Common use of Single Purpose Entity Provisions Clause in Contracts

Single Purpose Entity Provisions. Each Borrower's sole business purpose must be to own and operate a Project. Each Borrower (a) must conduct business only in its own name, (b) must not engage in any business or own any assets unrelated to the Land and the Improvements, (c) must not have any Indebtedness other than as permitted by this Agreement, (d) must have its own separate books, records, and accounts (with no commingling of assets), (e) must hold itself out as being an entity separate and apart from any other Person, (f) must observe organizational formalities independent of any other entity, and (g) must not change its name, identity, or organizational structure, unless such Borrower has obtained the prior written consent of Administrative Agent to such change, and has taken all actions necessary or requested by Administrative Agent to file or amend any financing statement or continuation statement to assure perfection and continuation of perfection of security interests under the Loan Documents.

Appears in 1 contract

Sources: Term Loan Agreement (KBS Real Estate Investment Trust III, Inc.)

Single Purpose Entity Provisions. Each Borrower's ’s sole business purpose must be to own and operate a the Project. Each Borrower (a) must conduct business only in its own name, (b) must not engage in any business or own any assets unrelated to the Land and the Improvements, (c) must not have any Indebtedness other than as permitted by this Agreement, (d) must have its own separate books, records, and accounts (with no commingling of assets), (e) must hold itself out as being an entity separate and apart from any other Person, (f) must observe organizational formalities independent of any other entity, and (g) must not change its name, identity, or organizational structurestructure (except as expressly permitted in Section 6.9(b) above), unless such Borrower has obtained the prior written consent of Administrative Agent to such change, and has taken all actions necessary or requested by Administrative Agent to file or amend any financing statement or continuation statement to assure perfection and continuation of perfection of security interests under the Loan Documents.

Appears in 1 contract

Sources: Revolving and Term Loan Agreement (KBS Real Estate Investment Trust III, Inc.)