Concerning General Partner. (a) Each General Partner of Borrower is a limited liability company, duly organized and validly existing under the laws of the State. Each General Partner has all requisite power and authority, rights and franchises to enter into and perform its obligations under the Borrower Loan Documents and the Funding Loan Documents to be executed by such General Partner for its own account and on behalf of Xxxxxxxx, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents. (b) General Partner has made all filings (including, without limitation, all required filings related to the use of fictitious business names) and is in good standing in the State and in each other jurisdiction in which the character of the property it owns or the nature of the business it transacts makes such filings necessary or where the failure to make such filings could have a material adverse effect on the business, operations, assets, condition (financial or otherwise) or prospects of General Partner. (c) General Partner is duly authorized to do business in the State. (d) The execution, delivery and performance by Xxxxxxxx of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of General Partner on behalf of Xxxxxxxx, and by all necessary action on behalf of General Partner. (e) The execution, delivery and performance by General Partner, on behalf of Xxxxxxxx, of the Borrower Loan Documents and the Funding Loan Documents will not violate (i) General Partner’s organizational documents; (ii) any other Legal Requirement affecting General Partner or any of its properties; or (iii) any agreement to which General Partner is bound or to which it is a party; and will not result in or require the creation (except as provided in or contemplated by this Borrower Loan Agreement) of any Lien upon any of such properties, any of the Collateral or any of the property or funds pledged or delivered to Funding Lender pursuant to the Security Documents.
Appears in 3 contracts
Samples: Borrower Loan Agreement, Borrower Loan Agreement, Borrower Loan Agreement
Concerning General Partner. (a) Each General Partner The managing general partner of Borrower is the General Partner, a California limited liability company, and the Managing General Partner is duly organized and validly existing under the laws of the StateState of California. Each The General Partner has all requisite power and authority, rights and franchises to enter into and perform its obligations under the Borrower Loan Documents and the Funding Loan Documents to be executed by such General Partner it for its own account and on behalf of XxxxxxxxBorrower, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents.
(b) The General Partner has made all filings (including, without limitation, all required filings related to the use of fictitious business names) and is in good standing in the State and in each other jurisdiction in which the character of the property it owns or the nature of the business it transacts makes such filings necessary or where the failure to make such filings could have a material adverse effect on the business, operations, assets, condition (financial or otherwise) or prospects of General Partner.
(c) The General Partner is duly authorized to do business in the State.
(d) The execution, delivery and performance by Xxxxxxxx Borrower of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of General Partner on behalf of XxxxxxxxBorrower, and by all necessary action on behalf of General Partner.
(e) The execution, delivery and performance by General Partner, on behalf of XxxxxxxxBorrower, of the Borrower Loan Documents and the Funding Loan Documents will not violate
(i) General Partner’s organizational documents; (ii) any other Legal Requirement affecting General Partner or any of its properties; or (iii) any agreement to which General Partner is bound or to which it is a party; and will not result in or require the creation (except as provided in or contemplated by this Borrower Loan Agreement) of any Lien upon any of such properties, any of the Collateral or any of the property or funds pledged or delivered to Funding Lender pursuant to the Security Documents.
Appears in 2 contracts
Concerning General Partner. (a) Each The Co-General Partner of Borrower is a limited liability company, duly organized and validly existing under the laws of the StateState of California. The Managing General Partner of Borrower is a nonprofit public benefit corporation, duly organized and validly existing under the laws of the State of California. Each General Partner has all requisite power and authority, rights and franchises to enter into and perform its obligations under the Borrower Loan Documents and the Funding Loan Documents to be executed by such General Partner for its own account and on behalf of XxxxxxxxBorrower, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents.
(ba) The General Partner has made all filings (including, without limitation, all required filings related to the use of fictitious business names) and is in good standing in the State and in each other jurisdiction in which the character of the property it owns or the nature of the business it transacts makes such filings necessary or where the failure to make such filings could have a material adverse effect on the business, operations, assets, condition (financial or otherwise) or prospects of the General Partner.
(cb) The General Partner is duly authorized to do business in the State.
(dc) The execution, delivery and performance by Xxxxxxxx Borrower of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of the General Partner on behalf of XxxxxxxxBorrower, and by all necessary action on behalf of the General Partner.
