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

Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s, Xxxxxxx’x or 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, Pledgor’s, Additional Obligor’s or any SPE Component Entity’s corporate, partnership or other structure (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal structure of Borrower itself) or state of formation, without, in each case, notifying Lender of such change in writing at least ten (10) Business Days prior to the effective date of such change without first obtaining the prior written consent of Lender and 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, Pledgor, Additional Obligor or the applicable SPE Component Entity intends to operate the applicable Individual Property or the Collateral, and representing and warranting that Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity does business under no other trade name with respect to the applicable Individual Property or the Collateral.

Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s, Xxxxxxx’x ’s or any 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, Pledgor’s, Additional Obligor’s or any the SPE Component Entity’s corporate, partnership or other structure (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal structure of Borrower itself) or state of formation, without, in each case, notifying Lender of such change in writing at least ten thirty (1030) Business Days 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 and, if required by Lender, a Rating Agency Confirmation with respect thereto, provided, that, (1) the Delano Property may be referred to as the “Delano, a Morgans hotel” or pursuant to words of similar import and (2) the Xxxxxx Property may be referred to as the “Xxxxxx, a Morgans hotel” or pursuant to words of similar import without the prior written consent of Lender and without a Rating Agency Confirmation. 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, Pledgor, Additional Obligor Borrower or the applicable SPE Component Entity intends to operate the applicable Individual Property or own the Collateral, and representing and warranting that Borrower, Pledgor, Additional Obligor Borrower or the applicable SPE Component Entity does business under no other trade name with respect to the applicable Individual Property or the Collateral.

Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s, Xxxxxxx’x or any SPE Component Entity’s 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 or Agreement, (d) if not an individual, Borrower’s, Pledgor’s, Additional Obligor’s or any SPE Component Entity’s the corporate, partnership or other structure (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal organizational structure of Borrower, each SPE Component Entity (if any), or Borrower itselfPrincipal, (e) or Borrower's state of formationorganization, withoutor (f) Borrower's organizational identification number, without in each case, case notifying Lender of such change in writing at least ten thirty (1030) Business Days days prior to the effective date of such change and, in the case of a change in Borrower's structure, without first obtaining the prior written consent of Lender Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and a Rating Agency Confirmation with respect theretoSection 6.4 hereof. Borrower shall execute and deliver authorizes Lender to Lender, prior to or contemporaneously with the effective date of any such change, file any financing statement or financing statement change 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, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower intends to operate the applicable Individual Property or the CollateralProperty, and representing and warranting that Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower does business under no other trade name with respect to the applicable Individual Property Property. If Borrower does not now have an organizational identification number and later obtains one, or if the Collateralorganizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Change of Name, Identity or Structure. No Borrower shall not change (or permit to be changed) Borrower’s, Xxxxxxx’x or any SPE Component Entity’s changed (a) such Borrower’s name, (b) such Borrower’s identity (including its trade name or names), (c) such Borrower’s principal place of business set forth on the first page of this Agreement or Agreement, (d) if not an individual, Borrower’s, Pledgor’s, Additional Obligor’s or any SPE Component Entity’s the corporate, partnership or other structure (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal organizational structure of such Borrower, each SPE Component Entity (if any), or Borrower itselfPrincipal, (e) or such Borrower’s state of formationorganization, withoutor (f) such Borrower’s organizational identification number, without in each case, case notifying Lender of such change in writing at least ten thirty (1030) Business Days days prior to the effective date of such change and, in the case of a change in any Borrower’s structure, without first obtaining the prior written consent of Lender and a Rating Agency Confirmation with respect theretoLender. In addition, no Borrower shall execute and deliver change or permit to Lender, prior to or contemporaneously with the effective date be changed any organizational documents of any Borrower or any SPE Component Entity (if any) if such changechange would violate, cause such organizational documents to conflict with, or otherwise adversely impact the covenants set forth in Section 6.1 hereof. Borrowers authorize Lender to file any financing statement or financing statement change amendment 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 Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity such Borrower intends to operate the applicable related Individual Property or the CollateralProperty, and representing and warranting that Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity such Borrower does business under no other trade name with respect to the applicable related Individual Property Property. If any Borrower does not now have an organizational identification number and later obtains one, or if the Collateralorganizational identification number assigned to such Borrower subsequently changes, such Borrower shall promptly notify Lender of such organizational identification number or change.

