Change of Name, Identity or Structure. Except as provided in the Loan Agreement, Mortgagor shall not change Mortgagor’s name, identity (including its trade name or names) or, if not an individual, Mortgagor’s corporate, partnership or other structure without first (a) notifying Mortgagee of such change in writing at least thirty (30) days prior to the effective date of such change, (b) taking all action reasonably required by Mortgagee for the purpose of perfecting or protecting the lien and security interest of Mortgagee and (c) in the case of a change in Mortgagor’s structure, without first obtaining the prior written consent of Mortgagee except as permitted pursuant to the Loan Agreement. Mortgagor shall promptly notify Mortgagee in writing of any change in its organizational identification number. If Mortgagor does not now have an organizational identification number and later obtains one, Mortgagor shall promptly notify Mortgagee in writing of such organizational identification number. Mortgagor shall execute and deliver to Mortgagee, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change reasonably required by Mortgagee to establish or maintain the validity, perfection and priority of the security interest granted herein. At the reasonable request of Mortgagee, Mortgagor shall execute a certificate in form reasonably satisfactory to Mortgagee listing the trade names under which Mortgagor intends to operate the Property, or cause the Property to be operated, and representing and warranting that Mortgagor does business under no other trade name with respect to the Property not previously disclosed to the Mortgagee.
Appears in 3 contracts
Samples: Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Empire State Realty Trust, Inc.), Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Empire State Realty Trust, Inc.), Fee and Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (Empire State Building Associates L.L.C.)
Change of Name, Identity or Structure. Except as provided in the Loan Agreement, Mortgagor Borrower shall not change Mortgagoror permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names) oralthough Borrower may change the name of any Individual Property without prior notice to, if not an individualor the consent of, MortgagorLender, (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without first (a) in each case notifying Mortgagee Lender of such change in writing at least thirty (30) days prior to the effective date of such changechange and, (b) taking all action reasonably required by Mortgagee for the purpose of perfecting or protecting the lien and security interest of Mortgagee and (c) in the case of a change in MortgagorBorrower’s structure, without first obtaining the prior written consent of Mortgagee except as permitted pursuant Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the Loan Agreementcovenants set forth in Sections 6.1 and 6.4 hereof. Mortgagor shall promptly notify Mortgagee in writing of any change in its organizational identification number. If Mortgagor does not now have an organizational identification number and later obtains one, Mortgagor shall promptly notify Mortgagee in writing of such organizational identification number. Mortgagor shall execute and deliver Borrower authorizes Lender to Mortgagee, prior to or contemporaneously with the effective date of any such change, file any financing statement or financing statement change reasonably amendment required by Mortgagee Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the reasonable request of MortgageeLender, Mortgagor Borrower shall execute a certificate in form reasonably satisfactory to Mortgagee Lender listing the trade names under which Mortgagor Borrower intends to operate the Property, or cause the Property to be operated, and representing and warranting that Mortgagor Borrower does business under no other trade name with respect to the Property Property. If Borrower does not previously disclosed now have an organizational identification number and later obtains one, or if the organizational identification number assigned to the MortgageeBorrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.
Appears in 2 contracts
Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)
Change of Name, Identity or Structure. Except as provided in the Loan Agreement, Mortgagor Borrower shall not change Mortgagor’s or permit to be changed (a) Borrower's name, (b) Borrower's identity (including its trade name or names) oralthough Borrower may change the name of any Parcel without prior notice to, if not an individualor the consent of, Mortgagor’s Lender, (c) Borrower's principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower's state of organization, or (f) Borrower's organizational identification number, without first (a) in each case notifying Mortgagee Lender of such change in writing at least thirty (30) days prior to the effective date of such changechange and, (b) taking all action reasonably required by Mortgagee for the purpose of perfecting or protecting the lien and security interest of Mortgagee and (c) in the case of a change in Mortgagor’s Borrower's structure, without first obtaining the prior written consent of Mortgagee except as permitted pursuant Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the Loan Agreementcovenants set forth in Section 6.1 and Section 6.4 hereof. Mortgagor shall promptly notify Mortgagee in writing of any change in its organizational identification number. If Mortgagor does not now have an organizational identification number and later obtains one, Mortgagor shall promptly notify Mortgagee in writing of such organizational identification number. Mortgagor shall execute and deliver Borrower authorizes Lender to Mortgagee, prior to or contemporaneously with the effective date of any such change, file any financing statement or financing statement change reasonably amendment required by Mortgagee Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the reasonable request of MortgageeLender, Mortgagor Borrower shall execute a certificate in form reasonably satisfactory to Mortgagee Lender listing the trade names under which Mortgagor Borrower intends to operate the Property, or cause the Property to be operated, and representing and warranting that Mortgagor Borrower does business under no other trade name with respect to the Property Property. If Borrower does not previously disclosed now have an organizational identification number and later obtains one, or if the organizational identification number assigned to the MortgageeBorrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.
