Common use of Nonconsolidation Clause in Contracts

Nonconsolidation. (1) Borrower maintains correct and complete books and records of account separate from all other Persons. Where necessary or appropriate, Borrower has disclosed the nature of the transaction contemplated by the Loan Documents and Borrower’s independent status to its creditors. Borrower has not commingled its assets and its liabilities with those of any other Person.

Appears in 3 contracts

Samples: Loan Agreement (Jameson Inns Inc), Environmental Indemnity Agreement (Jameson Inns Inc), Loan Agreement (Jameson Inns Inc)

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Nonconsolidation. (1) Borrower maintains correct and complete books and records of account separate from all other Persons. Where necessary or appropriate, Borrower has disclosed the nature of the transaction contemplated by the Loan Documents and Borrower’s 's independent status to its creditors. The Premises represent all of the assets owned or leased by Borrower as of the date hereof, and Borrower has not commingled its assets and its liabilities with those of any other Person.

Appears in 3 contracts

Samples: Loan Agreement (Friendly Ice Cream Corp), Loan Agreement (Friendly Ice Cream Corp), Loan Agreement (Friendly Ice Cream Corp)

Nonconsolidation. (1) Borrower maintains shall at all times maintain correct and complete books and records of account separate from all other Persons. Where necessary or appropriate, Borrower has disclosed shall disclose the nature of the transaction transactions contemplated by the Loan Documents and Borrower’s 's independent status to its creditors. Borrower has shall not commingled own or lease any assets other than the Premises, nor engage in any business other than owning and leasing the Premises, including financing the Premises with Lender. Borrower shall not commingle its assets and its liabilities with those of any other Person.

Appears in 3 contracts

Samples: Loan Agreement (Friendly Ice Cream Corp), Loan Agreement (Friendly Ice Cream Corp), Loan Agreement (Friendly Ice Cream Corp)

Nonconsolidation. (1) Borrower maintains correct and complete books and records of account separate from all other Persons. Where necessary or appropriate, Borrower has disclosed the nature of the transaction contemplated by the Loan Documents and Borrower’s 's independent status to its creditors. The Equipment, the Fee Properties, the Fee Equipment and related property represent all of the assets owned or leased by Borrower as of the date hereof, and Borrower has not commingled its assets and its liabilities with those of any other Person.

Appears in 2 contracts

Samples: Equipment Loan and Security Agreement (Alon USA Energy, Inc.), Equipment Loan and Security Agreement (Alon USA Energy, Inc.)

Nonconsolidation. (1) Borrower maintains correct and complete books and records of account separate from all other Persons. Where necessary or appropriate, Borrower has disclosed the nature of the transaction contemplated by the Loan Documents and Borrower’s 's independent status to its creditors. The Equipment and the Mortgaged Premises represent all of the assets owned or leased by Borrower as of the date hereof, and Borrower has not commingled its assets and its liabilities with those of any other Person.

Appears in 2 contracts

Samples: Loan and Security Agreement (Tumbleweed Inc), Loan and Security Agreement (Tumbleweed Inc)

Nonconsolidation. (1) Borrower Debtor maintains correct and complete books and records of account separate from all other Persons. Where necessary or appropriate, Borrower Debtor has disclosed the nature of the transaction contemplated by the Loan Documents and Borrower’s Debtor's independent status to its creditors. Borrower The Premises and related restaurant equipment represent all of the assets owned or leased by Debtor as of the date hereof, and Debtor has not commingled its assets and its liabilities with those of any other Person.

Appears in 1 contract

Samples: Loan Agreement (Bertuccis of White Marsh Inc)

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Nonconsolidation. (1) Borrower maintains correct appropriate and complete books and records of account separate from all other Persons. Where necessary or appropriate, Borrower has disclosed the nature of the transaction contemplated by the Loan Documents and Borrower’s 's independent status to its creditors. The Premises and cash capital contributions represent all of the assets owned or leased by Borrower as of the date hereof, and Borrower has not commingled its assets and its liabilities with those of any other Person.

Appears in 1 contract

Samples: Loan Agreement (Alexanders J Corp)

Nonconsolidation. (1) Borrower maintains correct and complete books and records of account separate from all other Persons. Where necessary or appropriate, Borrower has disclosed the nature of the transaction contemplated by the Loan Documents and Borrower’s 's independent status to its creditors. The Premises, Equipment and related property represent all of the assets owned or leased by Borrower as of the date hereof, and Borrower has not commingled its assets and its liabilities with those of any other Person.

Appears in 1 contract

Samples: Loan Agreement (Alon USA Energy, Inc.)

Nonconsolidation. (1) Borrower maintains correct shall at all times maintain appropriate and complete books and records of account separate from all other Persons. Where necessary or appropriate, Borrower has disclosed shall disclose the nature of the transaction contemplated by the Loan Documents and Borrower’s 's independent status to its creditors. Borrower has shall not commingled own or lease any assets other than the Premises and cash, nor engage in any business other than owning and leasing the Premises, including financing the Premises with Lender. Borrower shall not commingle its assets and its liabilities with those of any other Person.

Appears in 1 contract

Samples: Loan Agreement (Alexanders J Corp)

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