Change of Name, Identity or Structure. Borrower shall not, and shall not permit any Borrower Subsidiary to, change (or permit to be changed) Borrower’s, Xxxxxxx’x or any SPE Component Borrower Entity’s (a) name, (b) identity (including its trade name or names)) or, (c) principal place of business set forth on the first page of this Agreement or (d) if not an individual, Borrower’s, Pledgor’s, Additional Obligor’s or any SPE Component Borrower Entity’s corporate, partnership or other structure (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal structure of Borrower itself) or state of formation, without, in each case, without notifying Lender of such change in writing at least ten thirty (1030) Business Days days prior to the effective date of such change and without first obtaining the prior written consent of Lender and a Rating Agency Confirmation with respect theretoLender. Borrower shall, and shall cause each Borrower Subsidiary to, 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 hereinherein or in any other Loan Documents. At the request of Lender, Borrower shall, and shall cause each Borrower Subsidiary to, execute a certificate in form satisfactory to Lender listing the trade names under which Borrower, Pledgor, Additional Obligor or the applicable SPE Component any Borrower Entity intends to operate the applicable Individual Property each Mortgage Loan or the CollateralReal Property, and representing and warranting that Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower does business under no other trade name with respect to any such Property. The Borrower Entities acknowledge that this Agreement and the applicable Individual Property organizational chart attached hereto as Schedule 3.1.14 were negotiated to provide Lender with security for and protections with regard to repayment of the Loan. Other than as permitted in this Agreement or an Approved Annual Budget, the CollateralBorrower shall not, and shall not permit any Borrower Subsidiary to, amend, modify or otherwise alter the ownership structure set forth on Schedule 3.1.14 or any Borrower Entity’s organizational documents without Lender’s prior written consent, in each instance, in its sole and absolute discretion.

Change of Name, Identity or Structure. Neither Borrower nor Leasehold Pledgor shall not change (nor cause or permit to be changedMezzanine A Borrower, Mezzanine A Leasehold Pledgor, Owner or Operating Lessee to) change Borrower’s, Xxxxxxx’x Mezzanine A Borrower’s, Mezzanine A Leasehold Pledgor’s, Leasehold Pledgor’s, Owner’s or any SPE Component EntityOperating Lessee’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, Pledgor’s, Additional Obligor’s or any SPE Component Entity’s corporate, partnership or other structure (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal structure of Borrower itself) or state of formationconvert from its current business structure as a limited liability company or a limited partnership structure, withoutas applicable, in each case, without notifying Lender of such change in writing at least ten thirty (1030) Business Days days prior to the effective date of such change and without first obtaining the prior written consent of Lender and a Rating Agency Confirmation with respect theretoLender. Borrower and Leasehold Pledgor shall execute (and shall cause Mezzanine A Borrower, Mezzanine A Leasehold Pledgor, Owner or Operating Lessee to) 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 or Leasehold Pledgor, as applicable, shall execute a certificate in form reasonably satisfactory to Lender listing the trade names under which Mezzanine A Borrower, Mezzanine A Leasehold Pledgor, Additional Obligor Owner or the applicable SPE Component Entity Operating Lessee, as applicable, intends to operate the applicable each Individual Property or and the Mezzanine A Collateral, as applicable, and representing and warranting that Mezzanine A Borrower, Mezzanine A Leasehold Pledgor, Additional Obligor Owner or the applicable SPE Component Entity Operating Lessee, as applicable, does business under no other trade name with respect to the applicable such Individual Property or the Mezzanine A Collateral, as applicable.

