Common use of FORMATION AND ORGANIZATIONAL DOCUMENTS Clause in Contracts

FORMATION AND ORGANIZATIONAL DOCUMENTS. Each Borrower has previously delivered to Administrative Agent all of the relevant formation and organizational documents of such Borrower (and the partners, members, managers or joint venturers of such Borrower (if any)), and Guarantor (and the partners, members, managers or joint venturers of all such Guarantors (if any)). Borrowers hereby certify that: (i) the above documents are all of the relevant formation and organizational documents of Borrowers and Guarantor; (ii) they remain in full force and effect; and (iii) they have not been amended or modified since they were previously delivered to Administrative Agent.

Appears in 6 contracts

Samples: Revolving Loan Agreement (RREEF Property Trust, Inc.), Third Amendment to Second Amended and Restated Revolving Loan Agreement (RREEF Property Trust, Inc.), Revolving Loan Agreement (RREEF Property Trust, Inc.)

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FORMATION AND ORGANIZATIONAL DOCUMENTS. Each Borrower has previously delivered to Administrative Agent all of the relevant formation and organizational documents of such Borrower (and Borrower, of the partners, members, managers partners or joint venturers of such Borrower (if any)), and Guarantor (and the partners, members, managers or joint venturers of all such Guarantors guarantors of the Loan (if any)), and all such formation documents remain in full force and effect and have not been amended or modified since they were delivered to Administrative Agent. Borrowers Borrower hereby certify certifies that: (i) the above documents are all of the relevant formation and organizational documents of Borrowers and GuarantorBorrower; (ii) they remain in full force and effect; and (iii) they have not been amended or modified since they were previously delivered to Administrative Agent.

Appears in 6 contracts

Samples: Modification Agreement (KBS Real Estate Investment Trust II, Inc.), Modification Agreement (Sunrise Senior Living Inc), Modification Agreement (Sunrise Senior Living Inc)

FORMATION AND ORGANIZATIONAL DOCUMENTS. Each Borrower has previously delivered to Administrative Agent all of the relevant formation and organizational documents of such Borrower (and Borrower, of the partners, members, managers partners or joint venturers of such Borrower (if any)), and Guarantor (and the partners, members, managers or joint venturers of all such Guarantors guarantors of the Loan (if any)), and all such formation documents remain in full force and effect and have not been amended or modified since they were delivered to Administrative Agent, except as disclosed to Administrative Agent in writing. Borrowers Borrower hereby certify certifies that: (i) the above documents are all of the relevant formation and organizational documents of Borrowers and GuarantorBorrower; (ii) they remain in full force and effect; and (iii) they have not been amended or modified since they were previously delivered to Administrative Agent.

Appears in 4 contracts

Samples: Modification Agreement (Maui Land & Pineapple Co Inc), Modification Agreement (Maui Land & Pineapple Co Inc), Modification Agreement (Maui Land & Pineapple Co Inc)

FORMATION AND ORGANIZATIONAL DOCUMENTS. Each Borrower has previously delivered to Administrative Agent all of the relevant formation and organizational documents of such Borrower (and Borrower, of the partners, members, managers partners or joint venturers of such Borrower (if any)), and Guarantor (and the partners, members, managers or joint venturers of all such Guarantors guarantors of the Loan (if any)), and all such formation documents remain in full force and effect and have not been amended or modified since they were delivered to Agent. Borrowers Borrower hereby certify certifies that: (i) the above documents are all of the relevant formation and organizational documents of Borrowers and GuarantorBorrower; (ii) they remain in full force and effect; and (iii) they have not been amended or modified since they were previously delivered to Administrative Agent.

