Common use of Existence; Compliance with Legal Requirements Clause in Contracts

Existence; Compliance with Legal Requirements. (a) Borrower shall do or cause to be done all things necessary to preserve, renew and keep in full force and effect its existence, rights, licenses, permits and franchises, and comply, in all material respects, with all Legal Requirements applicable to it and the Properties. There shall never be committed by Borrower, and Borrower shall use its best efforts to prohibit any other Person in occupancy of or involved with the operation or use of the Properties from committing, any act or omission affording the federal government or any State or local government the right of forfeiture against any Individual Property or any part thereof or any monies paid in performance of Borrower’s obligations under any of the Loan Documents. Borrower hereby covenants and agrees not to commit, and Borrower shall use its best efforts to not permit or suffer to exist, any act or omission affording such right of forfeiture. Borrower shall at all times maintain, preserve and protect all franchises and trade names and preserve all the remainder of its property used or useful in the conduct of its business and shall keep the Properties in good working order and repair, and from time to time make, or cause to be made, all reasonably necessary repairs, renewals, replacements, betterments and improvements thereto, all as more fully provided in the Security Instruments. Borrower shall keep the Properties insured at all times by financially sound and reputable insurers, to such extent and against such risks, and maintain liability and such other insurance, as is more fully provided in this Agreement. Borrower shall operate any Individual Property that is the subject of any O&M Program in accordance with the terms and provisions thereof in all material respects.

Appears in 2 contracts

Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)

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Existence; Compliance with Legal Requirements. (a) Borrower shall do do, or cause to be done done, all things necessary to preserve, renew and keep in full force and effect its existence, rights, licenses, permits and franchises, and comply, in all material respects, with all Legal Requirements applicable to it and the PropertiesProperties other than those the lack of which could not reasonably be expected to have a Material Adverse Effect. There shall never be committed by Borrower, and Borrower shall use its best efforts to prohibit or any other Person in occupancy of or involved with the operation or use of the Properties from committing, any act or omission affording the federal government or any State or local government the right of forfeiture against any Individual Property or any part thereof or any monies paid in performance of Borrower’s obligations under any of the Loan Documents. Borrower hereby covenants and agrees not to commit, and Borrower shall use its best efforts to not permit or suffer to exist, exist any act or omission affording such right of forfeiture. Borrower shall (i) at all times maintain, preserve and protect all franchises and trade names and preserve all the remainder of its property used or useful in the conduct of its business business, and shall keep (ii) except as otherwise expressly provided in this Loan Agreement, keep, or cause to be kept, the Properties in good working order and repair, and from time to time make, or cause to be made, all reasonably necessary repairs, renewals, replacements, betterments and improvements thereto, all as more fully provided in the Security InstrumentsInstruments only to the extent that a failure to comply with either of sub-clauses (i) or (ii) could reasonably be expected to have a Material Adverse Effect. Borrower shall keep keep, or cause to be kept, the Properties insured at all times by financially sound and reputable insurers, to such extent and against such risks, and maintain liability and such other insurance, as is more fully provided in this Agreement. Borrower shall operate any Individual Property that is the subject of any O&M Program in accordance with the terms and provisions thereof in all material respects.

Appears in 2 contracts

Samples: Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp)

Existence; Compliance with Legal Requirements. (a) Borrower shall do or cause to be done all things necessary to preserve, renew and keep in full force and effect its existence, rights, licenses, permits and franchises, and comply, in all material respects, with all Legal Requirements and all covenants, agreements, restrictions and encumbrances contained in any instruments of record or known to Borrower, applicable to it and the PropertiesProperty. There shall never be committed by Borrower, and Borrower shall use its best efforts to prohibit or any other Person in occupancy of or involved with the operation or use of the Properties from committing, Property any act or omission affording the federal government or any State or local government the right of forfeiture against any Individual the Property or any part thereof or any monies paid in performance of Borrower’s obligations under any of the Loan Documents. Borrower hereby covenants and agrees not to commit, and Borrower shall use its best efforts to not permit or suffer to exist, exist any act or omission affording such right of forfeiture. Borrower shall at all times maintain, preserve and protect all franchises and trade names and preserve all the remainder of its property used or useful in the conduct of its business and shall keep the Properties Property in good working order and repair, and from time to time make, or cause to be made, all reasonably necessary repairs, renewals, replacements, betterments and improvements thereto, all as more fully provided in the Security InstrumentsInstrument. Borrower shall keep the Properties Property insured at all times by financially sound and reputable insurers, to such extent and against such risks, and maintain liability and such other insurance, as is more fully provided in this Agreement. Borrower shall operate any Individual Property that is the subject of any O&M Program in accordance with the terms and provisions thereof in all material respects.

Appears in 1 contract

Samples: Loan Agreement (Eldorado Resorts, Inc.)

