Change of Name, Identity or Structure. Borrower shall not change Borrower’s name, identity (including its trade name or names), corporate, partnership or other structure, jurisdiction of formation or organization or Borrower’s organizational identification number without 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 Borrower’s jurisdiction of formation or organization, without first obtaining the prior written consent of Lender, except as otherwise permitted pursuant to Section 5.2.10 of the Loan Agreement. Borrower shall authorize 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 Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.
Appears in 2 contracts
Sources: Deed of Trust and Security Agreement (Maguire Properties Inc), Deed of Trust and Security Agreement
Change of Name, Identity or Structure. Borrower shall not change Borrower’s its name, identity (including its trade name or names), ) or Borrower’s corporate, partnership or other structure, jurisdiction of formation or organization or Borrower’s organizational identification number structure without 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 Borrower’s jurisdiction of formation or organizationstructure, without first obtaining the prior written consent of Lender, except which consent, may be conditioned upon receipt of an updated substantive non-consolidation opinion (if Lender reasonably determines that the same is necessary as otherwise permitted pursuant to Section 5.2.10 a result of the Loan AgreementBorrower’s new structure). Borrower shall authorize 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 Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.
Appears in 2 contracts
Sources: Loan Agreement (OVERSTOCK.COM, Inc), Loan Agreement (Condor Hospitality Trust, Inc.)
Change of Name, Identity or Structure. No Borrower shall not change Borrower’s its name, identity (including its trade name or names), ) or such Borrower's corporate, partnership or other structure, jurisdiction of formation or organization or Borrower’s organizational identification number structure without 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 such Borrower’s structure or Borrower’s jurisdiction of formation or organization's structure, without first obtaining the prior written consent of Lender, except which consent, may be conditioned upon receipt of an updated substantive non-consolidation opinion (if Lender reasonably determines that the same is necessary as otherwise permitted pursuant to Section 5.2.10 a result of the Loan Agreementsuch Borrower's new structure). Each Borrower shall authorize 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, each Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which such Borrower intends to operate the PropertyProperty or Properties owned by such Borrower, and representing and warranting that such Borrower does business under no other trade name with respect to the Propertyor Properties owned by such Borrower.
Appears in 1 contract
Sources: Loan Agreement (Parking REIT, Inc.)
Change of Name, Identity or Structure. Borrower shall not (and shall not permit Mortgage Borrower to) change Borrower’s or Mortgage Borrower’s name, identity (including its trade name or names), corporate, partnership ) or other structure, jurisdiction of formation or organization or Borrower’s organizational identification number convert from a limited liability company structure without 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 Borrower’s jurisdiction of formation or organization, and without first obtaining the prior written consent of Lender; provided, except as otherwise permitted pursuant to Section 5.2.10 however, that each of the Loan AgreementBorrower and Mortgage Borrower shall at all times be a single member Delaware limited liability company. Borrower shall authorize 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 hereinherein and in the other Loan Documents. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Mortgage Borrower intends to operate the Property, and representing and warranting that Mortgage Borrower does business under no other trade name with respect to the Property.
Appears in 1 contract
Change of Name, Identity or Structure. No Borrower shall not change Borrower’s its name, identity (including its trade name or names), ) or such Borrower’s corporate, partnership or other structure, jurisdiction of formation or organization or Borrower’s organizational identification number structure without 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 such Borrower’s structure or Borrower’s jurisdiction of formation or organizationstructure, without first obtaining the prior written consent of Lender, except which consent, may be conditioned upon receipt of an updated substantive non-consolidation opinion (if Lender reasonably determines that the same is necessary as otherwise permitted pursuant to Section 5.2.10 a result of the Loan Agreementany Borrower’s new structure). Each Borrower shall authorize 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▇▇▇▇▇▇, each Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which such Borrower intends to operate the PropertyProperty or Properties owned by such Borrower, and representing and warranting that such Borrower does business under no other trade name with respect to the such Property.
Appears in 1 contract
Sources: Loan Agreement (GTJ Reit, Inc.)
Change of Name, Identity or Structure. Borrower shall not (and shall not permit Senior Borrower to) change Borrower’s or Senior Borrower’s name, identity (including its trade name or names), corporate, partnership ) or other structure, jurisdiction of formation or organization or Borrower’s organizational identification number convert from a limited liability company structure without 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 Borrower’s jurisdiction of formation or organization, and without first obtaining the prior written consent of Lender; provided, except as otherwise permitted pursuant to Section 5.2.10 however, that each of the Loan AgreementBorrower and Senior Borrower shall at all times be a single member Delaware limited liability company. Borrower shall authorize 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 hereinherein and in the other Loan Documents. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Mortgage Borrower intends to operate the Property, and representing and warranting that Mortgage Borrower does business under no other trade name with respect to the Property.
Appears in 1 contract
Sources: Second Mezzanine Loan Agreement (Clipper Realty Inc.)