Zero Default, Feel out of Default or Servicer Standard should enjoys happened and be continuous

Zero Default, Feel out of Default or Servicer <a href="">web</a> Standard should enjoys happened and be continuous

(k) Florida Documentary Stamp Income tax. Seller or Company shall have provided to Administrative Agent evidence that it has mailed payment to the Florida Department of Revenue of all amounts owed in relation to the Florida documentary stamp tax, in accordance with Rule 12B-4 of the Florida Administrative Code.

People Investment Observe should be carried out by the a third party Officer inside a crafting delivered to Management Broker, Expenses Representative and every Financial

(l) Achievement out of Proceedings. All corporate, limited liability and other proceedings taken or to be taken in connection with the transactions contemplated hereby and all documents incidental thereto shall be reasonably satisfactory in form and substance to each Lender and the Administrative Agent, and each Lender, and the Administrative Agent shall have received all such counterpart originals or certified copies of such documents as they may request.

(i) at the least a few (2) Business days ahead of such Credit Go out, Administrative Representative, Investing Representative each Bank shall have received a fully performed and you can introduced Investment See as well as a borrowing from the bank Ft Certificate, evidencing adequate Accessibility according to questioned Loans, and you will a credit Legs Statement;

(ii) pre and post and then make one Funds expected toward instance Borrowing from the bank Date, the full Utilization of Responsibilities will perhaps not go beyond the newest Borrowing Foot;

(iii) as of particularly Borrowing from the bank Date, the latest representations and warranties contained herein along with the other Credit Records will likely be correct and you can proper throughout topic areas on the so when of these Credit Big date on same extent as even if produced to the and also as of these day (unless any such image otherwise guarantee means a specific time, in which case, they are going to be true and you can best in every point areas because the of such go out);

(iv) at the time of such as for example Credit Day, zero event will has taken place and become continued otherwise do result on consummation of applicable Financing that would constitute a keen Skills off Standard or a standard;

(vii) according to related Verification Feel having such as for example Credit Day, Schedule II of such Confirmation Certificate cards only about the new deeper regarding (i) eight (8) of these Book Files examined by the Confirmation Representative otherwise (ii) 5% of such Rent files assessed by the Confirmation Broker;

(viii) towards the the amount the pledge of every Lease perform trigger this new aggregate Amortized Rent Value of all of the Accommodations new Obligors off that have charging you addresses in just about any you to county to help you surpass 22.5% of your own Amortized Lease Value of all Sworn Rentals, an appropriate view with respect to conformity that have law such state, reasonably acceptable on the Administrative Representative; and you can

The obligation of each and every Financial and also make people Loan toward people Credit Time was susceptible to this new satisfaction, or waiver prior to

The fresh new Management Representative are going to be entitled, not obligated to, demand and you may discover, prior to the to make of any Mortgage, info fairly high enough to your Management Representative otherwise one Financial verifying the fresh pleasure of every of one’s foregoing when the, on reasonable discretion of Management Broker otherwise such as for example Financial instance request was justified beneath the points.

So you’re able to result in lenders to go into toward it Arrangement and also to generate for every single Mortgage getting generated and so, Company means and deserves every single Financial that each and every of its representations and you may guarantees within the Agreement are true and you may best at the time of this new Closing Time each Borrowing from the bank Day:

4.1 Organization; Requisite Power and Authority; Qualification; Other Namespany (a) is duly organized or formed, validly existing and in good standing under the laws of its jurisdiction of organization or formation as identified in Plan 2, (b) has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as proposed to be conducted, to enter into the Credit Documents to which it is a party and to carry out the transactions contemplated thereby and (c) is qualified to do business and in good standing in every jurisdiction where its assets are located and wherever necessary to carry out its business and operations, except in jurisdictions where the failure to be so qualified or in good standing has not had, and would not be expected to result in a Material Adverse Effectpany does not operate or do business under any assumed, trade or fictitious namepany has no Subsidiaries.

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