(ed) The execution, delivery and performance by the General Partner, on behalf of XxxxxxxxBorrower, of the Borrower Loan Documents and the Funding Loan Documents will not violate
violate (i) General Partner’s organizational documents; (ii) any other Legal Requirement affecting General Partner or any of its properties; or (iii) any agreement to which General Partner is bound or to which it is a party; and will not result in or require the creation (except as provided in or contemplated by this Borrower Loan Agreement) of any Lien upon any of such properties, any of the Collateral or any of the property or funds pledged or delivered to Funding Lender pursuant to the Security Documents.
Appears in 2 contracts
Concerning General Partner. (a) Each The managing general partner of Xxxxxxxx is the Managing General Partner Partner, a nonprofit public benefit corporation, and the co-general partner of Borrower is the Administrative General Partner, a California limited liability company, and each of the Managing General Partner and Administrative General Partner is duly organized and validly existing under the laws of the StateState of California. Each The General Partner has all requisite power and authority, rights and franchises to enter into and perform its obligations under the Borrower Loan Documents and the Funding Loan Documents to be executed by such General Partner it for its own account and on behalf of Xxxxxxxx, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents.
(b) The General Partner has made all filings (including, without limitation, all required filings related to the use of fictitious business names) and is in good standing in the State and in each other jurisdiction in which the character of the property it owns or the nature of the business it transacts makes such filings necessary or where the failure to make such filings could have a material adverse effect on the business, operations, assets, or financial condition (financial or otherwise) or prospects of General Partner.
(c) The General Partner is duly authorized to do business in the State.
(d) The execution, delivery and performance by Xxxxxxxx of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of General Partner on behalf of Xxxxxxxx, and by all necessary action on behalf of General Partner.
(e) The execution, delivery and performance by General Partner, on behalf of Xxxxxxxx, of the Borrower Loan Documents and the Funding Loan Documents will not violate
violate (i) General Partner’s organizational documents; (ii) any other Legal Requirement affecting General Partner or any of its properties; or (iii) any agreement to which General Partner is bound or to which it is a party; and will not result in or require the creation (except as provided in or contemplated by this Borrower Loan Agreement) of any Lien upon any of such properties, any of the Collateral or any of the property or funds pledged or delivered to Funding Lender pursuant to the Security Documents.
Appears in 2 contracts
Concerning General Partner. (a) Each The General Partner of Borrower is a limited liability company, company duly organized and validly existing under the laws of the State. Each General Partner State and has all requisite power and authority, rights and franchises to enter into and perform its obligations under the Borrower Loan Documents and the Funding Loan Documents to be executed by such General Partner it for its own account and on behalf of XxxxxxxxBorrower, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents.
(b) General Partner has made all filings (including, without limitation, all required filings related to the use of fictitious business names) and is in good standing in the State and in each other jurisdiction in which the character of the property it owns or the nature of the business it transacts makes such filings necessary or where the failure to make such filings could have a material adverse effect on the business, operations, assets, condition (financial or otherwise) or prospects of General Partner.
(c) General Partner is duly authorized to do business in the State.
(d) The execution, delivery and performance by Xxxxxxxx Borrower of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of General Partner on behalf of XxxxxxxxBorrower, and by all necessary action on behalf of General Partner.
(e) The execution, delivery and performance by General Partner, on behalf of XxxxxxxxBorrower, of the Borrower Loan Documents and the Funding Loan Documents will not violate
violate (i) General Partner’s organizational documents; (ii) any other Legal Requirement affecting General Partner or any of its properties; or (iii) any agreement to which General Partner is bound or to which it is a party; and will not result in or require the creation (except as provided in or contemplated by this Borrower Loan Agreement) of any Lien upon any of such properties, any of the Collateral or any of the property or funds pledged or delivered to Funding Lender pursuant to the Security Documents.
Appears in 1 contract
Samples: Borrower Loan Agreement
Concerning General Partner. (a) Each The General Partner of Borrower is a limited liability company, duly organized and validly existing under the laws of the StateState of California. Each The General Partner has all requisite power and authority, rights and franchises to enter into and perform its obligations under the Borrower Loan Documents and the Funding Loan Documents to be executed by such General Partner it for its own account and on behalf of XxxxxxxxBorrower, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents.
