Common use of FORMATION AND ORGANIZATIONAL DOCUMENTS Clause in Contracts

FORMATION AND ORGANIZATIONAL DOCUMENTS. Borrower has previously delivered to Lender 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 Lender. 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 Lender.

Appears in 6 contracts

Samples: Second Modification Agreement (Sunrise Senior Living Inc), Modification Agreement (Sunrise Senior Living Inc), Third Modification Agreement (Thomas Properties Group Inc)

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FORMATION AND ORGANIZATIONAL DOCUMENTS. Borrower has previously delivered to Lender 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 Lender. 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 Lender.

Appears in 2 contracts

Samples: Second Modification Agreement (Inland Real Estate Corp), First Modification Agreement (Inland Real Estate Corp)

FORMATION AND ORGANIZATIONAL DOCUMENTS. Borrower has previously delivered to Lender 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 Lender. 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 Lender.

Appears in 2 contracts

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

FORMATION AND ORGANIZATIONAL DOCUMENTS. Borrower has previously delivered to Lender 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)Loan, and all such formation documents remain in full force and effect and have not been amended or modified since they were delivered to Lender. 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 Lender.

Appears in 2 contracts

Samples: Modification Agreement (AAC Holdings, Inc.), Modification Agreement (AAC Holdings, Inc.)

FORMATION AND ORGANIZATIONAL DOCUMENTS. Borrower has previously delivered to Lender 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 Lender. Borrower hereby certifies that: (i) the above documents previously delivered to Lender 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 Lender.

Appears in 1 contract

Samples: Leases and Security Agreement (Manufactured Home Communities Inc)

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FORMATION AND ORGANIZATIONAL DOCUMENTS. Borrower has previously delivered to Lender the LenderParties 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 Lenderthe Lender Parties. 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 Lenderthe LenderParties.

Appears in 1 contract

Samples: Third Modification Agreement Unsecured Loan (Ps Business Parks Inc/Ca)

FORMATION AND ORGANIZATIONAL DOCUMENTS. Borrower has previously delivered to Lender 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 Lender. Borrower hereby certifies that, as of the Modification Date: (ia) the above such formation and organizational 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 Lender.

Appears in 1 contract

Samples: Second Loan Modification Agreement (Modiv Divisibles, LLC)

FORMATION AND ORGANIZATIONAL DOCUMENTS. Borrower has previously delivered to Lender 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 Borrower’s obligations under the Loan Agreement (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 Lender. 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 Lender.

Appears in 1 contract

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

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