Common use of Concerning General Partner Clause in Contracts

Concerning General Partner. (a) 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 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 Borrower, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents. (b) Each 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) of General Partner. (c) Each General Partner is duly authorized to do business in the State. (d) The execution, delivery and performance by Borrower of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of each General Partner on behalf of Borrower, and by all necessary action on behalf of each General Partner. (e) The execution, delivery and performance by each General Partner, on behalf of Borrower, of the Borrower Loan Documents and the Funding Loan Documents will not violate (i) each General Partner’s organizational documents; (ii) any other Legal Requirement affecting each General Partner or any of its properties; or (iii) any agreement to which each 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.

Concerning General Partner. (a) The administrative Managing General Partner of the Borrower is a limited liability company duly organized and validly existing under the laws of the State of IdahoState. The managing general partner of Borrower Administrative General Partner is a nonprofit public benefit corporation, 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 the General Partner for its own account and on behalf of the Borrower, as a general partner of the Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents. (b) Each 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) of the General Partner. (c) Each The General Partner is duly authorized to do business in the State. (d) The execution, delivery and performance by the Borrower of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of each the General Partner on behalf of the Borrower, and by all necessary action on behalf of each the General Partner. (e) The execution, delivery and performance by each the General Partner, on behalf of the Borrower, of the Borrower Loan Documents and the Funding Loan Documents will not violate violate (i) each the General Partner’s organizational documents; (ii) any other Legal Requirement affecting each the General Partner or any of its properties; or (iii) any agreement to which each the 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.

Concerning General Partner. (a) The administrative Managing General Partner of the Borrower is a limited liability company California nonprofit public benefit corporation duly organized and validly existing under the laws of the State of IdahoCalifornia. The managing general partner Co-General Partner of Borrower is a nonprofit public benefit corporationCalifornia limited liability company, duly organized and validly existing under the laws of the StateState 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 Borrower, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents. (b) Each 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 assets, condition (financial or otherwise) or prospects of General Partner. (c) Each General Partner is duly authorized to do business in the State. (d) The execution, delivery and performance by Borrower of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of each General Partner on behalf of Borrower, and by all necessary action on behalf of each General Partner. (e) The execution, delivery and performance by each General Partner, on behalf of Borrower, of the Borrower Loan Documents and the Funding Loan Documents will not violate violate (i) each General Partner’s organizational documents; (ii) any other Legal Requirement affecting each General Partner or any of its properties; or (iii) any agreement to which each 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.. 34OHS WEST:261155539.6

Concerning General Partner. (a) The administrative managing general partner of Xxxxxxxx is the Managing General Partner, a California limited liability company, and the co-general partner of Borrower is the Administrative General Partner, a California limited liability company, and each of the Managing General Partner of the Borrower and Administrative General Partner is a limited liability company duly organized and validly existing under the laws of the State of IdahoCalifornia. 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 it for its own account and on behalf of BorrowerXxxxxxxx, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents. (b) Each 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 assets, or financial condition (financial or otherwise) of General Partner. (c) Each The General Partner is duly authorized to do business in the State. (d) The execution, delivery and performance by Borrower Xxxxxxxx of the Borrower Loan Documents and the Funding Loan Documents have been duly authorized by all necessary action of each General Partner on behalf of BorrowerXxxxxxxx, and by all necessary action on behalf of each General Partner. (e) The execution, delivery and performance by each General Partner, on behalf of BorrowerXxxxxxxx, of the Borrower Loan Documents and the Funding Loan Documents will not violate (i) each General Partner’s organizational documents; (ii) any other Legal Requirement affecting each General Partner or any of its properties; or (iii) any agreement to which each 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.

Concerning General Partner. The Borrower represents and covenants as follows: (a) The administrative General Partner of the Borrower is a limited liability company nonprofit public benefit duly organized and validly existing under the laws of the State of IdahoCalifornia. 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 it for its own account and on behalf of BorrowerXxxxxxxx, as general partner of Borrower, under this Borrower Loan Agreement and the other Borrower Loan Documents and the Funding Loan Documents. (b) Each The General Partner has made all filings (including, without limitation, all required filings related to the use of fictitious business names) and is validly existing and 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 assets, or financial condition (financial or otherwise) of General Partner. (c) Each The General Partner is duly authorized to do business in the State. (d) The execution, delivery and performance by Borrower 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 each General Partner on behalf of BorrowerXxxxxxxx, and by all necessary action on behalf of each General Partner. (e) The execution, delivery and performance by each General Partner, on behalf of BorrowerXxxxxxxx, of the Borrower Loan Documents and the Funding Loan Documents to which Borrower is a party will not violate violate (i) each General Partner’s organizational documents; (ii) any other Legal Requirement affecting each General Partner or any of its properties; or (iii) any agreement to which each 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.