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

Change of Name, Identity or Structure. Borrower shall not, and shall not cause or permit any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity or Operating Lessee to, change or permit to be changed (a) its name, (b) its identity (including its trade name or names), (c) its principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity, Operating Lessee, or SPE Component Entity (if any), (e) its state of organization, or (f) 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 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 Ashford Keys Senior Operating Lessee intend to maintain the Collateral, and representing and warranting that Borrower and Ashford Keys Senior Operating Lessee do business under no other trade name with respect to the Collateral. If Borrower or Ashford Keys Senior Operating Lessee do not now have an organizational identification number and later obtain one, or if the organizational identification number assigned to Borrower or Ashford Keys Senior Operating Lessee subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 6 contracts

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

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Change of Name, Identity or Structure. Borrower shall not, and shall not cause or permit any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity or Operating Lessee to, change or permit to be changed (a) its Borrower’s name, (b) its Borrower’s identity (including its trade name or names), (c) its Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity, Operating Lessee, or SPE Component Entity (if any)Borrower, (e) its Borrower’s state of organization, or (f) its 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 its structure or state of organizationBorrower’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 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 and Ashford Keys Senior Operating Lessee intend intends to maintain operate the CollateralProperty, and representing and warranting that Borrower and Ashford Keys Senior Operating Lessee do does business under no other trade name with respect to the CollateralProperty. If Borrower or Ashford Keys Senior Operating Lessee do does not now have an organizational identification number and later obtain obtains one, or if the organizational identification number assigned to Borrower or Ashford Keys Senior Operating Lessee 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, and shall not cause or permit any Loan Party, Ashford Keys Senior Operating Lessee, Ashford Keys Junior Operating Lessee, Mortgage Borrower SPE Component Entity, Senior Mezzanine Borrower SPE Component Entity or Operating Lessee to, change or permit to be changed (a) its name, (b) its identity (including its trade name or names), (c) its principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of any Loan Party, Ashford Keys Senior Operating Lessee, Ashford Keys Junior Operating Lessee, Mortgage Borrower SPE Component Entity, Senior Mezzanine Borrower SPE Component Entity, Operating Lessee, or SPE Component Entity (if any), (e) its state of organization, or (f) 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 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 Ashford Keys Senior Junior Operating Lessee intend to maintain the Collateral, and representing and warranting that Borrower and Ashford Keys Senior Junior Operating Lessee do business under no other trade name with respect to the Collateral. If Borrower or Ashford Keys Senior Junior Operating Lessee do not now have an organizational identification number and later obtain one, or if the organizational identification number assigned to Borrower or Ashford Keys Senior Junior Operating Lessee subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 4 contracts

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

Change of Name, Identity or Structure. Borrower shall not, and shall not cause or permit any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity or Operating Lessee to, change or permit to be changed (a) its Borrower’s name, (b) its Borrower’s identity (including its trade name or names), (c) its Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity, Operating Lessee, or SPE Component Entity Party (if any)other than an Affiliated Manager) except in strict compliance with Article VII hereto, (e) its Borrower’s state of organization, or (f) its 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 its structure or state of organizationa Loan Party’s (other than an Affiliated Manager’s) structure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not, and shall not permit any other Loan Party (other than an Affiliated Manager) to, change or permit to be unreasonably withheldchanged any organizational documents of any Loan Party (other than an Affiliated Manager and, conditioned subject to the provisions of Article VII hereof, Sponsor) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof, without the prior written consent of Lender, or, after the Securitization of the Loan only if Borrower receives written confirmation from each of the applicable Rating Agencies that such amendment would not result in the qualification, withdrawal or delayeddowngrade of any rating of any of the Securities,. Borrower authorizes Lender to file, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement amendment 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 and Ashford Keys Senior Operating Lessee intend intends to maintain the Collateraloperate, and representing and warranting that Borrower and Ashford Keys Senior Operating Lessee do does business under no other trade name with respect to the Collateralname. If Borrower or Ashford Keys Senior Operating Lessee do does not now have an organizational identification number and later obtain obtains one, or if the organizational identification number assigned to Borrower or Ashford Keys Senior Operating Lessee subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 3 contracts

