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

Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) 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 or state of formation, 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 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 SPE Component Entity intends to operate the Collateral, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Collateral.

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 structure or state of formationstructure, without, in each case, 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 or state of formationstructure, 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 CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.

Change of Name, Identity or Structure. 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 (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structure or state of formation, 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 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 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 Collateral, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the Collateral.

Change of Name, Identity or Structure. 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 or state of formation, 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 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 SPE Component Entity intends to operate the CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.

Change of Name, Identity or Structure. 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 (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structure or state of formation, 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 structure 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 CollateralProperty, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the CollateralProperty.

Change of Name, Identity or Structure. 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 or state of formation, 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 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 SPE Component Entity intends to operate the Collateralapplicable Individual Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Collateralapplicable Individual Property.

Change of Name, Identity or Structure. 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 in this Agreement Agreement, or (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formation, 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 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 SPE Component Entity intends to operate the CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.

Change of Name, Identity or Structure. 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 structure or state of formationstructure, without, in each case, 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 or state of formationstructure, 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 CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.

Change of Name, Identity or Structure. Except as expressly permitted pursuant to Section 6.3 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 or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, 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 or state of formationstructure, 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 CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.

Change of Name, Identity or Structure. 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 or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, 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 structure or state of formation(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 Collateralapplicable Individual Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperties. For the avoidance of doubt, no Borrower shall be a corporation.

Change of Name, Identity or Structure. 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 in this Agreement Agreement, or (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formation, 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 structure or state of formation, without first obtaining the prior written consent of Lender and, if required by LenderXxxxxx, 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 LenderXxxxxx, 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 CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Collateral.Property. Section 4.3

Change of Name, Identity or Structure. 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 or, (d) if not an individual, Borrower’s, Pledgor’s or the SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, 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, Xxxxxxx’s or the SPE Component Entity’s structure or state of formation(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 theretoXxxxxx. 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 Xxxxxxxx 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 Property 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 Property or the Equity Collateral.. Section 6.4

Change of Name, Identity or Structure. No Borrower shall not change (or permit to be changed) such Borrower’s or the applicable 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, such Borrower’s or the applicable SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, 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 a Borrower’s or the SPE Component Entity’s structure or state of formationstructure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower Borrowers 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, each Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which each Borrower or the SPE Component Entity intends to operate the CollateralProperty, and representing and warranting that such Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the CollateralProperty.

Change of Name, Identity or Structure. 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 (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structure or state of formation, 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 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 applicable SPE Component Entity intends to operate the Collateralapplicable 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 Collateralapplicable Individual Property.

Change of Name, Identity or Structure. 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 structure or state of formationstructure, without, in each case, 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 or state of formationstructure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto(except as otherwise provided elsewhere in this Agreement). 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 CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.

Change of Name, Identity or Structure. 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) except as permitted in Section 6.3 of this Agreement, if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, 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 or state of formationstructure, 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 CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.

Change of Name, Identity or Structure. Except as expressly permitted pursuant to Section 6.3 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 or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, 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 or state of formationstructure, 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 CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.

Change of Name, Identity or Structure. 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 (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structure or state of formation, 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 structure or state of formation, without first obtaining the prior written consent of Lender and, if required by LenderXxxxxx, 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 LenderXxxxxx, 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 CollateralProperty, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the CollateralProperty.

Change of Name, Identity or Structure. 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 (d) if not an individual, Borrower’s 's or the any SPE Component Entity’s 's corporate, partnership or other structure or state of formation, 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 '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 CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Collateral.Property. LOAN AGREEMENT – Page 67 41458-110/JANAF Shopping Yard (VA)

Change of Name, Identity or Structure. 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 structure or state of formationstructure, without, in each case, 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 or state of formationstructure, 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 Collateraleach Individual Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Collateralsuch Individual Property.

Change of Name, Identity or Structure. 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 or, (d) if not an individual, Borrower’s, Operating Tenant’s or the SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, 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 or state of formationstructure, 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 CollateralProperty, 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 CollateralProperty.