Common use of Assignor[s] Clause in Contracts

Assignor[s]. as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ Exh. D - 5 Assignees _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: Exh. D - 6 Accepted [and Approved] this ____ day of ___________, ____ SUMITOMO MITSUI BANKING CORPORATION, as Administrative Agent By _______________________________ Title: [Approved this ____ day of _____________, ____ DIGITAL REALTY TRUST, L.P. By: Digital Realty Trust, Inc., its Sole General Partner By _______________________________ Title:] Exh. D - 7 EXHIBIT E to the CREDIT AGREEMENT FORM OF UNENCUMBERED ASSETS CERTIFICATE UNENCUMBERED ASSETS CERTIFICATE Digital Realty, L.P. Unencumbered Assets Certificate Quarter ended __/__/__ Sumitomo Mitsui Banking Corporation, as Administrative Agent under the Credit Agreement referred to below 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxxxx Xxxxxx of America Attention: Xxxxxx Xxxxxxxxx, Agency Services Pursuant to provisions of the Credit Agreement, dated as of October 24, 2018, Digital Realty Trust, L.P., a Maryland limited partnership (the “Operating Partnership”), as an initial Borrower, Digital Realty Trust, Inc., a Maryland corporation (the “Parent Guarantor”), the other Borrowers party thereto, the Additional Guarantors party thereto, the Lender Parties party thereto and Sumitomo Mitsui Banking Corporation, as Administrative Agent for the Lender Parties (said Credit Agreement, as it may be amended, amended and restated, supplemented or otherwise modified from time to time, being the “Credit Agreement”; capitalized terms used herein but not defined herein being used herein as defined in the Credit Agreement), the undersigned, the Chief Financial Officer or a Responsible Officer of the Parent Guarantor, hereby certifies and represents and warrants on behalf of the Borrowers as follows:

Appears in 1 contract

Samples: Credit Agreement (Digital Realty Trust, L.P.)

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Assignor[s]. as Assignor [Type or print legal name of Assignor] By ___________________________________ Name Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Name Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Name Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By Name Title: Dated: _________ __, ____ 7 This date should be no earlier than five Business Days after the delivery of this Assignment and Assumption to the Administrative Agent. Steel Dynamics – Credit Agreement ___________________________________ , as Assignor [Type or print legal name of Assignor] By Name Title: Dated: _________ __, ____ Exh. D - 5 Assignees _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Name Title: E-mail address for notices: Dated: _________ __, ____ Applicable Domestic Lending OfficesOffice: ____Eurodollar Lending Office: ___________________________, as Assignee [Type or print legal name of Assignee] By Name Title: Dated: _________ __, ____ Domestic Lending Office: Eurodollar Lending Office: Steel Dynamics – Credit Agreement Back to Contents ___________________________ , as Assignee [Type or print legal name of Assignee] By Name Title: Dated: _________ __, ____ Domestic Lending Office: Eurodollar Lending Office: ___________________________ , as Assignee [Type or print legal name of Assignee] By Name Title: Dated: _________ __, ____ Domestic Lending Office: Eurodollar Lending Office: ___________________________ , as Assignee [Type or print legal name of Assignee] By Name Title: Dated: _________ __, ____ Domestic Lending Office: Eurodollar Lending Office: Steel Dynamics – Credit Agreement Accepted 8[and Approved] this ____ day of ___________ , ____ [______________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: Exh. D - 6 Accepted [and Approved] this ____ day of ___________, ____ SUMITOMO MITSUI BANKING CORPORATION], as Administrative Agent By _______________________________ Name Title: 9 [Approved this ____ day of ______________ , ____ DIGITAL REALTY TRUSTSTEEL DYNAMICS, L.P. By: Digital Realty Trust, Inc., its Sole General Partner INC. By _______________________________ Name Title:] Exh. D - 7 EXHIBIT E to the CREDIT AGREEMENT FORM OF UNENCUMBERED ASSETS CERTIFICATE UNENCUMBERED ASSETS CERTIFICATE Digital Realty, L.P. Unencumbered Assets Certificate Quarter ended __/__/__ Sumitomo Mitsui Banking Corporation, as Administrative Agent under the Credit Agreement referred to below 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxxxx Xxxxxx of America Attention: Xxxxxx Xxxxxxxxx, Agency Services Pursuant to provisions of the Credit Agreement, dated as of October 24, 2018, Digital Realty Trust, L.P., a Maryland limited partnership (the “Operating Partnership”), as an initial Borrower, Digital Realty Trust, Inc., a Maryland corporation (the “Parent Guarantor”), the other Borrowers party thereto, the Additional Guarantors party thereto, the Lender Parties party thereto and Sumitomo Mitsui Banking Corporation, as Administrative Agent for the Lender Parties (said Credit Agreement, as it may be amended, amended and restated, supplemented or otherwise modified from time to time, being the “Credit Agreement”; capitalized terms used herein but not defined herein being used herein as defined in the Credit Agreement), the undersigned, the Chief Financial Officer or a Responsible Officer of the Parent Guarantor, hereby certifies and represents and warrants on behalf of the Borrowers as follows:

