(k) Fl Documentary Stamp 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 Money Notice are carried out by an authorized Manager inside an authorship taken to Administrative Broker, Using Agent and each Financial
(l) Conclusion 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) at the very least two (2) Business days prior to eg Borrowing Date, Management Representative, Expenses Broker each Bank should have obtained a totally carried out and you will delivered Funding Notice in addition to a borrowing Ft Certification, evidencing sufficient Availability according to the questioned Fund, and you can a credit Ft Declaration;
(ii) before and after making one Finance expected on the instance Borrowing Big date, the complete Usage of Duties shall maybe not exceed the fresh Borrowing Ft;
(iii) since including Borrowing from the bank Day, the representations and warranties consisted of here as well as in another Credit Data files are going to be genuine and you may proper in most situation respects into so that as of this Borrowing Go out with the exact same extent as even though produced towards the and as of the go out (until such symbol or guarantee relates to a particular day, whereby, they can be true and you can right in most thing areas given that of these go out);
(iv) at the time of eg Borrowing from the bank Big date, no feel should have took place and get carried on or would results throughout the www.fasterloansllc.com/title-loans-or/ consummation of your relevant Loan who does make-up a keen Experience out of Default otherwise a standard;
(vii) according to the associated Verification Event getting such Borrowing Date, Agenda II of these Confirmation Certificate notes just about the new greater of (i) 7 (8) of such Rent Files examined because of the Verification Broker otherwise (ii) 5% of such Lease documents examined of the Confirmation Broker;
(viii) into the total amount that the promise of every Book perform result in new aggregate Amortized Book Property value the Apartments the brand new Obligors away from which have battery charging details in every you to condition to help you surpass twenty two.5% of your Amortized Rent Value of most of the Bound Leases, an appropriate opinion in terms of compliance that have legislation this kind of county, reasonably appropriate for the Administrative Agent; and you will
The duty each and every Lender while making one Loan towards one Credit Go out is actually subject to the newest pleasure, or waiver relative to
The latest Administrative Agent will be titled, however forced to, consult and found, prior to the and also make of every Mortgage, info relatively high enough on Management Agent otherwise people Financial guaranteeing the brand new satisfaction of every of the foregoing in the event that, on the realistic discernment of Administrative Representative otherwise eg Bank for example consult try warranted in activities.
In order to trigger the lenders to go into into that it Agreement and also to create for every single Mortgage are generated and so, Providers represents and is deserving of every single Financial that every of their representations and you can warranties included in the Agreement is actually correct and you may best at the time of the fresh new Closure Big date each Credit 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 Plan 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.