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

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other 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 or the SPE Component Entity’s structure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower shall 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 or the SPE Component Entity intends to operate the Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Property.

Appears in 4 contracts

Sources: Loan Agreement (Independence Realty Trust, Inc), Loan Agreement (Independence Realty Trust, Inc), Loan Agreement (Independence Realty Trust, Inc)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without 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 or the any SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower shall execute and deliver to authorize Lender, prior to or contemporaneously with the effective date of any such change, to file 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 or the any applicable SPE Component Entity intends to operate own the PropertyCollateral, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the PropertyCollateral.

Appears in 4 contracts

Sources: Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without 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 or the SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender (not to be unreasonably withheld, conditioned or delayed) and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower shall 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 reasonably satisfactory to Lender listing the trade names under which Borrower or the SPE Component Entity intends to operate the applicable Individual Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the applicable Individual Property.

Appears in 4 contracts

Sources: Loan Agreement (American Finance Trust, Inc), Loan Agreement (American Realty Capital New York City REIT, Inc.), Loan Agreement (American Realty Capital New York City REIT, Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without 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 or the SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower shall 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 or the SPE Component Entity intends to operate the PropertyCollateral, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the PropertyCollateral.

Appears in 4 contracts

Sources: Mezzanine Loan Agreement (NorthStar Healthcare Income, Inc.), Mezzanine Loan Agreement (Northstar Realty Finance Corp.), Mezzanine Loan Agreement (Northstar Realty Finance Corp.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without 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 or the any SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender and, if required by LenderL▇▇▇▇▇, a Rating Agency Confirmation with respect thereto. Borrower shall 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 LenderL▇▇▇▇▇, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower or the any applicable SPE Component Entity intends to operate the applicable Individual Property, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the applicable Individual Property. Any Borrower that is a Delaware limited liability company shall at all times remain a Delaware single-member limited liability company.

Appears in 3 contracts

Sources: Loan Agreement (Industrial Logistics Properties Trust), Loan Agreement (Industrial Logistics Properties Trust), Loan Agreement (Industrial Logistics Properties Trust)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without 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 or the SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower shall 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 or the SPE Component Entity intends to operate the Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Property.

Appears in 3 contracts

Sources: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s ’s, ▇▇▇▇▇▇▇’▇ or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s, Pledgor’s, Additional Obligor’s or the any SPE Component Entity’s corporate, partnership or other structurestructure (which, without for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal structure of Borrower itself) or state of formation, without, in each case, notifying Lender of such change in writing at least thirty ten (3010) days Business Days prior to the effective date of such change and, in the case of a change in Borrower’s or the SPE Component Entity’s structure, without first obtaining the prior written consent of Lender and, if required by Lender, and a Rating Agency Confirmation with respect thereto. Borrower shall 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 Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity intends to operate the Propertyapplicable Individual Property or the Collateral, and representing and warranting that Borrower Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity does business under no other trade name with respect to the Propertyapplicable Individual Property or the Collateral.

Appears in 3 contracts

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

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other 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 or the SPE Component Entity’s structure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower shall 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 or the SPE Component Entity intends to operate the Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Property.

Appears in 2 contracts

Sources: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without without, in each case, notifying Lender Administrative Agent 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 or the any SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender Administrative Agent and, if required by LenderAdministrative Agent, a Rating Agency Confirmation with respect thereto. Borrower shall execute and deliver to Lenderauthorize Administrative Agent, prior to or contemporaneously with the effective date of any such change, to file any financing statement or financing statement change required by Lender Administrative Agent to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of LenderAdministrative Agent, Borrower shall execute a certificate in form satisfactory to Lender Administrative Agent listing the trade names under which Borrower or the any applicable SPE Component Entity intends to operate the Property, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the Property.

Appears in 2 contracts

Sources: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Change of Name, Identity or Structure. Except as expressly permitted in pursuant to Section 6.36.3 hereof, Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) state in which its principal place of business is located as set forth on the first page of this Agreement or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure, without notifying Lender Administrative Agent 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 or the SPE Component Entity’s structure, without first obtaining the prior written consent of Requisite Lenders (which consent must include the consent of any Lender andthen acting as Administrative Agent), if required by Lendersuch consent not to be unreasonably withheld, a Rating Agency Confirmation with respect theretoconditioned or delayed. Borrower shall execute and deliver to LenderAdministrative Agent, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender Administrative Agent to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of LenderAdministrative Agent, Borrower shall execute a certificate in form satisfactory to Lender Administrative Agent listing the trade names under which Borrower or the SPE Component Entity intends to operate the Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Property.

Appears in 2 contracts

Sources: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without 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 or the SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower shall 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 or the SPE Component Entity intends to operate the applicable Individual Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the applicable Individual Property.

