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 (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.

Change of Name, Identity or Structure. Neither Borrower nor any SPE Component Entity shall not change (or permit to be changed) Borrower’s their respective, and Borrower shall not cause or the permit Mortgage Borrower or any Mortgage SPE Component Entity’s Entity to change (or permit to be changed) their respective, (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 Entitysuch Person’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 Entitysuch Person’s structure 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 LenderLxxxxx, 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 LenderLxxxxx, Borrower shall execute a certificate in form reasonably satisfactory to Lender listing the trade names under which Borrower or the any applicable SPE Component Entity intends to operate own the applicable Individual PropertyCollateral, 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 PropertyCollateral. Any Borrower that is a Delaware limited liability company shall at all times remain a Delaware single-member limited liability company.

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 (not to be unreasonably withheld, conditioned or delayed) and, if required by Lender, a Rating Agency Confirmation with respect thereto, provided, that, (1) the Delano Property may be referred to as the “Delano, a Morgans hotel” or pursuant to words of similar import and (2) the Xxxxxx Property may be referred to as the “Xxxxxx, a Morgans hotel” or pursuant to words of similar import without the prior written consent of Lender and without a Rating Agency Confirmation. 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 own the applicable Individual PropertyCollateral, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the applicable Individual PropertyCollateral.

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, 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 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 (such consent 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.

Change of Name, Identity or Structure. Neither Borrower nor any SPE Component Entity shall not change (or permit to be changed) Borrower’s their respective, and Borrower shall not cause or the permit Mortgage Borrower or any Mortgage SPE Component Entity’s Entity to change (or permit to be changed) their respective, (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 Entitysuch Person’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 Entitysuch Person’s structure 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 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 reasonably satisfactory to Lender listing the trade names under which Borrower or the any applicable SPE Component Entity intends to operate own the applicable Individual PropertyCollateral, 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 PropertyCollateral. Any Borrower that is a Delaware limited liability company shall at all times remain a Delaware single-member limited liability company.