No Standard, Knowledge from Standard otherwise Servicer Default shall have took place and become carried on
(k) Fl Documentary Stamp Taxation. Seller or Company shall payday loans in Ohio city 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 Find will likely be carried out from the an authorized Administrator from inside the an authorship brought to Management Representative, Spending Broker and each Financial
(l) End regarding 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) no less than a couple of (2) Working days ahead of instance Borrowing Big date, Management Broker, Expenses Broker each Financial should have obtained a completely executed and you can introduced Financing Find and a borrowing from the bank Feet Certificate, evidencing sufficient Availability with respect to the asked Fund, and a borrowing Foot Declaration;
(ii) before and after and work out people Fund questioned to your instance Borrowing Day, the full Utilization of Commitments shall maybe not surpass the newest Credit Foot;
(iii) at the time of particularly Credit Day, the latest representations and you may warranties contained here plus another Credit Records can be true and you can proper throughout situation areas into and also as of the Borrowing from the bank Time on exact same extent since although generated towards the and also as of that time (unless of course any such logo or assurance relates to a particular go out, in which case, they is real and correct throughout matter areas due to the fact of these big date);
(iv) at the time of eg Credit Go out, zero event will have occurred and stay carried on otherwise manage results throughout the consummation of your appropriate Financing who would compensate a keen Experiences away from Standard or a default;
(vii) according to the associated Confirmation Knowledge to possess including Borrowing Date, Agenda II of such Verification Certificate notes no more than the brand new greater out-of (i) 7 (8) of these Rent Data files assessed from the Confirmation Agent otherwise (ii) 5% of such Book data files analyzed from the Confirmation Representative;
(viii) on the the amount that the pledge of any Rent would bring about the fresh new aggregate Amortized Book Worth of most of the Leases the brand new Obligors regarding having charging contact in just about any one to county so you’re able to meet or exceed twenty two.5% of your own Amortized Rent Worth of every Pledged Renting, an appropriate advice regarding conformity which have legislation in such state, reasonably acceptable towards Administrative Agent; and you can
The obligation of every Lender and work out any Financing into any Borrowing from the bank Day are susceptible to the fresh pleasure, or waiver in line with
This new Administrative Agent will be named, not forced to, request and discover, ahead of the and come up with of every Loan, facts fairly sufficient into Administrative Broker otherwise people Bank guaranteeing new satisfaction of any of the foregoing in the event that, about realistic discretion of one’s Administrative Broker otherwise such Bank for example request was justified according to the points.
To create lenders to get in to your that it Contract and generate for every Loan to-be generated thereby, Business means and warrants to each Financial that each of their representations and you may guarantees within the Arrangement is actually real and you will right since the latest Closing Date 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 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.