4.several Label so you’re able to cash advance til payday Carlsbad, CA Assetspany doesn’t have fee, leasehold and other assets interests in any real estate assetspany provides a great and you may good term to all of its assets. All Liens alleged to end up being created in people Guarantee pursuant so you can people Security Document and only Management Broker was First Consideration Liens.

cuatro.13 Zero Indebtednesspany does not have any Indebtedness, apart from Indebtedness sustained significantly less than (or contemplated by) the fresh new terms of this Arrangement otherwise enabled hereunder.

4.fourteen No Defaultspany is not for the default about efficiency, observation otherwise pleasure of every of one’s financial obligation, covenants or requirements present in any kind of their Contractual Personal debt, with no position exists and therefore, to your offering away from find or even the lapse of your time otherwise both, you will make up such as for example a standard, but the spot where the consequences, lead or secondary, of such standard or defaults, or no, would not be anticipated to result in a material Negative Perception.

cuatro.15 Question Contractspany isn’t an event to any Situation Price except that the financing Data that it is an event.

cuatro.sixteen Authorities Contractspany is not an event to your bargain or contract having people Governmental Authority, and the Sworn Apartments are not subject to brand new Government Project of States Operate (30 U.S.C.

4.17 Political Control. The organization isn’t a keen “financing organization” (as a result label is defined underneath the Investment Business Work out of 1940, as revised (“1940 Act”)) which is entered otherwise necessary to getting inserted underneath the 1940 Actpany is not a beneficial “secured funds” while the defined on last laws and regulations issued , implementing the new “Xxxxxxx Rule” (Part 619 of the Xxxx-Xxxxx Xxxx Highway Reform and Individual Protection Work).

Part 3727) or people equivalent county otherwise regional legislation

cuatro.18 Margin Stockpany is not involved principally, or among their crucial affairs, in the business from stretching credit with regards to to buy otherwise carrying people Margin Inventory.

4.19 Staff Work with Arrangements. Zero ERISA Experience enjoys took place or is fairly anticipated to exists one to, whenever taken and additionally some other such as ERISA Situations for which liability is reasonably expected to exists, won’t have a material Unfavorable Effectpany will not take care of otherwise join people Employee Benefit Package.

Delivery

4.20 Specific Costs. No broker’s otherwise finder’s commission or percentage would-be payable having value hereto or any of the purchases contemplated hereby, aside from charges payable so you’re able to Wide Xxxx Financing, LLC.

cuatro.21 Solvency; Deceptive Conveyancepany is actually and you can, on the new incurrence of any Mortgage of the Company toward people big date on which this symbol and you may guarantee is made, could be, Solventpany isn’t transferring people Guarantee having one purpose so you’re able to impede, slow down or defraud some of the creditorspany should perhaps not make use of the arises from the newest deals considered through this Contract supply taste to any class of creditorspany gave fair planning and reasonably comparable well worth in exchange for the brand new deals of the Leases by the Intermediate Merchant underneath the Asset Purchases Contract. Advanced Vendor gave fair said and you will fairly similar well worth into the replace with the sale of your own Rentals by Vendor beneath the Advantage Buy Contract.

4.twenty two Conformity having Guidelines, etcpany is actually compliance with applicable Standards regarding Laws in the esteem of carry out of their company while the possession out-of its possessions, noncompliance in which wouldn’t fairly be expected to have, physically or perhaps in brand new aggregate, a content Adverse Perception. The firm, new Intermediate Seller therefore the Merchant is actually for each currently within the palms otherwise has taken out all the applicable certificates wanted to do their company and operations

(a) pany possess put, otherwise triggered to-be introduced, with the Administrative Representative and each Bank done and you may right copies out of (i) for each and every Related Agreement as well as the exhibits and you will times thereto because of your Closing Time, and (ii) duplicates of any thing modification, restatement, complement or other amendment in order to or waiver of each Related Arrangement entered towards after the Closing Big date.