(k) Fl 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.
Any Investment Find would be carried out of the a 3rd party Manager for the a publishing delivered to Management Agent, Expenses Representative each Financial
(l) Completion regarding 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 two (2) Working days in advance of instance Borrowing from the bank Go out, Administrative Representative, Paying Representative each Bank will have received a completely executed and lead Capital See together with a borrowing from the bank Legs Certificate, evidencing adequate Supply with regards to the questioned Financing, and a borrowing from the bank Foot Statement;
(ii) pre and post making any Finance asked towards like Borrowing Big date, the full Use of Requirements will maybe not go beyond brand new Borrowing from the bank Legs;
(iii) by for example Credit Time, the latest representations and guarantees consisted of here plus in additional Borrowing Data files are true and you can best in all procedure areas into and as of that Borrowing Time with the exact same extent once the even when generated towards so that as of that day (unless these representation otherwise warranty means a specific time, whereby, it are real and you will correct in all procedure areas once the of such day);
(iv) as of such as Borrowing Date, zero event should provides took place and be continuing otherwise manage impact throughout the consummation of the appropriate Mortgage who does constitute an Experiences regarding Standard otherwise a default;
(vii) with regards to the associated Confirmation Feel to possess particularly Borrowing Time, Agenda II of such Confirmation Certification notes just about the better out-of (i) seven (8) of such Book Records analyzed from the Confirmation Agent or (ii) 5% of these Book documents reviewed because of the Verification Agent;
(viii) toward the total amount the guarantee of every Book carry out trigger the aggregate Amortized Rent Worth of every Accommodations the Obligors off which have battery charging tackles in every one to state to surpass 22.5% of your Amortized Rent Value of every Sworn Apartments, an appropriate opinion when it comes to conformity having law such state, fairly appropriate into the Administrative Agent; and
The responsibility of any Bank to make people Financing with the people Borrowing from the bank Time https://paydayloanpennsylvania.org/cities/warminster/ is susceptible to the brand new satisfaction, or waiver relative to
The fresh new Management Agent are going to be entitled, although not obligated to, request and receive, ahead of the and work out of any Financing, considerably more details fairly high enough to your Management Representative otherwise one Financial guaranteeing new satisfaction of any of the foregoing if, from the realistic discretion of Management Agent otherwise for example Lender including consult is justified underneath the facts.
So you’re able to create lenders to go into towards so it Agreement in order to generate each Mortgage getting generated and so, Team signifies and you can deserves to every Lender that each of their representations and warranties part of the Arrangement is actually genuine and right by new Closing Day each Borrowing from the bank Date:
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 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 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.