Appears in 2 contracts
Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)
Change of Name, Identity or Structure. Except as provided in the Loan Agreement, Mortgagor shall not change Mortgagor’s name, identity (including its trade name or names) or, if not an individual, Mortgagor’s corporate, partnership or other structure without first (a) notifying Mortgagee of such change in writing at least thirty (30) days prior to the effective date of such change, (b) taking all reasonable action reasonably required by Mortgagee for the purpose of perfecting or protecting the lien Lien and security interest of Mortgagee and (c) in the case of a change in Mortgagor’s structure, without first obtaining the prior written consent of Mortgagee except as permitted pursuant but only to the extent required under the Building Loan Agreement. Mortgagor shall promptly notify Mortgagee in writing of any change in its organizational identification number. If Mortgagor does not now have an organizational identification number and later obtains one, Mortgagor shall promptly notify Mortgagee in writing of such organizational identification number. Mortgagor shall execute and deliver to Mortgagee, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change reasonably required by Mortgagee to establish or maintain the validity, perfection and priority of the security interest granted herein. At the reasonable request of Mortgagee, Mortgagor shall execute a certificate in form reasonably satisfactory to Mortgagee listing the trade names under which Mortgagor intends to operate the Property, or cause the Property to be operated, and representing and warranting that Mortgagor does business under no other trade name with respect to the Property not previously disclosed to the MortgageeProperty.
Appears in 1 contract
Samples: Mortgage Agreement (KBS Real Estate Investment Trust, Inc.)
Change of Name, Identity or Structure. Except as provided in the Loan Agreement, Mortgagor Borrower shall not change Mortgagoror permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names) oralthough Borrower may change the name of any Parcel without prior notice to, if not an individualor the consent of, MortgagorLender, (c) Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without first (a) in each case notifying Mortgagee Lender of such change in writing at least thirty (30) days prior to the effective date of such changechange and, (b) taking all action reasonably required by Mortgagee for the purpose of perfecting or protecting the lien and security interest of Mortgagee and (c) in the case of a change in MortgagorBorrower’s structure, without first obtaining the prior written consent of Mortgagee except as permitted pursuant Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the Loan Agreementcovenants set forth in Section 6.1 and 6.4 hereof. Mortgagor shall promptly notify Mortgagee in writing of any change in its organizational identification number. If Mortgagor does not now have an organizational identification number and later obtains one, Mortgagor shall promptly notify Mortgagee in writing of such organizational identification number. Mortgagor shall execute and deliver Borrower authorizes Lender to Mortgagee, prior to or contemporaneously with the effective date of any such change, file any financing statement or financing statement change reasonably amendment required by Mortgagee Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the reasonable request of MortgageeLender, Mortgagor Borrower shall execute a certificate in form reasonably satisfactory to Mortgagee Lender listing the trade names under which Mortgagor Borrower intends to operate the Property, or cause the Property to be operated, and representing and warranting that Mortgagor Borrower does business under no other trade name with respect to the Property Property. If Borrower does not previously disclosed now have an organizational identification number and later obtains one, or if the organizational identification number assigned to the MortgageeBorrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.
Appears in 1 contract
Samples: Loan Agreement (Sun Communities Inc)
Change of Name, Identity or Structure. Except as provided in the Loan Agreement, Mortgagor shall not change Mortgagor’s name, identity (including its trade name or names) or, if not an individual, Mortgagor’s corporate, partnership or other structure without first (a) notifying Mortgagee of such change in writing at least thirty (30) days prior to the effective date of such change, (b) taking all reasonable action reasonably required by Mortgagee for the purpose of perfecting or protecting the lien Lien and security interest of Mortgagee and (c) in the case of a change in Mortgagor’s structure, without first obtaining the prior written consent of Mortgagee except as permitted pursuant but only to the extent required under the Project Loan Agreement. Mortgagor shall promptly notify Mortgagee in writing of any change in its organizational identification number. If Mortgagor does not now have an organizational identification number and later obtains one, Mortgagor shall promptly notify Mortgagee in writing of such organizational identification number. Mortgagor shall execute and deliver to Mortgagee, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change reasonably required by Mortgagee to establish or maintain the validity, perfection and priority of the security interest granted herein. At the reasonable request of Mortgagee, Mortgagor shall execute a certificate in form reasonably satisfactory to Mortgagee listing the trade names under which Mortgagor intends to operate the Property, or cause the Property to be operated, and representing and warranting that Mortgagor does business under no other trade name with respect to the Property not previously disclosed to the MortgageeProperty.