Appears in 2 contracts

Sources: Loan Agreement (NorthStar Healthcare Income, Inc.), Loan Agreement (Northstar Realty Finance Corp.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without 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 or the any SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender and, if required by LenderL▇▇▇▇▇, a Rating Agency Confirmation with respect thereto. Borrower shall 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 LenderL▇▇▇▇▇, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower or the applicable SPE Component Entity intends to operate the applicable Individual Property, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the applicable Individual Property.

Appears in 1 contract

Sources: Loan Agreement (Istar Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without without, in each case, notifying Lender Administrative Agent 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 or the any SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender Administrative Agent and, if required by LenderAdministrative Agent, a Rating Agency Confirmation with respect thereto. Borrower shall execute and deliver to LenderAdministrative Agent, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender Administrative Agent to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of LenderAdministrative Agent, Borrower shall execute a certificate in form satisfactory to Lender Administrative Agent listing the trade names under which Borrower or the any applicable SPE Component Entity intends to operate the applicable Individual Property, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the applicable Individual Property. Any Borrower that is a Delaware limited liability company shall at all times remain a Delaware single-member limited liability company.

Appears in 1 contract

Sources: Loan Agreement (Industrial Logistics Properties Trust)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s 's or the any SPE Component Entity’s 's (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s 's or the any SPE Component Entity’s 's corporate, partnership or other structurestructure or state of formation, without without, in each case, notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s 's or the any SPE Component Entity’s structure's structure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower shall 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 or the each applicable SPE Component Entity intends to operate the Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Property.. LOAN AGREEMENT – Page 67 41458-110/JANAF Shopping Yard (VA)

Appears in 1 contract

Sources: Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s, Pledgor’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, (d) if not an individual, Borrower’s, Pledgor’s or the SPE Component Entity’s corporate, partnership or other structure, without notifying Lender Agent of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s, ▇▇▇▇▇▇▇’s or the SPE Component Entity’s structurestructure (including, without limitation, a Division), without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto▇▇▇▇▇▇. Borrower shall execute and deliver to LenderAgent, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender Agent to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of LenderAgent, Borrower ▇▇▇▇▇▇▇▇ shall execute a certificate in form satisfactory to Lender Agent listing the trade names under which Borrower Borrower, Pledgor or the SPE Component Entity intends to operate the PropertyProperty or own the Equity Collateral, and representing and warranting that Borrower Borrower, Pledgor or the SPE Component Entity does business under no other trade name with respect to the PropertyProperty or the Equity Collateral.

Appears in 1 contract

Sources: Loan Agreement (CaliberCos Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s 's or the any SPE Component Entity’s 's (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s 's or the any SPE Component Entity’s 's corporate, partnership or other structurestructure or state of formation, without without, in each case, notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower’s 's or the any SPE Component Entity’s structure's structure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender▇▇▇▇▇▇, a Rating Agency Confirmation with respect thereto. Borrower shall 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 or the each applicable SPE Component Entity intends to operate the Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Property.. LOAN AGREEMENT – Page 70 41458-112/Patuxent Crossing (MD) and Coliseum Marketplace (VA)

Appears in 1 contract

Sources: Loan Agreement (Cedar Realty Trust, Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without 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 or the any SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change reasonably required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the reasonable request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower or the applicable SPE Component Entity intends to operate the applicable Individual Property, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the applicable Individual Property.

Appears in 1 contract

Sources: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other 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 or the SPE Component Entity’s structure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect theretowhich consent shall not be unreasonably withheld, delayed or conditioned. Borrower shall 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 written request of Lender, Borrower shall execute a certificate in form reasonably satisfactory to Lender listing the trade names under which Borrower or the SPE Component Entity intends to operate the each Individual Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the such Individual Property.

Appears in 1 contract

Sources: Loan Agreement (American Realty Capital Trust III, Inc.)

Change of Name, Identity or Structure. Except as expressly permitted in pursuant to Section 6.36.3 hereof, Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) state in which its principal place of business is located as set forth on the first page of this Agreement or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other 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 or the SPE Component Entity’s structure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect theretosuch consent not to be unreasonably withheld, conditioned or delayed. Borrower shall 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 or the SPE Component Entity intends to operate the Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Property.

Appears in 1 contract

Sources: Loan Agreement (Cole Corporate Income Trust, Inc.)

Change of Name, Identity or Structure. Except as expressly permitted in pursuant to Section 6.36.3 hereof, Borrower shall not change (or permit to be changed) Borrower’s, Mortgage Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) state in which its principal place of business is located as set forth on the first page of this Agreement or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other 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 or the SPE Component Entity’s structure, without first obtaining the prior written consent of Lender andsuch consent not to be unreasonably withheld, if required by Lender, a Rating Agency Confirmation with respect theretoconditioned or delayed. Borrower shall 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 or the SPE Component Entity intends to operate the Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Property.

Appears in 1 contract

Sources: Mezzanine Loan Agreement (Cole Corporate Income Trust, Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without 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 or the any SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower shall 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 or the applicable SPE Component Entity intends to operate the applicable Individual Property, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the applicable Individual Property.