Appears in 1 contract

Samples: Credit Agreement (Steel Dynamics Inc)

Assignor[s]. as Assignor [Type or print legal name of Assignor] By Title: Dated: ___________________________________ Title: Dated: __, _______ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By Title: Dated: ___________________________________ Title: Dated: __, _______ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By Title: Dated: ___________________________________ Title: Dated: __, _______ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By Title: Dated: ___________________________________ Title: Dated: __, _______ __, ____ Exh. D - 5 Assignees _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __________, _______ Applicable Domestic Lending OfficesOffice: Eurodollar Lending Office: ________________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __________, _______ Applicable Domestic Lending OfficesOffice: Eurodollar Lending Office: ________________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __________, _______ Applicable Domestic Lending OfficesOffice: Eurodollar Lending Office: ________________________________, as Assignee [Type or print legal name of Assignee] By Title: E-mail address for notices: Dated: __________________, _______ Domestic Lending Office: Eurodollar Lending Office: Accepted [and Approved this _____ day of ________________, _____ KEYBANK NATIONAL ASSOCIATION, as Administrative Agent By:___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: Exh. D - 6 Accepted [and Approved] this ____ day of ___________, ____ SUMITOMO MITSUI BANKING CORPORATION, as Administrative Agent By _______________________________ Title: [Approved this _____ day of ________________, _____ DIGITAL REALTY TRUST, L.P. AMERICAN CAMPUS COMMUNITIES OPERATING PARTNERSHIP LP By: Digital Realty TrustAmerican Campus Communities Holdings LLC, its General Partner By: American Campus Communities, Inc., its Sole General Partner By Member By:____________________________________________________ Title:] Exh. D EXHIBIT F to the CREDIT AGREEMENT FORM OF OPINION OF COUNSEL TO THE LOAN PARTIES Intentionally Omitted EXHIBIT G to the CREDIT AGREEMENT RESERVED Exhibit G - 7 1 EXHIBIT E H to the CREDIT AGREEMENT FORM OF UNENCUMBERED ASSETS PROPERTY CERTIFICATE UNENCUMBERED ASSETS PROPERTY CERTIFICATE Digital Realty, L.P. American Campus Communities Operating Partnership LP Unencumbered Assets Property Certificate Quarter ended Period ending __/__/_/___/___ Sumitomo Mitsui Banking CorporationKeyBank National Association, as Administrative Agent under the Credit Agreement referred to below 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxxxx Xxxxxx of America Attention: Xxxxxx Xxxxxxxxx, Agency Services XX 00000-0000 Attention: Xxxx Xxxxx Pursuant to provisions of the Fourth Amended and Restated Credit Agreement, dated as of October 24, 2018, Digital Realty Trust, L.P., a Maryland limited partnership (the “Operating Partnership”), as an initial Borrower, Digital Realty Trust, Inc., a Maryland corporation (the “Parent Guarantor”), the other Borrowers party thereto, the Additional Guarantors party thereto, the Lender Parties party thereto and Sumitomo Mitsui Banking Corporation, as Administrative Agent for the Lender Parties Agreement (said Credit Agreement, as it may be amended, amended and restated, supplemented or otherwise modified from time to time, being the “Credit Agreement”; capitalized terms used herein but not defined herein being used herein as defined in the Credit Agreement), dated as of December 18, 2013, among American Campus Communities Operating Partnership LP, a Maryland limited partnership (the undersigned“Borrower”), American Campus Communities, Inc., a Maryland corporation (the “Parent Guarantor”), the other Guarantors party thereto, the Lender Parties party thereto, KeyBank National Association, a national banking association (“KeyBank”), as Initial Issuing Bank, the Swing Line Bank, and KeyBank, as Administrative Agent for the Lender Parties, the Chief Financial Officer or a Responsible Officer of the Parent Guarantor, hereby certifies and represents and warrants on behalf of the Borrowers Borrower as follows:

