Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formation, 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 or the SPE Component Entity’s structure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. 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 Collateral, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Collateral.
Appears in 4 contracts
Samples: Mezzanine Loan Agreement (Northstar Realty Finance Corp.), Mezzanine Loan Agreement (Northstar Realty Finance Corp.), Mezzanine Loan Agreement (NorthStar Healthcare Income, Inc.)
Change of Name, Identity or Structure. Except as permitted in Section 6.3, Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, 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 or the SPE Component Entity’s structure or state of formationstructure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. 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 CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.
Appears in 4 contracts
Samples: Loan Agreement (Independence Realty Trust, Inc), Loan Agreement (Independence Realty Trust, Inc), Loan Agreement (Independence Realty Trust, Inc)
Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structure or state of formation, 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 or the any SPE Component Entity’s structure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower shall execute and deliver to authorize Lender, prior to or contemporaneously with the effective date of any such change, to file 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 any applicable SPE Component Entity intends to operate own the Collateral, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the Collateral.
Appears in 4 contracts
Samples: Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formation, 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 or the SPE Component Entity’s structure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. 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 CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.
Appears in 3 contracts
Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)
Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, 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 or the SPE Component Entity’s structure or state of formationstructure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. 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 CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.
Appears in 2 contracts
Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)
Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, 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 or the SPE Component Entity’s structure or state of formationstructure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto(except as otherwise provided elsewhere 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 or the SPE Component Entity intends to operate the CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Consolidated Tomoka Land Co)
Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of in this Agreement Agreement, or (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formation, 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 or the SPE Component Entity’s structure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. 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 CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.
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 (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formation, 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 or the SPE Component Entity’s structure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. 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 Collateralapplicable Individual Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Collateralapplicable Individual Property.
Appears in 2 contracts
Samples: Loan Agreement (Northstar Realty Finance Corp.), Loan Agreement (NorthStar Healthcare Income, Inc.)
Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s, Pledgor’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or or, (d) if not an individual, Borrower’s, Pledgor’s or the SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, without notifying Lender Agent 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, Xxxxxxx’s or the SPE Component Entity’s structure or state of formation(including, without limitation, a Division), without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect theretoXxxxxx. Borrower shall execute and deliver to LenderAgent, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement change required by Lender Agent to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of LenderAgent, Borrower Xxxxxxxx shall execute a certificate in form satisfactory to Lender Agent listing the trade names under which Borrower Borrower, Pledgor or the SPE Component Entity intends to operate the Property or own the Equity Collateral, and representing and warranting that Borrower Borrower, Pledgor or the SPE Component Entity does business under no other trade name with respect to the Property or the Equity Collateral.
Appears in 1 contract
Samples: Loan Agreement (CaliberCos Inc.)
Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or or, (d) except as permitted in Section 6.3 of this Agreement, if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, 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 or the SPE Component Entity’s structure or state of formationstructure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. 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 CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.
Appears in 1 contract
Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s, Operating Tenant’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or or, (d) if not an individual, Borrower’s, Operating Tenant’s or the SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, 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 or the SPE Component Entity’s structure or state of formationstructure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. 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 Borrower, Operating Tenant or the SPE Component Entity intends to operate the CollateralProperty, and representing and warranting that Borrower Borrower, Operating Tenant or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.
Appears in 1 contract
Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, 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 or the SPE Component Entity’s structure or state of formationstructure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect theretowhich consent shall not be unreasonably withheld, delayed or conditioned. 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, Borrower shall execute a certificate in form reasonably satisfactory to Lender listing the trade names under which Borrower or the SPE Component Entity intends to operate the Collateraleach Individual Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Collateralsuch Individual Property.
Appears in 1 contract
Samples: Loan Agreement (American Realty Capital Trust III, Inc.)
Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structure or state of formation, 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 or the any SPE Component Entity’s structure or state of formation, without first obtaining the prior written consent of Lender and, if required by LenderXxxxxx, a Rating Agency Confirmation with respect thereto. 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 LenderXxxxxx, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower or the any applicable SPE Component Entity intends to operate the CollateralProperty, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the CollateralProperty.
Appears in 1 contract
Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s or the any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or (d) if not an individual, Borrower’s or the any SPE Component Entity’s corporate, partnership or other structure or state of formation, 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 or the any SPE Component Entity’s structure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. 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 applicable SPE Component Entity intends to operate the Collateralapplicable Individual Property, and representing and warranting that Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the Collateralapplicable Individual Property.
Appears in 1 contract
Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s 's or the any SPE Component Entity’s 's (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or (d) if not an individual, Borrower’s 's or the any SPE Component Entity’s 's corporate, partnership or other structure or state of formation, 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 or the any SPE Component Entity’s 's structure or state of formation, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. 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 each applicable SPE Component Entity intends to operate the CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the Collateral.Property. LOAN AGREEMENT – Page 67 41458-110/JANAF Shopping Yard (VA)
Appears in 1 contract
Samples: Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)
Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of in this Agreement Agreement, or (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formation, 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 or the SPE Component Entity’s structure or state of formation, without first obtaining the prior written consent of Lender and, if required by LenderXxxxxx, a Rating Agency Confirmation with respect thereto. 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 LenderXxxxxx, 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 CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.
Appears in 1 contract
Samples: Junior Loan Agreement (Silver Star Properties Reit, Inc)
Change of Name, Identity or Structure. No Borrower shall not change (or permit to be changed) such Borrower’s or the applicable SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or or, (d) if not an individual, such Borrower’s or the applicable SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, 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 a Borrower’s or the SPE Component Entity’s structure or state of formationstructure, without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. Borrower Borrowers 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 each Borrower or the SPE Component Entity intends to operate the CollateralProperty, and representing and warranting that such Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the CollateralProperty.
Appears in 1 contract
Change of Name, Identity or Structure. No Borrower nor any SPE Component Entity shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s ’s, as applicable, (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or or, (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formationstructure, without, in each case, 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 or the SPE Component Entity’s structure or state of formation(including, without limitation, a Division), without first obtaining the prior written consent of Lender and, if required by Lender, a Rating Agency Confirmation with respect thereto. 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, 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 Collateralapplicable Individual Property, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperties. For the avoidance of doubt, no Borrower shall be a corporation.
Appears in 1 contract
Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s or the SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) principal place of business set forth on the first page of this Agreement or (d) if not an individual, Borrower’s or the SPE Component Entity’s corporate, partnership or other structure or state of formation, 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 or the SPE Component Entity’s structure or state of formation, without first obtaining the prior written consent of Lender and, if required by LenderXxxxxx, a Rating Agency Confirmation with respect thereto. 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 LenderXxxxxx, 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 CollateralProperty, and representing and warranting that Borrower or the SPE Component Entity does business under no other trade name with respect to the CollateralProperty.
Appears in 1 contract
Samples: Loan Agreement (Clipper Realty Inc.)