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 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 or state of organization, without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. 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 Properties, and representing and warranting that Borrower does business under no other trade name with respect to the 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 6 contracts
Sources: 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 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 each SPE Component Entity (if any)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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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, conditioned or delayedperfection 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
Sources: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties 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 any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity, Operating Lessee, or each 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 its structure or state of organization, without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. 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 PropertiesCollateral, and representing and warranting that Borrower does and Ashford Keys Senior Operating Lessee do business under no other trade name with respect to the PropertiesCollateral. 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
Sources: Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Senior 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 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 or each SPE Component Entity without first (if any), (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 structure or state of organization's structure, without first obtaining the prior written consent of Lender. Borrower 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, which consent Borrower shall not be unreasonably withheldpromptly notify Lender in writing of such organizational identification number. Borrower shall execute and deliver to Lender, conditioned prior to or delayedcontemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the 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 changeProperty.
Appears in 4 contracts
Sources: Deed of Trust (Electro Scientific Industries Inc), Mortgage, Assignment of Leases and Rents and Security Agreement (Glimcher Realty Trust), Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Glimcher Realty Trust)
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 or each SPE Component Entity (if any)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 structure or state of organization's structure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents of Borrower if such change would adversely impact the covenants set forth in Sections 6.1 and 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, conditioned or delayedperfection and priority of the security interest granted herein. 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 Propertiesunder, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
Sources: Mezzanine Loan Agreement (Maguire Properties Inc), Senior Mezzanine Loan Agreement (Maguire Properties Inc), Junior Mezzanine Loan Agreement (Maguire Properties Inc)
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 any 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 each 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 its structure or state of organization, without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. 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 PropertiesCollateral, and representing and warranting that Borrower does and Ashford Keys Junior Operating Lessee do business under no other trade name with respect to the PropertiesCollateral. 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
Sources: 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 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 each SPE Component Entity any Loan Party (if any)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 structure or state of organization(other than an Affiliated Manager’s) structure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not, and shall not permit any other Loan Party (other than an Affiliated Manager) to, change or permit to be unreasonably withheldchanged any organizational documents of any Loan Party (other than an Affiliated Manager and, conditioned 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 delayeddowngrade of any rating of any of the Securities,. Borrower authorizes Lender to 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 herein. 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 Propertiesoperate, and representing and warranting that Borrower does business under no other trade name with respect to the Propertiesname. 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
Sources: Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), 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 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, 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
Sources: Loan Agreement (AmREIT, Inc.), Loan Agreement (Gladstone Commercial Corp), Loan Agreement (Acadia Realty Trust)
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 or each SPE Component Entity (if any)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 structure or state of organization's structure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
Sources: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties 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 or 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 structure or state of organization's structure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
Sources: 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 or 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 structure or state of organization's structure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
Sources: Loan Agreement (Manufactured Home Communities Inc), Loan Agreement (Manufactured Home Communities 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 Borrower or 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent no Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents of any Borrower or any SPE Component Entity (if any) if such change would violate, conditioned cause such organizational documents to conflict with, or delayedotherwise adversely impact the covenants set forth in Section 6.1 hereof. 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 herein. 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 Propertiesrelated Individual Property, and representing and warranting that such Borrower does business under no other trade name with respect to the Propertiesrelated 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
Sources: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage 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 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 structure or state of organization, and without first obtaining the prior written consent of Lender. Borrower shall, which consent and shall not be unreasonably withheldcause each Borrower Subsidiary to, conditioned execute and deliver to Lender, prior to or delayedcontemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted 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 Propertieseach Mortgage Loan or Real Property, and representing and warranting that Borrower does business under no other trade name with respect to the Propertiesany 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
Sources: 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 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 or 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents of Borrower or any SPE Component Entity (if any) if such change would violate the covenants set forth in Section 6.01 and Section 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, conditioned or delayedperfection and priority of the security interest granted herein. 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 Propertieseach Individual Property, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesIndividual 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
Sources: Loan Agreement (Bon Ton Stores Inc), Loan Agreement (Bon Ton Stores 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 each SPE Component Entity (if anyotherwise 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 or state of organizationstructure, without first obtaining the prior written consent of LenderBank. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any Organizational Documents of such person if such change would materially and adversely impact the covenants set forth in Section 6.1 hereof. Borrower shall execute and deliver to Bank, conditioned prior to or delayedcontemporaneously with the effective date of any such change, any financing statement or financing statement amendment reasonably required by Bank to establish or maintain the validity, perfection and priority of the security interest granted herein. 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 Propertiesunder, and representing and warranting that Borrower does business under no other trade name with respect to the Propertiesname. 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
Sources: 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 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 or 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Sections 6.1 and 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
Sources: 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 or each SPE Component Entity (if any)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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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 ▇▇▇▇-▇▇▇▇-00125
Appears in 1 contract
Sources: 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 '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 or 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 structure or state of organization's structure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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 hereof. Borrower shall execute and deliver to Lender, conditioned prior to or delayedcontemporaneously 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 herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
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, 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents of Borrower or any SPE Component Entity (if any) if such change would violate, conditioned cause such organizational documents to conflict with, or delayedotherwise adversely impact the covenants set forth in Section 6.1 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 herein. 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 Propertiesrelated Individual Property, and representing and warranting that Borrower does business under no other trade name with respect to the Propertiesrelated 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
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, 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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, conditioned or delayedperfection and priority of the security interest granted herein. 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 Properties, and representing and warranting that Borrower does business under no other trade name with respect to the 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
Sources: Loan Agreement (Capital Lodging)
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 or 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 structure or state of organization's structure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
Sources: 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), (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, 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 structure or state of organizationMortgage SPE Component Entity’s structure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any Organizational Documents of Borrower, conditioned Mortgage Borrower, Mortgage SPE Component Entity or delayedany 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 herein. 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 Properties, and representing and warranting that Mortgage Borrower does business under no other trade name with respect to the 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
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 or each SPE Component Entity (if any)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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents 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, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
Sources: 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)) 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 or 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
Sources: 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 or 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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, conditioned or delayedperfection and priority of the security interest granted herein. 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 Individual Properties, and representing and warranting that Borrower does business under no other trade name with respect to the Individual 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
Sources: 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, 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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, conditioned or delayedperfection and priority of the security interest granted herein. 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 Propertieseach Property, and representing and warranting that Borrower does business under no other trade name with respect to the Propertiessuch 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
Sources: Loan Agreement (RFS Partnership Lp)
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, 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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 hereof. Borrower shall execute and deliver to Lender, conditioned prior to or delayedcontemporaneously 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 herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
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 or each SPE Component Entity (if any)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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents 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, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
Sources: 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 '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 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 structure or state of organization's structure, without first obtaining the prior written consent of Lender, which consent except as otherwise permitted pursuant to Section 5.2.10 of the Loan Agreement. Borrower shall not execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. Borrower hereby authorizes ▇▇▇▇▇▇ 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 Collateral. 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 unreasonably withheld, conditioned or delayedbroader in scope than the Collateral described in this Security Instrument. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the 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 changeProperty.
Appears in 1 contract
Sources: Deed of Trust, Security Agreement and Fixture Filing (Glimcher Realty Trust)
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 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 structure or state of organization's structure, without first obtaining the prior written consent of Lender, Lender which consent shall not be unreasonably withheldwithheld 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 would have the effect of permitting a transfer or change of control of Borrower or its affiliates which would otherwise be prohibited hereunder or (2) following the sale of the Note and this Security Instrument in a securitization transaction, conditioned Lender does not receive a letter from each Rating Agency (hereinafter defined) that such change will not result in a qualification, withdrawal or delayeddowngrade of any rating then assigned by such Rating Agency to any class of Securities). Borrower will execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the 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 changeProperty.
Appears in 1 contract
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 each SPE Component Entity any Loan Party (if any)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 structure or state of organization(other than an Affiliated Manager’s) structure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not, and shall not permit any other Loan Party (other than an Affiliated Manager) to, change or permit to be unreasonably withheldchanged any organizational documents of any Loan Party (other than an Affiliated Manager and, conditioned 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 delayeddowngrade of any rating of any of the Securities. Borrower authorizes Lender to 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 herein. 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 Propertiesoperate, and representing and warranting that Borrower does business under no other trade name with respect to the Propertiesname. 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
Sources: 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 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 Borrower, or each SPE Component Entity (if any)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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents of Borrower or SPE Component Entity if such change would adversely impact the covenants set forth in Section 6.1 and 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
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 or each SPE Component Entity (if any)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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents 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, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
Sources: 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 Borrower or each SPE Component Entity (if any)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 or state of organization(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 if such change would adversely impact the covenants set forth in Section 6.1 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 herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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.