Appears in 4 contracts

Samples: Modification Agreement, Modification Agreement (Ps Business Parks Inc/Ca), Modification Agreement (Ps Business Parks Inc/Ca)

FORMATION AND ORGANIZATIONAL DOCUMENTS. Each Borrower has previously delivered to Administrative Agent all of the relevant formation and organizational documents of such Borrower (and the partners, members, managers or joint venturers of such Borrower (if any))Guarantor, and Guarantor (and the partners, members, managers or joint venturers of all such Guarantors (if any))formation documents remain in full force and effect and have not been amended or modified since they were delivered to Administrative Agent. Borrowers Borrower hereby certify certifies that: : (i) the above documents are all of the relevant formation and organizational documents of Borrowers Borrower and Guarantor; (ii) they remain in full force and effect; and (iii) they have not been amended or modified since they were previously delivered to Administrative Agent.

Appears in 2 contracts

Samples: Term Loan Agreement (Arden Realty Limited Partnership), Term Loan Agreement (Arden Realty Limited Partnership)

FORMATION AND ORGANIZATIONAL DOCUMENTS. Each Borrower has Borrowers have previously delivered to Administrative Agent all of the relevant formation and organizational documents of such Borrower (and Borrowers, of the partners, members, managers partners or joint venturers of such Borrower Borrowers (if any)), and Guarantor (and the partners, members, managers or joint venturers of all such Guarantors guarantors of the Loan (if any)), and all such formation documents remain in full force and effect and have not been amended or modified since they were delivered to Administrative Agent. Borrowers hereby certify that: (i) the above documents are all of the relevant formation and organizational documents of Borrowers and GuarantorBorrowers; (ii) they remain in full force and effect; and (iii) they have not been amended or modified since they were previously delivered to Administrative Agent.

Appears in 2 contracts

Samples: Modification Agreement (KBS Real Estate Investment Trust II, Inc.), Modification Agreement (KBS Real Estate Investment Trust III, Inc.)

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FORMATION AND ORGANIZATIONAL DOCUMENTS. Each Borrower has previously delivered to Administrative Agent all of the relevant formation and organizational documents of such Borrower (and the partners, members, managers or joint venturers of such Borrower (if any))Guarantor, and Guarantor (and the partners, members, managers or joint venturers of all such Guarantors formation documents remain in full force and effect and have not been amended or modified since they were delivered to Administrative Agent. Borrower hereby certifies that: (if any)). Borrowers hereby certify that: (ia) the above documents are all of the relevant formation and organizational documents of Borrowers Borrower and Guarantor; (iib) they remain in full force and effect; and (iiic) they have not been amended or modified since they were previously delivered to Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Equity One Inc)

FORMATION AND ORGANIZATIONAL DOCUMENTS. Each Borrower has previously delivered to Administrative Agent all of the relevant formation and organizational documents of such Borrower (and Borrower, of the partners, members, managers members or joint venturers of such Borrower (if any)), and Guarantor (and all guarantors of the partners, members, managers or joint venturers of all such Guarantors Loan (if any))) and all such formation documents remain in full force and effect and have not been amended or modified since they were delivered to Administrative Agent. Borrowers Borrower hereby certify certifies that: (i) the above documents are all of the relevant formation and organizational documents of Borrowers and GuarantorBorrower; (ii) they remain in full force and effect; and (iii) they have not been amended or modified since they were previously delivered to Administrative Agent.

Appears in 1 contract

Samples: Modification Agreement (Maui Land & Pineapple Co Inc)

FORMATION AND ORGANIZATIONAL DOCUMENTS. Each Borrower has previously delivered to Administrative Agent all of the relevant formation and organizational documents of such Borrower (and the partners, members, managers or joint venturers of such Borrower (if any))Guarantor, and Guarantor (and the partners, members, managers or joint venturers of all such Guarantors (if any))formation documents remain in full force and effect and have not been amended or modified since they were delivered to Administrative Agent. Borrowers Borrower hereby certify certifies that: (ia) the above documents are all of the relevant formation and organizational documents of Borrowers Borrower and Guarantor; (iib) they remain in full force and effect; and (iiic) they have not been amended or modified since they were previously delivered to Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Equity One, Inc.)

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