Common use of Principal Place of Business; State of Organization Clause in Contracts

Principal Place of Business; State of Organization. Borrower will not cause or permit any change to be made in its name, identity (including its trade name or names), place of organization or formation (as set forth in Section 4.1.36 hereof) or Borrower’s limited liability company or partnership or other structure (except as permitted pursuant to Section 5.2.10 hereof); provided that with respect to a change of name only, Borrower shall be permitted to make such change if Borrower shall have first notified Lender in writing of such change at least thirty (30) days prior to the effective date of such change, and shall have first taken all action reasonably required by Lender for the purpose of perfecting or protecting the lien and security interests of Lender pursuant to this Agreement, and the other Loan Documents. Borrower shall not change its organizational structure (except as a result of any Transfer that is expressly permitted by Section 5.2.10 hereof) or place of organization or formation without first obtaining the prior written consent of Lender, which consent may be given or denied in Lxxxxx’s sole discretion. Upon Lxxxxx’s written request, Borrower shall, at Bxxxxxxx’s sole cost and expense, execute and deliver additional security agreements and other instruments which may be necessary to effectively evidence or perfect Lxxxxx’s security interest in the Property as a result of such change of principal place of business or place of organization approved in accordance with the foregoing sentence. Bxxxxxxx’s principal place of business and chief executive office, and the place where Bxxxxxxx keeps its books and records, including recorded data of any kind or nature, regardless of the medium or recording, including software, writings, plans, specifications and schematics, has been for the preceding four months (or, if less, the entire period of the existence of Borrower) and will continue to be the address of Borrower set forth at the introductory paragraph of this Agreement. Borrower shall not change its organizational identification number. If Borrower does not now have an organizational identification number and later obtains one, Borrower promptly shall notify Lender of such organizational identification number.

Principal Place of Business; State of Organization. Borrower Each of Borrower, Operating Lessee and Operating Lessee Pledgor will not cause or permit any change to be made in its name, identity (including its trade name or names), place of organization or formation (as set forth in Section 4.1.36 hereof) or Borrower’s, Operating Lessee’s or Operating Lessee Pledgor’s limited liability company or partnership or other structure (except as permitted pursuant to Section 5.2.10 hereof); provided provided, that with respect to a change of name only, Borrower Borrower, Operating Lessee and Operating Lessee Pledgor shall be permitted to make such change if Borrower Borrower, Operating Lessee and/or Operating Lessee Pledgor shall have first notified Lender in writing of such change at least thirty (30) days prior to the effective date of such change, and shall have first taken all action reasonably required by Lender for the purpose of perfecting or protecting the lien and security interests of Lender pursuant to this Agreement, and the other Loan Documents. Borrower None of Borrower, Operating Lessee or Operating Lessee Pledgor shall not change its organizational structure (except as a result of any Transfer that is expressly permitted by Section 5.2.10 hereof) or place of organization or formation without first obtaining the prior written consent of Lender, which consent may be given or denied in LxxxxxXxxxxx’s sole discretiondiscretion and delivery of a Rating Agency Confirmation from the Approved Rating Agencies. Upon LxxxxxXxxxxx’s written request, Borrower each of Borrower, Operating Lessee and Operating Lessee Pledgor shall, at BxxxxxxxBorrower’s and Operating Lessee’s sole cost and expense, execute and deliver additional security agreements and other instruments which may be necessary to effectively evidence or perfect LxxxxxXxxxxx’s security interest in the Property as a result of such change of principal place of business or place of organization approved in accordance with the foregoing sentence. BxxxxxxxXxxxxxxx’s, Operating Xxxxxx’s and Operating Lessee Pledgor’s principal place of business and chief executive office, and the place where Bxxxxxxx keeps its Xxxxxxxx, Operating Lessee and Operating Lessee Pledgor keep their books and records, including recorded data of any kind or nature, regardless of the medium or recording, including software, writings, plans, specifications and schematics, has been for the preceding four months (or, if less, the entire period of the existence of Borrower) and will continue to be the address of Borrower Borrower, Operating Lessee and Operating Lessee Pledgor set forth at the introductory paragraph of this Agreement. Borrower None of Borrower, Operating Lessee or Operating Lessee Pledgor shall not change its their organizational identification number. If Borrower any of Borrower, Operating Lessee or Operating Lessee Pledgor does not now have an organizational identification number and later obtains one, Borrower Borrower, Operating Lessee or Operating Lessee Pledgor, as applicable, promptly shall notify Lender of such organizational identification number.

