(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 Investment Notice shall be done from the a 3rd party Officer from inside the a crafting brought to Administrative Representative, Purchasing Representative and each Financial
(l) End of Procedures. 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 (2) Working days in advance of such as Credit Date, Management Agent, Expenses Representative and each Bank will have received a fully done and you will delivered Financial support Observe along with a credit Base Certificate, evidencing sufficient Availableness with respect to the asked Loans, and you can a credit Base Statement;
(ii) before and after to make people Fund questioned on the including Credit Big date, the full Utilization of Obligations should not go beyond the newest Borrowing Ft;
(iii) by instance Borrowing Day, the fresh new representations and warranties consisted of here plus in additional Borrowing Data files should be genuine and you can correct throughout thing areas to the so that as of the Borrowing Day towards same the quantity just like the in the event produced on so when of these date (until any such expression otherwise promise relates to a certain go out, whereby, they can be true and you will correct throughout material areas once the of these day);
(iv) as of such as Borrowing from the bank Big date, zero skills shall have taken place and become continuous otherwise would results throughout the consummation of your relevant Loan who does compose an Skills from Default otherwise a default;
(vii) according to relevant Confirmation Experience having eg Borrowing from the bank Go out, Plan II of these Verification Certification notes only about new better of (i) seven (8) of these Book Data examined from the Confirmation Agent otherwise (ii) 5% of such Rent data examined of the Verification Agent;
(viii) with the extent that the guarantee of every Lease would result in the fresh new aggregate Amortized Rent Value of every Renting the fresh Obligors away from that have charging address in any one county so you can surpass twenty-two.5% of your Amortized Book Value of all Pledged Apartments, a legal thoughts with respect to conformity that have law such state, fairly acceptable towards the Management Broker; and you read the article will
The duty each and every Lender making one Loan for the one Borrowing from the bank Time is actually susceptible to the fresh new pleasure, or waiver in accordance with
The fresh new Administrative Representative will likely be entitled, although not compelled to, consult and you can found, prior to the and come up with of every Financing, additional info reasonably high enough to the Management Agent or people Lender guaranteeing the brand new satisfaction of any of one’s foregoing when the, on sensible discernment of your Administrative Agent otherwise particularly Financial instance request was rationalized under the things.
In order to cause the lenders to enter on it Agreement and also to build for each Financing become generated thereby, Company is short for and you can is deserving of to each Lender that every of their representations and warranties within the Agreement try genuine and you will proper as of the newest 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 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.