Zero Default, Knowledge off Standard otherwise Servicer Standard should has actually took place and get carried on
(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.
One Funding Observe would be carried out because of the a third party Manager inside a publishing brought to Administrative Broker, Purchasing Agent and each Financial
(l) Achievement off 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 least a few (2) Business days prior to including Credit Day, Management Broker, Purchasing Representative each Financial should have obtained a totally conducted and you can brought Financial support Notice along with a borrowing Foot Certification, evidencing adequate Supply according to the requested Money, and a borrowing from the bank Foot Report;
(ii) both before and after and come up with one Money requested into such as Borrowing Time, the total Use of Obligations will maybe not exceed the brand new Borrowing Foot;
(iii) at the time of instance Borrowing Time, the fresh representations and you will guarantees contained here along with another Borrowing Files are going to be true and best throughout procedure respects with the so that as of these Borrowing from the bank Time with the same the total amount as the no matter if produced towards so that as of that day (unless of course these signal or warranty refers to a specific big date, whereby, they shall be real and best in every procedure respects while the of these date);
(iv) as of such as for instance Borrowing Date, zero event should keeps taken place and start to become proceeded otherwise would impact in the consummation of appropriate Mortgage who does make-up an Enjoy of Standard or a default;
(vii) according to the relevant Verification Event for including Credit Big date, Agenda II of such Confirmation Certificate notes just about the new deeper out of (i) 7 (8) of such Lease Data reviewed by Confirmation Agent otherwise (ii) 5% of these Lease data assessed because of the Verification Broker;
(viii) towards the amount the guarantee of every Book create trigger the new aggregate Amortized Rent Property value all of the Leases new Obligors of which have charging address in virtually any one county so you’re able to exceed twenty two.5% of the Amortized Book Worth of the Sworn Leases, a legal thoughts when it comes to compliance that have rules this kind of state, relatively appropriate toward Administrative Agent; and you will
The obligation of each Lender making any Financing on the any Credit Time is susceptible to the new fulfillment, or waiver in accordance with
The fresh Management Agent might be named, not forced to, demand and you will located, ahead of the and come up with of any Loan, info fairly satisfactory into Administrative Agent or one Financial confirming the latest pleasure of every of your own foregoing in the event the, on reasonable discernment of one’s Administrative Representative otherwise such as for example Bank particularly consult try justified in facts.
To result in lenders to get in toward so it Contract and also to build each Financing as generated and thus, Team is short for and you will warrants to each Financial that each of its representations and you may guarantees contained in the Agreement are genuine and you can correct at the time of the newest Closure Go out each Borrowing 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 Agenda 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.