|
201305319
<br />balance or obligation. The costs of the insurance may be more than the cost of insurance you
<br />may be able to obtain on your own."
<br />(j) Further Assurances. Mortgagor will, on reasonable request of Administrative
<br />Agent, (i) promptly correct any defect, error or omission which may be discovered in the
<br />contents of this Mortgage, or in any other Loan Document, or in the execution or
<br />acknowledgment of this Mortgage or any other Loan Document; (ii) promptly execute,
<br />acknowledge, deliver and record and/or file such further instruments (including, without
<br />limitation, further deeds of trust, mortgages, security agreements, financing statements,
<br />continuation statements, and assignments of accounts, funds, contract rights, general intangibles,
<br />and proceeds) and do such further acts as may be necessary, desirable or proper to carry out more
<br />effectively the purposes of this Mortgage and the other Loan Documents and to more fully
<br />identify and subject to the Liens, privileges, and security interests hereof any property intended
<br />to be covered hereby, including specifically, but without limitation, any renewals, additions,
<br />substitutions, replacements, or appurtenances to the Property; and (iii) promptly execute,
<br />acknowledge, deliver, and file and/or record any document or instrument (including specifically
<br />any financing statement) desired by Administrative Agent to protect the Lien, privilege, or the
<br />security interest hereunder against the rights or interests of third persons. Mortgagor shall pay all
<br />costs connected with any of the foregoing.
<br />(k) Name and Place of Business and Formation. Except as disclosed in the Credit
<br />Agreement, the other Loan Documents or in the Perfection Certificate delivered by Borrower to
<br />Administrative Agent, Mortgagor has not, during the preceding five years, been known by or
<br />used any other legal name. Mortgagor will not cause or permit any change to be made in its
<br />name, identity or state of formation number unless Mortgagor shall have notified Administrative
<br />Agent of such change at least twenty (20) days prior to the effective date of such change (or such
<br />shorter period as may be approved by Administrative Agent), and shall have first taken all action
<br />required by Administrative Agent for the purpose of further perfecting or protecting the Liens,
<br />privileges, and security interests in the Property created hereby. Mortgagor's exact name is the
<br />name set forth in this mortgage. Mortgagor's location is as follows:
<br />Mortgagor is a registered organization which is organized under any Requirement
<br />of Law of one of the states comprising the United States (e.g. corporation, limited
<br />partnership, registered limited liability partnership or limited liability company).
<br />Mortgagor is located (as determined pursuant to the UCC) in the state under any
<br />Requirement of Law in which it was organized, which is: (1) with respect to
<br />BKEP CRUDE, L.L.C., BKEP PIPELINE, L.L.C., and BKEP FIELD
<br />SERVICES, L.L.C., Delaware; and (2) with respect to BKEP MATERIALS,
<br />L.L.C., BKEP ASPHALT, L.L.C., and BKEP SERVICES LLC, Texas. As of
<br />the date hereof, Mortgagor's principal place of business and chief executive office
<br />is located at the address set forth below the signature of Mortgagor to this
<br />Mortgage.
<br />(1) Not a Foreign Person. Mortgagor is not a "foreign person" within the meaning of
<br />the Internal Revenue Code of 1986, as amended, (hereinafter called the "Code "), Sections 1445
<br />and 7701 (i.e. Mortgagor is not a non - resident alien, foreign corporation, foreign partnership,
<br />24
<br />
|