in strict compliance with Article VII hereof), (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrowerany Borrower Party’s structure, without first obtaining the prior written consent of Lender. Maryland Owner shall not change or permit to be changed (a) Maryland Owner’s name, (b) Maryland Owner’s identity (including its trade name or names), (c) Maryland Owner’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of any Borrower Party (except in strict compliance with Article VII hereof), (e) Maryland Owner’s state of organization, or (f) Maryland Owner’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in any Borrower Party’s structure, without first obtaining the prior written consent of Lender. In addition, no Borrower Party shall not change or permit to be changed any organizational documents of any Borrower Party (except in strict compliance with Article VII hereof), without the prior written consent of Lender, and, after the Securitization of the Loan, written confirmation from each of the applicable Rating Agencies that such amendment would not result in the qualification, withdrawal or if such change would adversely impact downgrade of any rating of any of the covenants set forth in Section 6.1 and Section 6.4 hereofSecurities. Borrower authorizes and Maryland Owner authorize Lender to file file, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower and Maryland Owner shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower and Maryland Owner intends to operate the Property, and representing and warranting that Borrower and Maryland Owner does business under no other trade name with respect to the Property. If Borrower or Maryland Owner does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower or Maryland Owner subsequently changes, Borrower or Maryland Owner shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Mortgage Loan Agreement (Ashford Hospitality Trust Inc)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, or Borrower Principal, (ec) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change. Nothing in this Section 6.2 shall be deemed to restrict any express rights granted to Borrower under Article 7 hereof.

Appears in 1 contract

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Guarantor, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the PropertyIndividual Properties, and representing and warranting that Borrower does business under no other trade name with respect to the PropertyIndividual Properties. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Term Loan Agreement (Developers Diversified Realty Corp)

Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, or Borrower Principal, (e) Borrower’s state province of organization, or (f) Borrower’s organizational identification number, if applicable, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted under the Loan Documentsherein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property. If Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change. Nothing in this Section 6.2 shall be deemed to restrict any express rights granted to Borrower under Article 7 hereof.

Appears in 1 contract

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

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