Samples: Letter Agreement (Ashford Hospitality Trust Inc), Management Agreement (Ashford Hospitality Trust Inc), Letter Agreement (Ashford Hospitality Trust Inc)

Change of Name, Identity or Structure. Borrower shall not, and shall not cause or permit any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity or Operating Lessee to, change or permit to be changed (a) its Borrower’s name, (b) its Borrower’s identity (including its Borrower’s trade name or names), (c) its Borrower’s principal place of business set forth on the first page of this Agreement, the Mortgage or any UCC-1 Financing Statements, (d) the corporate, partnership partnership, limited liability company or other organizational structure of Borrower (provided that any Transfer permitted under the terms of this Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity, Operating Lessee, Agreement or SPE Component Entity (if anyotherwise consented to by Bank shall not be deemed a change in the Borrower’s organizational structure under this Section 6.2), (e) its Borrower’s state of organization, or (f) its Borrower’s organizational identification number, without in each case notifying Lender Bank 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 its structure or state of organizationBorrower’s structure, without first obtaining the prior written consent of LenderBank. In addition, which consent Borrower shall not change or permit to be unreasonably withheldchanged any Organizational Documents of such person if such change would materially and adversely impact the covenants set forth in Section 6.1 hereof. Borrower shall execute and deliver to Bank, conditioned prior to or delayedcontemporaneously with the effective date of any such change, any financing statement or financing statement amendment reasonably required by Bank to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of LenderBank, Borrower shall execute a certificate in form reasonably satisfactory to Lender Bank listing the trade names under which Borrower and Ashford Keys Senior Operating Lessee intend intends to maintain the Collateraloperate under, and representing and warranting that Borrower and Ashford Keys Senior Operating Lessee do does business under no other trade name with respect to the Collateralname. If Borrower or Ashford Keys Senior Operating Lessee do does not now have an organizational identification number and later obtain obtains one, or if the organizational identification number assigned to Borrower or Ashford Keys Senior Operating Lessee subsequently changes, Borrower shall promptly notify Lender Bank of such organizational identification number or change. Notwithstanding anything to the contrary contained herein, Bank hereby agrees that Borrower Member may change its name and/or dissolve, provided that, in connection with any such dissolution, all of Borrower Member’s interest in each Borrower is assigned and transferred to REIT Operating Partnership.

Appears in 2 contracts

Samples: Loan Agreement (City Office REIT, Inc.), Loan Agreement (City Office REIT, Inc.)

Change of Name, Identity or Structure. Borrower shall not, and shall not cause or permit any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity or Operating Lessee to, change or permit to be changed (a) its Borrower’s name, (b) its Borrower’s identity (including its trade name or names), (c) its Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity, Operating LesseeBorrower, or SPE Component Entity (if any)Borrower Principal, (e) its Borrower’s state of organization, or (f) its 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 its structure or state of organizationBorrower’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 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 and Ashford Keys Senior Operating Lessee intend intends to maintain operate the CollateralProperty, and representing and warranting that Borrower and Ashford Keys Senior Operating Lessee do does business under no other trade name with respect to the CollateralProperty. If Borrower or Ashford Keys Senior Operating Lessee do does not now have an organizational identification number and later obtain obtains one, or if the organizational identification number assigned to Borrower or Ashford Keys Senior Operating Lessee 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, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity or Operating Lessee to, change or permit to be changed (a) its Borrower’s name, (b) its Borrower’s identity (including its trade name or names), (c) its Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity, Operating Lessee, or SPE Component Entity Party (if anyexcept in strict compliance with Article VII hereof), (e) its Borrower’s state of organization, or (f) its 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 its structure or state of organizationany Borrower Party’s structure, without first obtaining the prior written consent of Lender, which consent . Maryland Owner shall not change or permit to be unreasonably withheldchanged (a) Maryland Owner’s name, conditioned (b) Maryland Owner’s identity (including its trade name or delayednames), (c) Maryland Owner’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of any Borrower Party (except in strict compliance with Article VII hereof), (e) Maryland Owner’s state of organization, or (f) Maryland Owner’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 Party’s structure, without first obtaining the prior written consent of Lender. In addition, no Borrower Party shall change or permit to be changed any organizational documents of any Borrower Party (except in strict compliance with Article VII hereof), without the prior written consent of Lender, and, after the Securitization of the Loan, written confirmation from each of the applicable Rating Agencies that such amendment would not result in the qualification, withdrawal or downgrade of any rating of any of the Securities. Borrower and Maryland Owner authorize Lender to file, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted herein. At the request of Lender, Borrower and Maryland Owner shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower and Ashford Keys Senior Operating Lessee intend Maryland Owner intends to maintain operate the CollateralProperty, and representing and warranting that Borrower and Ashford Keys Senior Operating Lessee do Maryland Owner does business under no other trade name with respect to the CollateralProperty. If Borrower or Ashford Keys Senior Operating Lessee do Maryland Owner does not now have an organizational identification number and later obtain obtains one, or if the organizational identification number assigned to Borrower or Ashford Keys Senior Operating Lessee Maryland Owner subsequently changes, Borrower or Maryland Owner shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Mortgage Loan Agreement (Ashford Hospitality Trust Inc)