Principal Place of Business; State of Organization. Borrower will not cause or permit any change to be made in its or Mortgage Borrower’s name, identity (including its trade name or names), place of organization or formation (as set forth in Section 4.1.36 hereof) or Borrower’s limited liability company or Mortgage Borrower’s corporate, partnership or other structure (except as permitted pursuant to Section 5.2.10 hereof); provided that with respect to a change of name only, Borrower shall be permitted to make such change if unless Borrower shall have first notified Lender in writing of such change at least thirty (30) days prior to the effective date of such change, and shall have first taken all action reasonably required by Lender for the purpose of perfecting or protecting the lien and security interests of Lender pursuant to this Agreement, the Mezzanine Cash Management Agreement and the other Loan Documents. Borrower shall not Documents and, in the case of a change its organizational structure (except as a result of any Transfer that is expressly permitted by Section 5.2.10 hereof) or place of organization or formation in Borrower’s structure, without first obtaining the prior written consent of Lender, which such consent may not to be given or denied in Lxxxxx’s sole discretionunreasonably withheld. Upon LxxxxxLender’s written request, Borrower shall, at Bxxxxxxx’s sole cost and expense, shall execute and deliver additional financing statements, security agreements and other instruments which may be necessary to effectively evidence or perfect LxxxxxLender’s security interest in the Property Collateral as a result of such change of principal place of business or place of organization approved in accordance with the foregoing sentenceorganization. BxxxxxxxBorrower’s principal place of business and chief executive office, and the place where Bxxxxxxx Borrower keeps its books and records, including recorded data of any kind or nature, regardless of the medium or recording, including software, writings, plans, specifications and schematics, has been for the preceding four months (or, if less, the entire period of the existence of Borrower) and will continue to be the address of Borrower set forth at the introductory paragraph of this Agreement (unless Borrower notifies Lender in writing at least thirty (30) days prior to the date of such change). Borrower’s organizational identification number, if any, assigned by the state of incorporation or organization is correctly set forth in the introductory paragraph of this Agreement. Borrower shall not promptly notify Lender of any change in its organizational identification number. If Borrower does not now have an organizational identification number and later obtains one, Borrower promptly shall notify Lender of such organizational identification number. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate each Individual Property, and representing and warranting that Borrower does business under no other trade name with respect to each such Individual Property.

Principal Place of Business; State of Organization. Borrower will shall not cause or permit any change to be made in its name, identity (including its trade name or names), place of organization or formation (as set forth in Section 4.1.36 hereof) ), except as may be permitted in connection with a Permitted Transfer, or Borrower’s limited liability company corporate or partnership or other structure (except as permitted pursuant to Section 5.2.10 hereof); provided that with respect to a change of name only, Borrower shall be permitted to make such change if unless Borrower shall have first notified Lender in writing of such change at least thirty (30) days prior to the effective date of such change, and shall have first taken all action reasonably required by Lender for the purpose of perfecting or protecting the lien and security interests of Lender pursuant to this Agreement, and the other Loan Documents. Borrower shall not Documents and, in the case of a change its organizational structure (except as a result of any Transfer that is expressly permitted by Section 5.2.10 hereof) or place of organization or formation in Borrower’s structure, without first obtaining the prior written consent of LenderLxxxxx, which consent may be given or denied in Lxxxxx’s sole reasonable discretion. Upon Lxxxxx’s written request, Borrower shall, at BxxxxxxxBorrower’s sole cost and expense, execute and deliver additional security agreements and other customary instruments which may be necessary to effectively evidence or perfect LxxxxxLender’s security interest in the Property (or any portion thereof) as a result of such change of principal place of business or place of organization approved in accordance with the foregoing sentenceorganization. Bxxxxxxx’s principal place of business and chief executive office, and the place where Bxxxxxxx keeps its books and records, including recorded data of any kind or nature, regardless of the medium or recording, including software, writings, plans, specifications and schematics, has been for the preceding four months (or, if less, the entire period of the existence of Borrower) and will continue to be the address of Borrower set forth at the introductory paragraph of this AgreementAgreement (unless Borrower notifies Lender in writing at least thirty (30) days prior to the date of such change). Borrower shall not promptly notify Lender of any change in its organizational identification number. If Borrower does not now have an organizational identification number and later obtains one, Borrower promptly shall notify Lender of such organizational identification number.

