Borrower’s Attorney’s Opinion. An opinion of counsel to the Borrower and each Obligor in form and substance acceptable to the Bank.
Borrower’s Attorney’s Opinion. An opinion of counsel to Borrower, Managing Member and Guarantor addressing such issues as Lender may reasonably request, in form and substance satisfactory to Lender.
Borrower’s Attorney’s Opinion. An opinion of Borrower’s counsel addressing such issues as Agent may request, including the following propositions and questions of law that:
(i) Borrower, its manager or general partner, as applicable, and, if Guarantor is not an individual, Guarantor are duly organized, validly existing and in good standing to do business in the state of their respective organization and in the State;
(ii) Borrower has all necessary legal right, power and authority to conduct its business, to operate and use the Property and to enter into and perform its obligations under this Agreement and the Loan Documents;
(iii) all necessary corporate, shareholder, membership, partnership approvals, resolutions and directions have been obtained for the operation and use of the Property and the execution of this Agreement and the Loan Documents;
(iv) the execution and delivery of this Agreement and the Loan Documents, the performance thereunder by Borrower will comply with all applicable law and will not violate or conflict with the instruments under which Borrower is organized or any applicable contracts or agreements; and
(v) the Loan Documents and this Agreement have been duly and validly executed and delivered.
Borrower’s Attorney’s Opinion. An opinion of counsel for Borrower and the other Credit Parties, and local counsel, as required by Lender, dated as of the Closing Date, addressing such issues as Lender may request in form and substance acceptable to Lender and its counsel, including the following propositions and questions of law:
(i) that Borrower and Operator are duly organized, validly existing and in good standing to do business in the state of Georgia and qualified to do business in the state of Oklahoma;
(ii) that each Credit Party has all necessary legal right, power and authority to conduct its business and to enter into and perform its obligations under this Agreement and the Loan Documents to which it is a party;
(iii) that all necessary manager, membership, partner, officer, director or shareholder approvals, resolutions and directions of each Credit Party have been obtained for the ownership and lease of the Property and the execution of this Agreement and the Loan Documents to which it is a party;
(iv) that the execution and delivery of this Agreement and the Loan Documents, and the performance thereunder by Borrower and the other Credit Parties will comply with all applicable laws and will not violate or conflict with the instruments under which Borrower or any Credit Party is organized or any applicable contracts or agreements;
(v) that the Loan Documents and this Agreement have been duly and validly executed and delivered, are enforceable in accordance with their respective terms (subject to bankruptcy laws and laws pertaining to the exercise of creditors’ rights generally) and are subject to no defenses of any kind;
(vi) that the making of the Loan, and the charging of all interest and fees due thereunder do not violate any usury or consumer credit laws;
(vii) that if permitted by the laws of the state of Oklahoma, Borrower has effectively waived in the Mortgage any rights of redemption from a decree or order foreclosing the Mortgage on behalf of itself and all persons claiming through Borrower;
(viii) the security interests granted by Borrower in the Collateral shall be validly created and perfected so that at the Closing Date, Lender shall have a perfected first lien and security interest in the Collateral; and
(ix) such other matters as reasonably requested by Lender.
Borrower’s Attorney’s Opinion. An opinion of Borrower’s counsel addressing such issues as the Bank may request, including the following propositions and questions of law that:
(i) Borrower, its manager or general partner, as applicable, and, if Guarantor is not an individual, Guarantor, are duly organized, validly existing and in good standing to do business in the state of their respective organization and in the State;
(ii) Borrower has all necessary legal right, power and authority to conduct its business, to operate and use the Property and to enter into and perform its obligations under this Agreement and the Loan Documents;
(iii) all necessary corporate, shareholder, membership, partnership approvals, resolutions and directions have been obtained for the operation and use of the Property and the execution of this Agreement and the Loan Documents;
(iv) the execution and delivery of this Agreement and the Loan Documents, the performance thereunder by Borrower will comply with all applicable law in all material respects and will not violate with the instruments under which Borrower is organized or any applicable contracts or agreements; and
(v) the Loan Documents and this Agreement have been duly and validly executed and delivered, are enforceable in accordance with their respective terms (subject to bankruptcy laws and laws pertaining to the exercise of creditors’ rights generally) and are subject to no defenses of any kind.
Borrower’s Attorney’s Opinion. An opinion of Borrower’s counsel addressing such issues as the Bank may request, including the following propositions and questions of law:
Borrower’s Attorney’s Opinion. An opinion of Borrower’s counsel addressing such issues as Agent may reasonably request, including the following propositions and questions of law that to the extent the same are customarily given in the State:
(i) Borrower and Guarantor are duly organized, validly existing and in good standing to do business in the state of their respective organization and in the State;
(ii) Each of Borrower and Guarantor has all necessary legal right, power and authority to conduct its business and to enter into and perform its obligations under the Loan Documents to which it is a party;
(iii) all necessary corporate, shareholder, membership, partnership approvals, resolutions and directions have been obtained for the execution by each of Borrower and Guarantor of the Loan Documents to which it is a party;
(iv) the execution and delivery by each of Borower and Guarantor of the Loan Documents to which it is a party, the performance thereunder by each of Borrower and Guarantor will comply with all applicable law and will not violate or conflict with the instruments under which Borrower or Guarantor is organized or formed or any applicable material contracts or agreements;
(v) the Loan Documents to which Borrower or Guarantor is a party have been duly and validly executed and delivered by Borrower or Guarantor, as applicable, and are enforceable in accordance with their respective terms (subject to bankruptcy laws and laws pertaining to the exercise of creditors’ rights generally); and
(vi) the making of the Loan, the charging of all interest and fees due thereunder do not violate any usury laws.
Borrower’s Attorney’s Opinion. An opinion of Borrower’s counsel addressing such issues as Lender may request, including due formation, authorization and enforceability of the Loan Documents, all in form and substance reasonably satisfactory to Lender:
Borrower’s Attorney’s Opinion. An opinion of one or more counsel for the Obligors and Constituent Entities satisfactory to Lender.
Borrower’s Attorney’s Opinion. An opinion of one or more counsel for the Hotel Borrower and any other Person specified by Lender, satisfactory to Lender.