(b) The General Partner has made all filings (including, without limitation, all required filings related to the use of fictitious business names) and is in good standing in the State and in each other jurisdiction in which the character of the property it owns or the nature of the business it transacts makes such filings necessary or where the failure to make such filings could have a material adverse effect on the business, operations, assets, condition (financial or otherwise) or prospects of General Partner.
(c) The General Partner is duly authorized to do business in the State.
(d) The execution, delivery and performance by Xxxxxxxx Borrower of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of General Partner on behalf of XxxxxxxxBorrower, and by all necessary action on behalf of General Partner.
(e) The execution, delivery and performance by General Partner, on behalf of XxxxxxxxBorrower, of the Borrower Loan Documents and the Funding Loan Documents will not violate
(i) General Partner’s organizational documents; (ii) any other Legal Requirement affecting General Partner or any of its properties; or (iii) any agreement to which General Partner is bound or to which it is a party; and will not result in or require the creation (except as provided in or contemplated by this Borrower Loan Agreement) of any Lien upon any of such properties, any of the Collateral or any of the property or funds pledged or delivered to Funding Lender pursuant to the Security Documents.
Appears in 1 contract
Samples: Borrower Loan Agreement
Concerning General Partner. (a) Each General Partner [The managing general partner of Borrower is the Managing General Partner, a California limited liability company, and the administrative general partner of Borrower is the Administrative General Partner, a California limited liability company, and each of the Managing General Partner and Administrative General Partner is duly organized and validly existing under the laws of the State. Each State of California.] The General Partner has all requisite power and authority, rights and franchises to enter into and perform its obligations under the Borrower Loan Documents and the Funding Loan Documents to be executed by such General Partner it for its own account and on behalf of XxxxxxxxBorrower, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents.
(b) The General Partner has made all filings (including, without limitation, all required filings related to the use of fictitious business names) and is in good standing in the State and in each other jurisdiction in which the character of the property it owns or the nature of the business it transacts makes such filings necessary or where the failure to make such filings could have a material adverse effect on the business, operations, assets, or condition (financial or otherwise) or prospects of General Partner.
(c) The General Partner is duly authorized to do business in the State.
(d) The execution, delivery and performance by Xxxxxxxx Borrower of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of General Partner on behalf of XxxxxxxxBorrower, and by all necessary action on behalf of General Partner.
(e) The execution, delivery and performance by General Partner, on behalf of XxxxxxxxBorrower, of the Borrower Loan Documents and the Funding Loan Documents will not violate
(i) General Partner’s organizational documents; (ii) any other Legal Requirement affecting General Partner or any of its properties; or (iii) any agreement to which General Partner is bound or to which it is a party; and will not result in or require the creation (except as provided in or contemplated by this Borrower Loan Agreement) of any Lien upon any of such properties, any of the Collateral or any of the property or funds pledged or delivered to Funding Lender pursuant to the Security Documents.
Appears in 1 contract
Samples: Borrower Loan Agreement
Concerning General Partner. (a) Each General Partner The administrative general partner of the Borrower is a limited liability company duly organized and validly existing under the laws of the State of Idaho. The co-administrative general partner of Borrower is a limited liability companycompany duly organized and validly existing under the laws of the State. The managing general partner of Borrower is a nonprofit public benefit corporation, duly organized and validly existing under the laws of the State. Each General Partner has all requisite power and authority, rights and franchises to enter into and perform its obligations under the Borrower Loan Documents and the Funding Loan Documents to be executed by such General Partner for its own account and on behalf of XxxxxxxxBorrower, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents.
(b) General Partner has made all filings (including, without limitation, all required filings related to the use of fictitious business names) and is in good standing in the State and in each other jurisdiction in which the character of the property it owns or the nature of the business it transacts makes such filings necessary or where the failure to make such filings could have a material adverse effect on the business, operations, assets, condition (financial or otherwise) or prospects of General Partner.
(c) General Partner is duly authorized to do business in the State.