Appears in 1 contract

Samples: Credit Agreement (American Campus Communities Operating Partnership LP)

Assignor[s]. as Assignor [Type Assignor[Type or print legal name of Assignor] By ___________________________________ Assignor]By Title: :Dated: __________ __, ________ _______________________________, as Assignor [Type Assignor[Type or print legal name of Assignor] By ___________________________________ Assignor]By Title: :Dated: __________ __, ________ _______________________________, as Assignor [Type Assignor[Type or print legal name of Assignor] By ___________________________________ Assignor]By Title: :Dated: __________ __, ________ _______________________________, as Assignor [Type Assignor[Type or print legal name of Assignor] By ___________________________________ Assignor]By Title: :Dated: __________ __, ____ Exh. D - 5 Assignees _____ ____________________________, as Assignee [Type Assignor[Type or print legal name of Assignee] By ___________________________________ Assignor]By Title: E-mail address for notices: :Dated: __________ __, ____ Applicable Lending Offices: _____ Assignees ____________________________, as Assignee [Type Assignee[Type or print legal name of Assignee] By ___________________________________ Assignor]By Title: E-mail address for notices: :Dated: __________ __, ____ Applicable Lending Offices: _____E-mail address for notices Domestic Lending Office: Eurodollar Lending Office: ____________________________, as Assignee [Type Assignee[Type or print legal name of Assignee] By ___________________________________ Assignor]By Title: E-mail address for notices: :Dated: __________ __, ____ Applicable Lending Offices: _____E-mail address for notices Domestic Lending Office: Eurodollar Lending Office: ____________________________, as Assignee [Type Assignee[Type or print legal name of Assignee] By Assignor]By Title:Dated: __________ __, ________E-mail address for notices Domestic Lending Office: Eurodollar Lending Office: ___________________________________ , as Assignee[Type or print legal name of Assignor]By Title: E-mail address for notices: :Dated: __________ __, ____ Applicable Lending Offices: Exh. D - 6 _____E-mail address for notices Accepted [and Approved] this ____ __day of ___________, ____ SUMITOMO MITSUI BANKING CORPORATION, as Administrative Agent By _______________________________ Title: [Approved this ____ day of _____________, _____ DIGITAL REALTY TRUSTKEYBANK NATIONAL ASSOCIATION,as Administrative AgentBy: Name: Title: Approved this ____ dayof _____________, L.P. _____SUMMIT HOTEL OP, LP,a Delaware limited partnership By: Digital Realty TrustSUMMIT HOTEL GP, Inc.LLC, a Delaware limited liability company, its Sole General Partner general partner By: SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation, its sole member By: Name: Title: EXHIBIT F-1 to the CREDIT AGREEMENT FORM OF OPINION OF KLEINBERG, KAPLAN, XXXXX & XXXXX, P.C. (See Attached) EXHIBIT F-2 to the CREDIT AGREEMENT FORM OF OPINION OF XXXXXXX LLP (See Attached) EXHIBIT