Examples of Ashford Keys Junior Operating Lessee in a sentence
To Borrower’s knowledge, Borrower, Mortgage Borrower, Senior Mezzanine Borrower, Operating Lessee, Ashford Keys Senior Operating Lessee and Ashford Keys Junior Operating Lessee have not infringed, are not infringing, and have not received written notice of infringement with respect to asserted trademarks, trade names and service marks of others.
Borrower represents and warrants that the chart attached hereto as Exhibit A sets forth an accurate listing of the direct and indirect owners of the equity interests in Mortgage Borrower, Borrower, Senior Mezzanine Borrower, Ashford Keys Senior Operating Lessee, Ashford Keys Junior Operating Lessee, each SPE Component Entity (if any), each Senior Mezzanine Borrower SPE Component Entity (if any) and each Guarantor (when not an individual).
At the request of Lender, Borrower shall execute a certificate in form satisfactory to Lender listing the trade names under which Borrower and Ashford Keys Junior Operating Lessee intend to maintain the Collateral, and representing and warranting that Borrower and Ashford Keys Junior Operating Lessee do business under no other trade name with respect to the Collateral.
To Borrower’s knowledge, all trademarks, trade names and service marks necessary to the business of Borrower, Mortgage Borrower, Senior Mezzanine Borrower, Operating Lessee, Ashford Keys Senior Operating Lessee or Ashford Keys Junior Operating Lessee as presently conducted or as Borrower, Mortgage Borrower or Senior Mezzanine Borrower contemplates conducting its business are in good standing and uncontested.
To Borrower’s knowledge, there is no infringement by others of trademarks, trade names and service marks of Borrower, Mortgage Borrower, Senior Mezzanine Borrower, Operating Lessee, Ashford Keys Senior Operating Lessee or Ashford Keys Junior Operating Lessee.
Neither Borrower nor Ashford Keys Junior Operating Lessee shall create, incur, assume or suffer to exist any Lien on any portion of the Collateral or permit any such action to be taken, except Permitted Encumbrances.
If Borrower or Ashford Keys Junior Operating Lessee do not now have an organizational identification number and later obtain one, or if the organizational identification number assigned to Borrower or Ashford Keys Junior Operating Lessee subsequently changes, Borrower shall promptly notify Lender of such organizational identification number or change.
Without limiting the foregoing, Borrower and Ashford Keys Junior Operating Lessee each have sufficient control over Senior Mezzanine Borrower or Ashford Keys Senior Operating Lessee, as applicable, to cause Senior Mezzanine Borrower or Ashford Keys Senior Operating Lessee, as applicable, to (i) take any action on Senior Mezzanine Borrower’s or Ashford Keys Senior Operating Lessee’s, as applicable, part required by the Loan Documents and (ii) refrain from taking any action prohibited by the Loan Documents.
Borrower and Ashford Keys Junior Operating Lessee have the power and authority and the requisite Ownership Interests to control the actions of Senior Mezzanine Borrower and the Ashford Keys Senior Operating Lessee, respectively, and upon the realization of the Collateral under the Pledge Agreements, Lender or any other party succeeding to Borrower’s or Ashford Keys Junior Operating Lessee’s interest in the Collateral described in the Pledge Agreements will have such control.
For so long as the Lien of the Pledge Agreement is outstanding, Borrower and Ashford Keys Junior Operating Lessee shall forever warrant, defend and preserve such title and the validity and priority of the Lien of the Pledge Agreement and shall forever warrant and defend such title, validity and priority to Lender against the claims of all persons whomsoever.