Change of Name, Identity or Structure. Borrower shall not, and shall not cause or permit any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity or Operating Lessee to, change or permit to be changed (a) its Borrower’s name, (b) its Borrower’s identity (including its trade name or names), (c) its Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity, Operating Lessee, or SPE Component Entity Party (if any)other than an Affiliated Manager) except in strict compliance with Article VII hereto, (e) its Borrower’s state of organization, or (f) its 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 its structure or state of organizationa Loan Party’s (other than an Affiliated Manager’s) structure, without first obtaining the prior written consent of Lender. In addition, which consent Borrower shall not, and shall not permit any other Loan Party (other than an Affiliated Manager) to, change or permit to be unreasonably withheldchanged any organizational documents of any Loan Party (other than an Affiliated Manager and, conditioned subject to the provisions of Article VII hereof, Sponsor) if such change would adversely impact the covenants set forth in Section 6.1 and Section 6.4 hereof, without the prior written consent of Lender, or, after the Securitization of the Loan only if Borrower receives written confirmation from each of the applicable Rating Agencies that such amendment would not result in the qualification, withdrawal or delayeddowngrade of any rating of any of the Securities. Borrower authorizes Lender to file, prior to or contemporaneously with the effective date of any such change, any financing statement or financing statement amendment 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 and Ashford Keys Senior Operating Lessee intend intends to maintain the Collateraloperate, and representing and warranting that Borrower and Ashford Keys Senior Operating Lessee do does business under no other trade name with respect to the Collateralname. If Borrower or Ashford Keys Senior Operating Lessee do does not now have an organizational identification number and later obtain obtains one, or if the organizational identification number assigned to Borrower or Ashford Keys Senior Operating Lessee subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Management Agreement (Ashford Hospitality Trust Inc)

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Change of Name, Identity or Structure. Borrower shall not, and shall not cause or permit any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity or Operating Lessee to, change or permit to be changed (a) its Borrower’s name, (b) its Borrower’s identity (including its trade name or names), (c) its Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of any Loan PartyBorrower, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity, Operating Lesseethe sole member of Borrower, or SPE Component Entity (if any)Borrower Principal, (e) its Borrower’s state of organization, or (f) its 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 its structure or state of organizationBorrower’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 the sole member 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 and Ashford Keys Senior Operating Lessee intend intends to maintain operate the CollateralProperty, and representing and warranting that Borrower and Ashford Keys Senior Operating Lessee do does business under no other trade name with respect to the CollateralProperty. If Borrower or Ashford Keys Senior Operating Lessee do does not now have an organizational identification number and later obtain obtains one, or if the organizational identification number assigned to Borrower or Ashford Keys Senior Operating Lessee subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Loan Agreement (American Assets Trust, Inc.)