(b) Master Lessee shall not change or permit to be changed (a) Master Lessee’s name, (b) Master Lessee’s identity (including its trade name or names), (c) Master Lessee’s principal place of business set forth in this Agreement, (d) the corporate, partnership or other organizational structure of Master Lessee, (e) Master Lessee’s state of organization, or (f) Master Lessee’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 Master Lessee’s structure, without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. In addition, Master Lessee shall not change or permit to be changed any organizational documents of Master Lessee if such change would adversely impact the covenants set forth in Section 6.1 hereof. At the request of Lender, Master Lessee shall execute a certificate in form satisfactory to Lender listing the trade names under which Master Lessee intends to operate the Property, and representing and warranting that Master Lessee does business under no other trade name with respect to the Property. If Master Lessee does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Master Lessee subsequently changes, Master Lessee 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
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 or 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
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 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 structure or state of organization's structure, without first obtaining the prior written consent of Lender, which consent except as otherwise permitted pursuant to Section 5.2.10 of the Loan Agreement. Borrower shall not execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. Borrower hereby authorizes Lender 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 Collateral. 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 unreasonably withheld, conditioned or delayedbroader in scope than the Collateral described in this Security Instrument. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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.9 Section 3.9
Appears in 1 contract
Sources: Deed of 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, or Borrower or each SPE Component Entity (if any)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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents 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, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
Sources: 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 or each SPE Component Entity (if any)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 or state of organization, without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. 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 Properties, and representing and warranting that Borrower does business under no other trade name with respect to the 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
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 each SPE Component Entity (if anyotherwise 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 or state of organizationstructure, without first obtaining the prior written consent of LenderBank. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any Organizational Documents of such person if such change would materially and adversely impact the covenants set forth in Section 6.1 hereof. Borrower shall execute and deliver to Bank, conditioned prior to or delayedcontemporaneously with the effective date of any such change, any financing statement or financing statement amendment reasonably required by Bank to establish or maintain the validity, perfection and priority of the security interest granted herein. 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 Propertiesunder, and representing and warranting that Borrower does business under no other trade name with respect to the Propertiesname. 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
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, 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, conditioned or delayedperfection and priority of the security interests granted 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
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)) or, (c) if not an individual, 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 each SPE Component Entity without first (if any), (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 structure or state of organizationstructure, without first obtaining the prior written consent of Lender; provided, which consent 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. Borrower shall promptly notify Lender in writing of any change in its organizational identification number. If Borrower does not be unreasonably withheldnow have an organizational identification number and later obtains one, conditioned Borrower shall promptly notify Lender in writing of such organizational identification number. Borrower shall execute and deliver to Lender, prior to or delayedcontemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the 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 changeProperty.
Appears in 1 contract
Sources: 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 Agreement, (d) the corporate, partnership or other organizational structure of any Borrower or each SPE Component Entity Party (if anyexcept 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 or state of organizationstructure, without first obtaining the prior written consent of Lender, which consent . Maryland Owner shall not change or permit to be unreasonably withheldchanged
(a) Maryland Owner’s name, conditioned (b) Maryland Owner’s identity (including its trade name or delayednames), (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 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 downgrade of any rating of any of the Securities. Borrower and Maryland Owner authorize Lender to 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 herein. 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 PropertiesProperty, and representing and warranting that Borrower and Maryland Owner does business under no other trade name with respect to the PropertiesProperty. 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
Sources: 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, the sole member of Borrower, or Borrower or each SPE Component Entity (if any)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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
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 or 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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 6.4 hereof. Borrower shall execute and deliver to Lender, conditioned prior to or delayedcontemporaneously 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 herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
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 or 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 structure or state of organization's structure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged 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, conditioned or delayedperfection and priority of the security interest granted herein. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. 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
Sources: Loan Agreement (Sun Communities Inc)