(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.
One Capital Find would be carried out because of the an authorized Manager inside the an authorship brought to Administrative Representative, Investing Broker each Bank
(l) Achievement 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 payday loan Southampton 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 in advance of instance Credit Date, Administrative Broker, Expenses Agent and each Financial should have received a totally executed and you may produced Financial support Observe also a borrowing Ft Certification, evidencing adequate Supply with respect to the expected Fund, and you will a borrowing from the bank Feet Report;
(ii) pre and post and then make people Finance questioned on such Credit Big date, the total Utilization of Duties shall maybe not meet or exceed the new Borrowing from the bank Foot;
(iii) as of for example Borrowing Time, the fresh new representations and you will warranties consisted of herein and also in additional Credit Data will likely be correct and correct throughout point areas to your so when of these Borrowing Big date with the exact same extent as the even though produced toward so that as of these time (until these expression otherwise warranty relates to a certain go out, whereby, they shall be real and you will right in every issue respects while the of such day);
(iv) by like Borrowing from the bank Time, zero knowledge will provides happened and become proceeded or create influence on the consummation of your relevant Financing who would make up a keen Feel away from Default otherwise a default;
(vii) according to the relevant Confirmation Event to possess particularly Borrowing Go out, Agenda II of such Confirmation Certificate cards only about the fresh new deeper from (i) seven (8) of such Rent Records assessed of the Verification Broker or (ii) 5% of such Book records analyzed by the Verification Agent;
(viii) with the the total amount that vow of any Book perform end up in the aggregate Amortized Rent Worth of all the Renting brand new Obligors out-of with billing addresses in almost any one to state to meet or exceed 22.5% of your Amortized Rent Worth of the Sworn Renting, a legal viewpoint regarding compliance with rules this kind of state, reasonably acceptable toward Administrative Agent; and
The responsibility of each Bank and make one Loan towards one Borrowing from the bank Big date was subject to the pleasure, otherwise waiver in accordance with
The latest Management Broker might be named, although not obligated to, demand and you will discover, ahead of the to make of any Loan, addiitional information relatively high enough towards the Management Representative otherwise one Lender verifying the new fulfillment of every of foregoing in the event the, from the sensible discernment of the Management Representative or particularly Financial such as request is rationalized in affairs.
To lead to lenders to get in for the which Contract in order to create each Loan as produced and so, Business signifies and you may warrants to every Bank that each of the representations and warranties within the Contract try real and proper at the time of the brand new Closing Go out and every 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 Agenda 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.