Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (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 or each SPE Component Entity (if any), (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case 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 or state of organization, without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. 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 Properties, and representing and warranting that Borrower does business under no other trade name with respect to the Properties. If Borrower does not 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.
Appears in 6 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 or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (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 or each SPE Component Entity (if any)Borrower, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, conditioned or delayedperfection and priority of the security interest granted under the 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. If Borrower does not 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.
Appears in 6 contracts
Samples: Work Letter Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)
Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s 's name, (b) Borrower’s identity (including its trade name or names)) or, (c) if not an individual, Borrower’s principal place of business set forth on the first page of this Agreement, (d) the 's corporate, partnership or other organizational structure of Borrower or each SPE Component Entity without first (if any), (ea) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case notifying Lender of such change in writing at least thirty (30) days prior to the effective date of such change andchange, (b) taking all action required by Lender for the purpose of perfecting or protecting the lien and security interest of Lender and (c) in the case of a change in Borrower’s structure or state of organization's structure, without first obtaining the prior written consent of Lender. Borrower shall promptly notify Lender in writing of any change in its organizational identification number. If Borrower does not now have an organizational identification number and later obtains one, which consent Borrower shall not be unreasonably withheldpromptly notify Lender in writing of such organizational identification number. Borrower shall execute and deliver to Lender, conditioned prior to or delayedcontemporaneously 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the Properties. If Borrower does not 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 changeProperty.
Appears in 4 contracts
Samples: Electro Scientific Industries Inc, Security Agreement (Glimcher Realty Trust), Security Agreement (Glimcher Realty Trust)
Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s 's name, (b) Borrower’s 's identity (including its trade name or names), (c) Borrower’s 's principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower or each SPE Component Entity (if any)Borrower, (e) Borrower’s 's state of organization, or (f) Borrower’s 's organizational identification number, without in each case 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 or state of organization's structure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents of Borrower if such change would adversely impact the covenants set forth in Sections 6.1 and 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, conditioned or delayedperfection 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 Propertiesunder, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. If Borrower does not 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.
Appears in 4 contracts
Samples: Mezzanine Loan Agreement (Maguire Properties Inc), Junior Mezzanine Loan Agreement (Maguire Properties Inc), Senior Mezzanine Loan Agreement (Maguire Properties Inc)
Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (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 or Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, conditioned or delayedperfection 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. If Borrower does not 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.
Appears in 3 contracts
Samples: Loan Agreement (AmREIT, Inc.), Loan Agreement (Acadia Realty Trust), Loan Agreement (Gladstone Commercial Corp)
Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s 's name, (b) Borrower’s 's identity (including its trade name or names), (c) Borrower’s 's principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower or Borrower, each SPE Component Entity (if any), or Guarantor, (e) Borrower’s 's state of organization, or (f) Borrower’s 's organizational identification number, without in each case 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 or state of organization, without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. If Borrower does not 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.
Appears in 2 contracts
Samples: Loan Agreement (MVP REIT, Inc.), Loan Agreement (MVP REIT II, Inc.)
Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s its name, (b) Borrower’s its identity (including its trade name or names), (c) Borrower’s its principal place of business set forth on the first page of this Agreementbusiness, (d) the corporate, partnership or other organizational structure of Borrower or Borrower, each SPE Component Entity (if any), or Borrower Principal, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents of Borrower or any SPE Component Entity (if any) if such change would violate the covenants set forth in Section 6.01 and Section 6.04 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment reasonably required by Lender to establish or maintain the validity, conditioned or delayedperfection and priority of the security interest granted herein. At the reasonable 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 Propertieseach Individual Property, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesIndividual Property. If Borrower does not 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.
Appears in 2 contracts
Samples: Loan Agreement (Bon Ton Stores Inc), Loan Agreement (Bon Ton Stores Inc)
Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s 's name, (b) Borrower’s 's identity (including its trade name or names), (c) Borrower’s 's principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower or each SPE Component Entity (if any)Borrower, (e) Borrower’s 's state of organization, or (f) Borrower’s 's organizational identification number, without in each case 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 or state of organization's structure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents of Borrower or if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, conditioned or delayedperfection 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. If Borrower does not 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.
Appears in 2 contracts
Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)
Change of Name, Identity or Structure. Neither Borrower nor any SPE Component Entity shall not change (or permit to be changed changed) their respective, and Borrower shall not cause or permit Mortgage Borrower or any Mortgage SPE Component Entity to change (or permit to be changed) their respective, (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, Agreement or (d) the if not an individual, such Person’s corporate, partnership or other organizational structure of Borrower or each SPE Component Entity (if any), (e) Borrower’s state of organizationformation, or (f) Borrower’s organizational identification numberwithout, without in each case case, 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 Borrowersuch Person’s structure or state of organizationformation, without first obtaining the prior written consent of Lender and, if required by Lxxxxx, a Rating Agency Confirmation with respect thereto. Borrower shall execute and deliver to Lender, which consent shall not be unreasonably withheldprior to or contemporaneously with the effective date of any such change, conditioned any financing statement or delayedfinancing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of LenderLxxxxx, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower or any applicable SPE Component Entity intends to operate own the PropertiesCollateral, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the PropertiesCollateral. If Any Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower that is a Delaware limited liability company shall promptly notify Lender of such organizational identification number or changeat all times remain a Delaware single-member limited liability company.