Appears in 1 contract

Sources: Loan Agreement (Safety, Income & Growth, Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structurestructure (which, without for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal structure of Borrower itself) or state of formation, without, in each case, notifying Lender of such change in writing at least thirty ten (3010) days Business Days prior to the effective date of such change and, in the case of a change in Borrower’s or the SPE Component Entity’s structure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower shall 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 or the applicable SPE Component Entity intends to operate the Propertyapplicable Individual Property or the Collateral, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the Propertyapplicable Individual Property or the Collateral.

Appears in 1 contract

Sources: Loan Agreement (SITE Centers Corp.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s, Operating Tenant’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, (d) if not an individual, Borrower’s, Operating Tenant’s or the SPE Component Entity’s corporate, partnership or other 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 or the SPE Component Entity’s structure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower shall 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 reasonably satisfactory to Lender listing the trade names under which Borrower Borrower, Operating Tenant or the SPE Component Entity intends to operate the Property, and representing and warranting that Borrower Borrower, Operating Tenant or the SPE Component Entity does business under no other trade name with respect to the Property.

Appears in 1 contract

Sources: Loan Agreement (Condor Hospitality Trust, Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without 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 or the SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender▇▇▇▇▇▇, a Rating Agency Confirmation with respect thereto. Borrower shall 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 or the SPE Component Entity intends to operate the Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Property.

Appears in 1 contract

Sources: Loan Agreement (Clipper Realty Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without 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 or the any SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender▇▇▇▇▇▇, a Rating Agency Confirmation with respect thereto. Borrower shall 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 or the any applicable SPE Component Entity intends to operate the Property, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the Property.

Appears in 1 contract

Sources: Loan Agreement (Lodging Fund REIT III, Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without 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 or the any SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender▇▇▇▇▇▇, a Rating Agency Confirmation with respect thereto. Borrower shall 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 or the any applicable SPE Component Entity intends to operate the applicable Individual Property, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the applicable Individual Property. Any Borrower that is a Delaware limited liability company shall at all times remain a Delaware single-member limited liability company.

Appears in 1 contract

Sources: Loan Agreement (Industrial Logistics Properties Trust)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without 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 or the any SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender▇▇▇▇▇▇, a Rating Agency Confirmation with respect thereto. Borrower shall 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 or the each applicable SPE Component Entity intends to operate the Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Property.

Appears in 1 contract

Sources: Loan Agreement (Clipper Realty Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) any Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement orAgreement, or (d) if not an individual, Borrower’s or Borr▇▇▇▇’▇ ▇r the SPE Component Entity’s corporate, partnership or other 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 any Borrower’s or the SPE Component Entity’s structurestructure (including, without limitation, a Division), without first obtaining the prior written consent of Lender and, if required by Lender, provided, however, that such consent shall not be required in connection with a Rating Agency Confirmation with respect theretotransfer expressly permitted pursuant to Article 6 hereof. Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change reasonably required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of LenderLend▇▇, Borrower ▇▇rrower shall execute a certificate in form reasonably satisfactory to Lender listing the trade names under which any Borrower or the SPE Component Entity intends to operate the Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Property.

Appears in 1 contract

Sources: Loan Agreement (Creative Media & Community Trust Corp)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, No Borrower nor any SPE Component Entity shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s ’s, as applicable, (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other 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 any Borrower’s or the SPE Component Entity’s structurestructure (including, without limitation, a Division), without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower shall 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 written request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower or the SPE Component Entity intends to operate the applicable Individual Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the PropertyProperties. For the avoidance of doubt, no Borrower shall be a corporation.

Appears in 1 contract

Sources: Loan Agreement (Orion Office REIT Inc.)

Change of Name, Identity or Structure. Except as expressly permitted in pursuant to Section 6.36.3 hereof, Borrower shall not change (or permit to be changed) Borrower’s 's or the SPE Component Entity’s 's (a) name, (b) identity (including its trade name or names), (c) state in which its principal place of business is located as set forth on the first page of this Agreement or, (d) if not an individual, Borrower’s 's or the SPE Component Entity’s 's corporate, partnership or other 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 's or the SPE Component Entity’s 's structure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect theretosuch consent not to be unreasonably withheld, conditioned or delayed. Borrower shall 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 or the SPE Component Entity intends to operate the Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Property.

Appears in 1 contract

Sources: Loan Agreement (Cole Credit Property Trust Iv, Inc.)

Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or, or (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structurestructure or state of formation, without 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 or the any SPE Component Entity’s structurestructure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender▇▇▇▇▇▇, a Rating Agency Confirmation with respect thereto. Borrower shall 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 or the each applicable SPE Component Entity intends to operate the Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Property.

Appears in 1 contract

Sources: Loan Agreement (Ares Real Estate Income Trust Inc.)