Title Policy Endorsement. An endorsement to the policy of title insurance insuring the lien of the Senior Security Instrument which insures that (i) the lien of the Subordinate Mortgage is subordinate to the lien of the Senior Mortgage, and (ii) this Agreement has been recorded among the applicable land records.
Title Policy Endorsement. The Disbursement Agent shall have received a commitment from the Title Insurer, attached to the Advance Request, evidencing the Title Insurer's unconditional commitment to issue an endorsement to each of the Bank Agent's and the Indenture Trustee's Title Policy in the form of a 122 CLTA Endorsement insuring the continuing priority of the Lien of each Deed of Trust as security for the requested Advance and confirming and/or insuring that (i) since the previous disbursement from the Disbursement Account, there has been no change in the condition of title unless permitted by the Financing Agreements, and (ii) there are no intervening liens or encumbrances which may then or thereafter take priority over the respective Liens of the Deeds of Trust other than Permitted Encumbrances and such intervening liens or encumbrances securing amounts the payment of which is being disputed in good faith by the Company, so long as the Disbursement Agent has received confirmation from the applicable Funding Agents that the Title Insurer has delivered to such Funding Agents any endorsement to the respective Title Policies required or desirable to assure against loss to the Project Secured Parties due to the priority of such lien or encumbrance.
Title Policy Endorsement. The Administrative Agent shall have received (i) a “bring-down” endorsement to the Title Policy to the Disbursement Date of such Construction Loans, insuring the continuing first priority Lien of the Mortgage (subject only to (A) Permitted Priority Liens and (B) other Permitted Liens to the extent junior to the Liens for the benefit of the Secured Parties under the Mortgage) and otherwise in form and substance satisfactory to the Administrative Agent and (ii) either (A) with respect to the initial Borrowing of the Construction Loans only, a 32-06 Endorsement and (B) with respect to each other Borrowing of the Construction Loans, a 33-06 Endorsement, in each case, with a Date of Coverage (as defined therein) that is the same as the date of the relevant Borrowing of the Construction Loans with copies of all executed conditional and unconditional lien waivers required to be delivered pursuant to Section 4.2(h) attached thereto.
Title Policy Endorsement. An endorsement to the Title Policy to the date of such extension of credit, in the form approved by the Administrative Agent and setting out no additional exceptions (including survey exceptions).
Title Policy Endorsement. If the Release includes a release of a Lien on real property, Lender shall have the option to receive an endorsement to Lender’s title insurance policy ensuring that the Release does not affect coverage under the title insurance policy with respect to any real property that remains subject to Lender’s Lien. The cost of any such endorsement shall be paid by Borrower.
Title Policy Endorsement. Borrower shall have provided, or Administrative Agent shall be adequately assured that the Title Insurer is committed as of the Credit Event Date to issue to Administrative Agent, a date-down endorsement of the relevant Title Policies to the Credit Event Date, (a) insuring or otherwise establishing to the satisfaction of Administrative Agent the continuing first priority of the applicable Mortgage(s) (subject only to Project Company Permitted Liens), and (b) otherwise in form and substance reasonably satisfactory to Administrative Agent.
Title Policy Endorsement. If applicable, a endorsement to the Title Policies for each Parcel (A) indicating that since the last Funding Date as to which a Funding was made in respect of such Parcel there has been no change in the state of title and no survey exceptions not theretofore approved by the Lessor and the Lender and (B) increasing the coverage of the Title Policies by an amount equal to the Funding with respect to such Parcel then being made so that the total amount insured equals, in the case of the Lender's Title Policy, the total amount of Loan Advances disbursed by the Lender with respect to such Parcel, and in the case of Lessor's Title Policy, a like amount plus in addition, the amount of the Contribution with respect to such Parcel, and, in each case, changing the effective date of the Title Policies to the Funding Date. At the Lender's discretion, any Funding may be made through the Title Insurance Company. Prior to each Funding Date, the Lessee shall furnish the Title Insurance Company with lien waivers as required by the Title Insurance Company through the time of the Funding. No title indemnities for purposes of insuring around any objection to or condition of title shall be issued or provided by the Lessee or the Lessor to the Title Insurance Company without the prior written consent of the Lender;
Title Policy Endorsement. Borrower shall provide, or Administrative Agent shall be adequately assured that the Title Insurer is committed at the time of each Credit Event to issue to Administrative Agent a date-down endorsement of the relevant Title Policies, if any, to the date of such Credit Event, insuring or otherwise establishing to the satisfaction of Administrative Agent the continuing first priority of the relevant Deeds of Trust (subject only to relevant Permitted Encumbrances and Permitted Liens described in clause (a), (b) or (c) of the definition thereof) and otherwise in form and substance reasonably satisfactory to Administrative Agent.
Title Policy Endorsement. In the case of an Advance relating to a Construction Property, the Lessor shall have received an endorsement to the title policy delivered pursuant to this Lease, dated on or one Business Day before the date of such Advance, (i) indicating that since the date of the preceding Advance relating to such Property there has been no change in the state of title and no additional survey exceptions not theretofore approved by the Lessor and (ii) updating the title policy to the date of such endorsement.
Title Policy Endorsement. Upon receipt of a Draw Request for an Advance, Title shall make such searches as it deems necessary to determine that the status of the title to the Project and the Property has not changed since the date of prior notification given to the EDA. If the status has changed, Title will immediately notify the EDA by email or any intervening mechanics’ liens or other matters recorded in the land records or over which Title is unwilling to insure (other than those expressly listed in the Title Policy, or as may have been approved and accepted by the EDA and shown in endorsements previously given to the EDA) and may discontinue disbursement until the encumbrance has been disposed of to Title’s satisfaction.