F-3 to the CREDIT AGREEMENT FORM OF OPINION OF XXXXX, XXXXX & XXXXXX, LLP (See Attached) EXHIBIT F-4 to the CREDIT AGREEMENT FORM OF OPINION OF XXXXXX XXXXXX XXXXXXX LLP (See Attached) EXHIBIT F-5 to the CREDIT AGREEMENT FORM OF DELAWARE OPINION (See Attached) EXHIBIT G to the CREDIT AGREEMENT FORM OF SECTION 2.12(g) U.S. TAX COMPLIANCE CERTIFICATE Reference is hereby made to the First Amended and Restated Credit Agreement dated as of February 15, 2018 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Summit Hotel OP, LP, as borrower, and KeyBank National Association, as administrative agent, and the other parties party thereto. Pursuant to the provisions of Section 2.12(g) of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record and beneficial owner of the Loan(s) (as well as any Note(s) evidencing such Loan(s)) in respect of which it is providing this certificate, (ii) it is not a bank within the meaning of Section 881(c)(3)(A) of the Code, (iii) it is not a ten percent shareholder of the Borrower within the meaning of Section 871(h)(3)(B) of the Code, and (iv) it is not a controlled foreign corporation related to the Borrower as described in Section 881(c)(3)(C) of the Code. The undersigned has furnished the Administrative Agent and the Borrower with a certificate of its non-U.S. Person status on IRS Form W-8BEN. By executing this certificate, the undersigned agrees that if the information provided on this certificate changes, the undersigned shall promptly so inform the Borrower and the Administrative Agent. Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement. [NAME OF LENDER PARTY] By: Name: Title: Date: ______________, 20_________________ Title:] Exh. D - 7 EXHIBIT E to the CREDIT AGREEMENT FORM OF UNENCUMBERED ASSETS CERTIFICATE UNENCUMBERED ASSETS CERTIFICATE Digital Realty, L.P. Unencumbered Assets Certificate Quarter ended __/__/__ Sumitomo Mitsui Banking Corporation, as Administrative Agent under the Credit Agreement referred to below 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxxxx Xxxxxx of America Attention: Xxxxxx Xxxxxxxxx, Agency Services Pursuant to provisions of the Credit Agreement, dated as of October 24, 2018, Digital Realty Trust, L.P., a Maryland limited partnership (the “Operating Partnership”), as an initial Borrower, Digital Realty Trust, Inc., a Maryland corporation (the “Parent Guarantor”), the other Borrowers party thereto, the Additional Guarantors party thereto, the Lender Parties party thereto and Sumitomo Mitsui Banking Corporation, as Administrative Agent for the Lender Parties (said Credit Agreement, as it may be amended, amended and restated, supplemented or otherwise modified from time to time, being the “Credit Agreement”; capitalized terms used herein but not defined herein being used herein as defined in the Credit Agreement), the undersigned, the Chief Financial Officer or a Responsible Officer of the Parent Guarantor, hereby certifies and represents and warrants on behalf of the Borrowers as follows:

Appears in 1 contract

Samples: Credit Agreement (Summit Hotel Properties, Inc.)

Assignor[s]. as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ Exh. D - 5 Assignees _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices:  Dated: _________ __, ____ Applicable Domestic Lending OfficesOffice: Eurodollar Lending Office: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices:  Dated: _________ __, ____ Applicable Domestic Lending OfficesOffice: Eurodollar Lending Office: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices:  Dated: _________ __, ____ Applicable Domestic Lending OfficesOffice: Eurodollar Lending Office: _______________________________, as Assignee [Type or print legal name of Assignee] By Title: E-mail address for notices:  Dated: _________ __, ____ Domestic Lending Office: Eurodollar Lending Office: Accepted [and Approved] this ____ day of ___________, ____ CITIBANK, N.A., as Administrative Agent By_______________________________ TitleName: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: Exh. D - 6 Accepted [and Approved] this ____ day of ___________, ____ SUMITOMO MITSUI BANKING CORPORATION, as Administrative Agent By _______________________________ Title: [Approved this ____ day of _____________, ____ DIGITAL REALTY HERSHA HOSPITALITY LIMITED PARTNERSHIP, a Virginia limited partnership  By: HERSHA HOSPITALITY TRUST, L.P. By: Digital Realty Trust, Inc.a Maryland real estate investment trust, its Sole General Partner By ___general partner  By____________________________ Name: Title:]   Exh. D - 7 8 EXHIBIT E to the CREDIT LOAN AGREEMENT  FORM OF UNENCUMBERED ASSETS AVAILABILITY CERTIFICATE UNENCUMBERED ASSETS    AVAILABILITY CERTIFICATE Digital Realty  Hersha Hospitality Limited Partnership, L.P. Unencumbered Assets Availability Certificate Quarter ended Period ending __/__/__ Sumitomo Mitsui Banking Corporation  Citibank, N.A. as Administrative Agent under the Credit Term Loan Agreement referred to below 000 0000 Xxxxx Xxxx Xxxxxx OPS III Xxx XxxxXxxxxx, Xxx Xxxx XX 00000 Xxxxxx Xxxxxx of America Attention: Xxxxxxx Xxxxxx Xxxxxxxxx, Agency Services   Pursuant to provisions of the Credit Agreement, that certain Term Loan Agreement dated as of October 24August 2, 20182016, Digital Realty among Hersha Hospitality Limited Partnership, a Virginia limited partnership, as borrower (“Borrower”), Hersha Hospitality Trust, L.P., a Maryland limited partnership (the “Operating Partnership”), as an initial Borrower, Digital Realty Trust, Inc., a Maryland corporation real estate investment trust (the “Parent Guarantor”), the other Borrowers party thereto, the Additional Subsidiary Guarantors party thereto, the Lender Parties party thereto and Sumitomo Mitsui Banking CorporationCitibank, N.A., as Administrative Agent for the Lender Parties Lenders, the Lenders identified therein, and the Arrangers party thereto (said Credit Agreement, as it may be amended, amended and restated, supplemented or otherwise modified from time to time, being the “Credit Loan Agreement”; capitalized terms used herein but not otherwise defined herein being used herein as defined shall have their respective meanings set forth in the Credit Loan Agreement), the undersigned, the Chief Financial Officer or a Responsible Officer of the Parent Guarantor, hereby certifies and represents and warrants on behalf of the Borrowers Borrower as follows:, as of the close of business on ___________, 20___ (the “Calculation Date”): 

Appears in 1 contract

Samples: Term Loan Agreement (Hersha Hospitality Trust)

Assignor[s]. as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ Exh. D - 5 7 Assignees _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: Exh. D - 6 8 Accepted [and Approved] this ____ day of ___________, ____ SUMITOMO MITSUI BANKING CORPORATIONCITIBANK, N.A., as Administrative Agent By _______________________________ Title: [Approved this ____ day of _____________, ____ DIGITAL REALTY TRUST, L.P. By: Digital Realty Trust, Inc., its Sole General Partner By _______________________________ Title:] Exh. D - 7 9 EXHIBIT E to the GLOBAL SENIOR CREDIT AGREEMENT FORM OF UNENCUMBERED ASSETS CERTIFICATE UNENCUMBERED ASSETS CERTIFICATE Digital Realty, L.P. Unencumbered Assets Certificate Quarter ended __/__/__ Sumitomo Mitsui Banking CorporationCitibank, N.A., as Administrative Agent under the Credit Agreement referred to below 000 Xxxx Xxxxxx Xxx 0000 Xxxxx Xxxx, Ops III Xxx Xxxx Xxxxxx, Xxxxxxxx 00000 Xxxxxx Xxxxxx of America Attention: Xxxxxx XxxxxxxxxXxxxxxxxx Xxxxx, Agency Services Citigroup Global Loans Pursuant to provisions of the Global Senior Credit Agreement, dated as of October 24January [__], 20182016, Digital Realty Trust, L.P., a Maryland limited partnership (the “Operating Partnership”), as an initial Borrower, Digital Realty Trust, Inc., a Maryland corporation (the “Parent Guarantor”), the other Borrowers party thereto, the Additional Guarantors party thereto, the Lender Parties party thereto and Sumitomo Mitsui Banking CorporationCitibank, N.A., as Administrative Agent for the Lender Parties (said Credit Agreement, as it may be amended, amended and restated, supplemented or otherwise modified from time to time, being the “Credit Agreement”; capitalized terms used herein but not defined herein being used herein as defined in the Credit Agreement), the undersigned, the Chief Financial Officer or a Responsible Officer of the Parent Guarantor, hereby certifies and represents and warrants on behalf of the Borrowers as follows:

Appears in 1 contract

Samples: Global Senior Credit Agreement (Digital Realty Trust, L.P.)

