(k) Fl Documentary Stamp Taxation. 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 Funding See might be conducted of the a 3rd party Manager during the a writing delivered to Management Broker, Using Agent each Financial
(l) End out-of Legal proceeding. 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 one or two (2) Working days in advance of such Borrowing from the bank Big date, Management Agent, Using Representative and every Financial will have received a completely executed and you will lead Financing Observe as well as a borrowing from the bank Feet Certificate, evidencing adequate Access with respect to the asked Financing, and you will a credit Foot Declaration;
(ii) before and after making any Money asked to the eg Borrowing from the bank Day, the Usage of Obligations shall not surpass new Borrowing from the bank Ft;
(iii) since instance Credit Date, the representations and you may warranties contains here along with additional Borrowing from the bank Files should be correct and you can correct in all procedure respects to your so when of this Borrowing from the bank Time towards the same the quantity since no matter if made to your so when of these go out (until these representation or promise refers to a particular day, whereby, it can be correct and you may right throughout procedure respects just like the of these date);
(iv) as of like Borrowing from the bank Go out, zero experience shall provides took place and stay carried on or perform influence about consummation of one’s relevant Financing that would constitute an Knowledge out-of Standard or a default;
(vii) according to the related Confirmation Event to own like Borrowing Big date, Agenda II of these Verification Certification cards just about the new higher off (i) eight (8) of these Lease Documents examined because of the Confirmation Representative otherwise (ii) 5% of these Rent data assessed from the Verification Agent;
(viii) toward the quantity your guarantee of every Book would lead to the newest aggregate Amortized Rent Worth of all the Accommodations the latest Obligors out of that have charging you tackles in any that county in order to surpass 22.5% of your Amortized Lease Value of all Bound Leases, a legal opinion in terms of compliance which have rules in such county, reasonably appropriate on Administrative Agent; and you can
The obligation of each Financial and make people Loan toward one Credit Date try subject to the pleasure, otherwise waiver prior to
The Administrative Representative are named, although not forced payday loans in Iowa to, demand and you can receive, ahead of the and work out of every Loan, more information fairly sufficient to your Administrative Representative otherwise one Financial guaranteeing the fulfillment of every of foregoing if, from the sensible discretion of one’s Management Agent otherwise such as for instance Lender including demand is actually justified under the points.
To lead to the lenders to enter for the this Contract also to generate each Financing are produced thereby, Providers means and you may deserves every single Financial that each and every of their representations and you will warranties included in the Arrangement are correct and best as of the newest Closure Go out and each Borrowing from the bank Time:
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 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.