Change of Name, Identity or Structure. Borrower shall not, and shall not cause or permit any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity or Operating Lessee to, change or permit to be changed (a) its Borrower's name, (b) its Borrower's identity (including its trade name or names), (c) its Borrower's principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of any Loan PartyBorrower, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity, Operating Lessee, or each SPE Component Entity (if any), or Borrower Principal, (e) its Borrower's state of organization, or (f) its 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 its structure or state of organizationBorrower'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 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 and Ashford Keys Senior Operating Lessee intend intends to maintain operate the CollateralProperty, and representing and warranting that Borrower and Ashford Keys Senior Operating Lessee do does business under no other trade name with respect to the CollateralProperty. If Borrower or Ashford Keys Senior Operating Lessee do does not now have an organizational identification number and later obtain obtains one, or if the organizational identification number assigned to Borrower or Ashford Keys Senior Operating Lessee subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Loan Agreement (Ashworth Inc)

Change of Name, Identity or Structure. Borrower shall not, and shall not cause or permit any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity or Operating Lessee to, change or permit to be changed (a) its Borrower’s name, (b) its Borrower’s identity (including its trade name or names), (c) its Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of any Loan PartyBorrower, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity, Operating Lessee, or each SPE Component Entity (if any), or Borrower Principal, (e) its Borrower’s state of organization, or (f) its 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 its structure or state of organizationBorrower’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 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 and Ashford Keys Senior Operating Lessee intend to maintain operate the CollateralProperties, and representing and warranting that Borrower and Ashford Keys Senior Operating Lessee do does business under no other trade name with respect to the CollateralProperties. If Borrower or Ashford Keys Senior Operating Lessee do does not now have an organizational identification number and later obtain obtains one, or if the organizational identification number assigned to Borrower or Ashford Keys Senior Operating Lessee subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Loan Agreement (Capital Lodging)

Change of Name, Identity or Structure. Borrower shall not, and shall not cause or permit any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity or Operating Lessee to, change or permit to be changed (a) its Borrower’s name, (b) its Borrower’s identity (including its trade name or names), (c) its Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower or each SPE Component Entity, Operating Lessee, or SPE Component Entity (if any), (e) its Borrower’s state of organization, or (f) its 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 its structure or state of organizationBorrower’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 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 and Ashford Keys Senior Operating Lessee intend intends to maintain operate the CollateralProperty, and representing and warranting that Borrower and Ashford Keys Senior Operating Lessee do does business under no other trade name with respect to the CollateralProperty. If Borrower or Ashford Keys Senior Operating Lessee do does not now have an organizational identification number and later obtain obtains one, or if the organizational identification number assigned to Borrower or Ashford Keys Senior Operating Lessee subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.. Confidential Treatment Requested by BANA XXXX-Xxxx-00125

Appears in 1 contract

Samples: Loan Agreement (Sothebys)

Change of Name, Identity or Structure. Borrower shall not, and shall not cause or permit any Loan Party, Ashford Keys Senior Operating Lessee, Mortgage Borrower SPE Component Entity or Operating Lessee to, change or permit to be changed (a) its Borrower’s name, (b) its Borrower’s identity (including its trade name or names), (c) its Borrower’s principal place of business set forth on the first page of this Agreement, (d) the corporate, partnership or other organizational structure of any Loan Party, Ashford Keys Senior Operating LesseeBorrower, Mortgage Borrower Borrower, Mortgage SPE Component Entity, Operating Lessee, or each SPE Component Entity (if any), or Borrower Principal, (e) its Borrower’s state of organization, or (f) its 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 its structure Borrower’s, Mortgage Borrower’s or state of organizationMortgage SPE Component Entity’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, conditioned Mortgage Borrower, Mortgage SPE Component Entity or delayedany 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, 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 Mortgage Borrower and Ashford Keys Senior Operating Lessee intend to maintain operate the CollateralProperties, and representing and warranting that Mortgage Borrower and Ashford Keys Senior Operating Lessee do does business under no other trade name with respect to the CollateralProperties. If Borrower or Ashford Keys Senior Operating Lessee do does not now have an organizational identification number and later obtain obtains one, or if the organizational identification number assigned to Borrower or Ashford Keys Senior Operating Lessee subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capital Lodging)

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