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Change of Name, Identity or Structure. Except as provided in the Loan Agreement, Mortgagor shall not change Mortgagor’s name, identity (including its trade name or names) or, if not an individual, Mortgagor’s corporate, partnership or other structure without first (a) notifying Mortgagee of such change in writing at least thirty (30) days prior to the effective date of such change, (b) taking all reasonable action reasonably required by Mortgagee for the purpose of perfecting or protecting the lien Lien and security interest of Mortgagee and (c) in the case of a change in Mortgagor’s structure, without first obtaining the prior written consent of Mortgagee except as permitted pursuant but only to the extent required under the Senior Loan Agreement. Mortgagor shall promptly notify Mortgagee in writing of any change in its organizational identification number. If Mortgagor does not now have an organizational identification number and later obtains one, Mortgagor shall promptly notify Mortgagee in writing of such organizational identification number. Mortgagor shall execute and deliver to Mortgagee, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change reasonably required by Mortgagee to establish or maintain the validity, perfection and priority of the security interest granted herein. At the reasonable request of Mortgagee, Mortgagor shall execute a certificate in form reasonably satisfactory to Mortgagee listing the trade names under which Mortgagor intends to operate the Property, or cause the Property to be operated, and representing and warranting that Mortgagor does business under no other trade name with respect to the Property not previously disclosed to the MortgageeProperty.
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Change of Name, Identity or Structure. Except as provided in the Loan Agreement, Mortgagor shall not change Mortgagor’s 's name, identity (including its trade name or names) or, if not an individual, Mortgagor’s 's corporate, partnership or other structure except as expressly permitted under the Building Loan Agreement without first (a) notifying Mortgagee of such change in writing at least thirty (30) days prior to the effective date of such change, ; (b) taking all action reasonably required by Mortgagee for the purpose of perfecting or protecting the lien and security interest of Mortgagee Mortgagee; and (c) in the case of a change in Mortgagor’s structure's structure other than as expressly permitted under the Building Loan Agreement, without first obtaining the prior written consent of Mortgagee except as permitted pursuant to the Loan AgreementMortgagee. Mortgagor shall promptly notify Mortgagee in writing of any change in its organizational identification number. If Mortgagor does not now have an organizational identification number and later obtains one, Mortgagor shall promptly notify Mortgagee in writing of such organizational identification number. Mortgagor shall execute and deliver to Mortgagee, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change reasonably required by Mortgagee to establish or maintain the validity, perfection and priority of the security interest granted herein. At the reasonable request of Mortgagee, Mortgagor shall execute a certificate in form reasonably satisfactory to Mortgagee listing the trade names under which Mortgagor intends to operate the Property, or cause the Property to be operated, and representing and warranting that Mortgagor does business under no other trade name with respect to the Property not previously disclosed to the MortgageeProperty.
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Change of Name, Identity or Structure. Except as provided in the Loan Agreement, Mortgagor Borrower shall not change Mortgagor’s or permit to be changed (a) Borrower's name, (b) Borrower's identity (including its trade name or names) oralthough Borrower may change the name of the Property without prior notice to, if not an individualor the consent of, Mortgagor’s Lender, (c) Borrower's principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower's state of organization, or (f) Borrower's organizational identification number, without first (a) in each case notifying Mortgagee Lender of such change in writing at least thirty (30) days prior to the effective date of such changechange and, (b) taking all action reasonably required by Mortgagee for the purpose of perfecting or protecting the lien and security interest of Mortgagee and (c) in the case of a change in Mortgagor’s Borrower's structure, without first obtaining the prior written consent of Mortgagee except as permitted pursuant Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the Loan Agreementcovenants set forth in Section 6.1 and Section 6.4 hereof. Mortgagor shall promptly notify Mortgagee in writing of any change in its organizational identification number. If Mortgagor does not now have an organizational identification number and later obtains one, Mortgagor shall promptly notify Mortgagee in writing of such organizational identification number. Mortgagor shall execute and deliver Borrower authorizes Lender to Mortgagee, prior to or contemporaneously with the effective date of any such change, file any financing statement or financing statement change reasonably amendment required by Mortgagee Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the reasonable request of MortgageeLender, Mortgagor Borrower shall execute a certificate in form reasonably satisfactory to Mortgagee Lender listing the trade names under which Mortgagor Borrower intends to operate the Property, or cause the Property to be operated, and representing and warranting that Mortgagor Borrower does business under no other trade name with respect to the Property Property. If Borrower does not previously disclosed now have an organizational identification number and later obtains one, or if the organizational identification number assigned to the MortgageeBorrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.
