Common use of FORMATION AND ORGANIZATIONAL DOCUMENTS Clause in Contracts

FORMATION AND ORGANIZATIONAL DOCUMENTS. Borrower has previously delivered to Administrative Agent all of the relevant formation and organizational documents of Borrower, of the partners or joint venturers of Borrower (if any), and of all 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. Borrower hereby certifies that: (i) the above documents are all of the relevant formation and organizational documents of Borrower; (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: Second Modification Agreement (KBS Real Estate Investment Trust II, Inc.), Consent and General Release (Sunrise Senior Living Inc), Modification Agreement (Sunrise Senior Living Inc)

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FORMATION AND ORGANIZATIONAL DOCUMENTS. Borrower has previously delivered to Administrative Agent all of the relevant formation and organizational documents of Borrower, of the partners or joint venturers of Borrower (if any), and of all 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. Borrower hereby certifies that: (i) the above documents are all of the relevant formation and organizational documents of Borrower; (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: Fourth Modification Agreement (Maui Land & Pineapple Co Inc), Third Modification Agreement (Maui Land & Pineapple Co Inc), Second Modification Agreement and Waiver Secured Loan (Maui Land & Pineapple Co Inc)

FORMATION AND ORGANIZATIONAL DOCUMENTS. Borrower has previously delivered to Administrative Agent all of the relevant formation and organizational documents of Borrower, of the partners or joint venturers of Borrower (if any), and of all 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. Borrower hereby certifies that: (i) the above documents are all of the relevant formation and organizational documents of Borrower; (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: Seventh Modification Agreement, Seventh Modification Agreement (Ps Business Parks Inc/Ca), Sixth Modification Agreement (Ps Business Parks Inc/Ca)

FORMATION AND ORGANIZATIONAL DOCUMENTS. Borrower has previously delivered to Administrative Agent all of the relevant formation and organizational documents of Borrower, of the partners or joint venturers of Borrower (if any), and of all guarantors of the Loan (if any)Guarantor, 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. Borrower hereby certifies that: (i) the above documents are all of the relevant formation and organizational documents of BorrowerBorrower 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. Borrower has Borrowers have previously delivered to Administrative Agent all of the relevant formation and organizational documents of BorrowerBorrowers, of the partners or joint venturers of Borrower Borrowers (if any), and of all 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. Borrower Borrowers hereby certifies certify that: (i) the above documents are all of the relevant formation and organizational documents of BorrowerBorrowers; (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: First 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. Borrower has previously delivered to Administrative Agent all of the relevant formation and organizational documents of Borrower, of the partners or joint venturers of Borrower (if any), and of all guarantors of the Loan (if any)Guarantor, 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. Borrower hereby certifies that: (ia) the above documents are all of the relevant formation and organizational documents of BorrowerBorrower 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 2 contracts

Samples: Credit Agreement (Equity One, Inc.), Credit Agreement (Equity One Inc)

FORMATION AND ORGANIZATIONAL DOCUMENTS. Borrower has previously delivered to Administrative Agent all of the relevant formation and organizational documents of Borrower, of the partners partners, members or joint venturers of Borrower (if any), and of all 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. Borrower hereby certifies that: (i) the above documents are all of the relevant formation and organizational documents of Borrower; (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: Fifth Modification Agreement (Maui Land & Pineapple Co Inc)

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