Common use of Change of Name, Identity or Structure Clause in Contracts

Change of Name, Identity or Structure. Borrower shall not change Borrower's name, identity (including its trade name or names) or, if not an individual, Borrower's corporate, partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's structure, without first obtaining the prior written consent of Lender. Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 20 contracts

Samples: Mortgage and Security Agreement (Acadia Realty Trust), Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc), Deed of Trust and Security Agreement (Behringer Harvard Reit I Inc)

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Change of Name, Identity or Structure. Borrower shall not change Borrower's ’s name, identity (including its trade name or names) or, if not an individual, Borrower's ’s corporate, partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's ’s structure, without first obtaining the prior written consent of Lender. Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 7 contracts

Samples: Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.), Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.), Deed of Trust (TNP Strategic Retail Trust, Inc.)

Change of Name, Identity or Structure. No Borrower shall not change Borrower's its name, identity (including its trade name or names) or, if not an individual, or such Borrower's corporate, partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in such Borrower's structure, without first obtaining the prior written consent of Lender. Each Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, each Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which such Borrower intends to operate the Property, and representing and warranting that such Borrower does business under no other trade name with respect to the Property.

Appears in 5 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

Change of Name, Identity or Structure. No Borrower shall not change such Borrower's ’s name, identity (including its trade name or names) or, if not an individual, such Borrower's ’s corporate, partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in such Borrower's ’s structure, without first obtaining the prior written consent of Lender. Each Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest interests granted herein. At the request of Lender, each Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which such Borrower intends to operate the its Property, and representing and warranting that such Borrower does business under no other trade name with respect to the its Property.

Appears in 4 contracts

Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)

Change of Name, Identity or Structure. Borrower shall not change Borrower's ’s name, identity (including its trade name or names) or, if not an individual, Borrower's corporate, partnership or other convert from a Delaware single member limited liability company structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's structure, and without first obtaining the prior written consent of Lender; provided, however, that Borrower shall at all times be a Delaware single member limited liability company. Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 3 contracts

Samples: Loan Agreement (NOVONIX LTD), Loan Agreement (NOVONIX LTD), Loan Agreement (Medalist Diversified REIT, Inc.)

Change of Name, Identity or Structure. Borrower shall not change Borrower's name, identity (including its trade name or names) or, if not an individual, Borrower's corporate, partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's structure, without first obtaining the prior written consent of Lender,. Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 2 contracts

Samples: Fee and Leasehold Deed of Trust and Security Agreement (Glimcher Realty Trust), Mortgage and Security Agreement (Glimcher Realty Trust)

Change of Name, Identity or Structure. Borrower shall not change Borrower's its name, identity (including its trade name or names) or, if not an individual, or Borrower's corporate, partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's structure, without first obtaining the prior written consent of LenderLender (but subject to the Permitted Transfer provisions in this Agreement). Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 2 contracts

Samples: Loan Agreement (Medalist Diversified REIT, Inc.), Loan Agreement (Medalist Diversified REIT, Inc.)

Change of Name, Identity or Structure. Borrower shall not change Borrower's ’s name, identity (including its trade name or names) or, if not an individual, Borrower's corporate, partnership or other convert from a single member limited liability company structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's structure, and without first obtaining the prior written consent of Lender; provided, however, that Borrower shall at all times be a Delaware single member limited liability company. Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 2 contracts

Samples: Loan Agreement (Washington Prime Group, L.P.), Loan Agreement

Change of Name, Identity or Structure. Borrower shall not (and shall not permit Owner to) change Borrower's ’s or Owner’s name, identity (including its trade name or names) oror convert from its current business structure as a limited liability company or a limited partnership structure, if not an individualas applicable, Borrower's corporate, partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's structure, and without first obtaining the prior written consent of Lender. Borrower shall execute (and shall cause Owner to) deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower shall execute a certificate in form reasonably satisfactory to Lender listing the trade names under which Borrower Owner intends to operate the each Individual Property, and representing and warranting that Borrower Owner does business under no other trade name with respect to the such Individual Property.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (W2007 Grace Acquisition I Inc), Mezzanine Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Change of Name, Identity or Structure. Borrower shall not change Borrower's ’s name, identity (including its trade name or names) or, if not an individual, Borrower's ’s corporate, partnership or other structure without notifying Lender of such change in writing at least thirty fifteen (3015) days prior to the effective date of such change and, in the case of a change in Borrower's ’s structure, without first obtaining the prior written consent of Lender. Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Koger Equity Inc)

Change of Name, Identity or Structure. Borrower shall will not change Borrower's name, identity (including its trade name or names) or, if not an individual, Borrower's corporate, partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's structure, without first obtaining the prior written consent of Lender. Borrower shall will execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Wellsford Real Properties Inc)

Change of Name, Identity or Structure. No Borrower shall not change Borrower's its name, identity (including its trade name or names) or, if not an individual, Borrower's its corporate, partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in any Borrower's structure, without first obtaining the prior written consent of Lender. Such Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the written request of Lender, each Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which such 124 Borrower intends to operate the applicable Individual Property, and representing and warranting that such Borrower does business under no other trade name with respect to the such Individual Property.

