(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 See are done by an authorized Administrator when you look at the a writing taken to Management Broker, Paying Broker each Lender
(l) Completion from 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 the very least a couple (2) Working days prior to like Borrowing Time, Administrative Agent, Investing Representative each Bank should have obtained a completely executed and you can brought Investment Notice also a borrowing Feet Certification, evidencing sufficient Accessibility with regards to the expected Financing, and you can a credit Ft Declaration;
(ii) before and after and work out people Fund asked into the eg Borrowing from the bank Big date, the complete Usage of Obligations should maybe payday loan store West Hazleton PA not go beyond the newest Borrowing from the bank Ft;
(iii) as of such as for example Borrowing from the bank Time, the representations and you may warranties contains here as well as in the other Borrowing from the bank Files will be real and you may best in all material areas to the so when of this Credit Date into the same extent because the regardless if generated toward so when of the day (unless these symbolization otherwise assurance refers to a particular go out, in which particular case, they will be genuine and you may proper in all topic respects since of such day);
(iv) by like Credit Time, no feel will have occurred and become continuing or create result about consummation of relevant Mortgage who does compose an enthusiastic Experience off Standard or a standard;
(vii) according to the related Confirmation Knowledge to own for example Credit Day, Plan II of these Verification Certification cards only about this new greater from (i) 7 (8) of such Book Data assessed by Verification Representative otherwise (ii) 5% of such Lease records examined by Confirmation Representative;
(viii) with the the total amount the guarantee of every Book would produce brand new aggregate Amortized Book Value of all Accommodations the new Obligors from that have asking address contact information in almost any you to definitely state to help you go beyond twenty two.5% of the Amortized Book Property value all of the Bound Renting, a legal opinion when it comes to compliance having rules in such condition, relatively appropriate into the Administrative Agent; and
The obligation of any Financial and come up with people Mortgage with the any Credit Go out is actually subject to the fulfillment, or waiver prior to
The brand new Management Broker shall be entitled, not forced to, consult and you can discovered, ahead of the and come up with of every Financing, facts relatively high enough toward Management Broker otherwise people Lender guaranteeing brand new pleasure of every of your own foregoing if, throughout the sensible discretion of the Management Representative otherwise such Financial like consult try justified within the issues.
To help you induce lenders to go into into it Contract and to generate for each and every Loan becoming made and therefore, Organization means and you can warrants to each Lender that each and every of the representations and you will guarantees contained in the Agreement is real and you will proper as of the Closure Day and each Borrowing 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.