Common use of Consummation of Asset Acquisition Clause in Contracts

Consummation of Asset Acquisition. Except as to any Asset Pool that consists of an Asset originated by a Crestone Portfolio Entity, there shall have been delivered to Agent evidence satisfactory to Agent that the acquisition of the Asset Pool described in the related Asset Pool Acquisition Certificate shall have been consummated in accordance with the terms of the applicable asset purchase agreement (without any waiver of any material provision thereof by the Subject Portfolio Entity) and the Asset Pool conforms to the description thereof contained in the Asset Pool Acquisition Certificate as modified by revisions permitted by Section 6B.4, that the entire amount of proceeds of such Loan were loaned or contributed by Borrower to the Subject Portfolio Entity or a Primary Obligor which directly or indirectly loaned or contributed such funds to the Subject Portfolio Entity simultaneously with the closing of such acquisition, that the entire amount of the capital contribution by other holders of the Equity Interests in such Subject Portfolio Entity were contributed, and the proceeds of all Indebtedness incurred by such Subject Portfolio Entity were received by such Subject Portfolio Entity, at the same time as or before such Primary Obligor’s contribution or loan, and that such Subject Portfolio Entity used all such loans or capital contributions together with all such proceeds of Indebtedness to acquire such Asset Pool. As to any Asset Pool that consists of an Asset originated by a Crestone Portfolio Entity, there shall have been delivered to Agent evidence satisfactory to Agent that the origination of the Asset Pool described in the related Asset Pool Acquisition Certificate shall have been consummated in accordance with the terms set forth in the applicable Asset Pool Acquisition Certificate (without any waiver of any material provision thereof by the Crestone Portfolio Entity) and the Asset Pool conforms to the description thereof contained in the Asset Pool Acquisition Certificate as modified by revisions permitted by Section 6B.4, that the entire amount of proceeds of such Loan were loaned under the Crestone Facility to the Crestone Portfolio Entity simultaneously with the funding of the Asset Pool, and, and that such Crestone Portfolio Entity used all such funds to originate the Asset Pool.