Principal Place of Business; State of Organization. Borrower will shall not cause or permit any change to be made in its name, identity (including its trade name or names), place of organization or formation (as set forth in Section 4.1.36 hereof) or Borrower’s limited liability company or partnership or other structure (or, except as permitted pursuant to Section 5.2.10 5.2 hereof); provided that with respect to a change of name only, Borrower shall be permitted to make such change if Borrower’s corporate or partnership or other structure unless Borrower shall have first notified Lender in writing of such change at least thirty (30) days prior to the effective date of such change, and shall have first taken all action reasonably required by Lender for the purpose of perfecting or protecting the lien and security interests of Lender pursuant to this Agreement, Agreement and the other Loan Documents. Borrower shall not Documents and, in the case of a change its organizational structure (in Borrower’s structure, except as a result of any Transfer that is expressly permitted by pursuant to Section 5.2.10 5.2 hereof) or place of organization or formation , without first obtaining the prior written consent of Lender, which consent may be given or denied in Lxxxxx’s sole discretion. Upon LxxxxxLender’s written request, Borrower shall, at BxxxxxxxBorrower’s sole cost and expense, execute and deliver additional financing statements, security agreements and other instruments which may be necessary to effectively evidence or perfect LxxxxxLender’s security interest in the Property Properties as a result of such change of principal place of business or place of organization approved in accordance with the foregoing sentenceorganization. BxxxxxxxBorrower’s principal place of business and chief executive office, and the place where Bxxxxxxx keeps its books and records, including recorded data of any kind or nature, regardless of the medium or recording, including software, writings, plans, specifications and schematics, office has been for the preceding four months (or, if less, the entire period of the existence of Borrower) and will continue to be the address of Borrower set forth at the introductory paragraph of this AgreementAgreement (unless Borrower notifies Lender in writing at least thirty (30) days prior to the date of such change). Borrower shall not promptly notify Lender of any change its in their organizational identification number. If Borrower does not now have an organizational identification number and later obtains oneUpon receipt of a written request from Lender, Borrower promptly shall notify execute a certificate in form satisfactory to Lender of listing the trade names under which Borrower intends to operate each Individual Property, and representing and warranting that Borrower do business under no other trade name with respect to such organizational identification numberProperties.

Principal Place of Business; State of Organization. Neither Borrower will not nor Operating Lessee shall cause or permit any change to be made in its name, name or identity (including its trade name or names), place of organization ) unless Borrower or formation (as set forth in Section 4.1.36 hereof) or Borrower’s limited liability company or partnership or other structure (except as permitted pursuant to Section 5.2.10 hereof); provided that with respect to a change of name only, Borrower shall be permitted to make such change if Borrower Operating Lessee shall have first notified Lender in writing of such change at least thirty (30) days prior to the effective date of such change, and shall have first taken all action reasonably required by Lender for the purpose of perfecting or protecting the lien and security interests of Lender pursuant to this Agreement, Agreement and the other Loan Documents. Neither Borrower nor Operating Lessee shall not change its organizational structure (except as a result of any Transfer that is expressly permitted by Section 5.2.10 hereof) or place of organization or formation (as set forth in Section 4.1.36 hereof) except as permitted pursuant to Section 5.2 hereof, without first obtaining the prior written consent of Lender, which consent may be given or denied in Lxxxxx’s sole discretionLender and delivery of a Rating Agency Confirmation. Upon LxxxxxLender’s written request, Borrower or Operating Lessee shall, at BxxxxxxxBorrower’s sole cost and expense, execute and deliver additional financing statements, security agreements and other instruments which may be necessary to effectively evidence or perfect LxxxxxLender’s security interest in the Property as a result of such change of principal place of business or place of organization (in the case of a change of place of organization, if approved in accordance with the foregoing sentence). BxxxxxxxBorrower’s and Operating Lessee’s principal place of business and chief executive office, and the place where Bxxxxxxx keeps its books and records, including recorded data of any kind or nature, regardless of the medium or recording, including software, writings, plans, specifications and schematics, office has been for the preceding four months (or, if less, the entire period of the existence of BorrowerBorrower or Operating Lessee) and will continue to be the address of Borrower and Operating Lessee set forth at the introductory paragraph of this Agreement. Agreement unless Borrower notifies Lender in writing at least thirty (30) days prior to the date of the change and Borrower authorizes Lender to file UCC-3 financing statements as necessary or desirable to maintain the priority of liens granted hereunder (provided that Lender acknowledges that, in connection with the Restructuring, the principal place of business of Borrower and Operating Lessee will be changed to 0000 Xxxxxx Xxxx., Xxxxx 0000, XxXxxx, Virginia, and within a reasonable time thereafter, again to 0000 Xxxxxx Xxxx., Xxxxx 0000, XxXxxx, Virginia, and notwithstanding the foregoing, Borrower shall not only be required to provide written notice thereof promptly upon each such change, provided that, in connection therewith, Borrower and Operating Lessee shall, at Borrower’s sole cost and expense, execute and deliver additional financing statements, security agreements and other instruments which may be necessary to effectively evidence or perfect Lender’s security interest in the Property as a result of such change of principal place of business or place of organization). Neither Borrower nor Operating Lessee shall change its organizational identification numbernumber without the prior written consent of Lender. If Borrower does not now have an organizational identification number and later obtains oneUpon receipt of a written request from Lender, Borrower promptly shall notify execute a certificate in form satisfactory to Lender listing the trade names under which either Borrower or Operating Lessee intends to operate the Property, and representing and warranting that each of such organizational identification numberBorrower and Operating Lessee does business under no other trade name with respect to the Property.