Change of Name, Identity or Structure. Borrower shall not change (or permit to be changeda) Borrower’s, Xxxxxxx’x or any SPE Component Entity’s (a) 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 or business, (d) if not an individual, Borrower’s, Pledgor’s, Additional Obligor’s or any SPE Component Entity’s corporate, partnership or other structure (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal corporate structure of Borrower itselfBorrower, (e) or Borrower’s state of formationorganization, withoutor (f) Borrower’s organizational identification number, without in each case, case notifying Lender of such change in writing at least ten thirty (1030) Business Days days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower if such change would adversely impact the covenants set forth in section 5.3 and a Rating Agency Confirmation with respect theretothis section 5.4. Borrower shall execute and deliver authorizes Lender to Lender, prior to or contemporaneously with the effective date of any such change, file any financing statement or financing statement change amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest granted hereinin any of 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, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower intends to operate the applicable Individual Property or the CollateralProperty, and representing and warranting that Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower does business under no other trade name with respect to the applicable Individual Property Property. If Borrower does not now have an organizational identification number and later obtains one, or if the Collateralorganizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s, Xxxxxxx’x or any SPE Component Entity’s 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 or Agreement, (d) if not an individual, Borrower’s, Pledgor’s, Additional Obligor’s or any SPE Component Entity’s the corporate, partnership or other structure (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal organizational structure of Borrower, each SPE Component Entity (if any), or Borrower itselfPrincipal, (e) or Borrower’s state of formationorganization, withoutor (f) Borrower’s organizational identification number, without in each case, case notifying Lender of such change in writing at least ten thirty (1030) Business Days days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and a Rating Agency Confirmation with respect theretoSection 6.4 hereof. Borrower shall execute and deliver authorizes Lender to Lender, prior to or contemporaneously with the effective date of any such change, file any financing statement or financing statement change 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, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower intends to operate the applicable Individual Property or the Collateraleach Property, and representing and warranting that Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower does business under no other trade name with respect to such Property. If Borrower does not now have an organizational identification number and later obtains one, or if the applicable Individual Property organizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or the Collateralchange.

Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s, Xxxxxxx’x or any SPE Component Entity’s 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 or Agreement, (d) if not an individual, Borrower’s, Pledgor’s, Additional Obligor’s or any SPE Component Entity’s the corporate, partnership or other structure (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal organizational structure of Borrower, each SPE Component Entity (if any), or Borrower itselfPrincipal, (e) or Borrower’s state of formationorganization, withoutor (f) Borrower’s organizational identification number, without in each case, case notifying Lender of such change in writing at least ten thirty (1030) Business Days days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender and a Rating Agency Confirmation with respect theretoLender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 hereof. 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 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, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower intends to operate the applicable Individual Property or the CollateralProperty, and representing and warranting that Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower does business under no other trade name with respect to the applicable Individual Property Property. If Borrower does not now have an organization identification number and later obtains one, or if the Collateralorganizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number.

Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s, Xxxxxxx’x or any SPE Component Entity’s (a) 's name, (b) identity (including its trade name or names)) or, (c) principal place of business set forth on the first page of this Agreement or (d) if not an individual, Borrower’s, Pledgor’s, Additional Obligor’s or any SPE Component Entity’s 's corporate, partnership or other structure without first (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal structure of Borrower itselfa) or state of formation, without, in each case, notifying Lender of such change in writing at least ten thirty (1030) Business Days days prior to the effective date of such change, (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, without first obtaining the prior written consent of Lender; provided, however that in connection with any such change in Borrower's name or corporate identity Borrower shall have no obligation to pay to Lender a transfer fee. 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 a Rating Agency Confirmation with respect theretolater obtains one, Borrower shall promptly notify Lender in writing of such organizational identification number. 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, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower intends to operate the applicable Individual Property or the CollateralProperty, and representing and warranting that Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower does business under no other trade name with respect to the applicable Individual Property or the CollateralProperty.

Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s, Xxxxxxx’x Operating Tenant’s or any 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, Additional ObligorOperating Tenant’s or any the SPE Component Entity’s corporate, partnership or other structure (whichstructure, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal structure of Borrower itself) or state of formation, without, in each case, without notifying Lender of such change in writing at least ten thirty (1030) Business Days 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, without first obtaining the prior written consent of Lender and a Rating Agency Confirmation with respect theretoLender. 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, Pledgor, Additional Obligor Operating Tenant or the applicable SPE Component Entity intends to operate the applicable Individual Property or the CollateralProperty, and representing and warranting that Borrower, Pledgor, Additional Obligor Operating Tenant or the applicable SPE Component Entity does business under no other trade name with respect to the applicable Individual Property or the CollateralProperty.

Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s, Xxxxxxx’x or any SPE Component Entity’s 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 or Agreement, (d) if not an individual, Borrower’s, Pledgor’s, Additional Obligor’s or any SPE Component Entity’s the corporate, partnership or other structure (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal organizational structure of Borrower, each SPE Component Entity (if any), but subject to Borrower’s rights pursuant to Article 7 of this Agreement, or Borrower itselfPrincipal, (e) or Borrower’s state of formationorganization, withoutor (f) Borrower’s organizational identification number, without in each case, case notifying Lender of such change in writing at least ten thirty (1030) Business Days days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender Lender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 and a Rating Agency Confirmation with respect thereto6.4 hereof. Borrower shall execute and deliver authorizes Lender to Lender, prior to or contemporaneously with the effective date of any such change, file any financing statement or financing statement change amendment required by Lender to establish or maintain the validity, perfection and priority of the security interest interests granted hereinto Lender in 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, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower intends to operate the applicable Individual Property or the CollateralProperty, and representing and warranting that Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower does business under no other trade name with respect to the applicable Individual Property Property. If Borrower does not now have an organizational identification number and later obtains one, or if the Collateralorganizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.

Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s, Xxxxxxx’x or any SPE Component Entity’s (a) name, (b) identity (including its trade name or names)) or, (c) principal place of business set forth on the first page of this Agreement or (d) if not an individual, Borrower’s, Pledgor’s, Additional Obligor’s or any SPE Component Entity’s corporate, partnership or other structure without first (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal structure of Borrower itselfa) or state of formation, without, in each case, notifying Lender of such change in writing at least ten thirty (1030) Business Days days prior to the effective date of such change, (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, without first obtaining the prior written consent of Lender; provided, however that in connection with any such change in Borrower’s name or corporate identity Borrower shall have no obligation to pay to Lender a transfer fee. 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 a Rating Agency Confirmation with respect theretolater obtains one, Borrower shall promptly notify Lender in writing of such organizational identification number. 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, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower intends to operate the applicable Individual Property or the CollateralProperty, and representing and warranting that Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower does business under no other trade name with respect to the applicable Individual Property or the CollateralProperty.

Change of Name, Identity or Structure. Pledgor shall not change, and cause each Borrower to not change, the name, the location of the principal place of business, the principal location at which such Borrower or Pledgor maintains its records, identity, corporate structure (e.g. by merger, consolidation, change in corporate form or otherwise), chief executive office, type of organization or jurisdiction of organization or establish any trade names under which Pledgor or such Borrower does business, or adopt or begin doing business under any other name or assumed or trade name, without first notifying Lender of Pledgor’s or such Borrower’s intention, as may be the case, to do so and delivering to Lender such executed modifications or supplements to this Agreement (and to any financing statement which may be filed in connection herewith) as Lender may require. Pledgor shall not change (or permit to be changed) Borrower’s, Xxxxxxx’x or any SPE Component Entity’s (a) name, (b) identity (including its trade name or names), (c) such principal place of business set forth on the first page of this Agreement or (d) if not an individual, Borrower’s, Pledgor’s, Additional Obligor’s chief executive office or any SPE Component Entity’s corporate, partnership or other structure (which, for the avoidance of doubt, remove such records unless it shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal structure of Borrower itself) or state of formation, without, in each case, notifying provide Lender of such change in writing with at least ten thirty (1030) Business Days prior to the effective date of such change without first obtaining the days’ prior written consent of Lender notice thereof and a Rating Agency Confirmation with respect thereto. Borrower there shall execute and deliver have been taken such action, satisfactory to Lender, as may be necessary to maintain the security interest of Lender hereunder at all times fully perfected and in full force and effect. Pledgor shall not change its name or permit any Borrower to change its name unless Pledgor shall have given Lender at least thirty (30) days’ prior to or contemporaneously with the effective date written notice of any such changeproposed change and shall have taken such action, any financing statement or financing statement change required by Lender satisfactory to establish or Lender, as may be necessary to maintain the validity, perfection and priority of the security interest granted herein. At of Lender in the request of Lender, Borrower shall execute a certificate Collateral at all times fully perfected and in form satisfactory to Lender listing the trade names under which Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity intends to operate the applicable Individual Property or the Collateral, full force and representing and warranting that Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity does business under no other trade name with respect to the applicable Individual Property or the Collateraleffect.

Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s, Xxxxxxx’x Pledgor’s or 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, Pledgor’s, Additional Obligor’s or any SPE Component Entity’s corporate, partnership or other structure (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal structure of Borrower itself) or state of formation, without, in each case, notifying Lender of such change in writing at least ten (10) Business Days prior to the effective date of such change without first obtaining the prior written consent of Lender and 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, Pledgor, Additional Obligor or the applicable SPE Component Entity intends to operate the applicable Individual Property or the Collateral, and representing and warranting that Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity does business under no other trade name with respect to the applicable Individual Property or the Collateral.

Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s, Xxxxxxx’x or any SPE Component Entity’s 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 or Agreement, (d) if not an individual, Borrower’s, Pledgor’s, Additional Obligor’s or any SPE Component Entity’s the corporate, partnership or other structure (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal organizational structure of Borrower, each SPE Component Entity (if any), or Borrower itselfPrincipal, (e) or Borrower's state of formationorganization, withoutor (f) Borrower's organizational identification number, in each case, without notifying Lender of such change in writing at least ten thirty (1030) Business Days days prior to the effective date of such change and, in the case of a change in Borrower's structure, without first obtaining the prior written consent of Lender and a Rating Agency Confirmation with respect theretoLender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would adversely impact the covenants set forth in Section 6.1 hereof. 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 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, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower intends to operate the applicable Individual Property or the CollateralProperty, and representing and warranting that Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower does business under no other trade name with respect to the applicable Individual Property or the CollateralProperty. If Borrower does not now have an organization identification number and later obtains one, Borrower shall promptly notify Lender of such organizational identification number.

Change of Name, Identity or Structure. Borrower shall not change (or permit to be changed) Borrower’s, Xxxxxxx’x or any SPE Component Entity’s 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 or Agreement, (d) if not an individual, Borrower’s, Pledgor’s, Additional Obligor’s or any SPE Component Entity’s the corporate, partnership or other structure (which, for the avoidance of doubt, shall not be deemed to include changes in the legal structure or any direct or indirect member or partner of Borrower to the extent such changes are permitted under this Agreement and do not adversely affect the legal organizational structure of Borrower, each SPE Component Entity (if any), or Borrower itselfPrincipal, (e) or Borrower’s state of formationorganization, withoutor (f) Borrower’s organizational identification number, without in each case, case notifying Lender of such change in writing at least ten thirty (1030) Business Days days prior to the effective date of such change and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender and a Rating Agency Confirmation with respect theretoLender. In addition, Borrower shall not change or permit to be changed any organizational documents of Borrower or any SPE Component Entity (if any) if such change would violate, cause such organizational documents to conflict with, or otherwise adversely impact the covenants set forth in Section 6.1 hereof. Borrower shall execute and deliver authorizes Lender to Lender, prior to or contemporaneously with the effective date of any such change, file any financing statement or financing statement change 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, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower intends to operate the applicable related Individual Property or the CollateralProperty, and representing and warranting that Borrower, Pledgor, Additional Obligor or the applicable SPE Component Entity Borrower does business under no other trade name with respect to the applicable related Individual Property Property. If Borrower does not now have an organizational identification number and later obtains one, or if the Collateralorganizational identification number assigned to Borrower subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.