Appears in 1 contract

Samples: Loan Agreement (Horizon Group Properties Inc)

Change of Name, Identity or Structure. Borrower shall not (and shall not permit Owner or any other Borrower Party to) change Borrower's such Person’s name, identity (including its trade name or names) or, if not an individual, Borrower's corporate, partnership or convert from its existing organizational structure to any other form of organizational structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's structure, and without first obtaining the prior written consent of Lender. Borrower shall execute (and shall cause Owner to) deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower shall execute a certificate in form reasonably satisfactory to Lender listing the trade names under which Borrower Owner intends to operate the Property, and representing and warranting that Borrower Owner does business under no other trade name with respect to the Property.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (New York REIT, Inc.)

Change of Name, Identity or Structure. Borrower shall not change Borrower's ’s name, identity (including its trade name or names) or, if not an individual, Borrower's ’s corporate, partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's ’s structure, without first obtaining the prior written consent of Lender. Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names names, if any, under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Moody National REIT I, Inc.)

Change of Name, Identity or Structure. Except as may be permitted under the Loan Agreements, Borrower shall will not change Borrower's name, identity (including its trade name or names) or, if not an individual, Borrower's or corporate, partnership or other structure without notifying Lender Lenders of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's structure, without first obtaining the prior written consent of LenderLenders. Borrower shall execute and deliver to LenderLenders, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender Lenders to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of LenderLenders, Borrower shall execute a certificate in form satisfactory to Lender Lenders listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Fibercore Inc)

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Change of Name, Identity or Structure. Borrower shall will not change Borrower's name, identity (including its trade name or names) or, or if not an individual, Borrower's corporate, ’s partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case ease of a change in Borrower's structure, structure without first obtaining the prior written consent of Lender. Borrower shall will execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 1 contract

Samples: Assumption and Release Agreement (Blue Ridge Real Estate Co)

Change of Name, Identity or Structure. Borrower shall not change Borrower's its name, identity (including its trade name or names) or, if not an individual, Borrower's ’s corporate, partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's ’s structure, without first obtaining the prior written consent of Lender. Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted hereinherein or any other Loan Document. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 1 contract

Samples: Loan Agreement (Morgans Hotel Group Co.)

Change of Name, Identity or Structure. Borrower shall not change Borrower's nameBorrxxxx'x xame, identity (including its trade name or names) or, if not an individual, Borrower's corporate, partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's structure, without first obtaining the prior written consent of Lender. Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of LenderLendxx, Borrower Xxrrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Glimcher Realty Trust)

Change of Name, Identity or Structure. No Borrower shall not change Borrower's its name, identity (including its trade name or names) or, if not an individual, or such Borrower's ’s corporate, partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in such Borrower's ’s structure, without first obtaining the prior written consent of Lender. Each Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, each Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which such Borrower intends to operate the PropertyProperty or Properties owned by such Borrower, and representing and warranting that such Borrower does business under no other trade name with respect to the Property.

Appears in 1 contract

Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.)

Change of Name, Identity or Structure. Borrower shall not change Borrower's ’s name, identity (including its trade name or names) or, if not an individual, Borrower's corporate, partnership or other convert from a limited liability company structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's structure, and without first obtaining the prior written consent of Lender; provided, however, that in no event shall Borrower convert from a Delaware limited liability company to any other entity type or jurisdiction. Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 1 contract

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Change of Name, Identity or Structure. Borrower shall will not ------------------------------------- change Borrower's name, identity (including its trade name or names) or, if not an individual, Borrower's corporate, partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's structure, without first obtaining the prior written consent of Lender. Borrower shall will execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 1 contract

Samples: Variable Interest Rate Deed of Trust (Kilroy Realty Corp)

Change of Name, Identity or Structure. Borrower shall not change Borrower's ’s name, identity (including its trade name or names) or, if not an individual, Borrower's corporate, partnership or other convert from a limited liability company structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's structure, and without first obtaining the prior written consent of Lender; provided, however, that Borrower shall at all times be a single member Delaware limited liability company. Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted hereinherein and in the other Loan Documents. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 1 contract

Samples: Loan Agreement (Clipper Realty Inc.)

Change of Name, Identity or Structure. Borrower and Tenant shall not change Borrower's nametheir respective names, identity identities (including its trade name or names) or, if not an individual, Borrower's their respective corporate, partnership or other structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's structure, without first obtaining the prior written consent of Lender. Borrower and Tenant shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower Mortgagor shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower Mortgagor intends to operate the Property, and representing and warranting that Borrower Mortgagor does business under no other trade name with respect to the Property.

Appears in 1 contract

Samples: Open End Mortgage and Security Agreement (Glimcher Realty Trust)

Change of Name, Identity or Structure. Borrower shall not change Borrower's ’s name, identity (including its trade name or names) or, if not an individual, Borrower's corporate, partnership or other convert from a limited liability company structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a change in Borrower's structure, and without first obtaining the prior written consent of Lender; provided, however, that Borrower shall at all times be a Delaware limited liability company or a Delaware limited partnership. Borrower shall execute and deliver to Lender, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower shall execute a certificate in form reasonably satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotels & Resorts, Inc)

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