Assignor[s]. as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ Exh. D - 5 6 Assignees _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: Exh. D - 6 7 Accepted [and Approved] this ____ day of ___________, ____ SUMITOMO MITSUI BANKING CORPORATIONCITIBANK, N.A., as Administrative Agent By By_______________________________ Title: [Approved this ____ day of _____________, ____ DIGITAL REALTY TRUST, L.P. By: Digital Realty Trust, Inc., its Sole General Partner By By_______________________________ Title:] Exh. D - 7 8 EXHIBIT E to the CREDIT AMENDED AND RESTATED TERM LOAN AGREEMENT FORM OF UNENCUMBERED ASSETS CERTIFICATE UNENCUMBERED ASSETS CERTIFICATE Digital Realty, L.P. Unencumbered Assets Certificate Quarter ended __/__/__ Sumitomo Mitsui Banking CorporationCitibank, N.A., as Administrative Agent under the Credit Term Loan Agreement referred to below 000 Xxxx Xxxxxx Xxx 0000 Xxxxx Xxxx, Ops III Xxx Xxxx Xxxxxx, Xxxxxxxx 00000 Xxxxxx Xxxxxx of America Attention: Xxxxxx Xxxxxxxxx, Agency Services Operations Pursuant to provisions of the Credit Amended and Restated Term Loan Agreement, dated as of October 24, 2018, Digital Realty Trust, L.P., a Maryland limited partnership (the “Operating Partnership”), as an initial Borrower, Digital Realty Trust, Inc., a Maryland corporation (the “Parent Guarantor”), the other Borrowers party thereto, the Additional Guarantors party thereto, the Lender Parties Lenders party thereto and Sumitomo Mitsui Banking CorporationCitibank, N.A., as Administrative Agent for the Lender Parties Lenders (said Credit Term Loan Agreement, as it may be amended, amended and restated, supplemented or otherwise modified from time to time, being the “Credit Term Loan Agreement”; capitalized terms used herein but not defined herein being used herein as defined in the Credit Term Loan Agreement), the undersigned, the Chief Financial Officer or a Responsible Officer of the Parent Guarantor, hereby certifies and represents and warrants on behalf of the Borrowers as follows:

Appears in 1 contract

Samples: Global Senior Credit Agreement (Digital Realty Trust, L.P.)

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Assignor[s]. as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ Exh. D - 5 7 Assignees _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Lending Offices: Exh. D - 6 8 Accepted [and Approved] this ____ day of ___________, ____ SUMITOMO MITSUI BANKING CORPORATIONCITIBANK, N.A., as Administrative Agent By By_______________________________ Title: [Approved this ____ day of _____________, ____ DIGITAL REALTY TRUST, L.P. By: Digital Realty Trust, Inc., its Sole General Partner By By_______________________________ Title:] Exh. D - 7 9 EXHIBIT E to the CREDIT TERM LOAN AGREEMENT FORM OF UNENCUMBERED ASSETS CERTIFICATE UNENCUMBERED ASSETS CERTIFICATE Digital Realty, L.P. Unencumbered Assets Certificate Quarter ended __/__/__ Sumitomo Mitsui Banking CorporationCitibank, N.A., as Administrative Agent under the Credit Term Loan Agreement referred to below 000 Xxxx Xxxxxx Xxx 0000 Xxxxx Xxxx, Ops III Xxx Xxxx Xxxxxx, Xxxxxxxx 00000 Xxxxxx Xxxxxx of America Attention: Xxxxxx XxxxxxxxxXxxxxxxxx Xxxxx, Agency Services Citigroup Global Loans Pursuant to provisions of the Credit Term Loan Agreement, dated as of October 24January [__], 20182016, Digital Realty Trust, L.P., a Maryland limited partnership (the “Operating Partnership”), as an initial Borrower, Digital Realty Trust, Inc., a Maryland corporation (the “Parent Guarantor”), the other Borrowers party thereto, the Additional Guarantors party thereto, the Lender Parties Lenders party thereto and Sumitomo Mitsui Banking CorporationCitibank, N.A., as Administrative Agent for the Lender Parties Lenders (said Credit Term Loan Agreement, as it may be amended, amended and restated, supplemented or otherwise modified from time to time, being the “Credit Term Loan Agreement”; capitalized terms used herein but not defined herein being used herein as defined in the Credit Term Loan Agreement), the undersigned, the Chief Financial Officer or a Responsible Officer of the Parent Guarantor, hereby certifies and represents and warrants on behalf of the Borrowers as follows:

Appears in 1 contract

Samples: Term Loan Agreement (Digital Realty Trust, L.P.)

