Dollar General s authorized equity capitalization is as set forth in the Disclosure Package and the Prospectus under the caption “Description of Capital Stock.” The issued and outstanding capital stock of Dollar General conforms in all material respects to the description thereof in the Registration Statement, the Disclosure Package and the Prospectus under the caption “Description of Capital Stock,” and the Company’s $0.875 par value common stock (the “Common Stock”) conforms in all material respects to the description thereof in the Registration Statement, the Disclosure Package and the Prospectus under the caption “Description of Capital Stock.” All shares of Common Stock outstanding have been duly authorized and validly issued, are nonassessable and, to our knowledge, were fully paid. The Securities and the Indentures conform in all material respects to the description thereof in the Registration Statement, the Disclosure Package and the Prospectus under the caption “Description of the Notes” and, insofar as applicable, “Description of Debt Securities and Guarantees.”
Dollar General except where the failure so to register or qualify would not reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect, is duly registered and qualified to conduct its business and is in good standing in each jurisdiction where the nature of its properties or the conduct of its business requires such registration or qualification.
Dollar General. Iberia (Loan No. 65) Dollar General – Pine Island (Loan Xx. 00) Xxxxxx Xxxxxxx – Xxxx (Xxxx Xx. 00) Dollar General – Wheaton (Loan No. 68) With respect to each subject Mortgage Loan, the related Mortgaged Property is leased to a single tenant. In each case, to the extent: (i) the related lease is in full force and effect, (ii) no default beyond any applicable notice and cure period has occurred and is continuing under the related lease, (iii) the related sole tenant is permitted per the terms of its lease to rebuild and/or repair the related Mortgaged Property and is entitled to no period of rent abatement, and (iv) the related sole tenant maintains the insurance required to be maintained by it under the related lease as of the date of origination or as otherwise approved by the lender in writing, the related borrower will not be required to maintain coverage under Section 5.1.1 of the related loan agreement. Notwithstanding that the related sole tenant is permitted to and may be providing insurance that the related borrower is required to provide under Section 5.1.1 of the related loan agreement, the related borrower acknowledges that the borrower is responsible for maintaining (or causing the related sole tenant to maintain) the insurance required to be maintained under the related loan agreement (it being specifically agreed and understood that the related borrower must at all times maintain any such insurance to the extent not maintained by the related sole tenant). Notwithstanding anything to the contrary contained in paragraph 5.1.1(i) of the related loan agreement: (A) except as provided above, if, at any time and from time to time during the term of the related loan agreement, the insurance policies maintained by the related sole tenant as of the date of origination is modified to decrease the type or amount of coverage, then the related borrower shall upon obtaining knowledge thereof, promptly notify the lender in writing and the lender shall have the right to require that the related borrower, at its sole cost and expense, promptly procure and maintain either (x) “primary” insurance coverage in the event that the related sole tenant does not provide the applicable insurance coverage required in Section 5.1.1(a) of the related loan agreement or (y) “excess and contingent” insurance coverage in the event that the related sole tenant does not have the sufficient insurance coverage required under Section 5.1.1(a) of the related loan agreement, in eac...
Dollar General. Danville (Loan No. 64) With respect to each of the subject Mortgage Loans, future mezzanine debt is permitted subject to the satisfaction of certain conditions including: (a) a combined maximum loan-to-value ratio not greater than 85.0%; and (b) a combined minimum debt service coverage ratio (calculated in accordance with the related Mortgage Loan documents) not less than 1.20x.
Dollar General. Danville (Loan No. 64) With respect to each of the subject Mortgage Loans, the related Mortgagor may rely on insurance (including self insurance) provided by the related sole tenant in accordance with the related lease, and the related lease does not require terrorism insurance coverage.
Dollar General. Store in Colorado City, Texas: No later than August 15, 2008, Dollar General will install at least one Next Generation POS Device or Ancillary Raised Button Keypad, as designated in Section 3.2, in the Dollar General Store in Colorado City, Texas. Dollar General also has agreed to install at least one Next Generation POS Device or Ancillary Raised Button Keypad in Dollar General stores in two surrounding cities, including Sweetwater and Snyder, Texas.
Dollar General s authorized equity capitalization is as set forth in the Disclosure Package and the Prospectus under the caption “Description of Capital Stock.” The issued and outstanding capital stock of Dollar General conforms in all material respects to the description thereof in the Registration Statement, the Disclosure Package and the Prospectus under the caption “Description of Capital Stock” and the Common Stock conforms in all material respects to the description thereof in the Registration Statement, the Disclosure Package and the Prospectus under the caption “Description of Capital Stock”. All shares of Common Stock outstanding (including the Securities being sold by the Selling Stockholders) have been duly authorized and validly issued, are nonassessable and, to our knowledge, were fully paid.
Dollar General. Xxxxxx (Loan No. 100) With respect to each subject Mortgage Loan, the related Mortgaged Property is leased to a single tenant. In each case, to the extent (i) the related lease is in full force and effect, (ii) no default beyond any applicable notice and cure period has occurred and is continuing under the related lease, (iii) the related sole tenant is permitted per the terms of its lease to rebuild and/or repair the related Mortgaged Property and is entitled to no period of rent abatement, and (iv) the related sole tenant maintains the insurance required to be maintained by it under the related lease as of the date of origination or as otherwise approved by the lender in writing, the related borrower will not be required to maintain coverage under Section 5.1.1 of the related loan agreement. Notwithstanding that the related sole tenant is permitted to and may be providing insurance that the related borrower is required to provide under Section 5.1.1 of the related loan agreement, the related borrower has acknowledged that the related borrower is responsible for maintaining (or causing the related sole tenant to maintain) the insurance required to be maintained under the related loan agreement (it being specifically agreed and understood that the related borrower must at all times maintain any such insurance to the extent not maintained by the related sole tenant).
Dollar General. Xxxxxx (Loan No. 100) For each of the subject Mortgage Loans, there is no entity or warm body guarantor separate from the related borrower liable for losses resulting from any breach of the environmental covenants contained in the related loan documents.
Dollar General. Xxxxxx (Loan No. 100) For each of the subject Mortgage Loans, the related loan documents provide that so long as the tenant of the related Mortgaged Property is a triple-net tenant, the related borrower’s delivery of a certified rent roll is sufficient to satisfy the financial delivery requirements.