(d) The execution, delivery and performance by Xxxxxxxx Borrower of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of General Partner on behalf of XxxxxxxxBorrower, and by all necessary action on behalf of General Partner.
(e) The execution, delivery and performance by the General Partner, on behalf of XxxxxxxxBorrower, of the Borrower Loan Documents and the Funding Loan Documents will not violate
violate (i) General Partner’s organizational documents; (ii) any other Legal Requirement affecting General Partner or any of its properties; or (iii) any agreement to which General Partner is bound or to which it is a party; and will not result in or require the creation (except as provided in or contemplated by this Borrower Loan Agreement) of any Lien upon any of such properties, any of the Collateral or any of the property or funds pledged or delivered to Funding Lender pursuant to the Security Documents.
Appears in 1 contract
Samples: Borrower Loan Agreement
Concerning General Partner. (a) Each General Partner of Borrower is a limited liability company, duly organized and validly existing under the laws of the State. Each General Partner has all requisite power and authority, rights and franchises to enter into and perform its obligations under the Borrower Loan Documents and the Funding Loan Documents to be executed by such General Partner for its own account and on behalf of Xxxxxxxx, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents.
(b) General Partner has made all filings (including, without limitation, all required filings related to the use of fictitious business names) and is in good standing in the State and in each other jurisdiction in which the character of the property it owns or the nature of the business it transacts makes such filings necessary or where the failure to make such filings could have a material adverse effect on the business, operations, assets, condition (financial or otherwise) or prospects of General Partner.
(c) General Partner is duly authorized to do business in the State.
(d) The execution, delivery and performance by Xxxxxxxx of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of General Partner on behalf of Xxxxxxxx, and by all necessary action on behalf of General Partner.
(e) The execution, delivery and performance by General Partner, on behalf of Xxxxxxxx, of the Borrower Loan Documents and the Funding Loan Documents will not violate
(i) General Partner’s organizational documents; (ii) any other Legal Requirement affecting General Partner or any of its properties; or (iii) any agreement to which General Partner is bound or to which it is a party; and will not result in or require the creation (except as provided in or contemplated by this Borrower Loan Agreement) of any Lien upon any of such properties, any of the Collateral or any of the property or funds pledged or delivered to Funding Lender pursuant to the Security Documents.
Appears in 1 contract
Samples: Borrower Loan Agreement
Concerning General Partner. (a) Each General Partner The managing general partner of Borrower is Foundation For Affordable Housing V, Inc., a California nonprofit public benefit corporation, and the co-general partner of Borrower is the Otay Affordable I V8, LLC, a California limited liability company, and each of the Managing General Partner and Administrative General Partner is duly organized and validly existing under the laws of the StateState of California. Each The General Partner has all requisite power and authority, rights and franchises to enter into and perform its obligations under the Borrower Loan Documents and the Funding Loan Documents to be executed by such General Partner it for its own account and on behalf of Xxxxxxxx, as general partner of BorrowerXxxxxxxx, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents.
(b) The General Partner has made all filings (including, without limitation, all required filings related to the use of fictitious business names) and is in good standing in the State and in each other jurisdiction in which the character of the property it owns or the nature of the business it transacts makes such filings necessary or where the failure to make such filings could have a material adverse effect on the business, operations, assets, or financial condition (financial or otherwise) or prospects of General Partner.
(c) The General Partner is duly authorized to do business in the State.
(d) The execution, delivery and performance by Xxxxxxxx of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of General Partner on behalf of Xxxxxxxx, and by all necessary action on behalf of General Partner.
(e) The execution, delivery and performance by General Partner, on behalf of Xxxxxxxx, of the Borrower Loan Documents and the Funding Loan Documents will not violate
(i) General Partner’s organizational documents; (ii) any other Legal Requirement affecting General Partner or any of its properties; or (iii) any agreement to which General Partner is bound or to which it is a party; and will not result in or require the creation (except as provided in or contemplated by this Borrower Loan Agreement) of any Lien upon any of such properties, any of the Collateral or any of the property or funds pledged or delivered to Funding Lender pursuant to the Security Documents.