Assignor[s]. as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By ___________________________________ Title: Dated: _________ __, ____ Exh. D - 5 Assignees _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Domestic Lending OfficesOffice: Eurodollar Lending Office: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Domestic Lending OfficesOffice: Eurodollar Lending Office: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Domestic Lending OfficesOffice: Eurodollar Lending Office: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: _________ __, ____ Applicable Domestic Lending OfficesOffice: Exh. D - 6 Eurodollar Lending Office: Accepted [and Approved] this ____ day of ___________, ____ SUMITOMO MITSUI BANKING CORPORATIONCITICORP NORTH AMERICA, INC., as Administrative Agent By _______________________________ Title: [Approved this ____ day of _____________, ____ DIGITAL REALTY TRUSTSUNSTONE HOTEL PARTNERSHIP, L.P. LLC By: Digital Realty TrustSunstone Hotel Investors, Inc., its Sole General Partner Managing Member By _______________________________ Title:] Exh. D - 7 EXHIBIT E E-1 to the REVOLVING CREDIT AGREEMENT FORM OF OPINION OF COUNSEL TO THE LOAN PARTIES [See Attached] EXHIBIT E-2 to the REVOLVING CREDIT AGREEMENT FORM OF OPINION OF MARYLAND COUNSEL TO THE LOAN PARTIES [See Attached] EXHIBIT F to the REVOLVING CREDIT AGREEMENT FORM OF UNENCUMBERED ASSETS POOL CERTIFICATE UNENCUMBERED ASSETS CERTIFICATE Digital RealtySunstone Hotel Investors, L.P. Inc. Unencumbered Assets Pool Certificate Quarter ended Period ending __/__/__ Sumitomo Mitsui Banking CorporationCiticorp North America, Inc., as Administrative Agent under the Credit Agreement referred to below 0 Xxxxx Xxx, Xxxxx 000 Xxxx Xxxxxx Xxx XxxxXxxxxx, Xxx Xxxx Xxxxxxxx 00000 Xxxxxx Xxxxxx of America Attention: Xxxxxx Xxxxxxxxx, Agency Services Xxxxxx Pursuant to provisions of the Revolving Credit Agreement, dated as of October 24July 17, 20182006, Digital Realty Trustamong Sunstone Hotel Partnership, L.P.LLC, a Maryland Delaware limited partnership liability company (the “Operating PartnershipBorrower”), as an initial Borrower, Digital Realty TrustSunstone Hotel Investors, Inc., a Maryland corporation (the “Parent GuarantorParent”), the other Borrowers party thereto, the Additional Subsidiary Guarantors party thereto, the Lender Parties party thereto and Sumitomo Mitsui Banking CorporationCiticorp North America, Inc., as Administrative Agent for the Lender Parties (said Credit Agreement, as it may be amended, amended and restated, supplemented or otherwise modified from time to time, being the “Credit Agreement”; capitalized terms used herein but not defined herein being used herein as defined in the Credit Agreement), the undersigned, the Chief Financial Officer or a Responsible Officer of the Parent GuarantorParent, hereby certifies and represents and warrants on behalf of the Borrowers Borrower as follows:

Appears in 1 contract

Samples: Revolving Credit Agreement (Sunstone Hotel Investors, Inc.)

