(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.
One Capital See can be performed of the a third party Manager inside the a publishing taken to Management Agent, Purchasing Agent and every Lender
(l) End 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) about a couple of (2) Working days prior to for example Borrowing Big date, Management Broker, Investing Broker each Lender will have obtained a completely conducted and you may delivered Capital Observe along with a borrowing from the bank Feet Certification, evidencing sufficient Access according to the questioned Fund, and you can a credit Base Declaration;
(ii) pre and post while making people Fund questioned on the such Credit Time, the Usage of Obligations will perhaps not meet or exceed the fresh new Credit Feet;
(iii) by eg Borrowing from the bank Time, this new representations and warranties contains here and in one other Credit Files are going to be real and best in most point areas on the and as of this Borrowing Go out towards the same the quantity because in the event generated towards the so when of that big date (except if these expression otherwise promise relates to a specific day, in which case, they is going to be correct and you can best in every material areas as of these big date);
(iv) by like Credit Date, zero knowledge should has happened and become persisted otherwise do effects throughout the consummation of applicable Mortgage who would compensate a keen Event of Default or a default;
(vii) with regards to the relevant Confirmation Experience for for example Borrowing from the bank Date, Plan II of such Verification Certification cards no more than the deeper from (i) eight (8) of such Lease Data files examined of the Confirmation Representative or (ii) 5% of these Book data files examined of https://paydayloansgeorgia.net/cities/gainesville/ the Verification Broker;
(viii) with the the amount the hope of any Rent perform end up in the new aggregate Amortized Book Property value all Renting the fresh Obligors off that have billing tackles in just about any one county to help you meet or exceed 22.5% of one’s Amortized Lease Value of all Bound Renting, a legal opinion with respect to conformity with legislation such condition, relatively appropriate for the Administrative Broker; and you may
The responsibility of every Bank and work out one Financing to the any Borrowing Time are subject to the new satisfaction, otherwise waiver according to
The Management Agent are going to be entitled, however obligated to, demand and you may discover, prior to the and make of every Loan, much more information fairly satisfactory to your Administrative Agent or any Lender confirming the fresh new pleasure of every of one’s foregoing if the, regarding the practical discernment of the Administrative Broker otherwise like Bank eg demand try rationalized according to the affairs.
To lead to the lenders to go into to the it Arrangement and create for every single Mortgage becoming made thereby, Company signifies and you may deserves to every Bank that each and every of their representations and you will warranties contained in the Agreement is genuine and you will proper since the latest Closing Time each Credit 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 Plan 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.