Common use of Special Purpose Clause in Contracts

Special Purpose. Without in any way limiting the provisions of this Article 4, Borrower hereby represents and warrants to, and covenants with, Lender that since the date of Borrower’s and each SPC Party’s formation and at all times on and after the date hereof and until such time as the Obligations shall be paid and performed in full, Borrower and each SPC Party has at all times been and shall at all times be a Special Purpose Bankruptcy Remote Entity. Neither Borrower nor any SPC Party shall directly or indirectly make any change, amendment or modification to its or such SPC Party’s organizational documents, or otherwise take any action which could result in Borrower or any SPC Party not being a Special Purpose Bankruptcy Remote Entity.

Appears in 2 contracts

Samples: Loan Agreement (W2007 Grace Acquisition I Inc), Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

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Special Purpose. Without in any way limiting the provisions of this Article 4, Borrower and Operating Lessee hereby represents represent and warrants warrant to, and covenants covenant with, Lender that since the date of Borrower’s, Operating Lessee’s and each SPC Party’s formation and at all times on and after the date hereof and until such time as the Obligations shall be paid and performed in full, Borrower Borrower, Operating Lessee and each SPC Party has at all times been and shall at all times be a Special Purpose Bankruptcy Remote Entity. Neither Borrower nor None of Borrower, Operating Lessee or any SPC Party shall directly or indirectly make any change, amendment or modification to its or such SPC Party’s organizational documents, or otherwise take any action which could result in Borrower Borrower, Operating Lessee or any SPC Party not being a Special Purpose Bankruptcy Remote Entity.

Appears in 2 contracts

Samples: Loan Agreement (Hospitality Investors Trust, Inc.), Loan Agreement (Hospitality Investors Trust, Inc.)

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