Appears in 1 contract
Samples: Borrower Loan Agreement
Concerning General Partner. Each General Partner represents and covenants as to itself only and not on behalf of the other General Partner as follows:
(a) Each General Partner The managing general partner of Borrower is the Pacific Southwest Community Development Corporation, a California nonprofit public benefit corporation, and the administrative general partner of Borrower is CIC Millenia II LLC a California limited liability company, and each of the Managing General Partner and Administrative General Partner is duly organized and validly existing under the laws of the StateState of California. Each The General Partner has all requisite power and authority, rights and franchises to enter into and perform its obligations under the Borrower Loan Documents and the Funding Loan Documents to be executed by such General Partner it for its own account and on behalf of Xxxxxxxx, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents.
(b) The General Partner has made all filings (including, without limitation, all required filings related to the use of fictitious business names) and is in good standing in the State and in each other jurisdiction in which the character of the property it owns or the nature of the business it transacts makes such filings necessary or where the failure to make such filings could have a material adverse effect on the business, operations, assets, or financial condition (financial or otherwise) or prospects of General Partner.
(c) The General Partner is duly authorized to do business in the State.
(d) The execution, delivery and performance by Xxxxxxxx of the Borrower Loan Documents and the Funding Loan Documents to which Borrower is a party have been duly authorized by all necessary action of General Partner on behalf of Xxxxxxxx, and by all necessary action on behalf of General Partner.
(e) The execution, delivery and performance by General Partner, on behalf of Xxxxxxxx, of the Borrower Loan Documents and the Funding Loan Documents to which Borrower is a party will not violate
violate (i) General Partner’s organizational documents; (ii) any other Legal Requirement affecting General Partner or any of its properties; or (iii) any agreement to which General Partner is bound or to which it is a party; and will not result in or require the creation (except as provided in or contemplated by this Borrower Loan Agreement) of any Lien upon any of such properties, any of the Collateral or any of the property or funds pledged or delivered to Funding Lender pursuant to the Security Documents.
Appears in 1 contract
Samples: Borrower Loan Agreement
Concerning General Partner. (a) Each The General Partner of Borrower is a California limited liability company, duly organized and validly existing under the laws of the State. Each The General Partner has all requisite power and authority, rights and franchises to enter into and perform its obligations under the Borrower Loan Documents and the Funding Loan Documents to be executed by such General Partner for its own account and on behalf of XxxxxxxxBorrower, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents.
(b) General Partner has made all filings (including, without limitation, all required filings related to the use of fictitious business names) and is in good standing in the State and in each other jurisdiction in which the character of the property it owns or the nature of the business it transacts makes such filings necessary or where the failure to make such filings could have a material adverse effect on the business, operations, assets, condition (financial or otherwise) or prospects of General Partner.
(c) [General Partner is duly authorized to do business in the State.]
(d) The execution, delivery and performance by Xxxxxxxx Borrower of the Borrower Loan Documents and the Funding Loan Documents to which Borrower is a party have been duly authorized by all necessary action of General Partner on behalf of XxxxxxxxBorrower, and by all necessary action on behalf of General Partner.
(e) The execution, delivery and performance by General Partner, on behalf of XxxxxxxxBorrower, of the Borrower Loan Documents and the Funding Loan Documents will not violate
violate (i) General Partner’s organizational documents; (ii) any other Legal Requirement affecting General Partner or any of its properties; or (iii) any agreement to which General Partner is bound or to which it is a party; and will not result in or require the creation (except as provided in or contemplated by this Borrower Loan Agreement) of any Lien upon any of such properties, any of the Collateral or any of the property or funds pledged or delivered to Funding Lender pursuant to the Security Documents.
Appears in 1 contract
Samples: Borrower Loan Agreement
Concerning General Partner. { TC \l2 "Section 4.43. Concerning General Partner"}
(a) Each General Partner The managing general partner of Borrower is a limited liability company duly organized and validly existing under the laws of the State. The administrative general partner of Borrower is a limited liability company, duly organized and validly existing under the laws of the State. Each General Partner has all requisite power and authority, rights and franchises to enter into and perform its obligations under the Borrower Loan Documents and the Funding Loan Documents to be executed by such General Partner for its own account and on behalf of XxxxxxxxBorrower, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents.