Appears in 2 contracts
Samples: Mezzanine Loan Agreement (Industrial Logistics Properties Trust), Mezzanine Loan Agreement (Industrial Logistics Properties Trust)
Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (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 or Borrower, each SPE Component Entity (if any), or Guarantor, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, conditioned or delayedperfection 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 Individual Properties, and representing and warranting that Borrower does business under no other trade name with respect to the Individual Properties. If Borrower does not 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.
Appears in 1 contract
Samples: Term Loan Agreement (Developers Diversified Realty Corp)
Change of Name, Identity or Structure. Except as expressly permitted pursuant to Section 6.3 hereof, Borrower shall not change (or permit to be changed changed) Borrower’s, Mortgage Borrower’s or the SPE Component Entity’s (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s state in which its principal place of business is located as set forth on the first page of this AgreementAgreement or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other organizational structure of Borrower or each SPE Component Entity (if any), (e) Borrower’s state of organization, or (f) Borrower’s organizational identification numberstructure, without in each case 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 or state of organizationthe SPE Component Entity’s structure, without first obtaining the prior written consent of Lender, which Lender such consent shall not to be unreasonably withheld, conditioned or delayed. 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 or the SPE Component Entity intends to operate the PropertiesProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Properties. If Borrower does not 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 changeProperty.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Cole Corporate Income Trust, Inc.)
Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (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 or each SPE Component Entity (if any)Entity, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case 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 or state of organization, without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. 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 Properties, and representing and warranting that Borrower does business under no other trade name with respect to the Properties. If Borrower does not 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.
Appears in 1 contract
Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (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, or Borrower or each SPE Component Entity (if any)Principal, (e) Borrower’s state province of organization, or (f) Borrower’s organizational identification number, if applicable, without in each case 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents of Borrower if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, conditioned or delayedperfection 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. If Borrower does not 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. Nothing in this Section 6.2 shall be deemed to restrict any express rights granted to Borrower under Article 7 hereof.
Appears in 1 contract
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Change of Name, Identity or Structure. Borrower shall not (and shall not cause or permit any Loan Party to) change or permit to be changed (a) Borrower’s its name, (b) Borrower’s b)its identity (including its trade name or names), (c) Borrower’s its principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower or each SPE Component Entity (if any)any Loan Party, (e) Borrower’s its state of organization, or (f) Borrower’s its organizational identification number, without in each case 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 its structure or state of organization, without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower and Mortgage Borrower intends to operate the PropertiesProperties and the Collateral, respectively, and representing and warranting that neither Borrower nor Mortgage Borrower does business under no other trade name with respect to the PropertiesProperties or the Collateral, respectively. If Borrower or Additional Pledgor does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower or Additional Pledgor subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.
Appears in 1 contract
Samples: Mezzanine a Loan Agreement (Ashford Hospitality Trust Inc)
Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) any Borrower’s name, (b) any Borrower’s identity (including its trade name or names), (c) any Borrower’s principal place of business set forth on the first page of this Agreement, (d) other than with respect to Permitted Transfers, the corporate, partnership or other organizational structure of Borrower or each any Borrower, any SPE Component Entity (if any), or Guarantor, (e) any Borrower’s state of organization, or (f) any Borrower’s organizational identification number, without in each case 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 or state of organization, without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. 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 PropertiesProperty, and representing and warranting that such Borrower does business under no other trade name with respect to the PropertiesProperty. If any Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to any Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.
Appears in 1 contract
Samples: Loan Agreement (Griffin Capital Essential Asset REIT II, Inc.)
Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (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 or each SPE Component Entity (if any), (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case 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 or state of organization, without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. At the request of LenderLxxxxx, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Properties, and representing and warranting that Borrower does business under no other trade name with respect to the Properties. If Borrower does not 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.
Appears in 1 contract
Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (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 Borrower, or each SPE Component Entity (if any)Entity, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case 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 or state of organizationstructure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any organizational documents of Borrower or SPE Component Entity if such change would adversely impact the covenants set forth in Section 6.1 and 6.4 hereof. Borrower authorizes Lender to file any financing statement or financing statement amendment required by Lender to establish or maintain the validity, conditioned or delayedperfection 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. If Borrower does not 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.
Appears in 1 contract
Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (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 or Borrower, each SPE Component Entity (if any), or Guarantor, (e) Borrower’s state of organization, or (f) Borrower’s organizational identification number, without in each case 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 or state of organization, without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. 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 PropertiesProperty, and representing and warranting that Borrower does business under no other trade name with respect to the PropertiesProperty. If Borrower does not 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.