Appears in 1 contract
Samples: Loan Agreement (Sun Communities Inc)
Change of Name, Identity or Structure. Except as provided in the Loan Agreement, Mortgagor (a) Borrower shall not change Mortgagoror permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) orBorrower’s principal place of business set forth on the first page of this Agreement, if not an individual, Mortgagor’s (d) the corporate, partnership or other organizational structure of Borrower or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without first (a) in each case notifying Mortgagee Lender of such change in writing at least thirty (30) days prior to the effective date of such changechange and, (b) taking all action reasonably required by Mortgagee for the purpose of perfecting or protecting the lien and security interest of Mortgagee and (c) in the case of a change in MortgagorBorrower’s structurestructure (except as provided herein with respect to transfers set forth in Article 7), without first obtaining the prior written consent of Mortgagee except as permitted pursuant Lender, which consent shall not be unreasonably withheld, conditioned or delayed. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower if such change would adversely impact the Loan Agreementcovenants set forth in Section 6.1 hereof. Mortgagor shall promptly notify Mortgagee in writing of any change in its organizational identification number. If Mortgagor does not now have an organizational identification number and later obtains one, Mortgagor shall promptly notify Mortgagee in writing of such organizational identification number. Mortgagor shall execute and deliver Borrower authorizes Lender to Mortgagee, prior to or contemporaneously with the effective date of any such change, file any financing statement or financing statement change reasonably amendment required by Mortgagee Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the reasonable request of MortgageeLender, Mortgagor Borrower shall execute a certificate in form reasonably satisfactory to Mortgagee Lender listing the trade names under which Mortgagor Borrower intends to operate the Property, or cause the Property to be operated, and representing and warranting that Mortgagor Borrower does business under no other trade name with respect to the Property Property. If Borrower does not previously disclosed now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change. In connection with all requests for approvals or consents by Lender pursuant to this Section 6.2, the Lender’s approval shall be deemed granted if not disapproved in writing within ten (10) Business Days of Lender’s receipt of written request for such approval in an envelope marked “LENDER’S RESPONSE IS REQUIRED WITHIN TEN (10) BUSINESS DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF THE LOAN AGREEMENT” together with all other information and documentation related thereto reasonably requested by Lender.
(b) Master Lessee shall not change or permit to be changed (a) Master Lessee’s name, (b) Master Lessee’s identity (including its trade name or names), (c) Master Lessee’s principal place of business set forth in this Agreement, (d) the corporate, partnership or other organizational structure of Master Lessee, (e) Master Lessee’s state of organization, or (f) Master Lessee’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the Mortgageeeffective date of such change and, in the case of a change in Master Lessee’s structure, without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. In addition, Master Lessee shall not change or permit to be changed any organizational documents of Master Lessee if such change would adversely impact the covenants set forth in Section 6.1 hereof. At the request of Lender, Master Lessee shall execute a certificate in form satisfactory to Lender listing the trade names under which Master Lessee intends to operate the Property, and representing and warranting that Master Lessee does business under no other trade name with respect to the Property. If Master Lessee does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Master Lessee subsequently changes, Master Lessee shall promptly notify Lender of such organizational identification number or change. In connection with all requests for approvals or consents by Lender pursuant to this Section 6.2, the Lender’s approval shall be deemed granted if not disapproved in writing within ten (10) Business Days of Lender’s receipt of written request for such approval in an envelope marked “LENDER’S RESPONSE IS REQUIRED WITHIN TEN (10) BUSINESS DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF THE LOAN AGREEMENT” together with all other information and documentation related thereto reasonably requested by Lender.
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