Principal Place of Business; State of Organization. Except as otherwise set forth in Section 5.2.10, Borrower will not cause or permit any change to be made in its name, identity (including its trade name or names), place of organization or formation (as set forth in Section 4.1.36 hereof) or Borrower’s limited liability company or limited partnership or other structure (except structure, as permitted pursuant to Section 5.2.10 hereof); provided that with respect to a change of name onlyapplicable, Borrower shall be permitted to make such change if unless Borrower shall have first notified Lender in writing of such change at least thirty (30) days prior to the effective date of such change, and shall have first taken all action reasonably required by Lender for the purpose of perfecting or protecting the lien and security interests of Lender pursuant to this Agreement, the Cash Management Agreement and the other Loan Documents. Borrower shall not Documents and, in the case of a change its organizational structure (except as a result of any Transfer that is expressly permitted by Section 5.2.10 hereof) or place of organization or formation in Borrower’s structure, without first obtaining the prior written consent of Lender, which consent may be given or denied in Lxxxxx’s sole discretion. Upon LxxxxxLender’s written request, Borrower shall, at Bxxxxxxx’s sole cost and expense, shall execute and deliver additional financing statements, security agreements and other instruments which may be necessary to effectively evidence or perfect LxxxxxLender’s security interest in the Property as a result of such change of principal place of business or place of organization approved in accordance with the foregoing sentenceorganization. BxxxxxxxBorrower’s principal place of business and chief executive office, and the place where Bxxxxxxx keeps its books and records, including recorded data of any kind or nature, regardless of the medium or recording, including software, writings, plans, specifications and schematics, office has been for the preceding four months (or, if less, the entire period of the existence of Borrower) and will continue to be the address of Borrower set forth at the introductory paragraph of this AgreementAgreement (unless Borrower notifies Lender in writing at least thirty (30) days prior to the date of such change). Borrower’s organizational identification number, if any, assigned by the state of formation is 4206283. Borrower shall not promptly notify Lender of any change in its organizational identification number. If Borrower does not now have an organizational identification number and later obtains one, Borrower promptly shall notify Lender of such organizational identification number. At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower intends to operate the Property, and representing and warranting that Borrower does business under no other trade name with respect to the Property.

Principal Place of Business; State of Organization. Borrower will shall not cause or permit any change to be made in its name, identity (including its trade name or names), place of organization or formation (as set forth in Section 4.1.36 hereof) or Borrower’s limited liability company or partnership or other structure (or, except as permitted pursuant to Section 5.2.10 5.2 hereof); provided that with respect to a change of name only, Borrower shall be permitted to make such change if Borrower’s corporate or partnership or other structure unless Borrower shall have first notified Lender in writing of such change at least thirty (30) days prior to the effective date of such change, and shall have first taken all action reasonably required by Lender for the purpose of perfecting or protecting the lien and security interests of Lender pursuant to this Agreement, and the other Loan Documents. Borrower shall not Documents and, in the case of a change its organizational structure (in Borrower’s structure, except as a result of any Transfer that is expressly permitted by pursuant to Section 5.2.10 5.2 hereof) or place of organization or formation , without first obtaining the prior written consent of Lender, which consent may be given or denied in Lxxxxx’s sole discretion. Upon LxxxxxLender’s written request, Borrower shall, at BxxxxxxxBorrower’s sole cost and expense, execute and deliver additional security agreements and other instruments which may be necessary to effectively evidence or perfect LxxxxxLender’s security interest in the Property as a result of such change of principal place of business or place of organization approved in accordance with the foregoing sentenceorganization. BxxxxxxxBorrower’s principal place of business and chief executive office, and the place where Bxxxxxxx Borrower keeps its books and records, including recorded data of any kind or nature, regardless of the medium or recording, including software, writings, plans, specifications and schematics, has been for the preceding four months (or, if less, the entire period of the existence of Borrower) and will continue to be the address of Borrower set forth at the introductory paragraph of this AgreementAgreement (unless Borrower notifies Lender in writing at least thirty (30) days prior to the date of such change). Borrower shall not promptly notify Lender of any change in its organizational identification number. If Borrower does not now have an organizational identification number and later obtains oneUpon receipt of a written request from Lender, Borrower promptly and Operating Lessee shall notify execute a certificate in form satisfactory to Lender of such organizational identification numberlisting the trade names under which Borrower and Operating Lessee intend to operate the Property, representing and warranting that Borrower and Operating Lessee do business under no other trade name with respect to the Property.

