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

Principal Place of Business; State of Organization. Borrower 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 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 Lxxxxx for the purpose of perfecting or protecting the lien and security interests of Lender pursuant to this Agreement, and the other Loan Documents and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender, which consent may be given or denied in Lxxxxx’s reasonable discretion. Upon Lxxxxx’s request, Borrower shall, at Borrower’s sole cost and expense, execute and deliver additional security agreements and other customary instruments which may be necessary to effectively evidence or perfect Lender’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. 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 (unless Borrower notifies Lender in writing at least thirty (30) days prior to the date of such change). Borrower shall 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.

Appears in 2 contracts

Samples: Loan Agreement (Necessity Retail REIT, Inc.), Loan Agreement (Healthcare Trust, Inc.)

Principal Place of Business; State of Organization. Borrower shall 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), except as may be permitted in connection with a Permitted Transfer, or Borrower’s corporate corporate, or partnership or other structure unless Borrower shall have first notified Lender in writing of such change at least thirty ten (3010) days Business Days prior to the effective date of such change, and shall have first taken all action reasonably required by Lxxxxx 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 and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender, which consent may be given or denied in Lxxxxx’s reasonable discretion. Upon LxxxxxLender’s request, Borrower shall, at Borrower’s sole cost and expense, shall execute and deliver additional financing statements, security agreements and other customary instruments which may be necessary to effectively evidence or perfect Lender’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. 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 ten (3010) days Business Days prior to the date of such change). Borrower’s organizational identification number assigned by the State of Delaware is 3858721. Borrower shall 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.

Appears in 2 contracts

Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (American Financial Realty Trust)

Principal Place of Business; State of Organization. Borrower shall 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, except as may be for Transfers permitted in connection with a Permitted Transferunder the Loan Documents, or 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 Lxxxxx Lender for the purpose of perfecting or protecting the lien and security interests of Lender pursuant to this Agreement, and the other Loan Documents and, in the case of a change in Borrower’s structure, which is not permitted under the Loan Documents, without first obtaining the prior written consent of Lender, which consent may be given or denied in LxxxxxLender’s reasonable sole discretion. Upon LxxxxxLender’s request, Borrower shall, at Borrower’s sole cost and expense, execute and deliver additional financing statements, security agreements and other customary instruments which may be necessary to effectively evidence or perfect Lender’s security interest in the Property (or any portion thereof) Properties as a result of such change of principal place of business or place of organization. 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 shall 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.

Appears in 2 contracts

Samples: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)

Principal Place of Business; State of Organization. Borrower shall will not cause or permit any change to be made in its or Mortgage Borrower’s, Senior Mezzanine Borrower’s or Maryland Owner’s name, identity (including its trade name or names), place of organization or formation (as set forth in Section 4.1.36 4.1.35 hereof), except as may be permitted in connection with a Permitted Transfer, ) or Borrower’s corporate or Mortgage Borrower’s, Senior Mezzanine Borrower’s or Maryland Owner’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 Lxxxxx 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 and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender, which consent may be given or denied in Lxxxxx’s reasonable discretion. Upon LxxxxxLender’s request, Borrower shall, at Borrower’s its sole cost and expense, -55- execute and deliver additional financing statements, security agreements and other customary instruments which may be necessary to effectively evidence or perfect Lender’s security interest in the Property (or any portion thereof) Collateral as a result of such change of principal place of business or place of organization. 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 shall promptly notify Lender of any change in its organizational identification number. If Borrower does not now have an Borrower’s organizational identification number and later obtains one, Borrower promptly shall notify Lender assigned by the state of such organizational identification numberincorporation or organization is 4755720.

Appears in 1 contract

Samples: Junior Mezzanine Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Principal Place of Business; State of Organization. Borrower shall 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), except as may be permitted in connection with a Permitted Transfer, ) or Borrower’s corporate or corporate, 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 Lxxxxx 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 and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of Lender, which consent may be given or denied in Lxxxxx’s reasonable discretion. Upon LxxxxxLender’s request, Borrower shall, at Borrower’s sole cost and expense, shall execute and deliver additional financing statements, security agreements and other customary instruments which may be necessary to effectively evidence or perfect Lender’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. 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, assigned by the state of incorporation or organization is 4239703. Borrower shall 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.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Principal Place of Business; State of Organization. Borrower 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 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 Lxxxxx Lender for the purpose of perfecting or protecting the lien and security interests of Lender pursuant to this Agreement, and the other Loan Documents and, in the case of a change in Borrower’s structure, without first obtaining the prior written consent of LenderXxxxxx, which consent may be given or denied in LxxxxxXxxxxx’s reasonable discretion. Upon LxxxxxXxxxxx’s request, Borrower shall, at Borrower’s sole cost and expense, execute and deliver additional security agreements and other customary instruments which may be necessary to effectively evidence or perfect Lender’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. BxxxxxxxXxxxxxxx’s principal place of business and chief executive office, and the place where Bxxxxxxx Xxxxxxxx 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 shall 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.

Appears in 1 contract

Samples: Loan Agreement (Healthcare Trust, Inc.)