(b) General Partner has made all filings (including, without limitation, all required filings related to the use of fictitious business names) and is in good standing in the State and in each other jurisdiction in which the character of the property it owns or the nature of the business it transacts makes such filings necessary or where the failure to make such filings could have a material adverse effect on the business, operations, assets, condition (financial or otherwise) or prospects of General Partner.
(c) General Partner is duly authorized to do business in the State.
(d) The execution, delivery and performance by Xxxxxxxx Borrower of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of General Partner on behalf of XxxxxxxxBorrower, and by all necessary action on behalf of General Partner.
(e) The execution, delivery and performance by General Partner, on behalf of XxxxxxxxBorrower, of the Borrower Loan Documents and the Funding Loan Documents will not violate
violate (i) General Partner’s organizational documents; (ii) any other Legal Requirement affecting General Partner or any of its properties; or (iii) any agreement to which General Partner is bound or to which it is a party; and will not result in or require the creation (except as provided in or contemplated by this Borrower Loan Agreement) of any Lien upon any of such properties, any of the Collateral or any of the property or funds pledged or delivered to Funding Lender pursuant to the Security Documents. Section 4.44. Government and Private Approvals. { TC \l2 "Section 4.44. Government and Private Approvals"} All governmental or regulatory orders, consents, permits, authorizations and approvals required for the rehabilitation, use, occupancy and operation of the Improvements, that may be granted or denied in the discretion of any Governmental Authority, have been obtained and are in full force and effect (or, in the case of any of the foregoing that Borrower is not required to have as of the Closing Date, will be obtained), and will be maintained in full force and effect at all times during the rehabilitation of the Improvements. All such orders, consents, permits, authorizations and approvals that may not be denied in the discretion of any Governmental Authority shall be obtained prior to the commencement of any work for which such orders, consents, permits, authorizations or approvals are required, and, once obtained, such orders, consents, permits, authorizations and approvals will be maintained in full force and effect at all times during the rehabilitation of the Improvements. Except as set forth in the preceding two sentences, no additional governmental or regulatory actions, filings or registrations with respect to the Improvements, and no approvals, authorizations or consents of any trustee or holder of any indebtedness or obligation of Borrower, are required for the due execution, delivery and performance by Borrower or General Partner of any of the Borrower Loan Documents or the Funding Loan Documents or the Related Documents executed by Borrower or General Partner, as applicable. All required zoning approvals have been obtained, and the zoning of the Land for the Project is not conditional upon the happening of any further event.
Appears in 1 contract
Samples: Borrower Loan Agreement
Concerning General Partner. (a) Each General Partner The general partner of Borrower is a limited liability companynonprofit public benefit corporation, duly organized and validly existing under the laws of the StateState of California. Each The General Partner has all requisite power and authority, rights and franchises to enter into and perform its obligations under the Borrower Loan Documents and the Funding Loan Documents to be executed by such the General Partner for its own account and on behalf of Xxxxxxxx, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents.
(b) General Partner has made all filings (including, without limitation, all required filings related to the use of fictitious business names) and is in good standing in the State and in each other jurisdiction in which the character of the property it owns or the nature of the business it transacts makes such filings necessary or where the failure to make such filings could have a material adverse effect on the business, operations, assets, condition (financial or otherwise) or prospects of General Partner.
(c) General Partner is duly authorized to do business in the State.
(d) The execution, delivery and performance by Xxxxxxxx of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of General Partner on behalf of Xxxxxxxx, and by all necessary action on behalf of General Partner.
(e) The execution, delivery and performance by General Partner, on behalf of Xxxxxxxx, of the Borrower Loan Documents and the Funding Loan Documents will not violate
violate (i) General Partner’s organizational documents; (ii) any other Legal Requirement affecting General Partner or any of its properties; or (iii) any agreement to which General Partner is bound or to which it is a party; and will not result in or require the creation (except as provided in or contemplated by this Borrower Loan Agreement) of any Lien upon any of such properties, any of the Collateral or any of the property or funds pledged or delivered to Funding Lender pursuant to the Security Documents.
Appears in 1 contract
Samples: Regulatory Agreement and Declaration of Restrictive Covenants