(k) Fl Documentary Stamp 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 Financing Find might be performed by the a 3rd party Administrator in the a publishing brought to Management Agent, Investing Agent and every Lender
(l) Conclusion from Process. 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 least a couple of (2) Working days before eg Borrowing Time, Management Representative, Investing Representative and every Financial will have received a fully conducted and produced Financing See and additionally a borrowing Base Certification, evidencing sufficient Access according to the requested Fund, and you will a borrowing Foot Declaration;
(ii) both before and after to make people Money questioned towards including Borrowing from the bank Big date, the Use of Responsibilities should maybe not exceed brand new Credit Legs;
(iii) since eg Credit Day, the fresh new representations and you can guarantees consisted of here and in the other Borrowing Records are going to be genuine and you can correct throughout issue areas towards and as of these Credit Big date on the same the amount just like the regardless if produced with the and also as of this date (except if these sign otherwise warranty makes reference to a certain time, in which case, they can be correct and you may best throughout thing respects since of these day);
(iv) since such Borrowing Day, no skills will provides happened and stay carried on or create impact on the consummation of one’s appropriate Financing that would comprise a keen Knowledge of Default or a default;
(vii) according to the related Verification Feel to have such as Borrowing Date, Agenda II of these Confirmation Certificate notes just about the latest deeper of (i) eight (8) of these Rent Documents analyzed of the Verification Representative or (ii) 5% of these Rent files examined by Confirmation Broker;
(viii) on extent the promise of every Lease create lead to the fresh new aggregate Amortized Rent Worth of most of the Renting the fresh Obligors out of that have asking address contact information in just about any that state so you’re able to go beyond twenty two.5% of your own Amortized Book Worth of the Bound Accommodations, an appropriate thoughts regarding conformity having laws in such county, fairly acceptable on the Management Agent; and you can
The duty of any Bank making any Loan on any Borrowing from the bank Date are at the mercy of the fresh new fulfillment, otherwise waiver in accordance with
The new Management Agent are going to be titled, however forced to, consult and you may found, ahead of the and then make of any Mortgage, much more information relatively satisfactory to your Management Broker otherwise any Financial verifying the new satisfaction of every of the foregoing in the event that, throughout the practical discretion of one’s Administrative Agent or instance Lender such as consult are justified within the facts.
To result in the lenders to get in towards it Agreement and to make for every single Mortgage is made and therefore, Business represents and warrants to each Financial that each and every of the representations and you can warranties contained in the Agreement try true and you can best as of new Closing Day and every Credit 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 Schedule dos, (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 http://fasterloansllc.com/title-loans-ut/ 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.