Existence; Compliance with Legal Requirements. (a) Borrower shall do or cause to be done all things necessary to preserve, renew and keep in full force and effect its existence, rights, licenses, permits and permits, franchises, certificates of occupancy, consents, and complyother approvals necessary for the operation of the Properties, in all material respects, and comply with all Legal Requirements applicable to it and the Properties. There shall never be committed by Borrower, and nor shall Borrower shall use its best efforts to prohibit permit, allow or cause any other Person in occupancy of or involved with the operation or use of the Properties from committing, to commit any act or omission affording the federal government or any State or local government the right of forfeiture against any Individual Property or any part thereof or any monies paid in performance of Borrower’s obligations under any of the Loan Documents. Borrower hereby covenants and agrees not to commit, and Borrower shall use its best efforts to not permit or suffer to exist, exist any act or omission affording such right of forfeiture. Borrower shall at all times maintain, preserve and protect all franchises and trade names and preserve all the remainder of its property Properties used or useful in the conduct of its business and shall keep the Properties in good working order and repair, and from time to time make, or cause to be made, all reasonably necessary repairs, renewals, replacements, betterments and improvements thereto, all as more fully provided in the Security Instruments. Borrower shall keep the Properties insured at all times by financially sound and reputable insurers, to such extent and against such risks, and maintain liability and such other insurance, as is more fully provided in this Agreement. Borrower shall operate any Individual Property that is the subject of any O&M Program in accordance with the terms and provisions thereof in all material respects.

Appears in 1 contract

Samples: Loan Agreement (Netreit, Inc.)

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Existence; Compliance with Legal Requirements. (a) Borrower shall do do, or cause to be done done, all things necessary to preserve, renew and keep in full force and effect its existence, rights, licenses, permits and franchises, and comply, in all material respects, with all Legal Requirements applicable to it and the PropertiesProperties other than those the lack of which could not reasonably be expected to have a Material Adverse Effect. There shall never be committed by Borrower, and Borrower shall use its best efforts to prohibit or any other Person in occupancy of or involved with the operation or use of the Properties from committing, any act or omission affording the federal government or any State or local government the right of forfeiture against any Individual Property or any part thereof or any monies paid in performance of Borrower’s obligations under any of the Loan Documents. Borrower hereby covenants and agrees not to commit, and Borrower shall use its best efforts to not permit or suffer to exist, exist any act or omission affording such right of forfeiture. Borrower shall (i) at all times maintain, preserve and protect all franchises and trade names utilized by Borrower and preserve all the remainder of its Borrower’s property that is used or is useful in the conduct of its business business, and shall keep (ii) except as otherwise expressly provided in this Loan Agreement, keep, or cause to be kept, the Properties in good working order and repair, and from time to time make, or cause to be made, all reasonably necessary repairs, renewals, replacements, betterments and improvements thereto, all as more fully provided in the Security InstrumentsInstruments only to the extent that a failure to comply with either of sub-clauses (i) or (ii) could reasonably be expected to have a Material Adverse Effect. Borrower shall keep keep, or cause to be kept, the Properties insured at all times by financially sound and reputable insurers, to such extent and against such risks, and maintain liability and such other insurance, as is more fully provided in this Agreement. Borrower shall operate any Individual Property that is the subject of any O&M Program in accordance with the terms and provisions thereof in all material respects.

Appears in 1 contract

Samples: Loan Agreement (Spirit Finance Corp)

Existence; Compliance with Legal Requirements. (a) Borrower shall do or cause to be done all things necessary to preserve, renew and keep in full force and effect its existence, rights, licenses, permits and permits, franchises, certificates of occupancy, consents, and complyother approvals necessary for the operation of the Property, in all material respects, and comply with all Legal Requirements applicable to it and the PropertiesProperty. There shall never be committed by BorrowerXxxxxxxx, and nor shall Borrower shall use its best efforts to prohibit permit, allow or cause any other Person in occupancy of or involved with the operation or use of the Properties from committing, Property to commit any act or omission affording the federal government or any State or local government the right of forfeiture against any Individual the Property or any part thereof or any monies paid in performance of Borrower’s obligations under any of the Loan Documents. Borrower hereby covenants and agrees not to commit, and Borrower shall use its best efforts to not permit or suffer to exist, exist any act or omission affording such right of forfeiture. Borrower shall at all times maintain, preserve and protect all franchises and trade names and preserve all the remainder of its property Property used or useful in the conduct of its business and shall keep the Properties Property in good working order and repair, and from time to time make, or cause to be made, all reasonably necessary repairs, renewals, replacements, betterments and improvements thereto, all as more fully provided in the Security InstrumentsInstrument. Borrower shall keep the Properties Property insured at all times by financially sound and reputable insurers, to such extent and against such risks, and maintain liability and such other insurance, as is more fully provided in this Agreement. Borrower shall operate any Individual Property that is the subject of any O&M Program in accordance with the terms and provisions thereof in all material respects.5.1.2

Appears in 1 contract

Samples: Loan Agreement (CaliberCos Inc.)

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