Appears in 1 contract
Change of Name, Identity or Structure. Neither Borrower nor any SPE Component Entity shall not change (or permit to be changed changed) their respective, and Borrower shall not cause or permit Mortgage Borrower or any Mortgage SPE Component Entity to change (or permit to be changed) their respective, (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s principal place of business set forth on the first page of this Agreement, Agreement or (d) the if not an individual, such Person’s corporate, partnership or other organizational structure of Borrower or each SPE Component Entity (if any), (e) Borrower’s state of organizationformation, or (f) Borrower’s organizational identification numberwithout, without in each case case, 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 Borrowersuch Person’s structure or state of organizationformation, without first obtaining the prior written consent of Lender and, if required by Xxxxxx, a Rating Agency Confirmation with respect thereto. Borrower shall execute and deliver to Lender, which consent shall not be unreasonably withheldprior to or contemporaneously with the effective date of any such change, conditioned any financing statement or delayedfinancing statement change required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of LenderXxxxxx, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower or any applicable SPE Component Entity intends to operate own the PropertiesCollateral, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the PropertiesCollateral. If Any Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower subsequently changes, Borrower that is a Delaware limited liability company shall promptly notify Lender of such organizational identification number or changeat all times remain a Delaware single-member limited liability company.
Appears in 1 contract
Samples: Mezzanine a Loan Agreement (Industrial Logistics Properties Trust)
Change of Name, Identity or Structure. Borrower shall not (and shall not cause or permit any Loan Party to) change or permit to be changed (a) Borrower’s its name, (b) Borrower’s b)its identity (including its trade name or names), (c) Borrower’s its principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of Borrower or each SPE Component Entity (if any)any Loan Party, (e) Borrower’s its state of organization, or (f) Borrower’s its organizational identification number, without in each case 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 its structure or state of organization, without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Mortgage Borrower, Borrower and/or Mezzanine A Borrower intends to operate the Properties, the Collateral and/or the Mezzanine A Collateral, respectively, and representing and warranting that neither Mortgage Borrower, Borrower or Mezzanine A Borrower does business under no other trade name with respect to the PropertiesProperties or the Collateral, respectively. If Borrower or Additional Pledgor does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to Borrower or Additional Pledgor subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.
Appears in 1 contract
Samples: Mezzanine B Loan Agreement (Ashford Hospitality Trust Inc)
Change of Name, Identity or Structure. Except as expressly permitted pursuant to Section 6.3 hereof, Borrower shall not change (or permit to be changed changed) Borrower’s or the SPE Component Entity’s (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s state in which its principal place of business is located as set forth on the first page of this AgreementAgreement or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other organizational structure of Borrower or each SPE Component Entity (if any), (e) Borrower’s state of organization, or (f) Borrower’s organizational identification numberstructure, without in each case 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 or state of organizationthe SPE Component Entity’s structure, without first obtaining the prior written consent of Lender, which such consent shall not to be unreasonably withheld, conditioned or delayed. 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 or the SPE Component Entity intends to operate the PropertiesProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Properties. If Borrower does not 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 changeProperty.
Appears in 1 contract
Change of Name, Identity or Structure. Except as expressly permitted pursuant to Section 6.3 hereof, Borrower shall not change (or permit to be changed changed) Borrower's or the SPE Component Entity's (a) Borrower’s name, (b) Borrower’s identity (including its trade name or names), (c) Borrower’s state in which its principal place of business is located as set forth on the first page of this AgreementAgreement or, (d) if not an individual, Borrower's or the SPE Component Entity's corporate, partnership or other organizational structure of Borrower or each SPE Component Entity (if any), (e) Borrower’s state of organization, or (f) Borrower’s organizational identification numberstructure, without in each case 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 's or state of organizationthe SPE Component Entity's structure, without first obtaining the prior written consent of Lender, which such consent shall not to be unreasonably withheld, conditioned or delayed. 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 or the SPE Component Entity intends to operate the PropertiesProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Properties. If Borrower does not 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 changeProperty.
Appears in 1 contract
Samples: Loan Agreement (Cole Credit Property Trust Iv, Inc.)
Change of Name, Identity or Structure. Borrower shall not change or permit to be changed (a) any Borrower’s name, (b) any Borrower’s identity (including its trade name or names), (c) any 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 or each any Borrower, any SPE Component Entity (if any), or Guarantor, (e) any Borrower’s state of organization, or (f) any Borrower’s organizational identification number, without in each case 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 or state of organization, without first obtaining the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. 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 PropertiesProperty, and representing and warranting that such Borrower does business under no other trade name with respect to the PropertiesProperty. If any Borrower does not now have an organizational identification number and later obtains one, or if the organizational identification number assigned to any Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.
Appears in 1 contract
Samples: Loan Agreement (Griffin Capital Essential Asset REIT, Inc.)