Principal Place of Business; State of Organization. No Individual Borrower will not or Individual Operating Lessee shall cause or permit any change to be made in its name, name or identity (including its trade name or names), place of organization ) unless such Individual Borrower or formation (as set forth in Section 4.1.36 hereof) or Borrower’s limited liability company or partnership or other structure (except as permitted pursuant to Section 5.2.10 hereof); provided that with respect to a change of name only, Borrower shall be permitted to make such change if Borrower Individual Operating Lessee shall have first notified Lender in writing of such change at least thirty (30) days prior to the effective date of such change, and shall have first taken all action reasonably required by Lender for the purpose of perfecting or protecting the lien and security interests of Lender pursuant to this Agreement, Agreement and the other Loan Documents. No Individual Borrower or Individual Operating Lessee shall not change its organizational structure (except as a result of any Transfer that is expressly permitted by Section 5.2.10 hereof) or place of organization or formation (as set forth in Section 4.1.36 hereof), except as permitted pursuant to Section 5.2 hereof, without first obtaining the prior written consent of Lender, which consent may be given or denied in Lxxxxx’s sole discretionLender and delivery of a Rating Agency Confirmation. Upon LxxxxxLender’s written request, the applicable Individual Borrower or Individual Operating Lessee shall, at BxxxxxxxBorrower’s sole cost and expense, execute and deliver additional financing statements, security agreements and other instruments which may be necessary to effectively evidence or perfect LxxxxxLender’s security interest in the applicable Individual Property as a result of such change of principal place of business or place of organization (in the case of a change of place of organization, if approved in accordance with the foregoing sentence). BxxxxxxxEach Individual Borrower’s and each Individual Operating Lessee’s principal place of business and chief executive office, and the place where Bxxxxxxx keeps its books and records, including recorded data of any kind or nature, regardless of the medium or recording, including software, writings, plans, specifications and schematics, office has been for the preceding four months (or, if less, the entire period of the existence of Borrowersuch Individual Borrower or Individual Operating Lessee) and will continue to be the address of each Individual Borrower and each Individual Operating Lessee set forth at the introductory paragraph of this Agreement. Agreement unless Borrower notifies Lender in writing at least thirty (30) days prior to the date of change and Borrower authorizes Lender to file UCC-3 financing statements as necessary or desirable to maintain the priority of the liens granted hereunder (provided that Lender acknowledges that, in connection with the Restructuring, the principal place of business of each Individual Borrower and each Individual Operating Lessee will be changed to 0000 Xxxxxx Xxxx., Xxxxx 0000, XxXxxx, Xxxxxxxx, and within a reasonable time thereafter, again to 0000 Xxxxxx Xxxx., Xxxxx 0000, XxXxxx, Virginia, and notwithstanding the foregoing, Borrower shall not only be required to provide written notice thereof promptly upon each such change, provided that, in connection therewith, each Individual Borrower and Individual Operating Lessee shall, at Borrower’s sole cost and expense, execute and deliver additional financing statements, security agreements and other instruments which may be necessary to effectively evidence or perfect Lender’s security interest in the applicable Individual Property as a result of such change of principal place of business or place of organization). No Individual Borrower or Individual Operating Lessee shall change its organizational identification numbernumber without the prior written consent of Lender. If Borrower does not now have an organizational identification number and later obtains oneUpon receipt of a written request from Lender, Borrower promptly shall notify execute a certificate in form satisfactory to Lender of listing the trade names under which each Individual Borrower and each Individual Operating Lessee intends to operate the related Individual Property, and representing and warranting that each Individual Borrower and each Individual Operating Lessee does business under no other trade name with respect to such organizational identification numberapplicable Individual Property.