SPE Requirements. Since its formation and at all times thereafter it has complied with the following provisions, and it shall:
SPE Requirements. For so long as that certain mortgage loan made by KeyBank National Association (the “Lender”) to the Partnership (the “Loan”) shall remain outstanding, the Partnership shall:
SPE Requirements. Notwithstanding anything in this Agreement or any other Loan Document to the contrary, unless and until the Obligations are paid and performed in full in accordance with the Loan Documents and the Loan Documents are no longer in effect, the Borrower hereby covenants and agrees as follows:
SPE Requirements. (a) Each of the Borrower and Holdings has since its formation and shall at all times (i) comply with the SPE Requirements applicable to the Borrower and Holdings, respectively, and (ii) preserve and keep in full force and effect its existence as a Special Purpose Entity.
SPE Requirements. A Special Purpose Entity means a corporation, limited partnership or limited liability company which at all times prior to (since such Person’s formation), on and after the Agreement Date:
SPE Requirements. Borrower is in compliance with the special purpose entity provisions (the “SPE Requirements”) set forth on Exhibit C attached hereto.
SPE Requirements. Section 9 of the Mortgage is hereby revised as follows:
SPE Requirements. In the case of (i) each Borrower (A) maintain in its constitutive documents the provisions referred to in the definitions of Borrower SPE Requirements and (B) comply with such provisions at all times, (ii) each Pledgor, cause such Pledgor to (A) maintain in its constitutive documents the provisions referred to in the definition of Pledgor SPE Requirements and (B) comply with such provisions at all times, and (iii) each TRS Lessee, cause such TRS Lessee to (A) maintain in its constitutive documents the provisions referred to in the definition of TRS Lessee SPE Requirements and (B) comply with such provisions at all times.
SPE Requirements. (i) No Loan Party will amend or otherwise modify any provisions in the constitutive documents of any Borrower that incorporate the terms of the Borrower SPE Requirements or give any consent, waiver or approval to such amendments or modifications, waive any default under or breach of the Borrower SPE Requirements incorporated into such constitutive documents, agree in any manner to any other amendment, modification or change of any term or condition of the Borrower SPE Requirements incorporated into such constitutive documents or take any other action in connection with the Borrower SPE Requirements that would impair in any material respect the value of the interest or rights of any Loan Party thereunder or that would impair or otherwise adversely affect in any material respect the interest or rights, if any, of any Agent or any Lender.
SPE Requirements. If and to the extent prohibited by any financing agreement to which the Company or its ultimate parent, Industrial Logistics Properties Trust, are parties, the Company will not do any of the following:
