Change of Name, Identity or Structure. Borrower shall not change its name, identity (including its trade name or names) 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 that could result in Borrower not being a Special Purpose Bankruptcy Remote Entity or result in a violation of the transfer provisions of the Loan Documents, 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 5 contracts
Samples: Loan Agreement (Hines Global REIT, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)
Change of Name, Identity or Structure. Except as expressly permitted under the Loan Agreement, Borrower shall not change its Borrower’s name, identity (including its trade name or names) or 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 that could result in Borrower not being a Special Purpose Bankruptcy Remote Entity or result in a violation of the transfer provisions of the Loan Documentsstructure, without first obtaining the prior written consent of Lender, except as otherwise permitted pursuant to Section 5.2.10 of the Loan 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: Deed of Trust, Security Agreement and Fixture Filing (FelCor Lodging Trust Inc), Record And (FelCor Lodging Trust Inc)
Change of Name, Identity or Structure. Borrower shall will not cause or permit any change to be made to its name, identity name (including its trade name or names) or Borrower’s corporate, partnership or other organizational structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change (such notice to include a revised organizational chart showing such change) and, except as expressly set forth to the contrary in the case of a change in Borrower’s structure that could result in Borrower not being a Special Purpose Bankruptcy Remote Entity or result in a violation of the transfer provisions of the Loan DocumentsSection 8.2 hereof with respect to Permitted Transfers, 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 amendment to financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest interests granted hereinby the Loan Documents. At the request of Lender’s request, Borrower shall execute a certificate in form satisfactory to Lender listing the each trade names name under which Borrower operates or 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 (KBS Strategic Opportunity REIT, Inc.)
Change of Name, Identity or Structure. Borrower shall not change its Borrower’s name, identity (including its trade name or names) or or, if not an individual, Borrower’s corporate, partnership or other structure without notifying Lender Beneficiary of such change in writing at least thirty (30) days prior to the effective date of such change and, in the case of a EXHIBIT G-1 – CBL 4873-9001-7310\2 change in Borrower’s structure that could result not otherwise permitted under the Credit Agreement or in Borrower not being a Special Purpose Bankruptcy Remote Entity or result in a violation of the transfer provisions of the Loan DocumentsSection 6.2 below, without first obtaining the prior written consent of LenderBeneficiary. Borrower shall execute and deliver to LenderBeneficiary, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender Beneficiary to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of LenderBeneficiary, Borrower shall execute a certificate in form satisfactory to Lender Beneficiary 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.
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Change of Name, Identity or Structure. Borrower shall not change its Borrower's name, identity (including its trade name or names) or 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 structure that could result in Borrower not being a Special Purpose Bankruptcy Remote Entity or result in a violation of the transfer provisions of the Loan Documents's structure, without first obtaining the prior written consent of LenderLender (unless such change in structure constitutes a Permitted Transfer). Borrower shall execute and March 31, 2003 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.
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Change of Name, Identity or Structure. Borrower shall will not cause or permit any change to be made to its name, identity name (including its trade name or names) or Borrower’s corporate, partnership or other organizational structure without notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change (such notice to include a revised organizational chart showing such change) and, except as expressly set forth to the contrary in the case of a change in Borrower’s structure that could result in Borrower not being a Special Purpose Bankruptcy Remote Entity or result in a violation of the transfer provisions of the Loan DocumentsSection 8.2 hereof with respect to Permitted Transfers, 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 amendment to financing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest interests granted hereinby the Loan Documents. At the request of Lender's request, Borrower shall execute a certificate in form satisfactory to Lender listing the each trade names name under which Borrower operates or intends to operate own the PropertyCollateral, and representing and warranting that Borrower does business under no other trade name with respect to the PropertyCollateral.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (KBS Strategic Opportunity REIT, Inc.)
Change of Name, Identity or Structure. Borrower shall not change its name, identity (including its trade name or names) 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 that could result in Borrower not being a Special Purpose Bankruptcy Remote Entity or result in a violation of the transfer provisions of the Loan Documents, 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.. 40
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Change of Name, Identity or Structure. Borrower shall not change its Borrower’s name, identity (including its trade name or names) or 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 that could result in Borrower not being a Special Purpose Bankruptcy Remote Entity or result in a violation of the transfer provisions of the Loan Documentsstructure, except as expressly permitted pursuant to Article 8 hereof, 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 reasonably satisfactory to Lender listing the trade names under which Borrower intends to operate the PropertyProperties, and representing and warranting that Borrower does business under no other trade name with respect to the PropertyProperties.
Appears in 1 contract
Samples: Loan Agreement (Sun Communities Inc)
Change of Name, Identity or Structure. Individual Borrower shall not change its Individual Borrower’s name, identity (including its trade name or names) or or, if not an individual, 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 Individual Borrower’s structure that could result in Borrower not being a Special Purpose Bankruptcy Remote Entity or result in a violation of the transfer provisions of the Loan Documentsstructure, without first obtaining the prior written consent of Lender, except as otherwise permitted pursuant to Section 5.2.10 of the Loan Agreement. Individual 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, Individual Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Individual Borrower intends to operate the Property, and representing and warranting that Individual Borrower does business under no other trade name with respect to the Property.
Appears in 1 contract
Samples: Mortgage and Security Agreement (BlueLinx Holdings Inc.)