Assignor[s]. as Assignor [Type or print legal name of Assignor] By Title: Dated:________________________________, ___ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By Title: Dated:________________________________, ___ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By Title: Dated:________________________________, ___ Title: Dated: _________ __, ____ _______________________________, as Assignor [Type or print legal name of Assignor] By Title: Dated:________________________________, ___ Title: Dated: _________ __2 This date should be no earlier than five Business Days after the delivery of this Assignment and Acceptance to the Administrative Agent and, ____ Exhif applicable, the Borrowers. D - 5 Assignees _______________________________, as Assignee [Type or print legal name of Assignee] By Title: E-mail address for notices: Dated:________________________________, ___ TitleDomestic Lending Office: E-mail address for noticesEurodollar Lending Office: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By Title: E-mail address for notices: Dated:________________________________, ___ TitleDomestic Lending Office: E-mail address for noticesEurodollar Lending Office: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By Title: E-mail address for notices: Dated:________________________________, ___ TitleDomestic Lending Office: E-mail address for noticesEurodollar Lending Office: Dated: _________ __, ____ Applicable Lending Offices: _______________________________, as Assignee [Type or print legal name of Assignee] By ___________________________________ Title: E-mail address for notices: Dated: :_________ __, ____ Applicable Lending Offices: Exh. D - 6 Accepted [and Approved] this ____ day of ___________, ____ SUMITOMO MITSUI BANKING CORPORATION, as Administrative Agent By _______________________________ TitleDomestic Lending Office: Eurodollar Lending Office: Accepted [Approved and Approved] this ____ day of of_____________, ____ DIGITAL REALTY TRUSTCITIBANK, L.P. ByN.A., as Administrative Agent By Name: Digital Realty Trust, Inc., its Sole General Partner Title: By Name: Title: [Approved this___day of____________________________, ___ Title:] Exh. D - 7 EXHIBIT E to the CREDIT AGREEMENT FORM OF UNENCUMBERED ASSETS CERTIFICATE UNENCUMBERED ASSETS CERTIFICATE Digital Realty, L.P. Unencumbered Assets Certificate Quarter ended __/__/__ Sumitomo Mitsui Banking Corporation, as Administrative Agent under the Credit Agreement referred to below 000 Xxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Xxxxxx Xxxxxx of America Attention: Xxxxxx Xxxxxxxxx, Agency Services Pursuant to provisions of the Credit Agreement, dated as of October 24, 2018, Digital Realty TrustHOSPITALITY INVESTORS TRUST OPERATING PARTNERSHIP, L.P., a Maryland Delaware limited partnership (the “Operating Partnership”)By: Name: Title: EXHIBIT E-1 TO THE SECOND AMENDED AND RESTATED TERM LOAN AGREEMENT FORM OF OPINION OF NY COUNSEL [Attached.] Exh. E-1 EXHIBIT E-2 TO THE SECOND AMENDED AND RESTATED TERM LOAN AGREEMENT FORM OF OPINION OF MD COUNSEL [Attached.] Exh. E-2 EXHIBIT E-3 TO THE SECOND AMENDED AND RESTATED TERM LOAN AGREEMENT FORM OF OPINION OF DE COUNSEL [Attached.] Exh. E-3 EXHIBIT F TO THE SECOND AMENDED AND RESTATED TERM LOAN AGREEMENT FORM OF AMENDED AND RESTATED SECURITY AGREEMENT [Attached.] Exh. F EXHIBIT F TO THE SECOND AMENDED AND RESTATED TERM LOAN AGREEMENT FORM OF AMENDED AND RESTATED SECURITY AGREEMENT AMENDED AND RESTATED SECURITY AGREEMENT Dated April 27, 2017 from THE GRANTORS REFERRED TO HEREIN to CITIBANK, N.A., as an initial Borrower, Digital Realty Trust, Inc., a Maryland corporation (the “Parent Guarantor”), the other Borrowers party thereto, the Additional Guarantors party thereto, the Lender Parties party thereto and Sumitomo Mitsui Banking Corporation, as Administrative Agent for the Lender Parties (said Credit Agreement, as it may be amended, amended and restated, supplemented or otherwise modified from time to time, being the “Credit Agreement”; capitalized terms used herein but not defined herein being used herein as defined in the Credit Agreement), the undersigned, the Chief Financial Officer or a Responsible Officer of the Parent Guarantor, hereby certifies and represents and warrants on behalf of the Borrowers as follows:Collateral Agent

Appears in 1 contract

Samples: Security Agreement (Hospitality Investors Trust, Inc.)

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