Additional Mortgages. A fully executed and notarized Mortgage (an “Additional Mortgage”), in proper form for recording in all appropriate places in all applicable jurisdictions, encumbering the interest of such Credit Party in such Additional Mortgaged Property;
Additional Mortgages. With respect to any fee interest in any real property located in the United States having a value (together with improvements thereon) of at least $7,500,000 acquired after the Effective Date by the Company or any of its Domestic Subsidiaries, the Company or such Subsidiary shall promptly (and in any event within 45 days after (x) the acquisition thereof or (y) in the case of costs and expenses referred to in clause (c) below, the receipt of an invoice in respect thereof) (a) execute and deliver a first-priority and a second-priority Mortgage, in favor of the Collateral Agent, for the benefit of the holders of the Secured Obligations, covering such real property (subject to Customary Permitted Liens, Liens securing the Designated Eligible Obligations as provided for in the Intercreditor Agreement and other Liens approved by the Administrative Agent), (b) if requested by the Administrative Agent, provide all Mortgage Supporting Documents relating thereto and (c) pay all costs and expenses associated with the foregoing.
Additional Mortgages. The Borrower will, and will cause each of its Domestic Subsidiaries other than Excluded Subsidiaries to, (i) grant to the Administrative Agent security interests and mortgages (each such mortgage, as well as any mortgage granted pursuant to Section 7.11(j), an "Additional Mortgage") in such Real Property (excluding (x) owned Real Property where the fair market value thereof is less than $1,000,000 and (y) (1) leases of medical office space and (2) other leases with a rental payment of less than $500,000 per year) of the Borrower or any of the Domestic Subsidiaries (other than Excluded Subsidiaries) acquired (or in the case of leasehold properties, entered into) after the Closing Date (each such Real Property, an "Additional Mortgaged Property") and (ii) for properties for which Additional Mortgages have been granted and if requested by the Administrative Agent, deliver to the Administrative Agent documents of the types referred to in Section 5.01(d), all in form, content and scope reasonably satisfactory to the Administrative Agent. All such Additional Mortgages shall be granted pursuant to documentation substantially in the form of the Mortgages (and, in addition, any necessary UCC fixture filings and any necessary landlord consents, landlord waivers and such other documents related to any leased Additional Mortgaged Property) or in such other form as is reasonably satisfactory to the Administrative Agent and shall constitute valid and enforceable perfected Liens superior to and prior to the rights of all third Persons and subject to no other Liens except for Permitted Liens. The Additional Mortgages or instruments related thereto shall be duly recorded or filed in such manner and in such places as are required by law to establish, perfect, preserve and protect the Liens in favor of the Administrative Agent required to be 101 granted pursuant to the Additional Mortgages and all taxes, fees and other charges payable in connection therewith shall be paid in full.
Additional Mortgages. Within 30 days after the request of the Collateral Agent pursuant to Section 6.13(a)(iv) (which may be extended at the sole discretion of the Collateral Agent), each Collateral Loan Party shall deliver Mortgages (granting valid and perfected first priority Liens and security interests), together with Mortgage Instruments, with respect to each individual real property (and related improvements) with a fair market value in excess of $2,500,000 (as determined by the Company and the Collateral Agent in good faith) owned by such Collateral Loan Party, together with evidence that the casualty and other insurance (including, without limitation, flood insurance) required pursuant to the Loan Documents is in full force and effect; provided that with respect to any real property being added as Collateral, the Collateral Agent agrees that it will not request any such Mortgage unless and until it has confirmed that all flood insurance due diligence and flood insurance compliance verification has been completed and such real property may be pledged. This Section 6.13(f) will supersede Section 16(a) of Amendment No. 3 with respect to the requirements for the grant of first priority Liens and security interests in owned real property of the Collateral Loan Parties.
Additional Mortgages. With respect to any Site that is subject to a Mortgage with respect to which a Casualty has occurred, if Borrower or the applicable Credit Party elects to make a Permitted Reinvestment of the Excess Net Proceeds of such Casualty in another Site, Borrower agrees to use its commercially reasonable efforts to obtain landlord or bailee or mortgagee consents (in each case, in form reasonably satisfactory to Agent) to the extent necessary to permit the execution and delivery of a Mortgage with respect to such Site within 150 days after such Casualty and upon receipt of such landlord consent (or if no such landlord consent is required, then promptly upon request by Agent) (i) execute and deliver or cause the applicable Subsidiary Guarantor to execute and deliver a Mortgage securing all of the Obligations in such form as Agent may reasonably require and (ii) upon recordation of the Mortgage, cause the Title Company to issue to Agent an ALTA lender’s title insurance policy with respect to the applicable real property Collateral in such form, in such amounts and with such endorsements as Agent may reasonably require, insuring that the Mortgage is in a first lien position subject only to the Permitted Exceptions.
Additional Mortgages. If after the Closing Date the Agent so requests, the Borrowers shall forthwith execute and deliver to the Agent a fully executed mortgage or deed of trust over Real Property of the Borrowers in addition to the Sanco Landfill, the Waste USA Landfill, the Xxxxxx Real Estate and the Casella TIRES Real Estate, in form and substance satisfactory to the Agent, together with title insurance policies, surveys, evidences of insurance, legal opinions and other documents and certificates with respect to such Real Property as the Agent may request. The Borrowers agree that following the taking of such actions with respect to such Real Property, the Agent shall have a valid and enforceable first priority mortgage or deed of trust over such Real Property, subject only to Permitted Liens. If after the Closing Date the Agent so requests, the Borrowers shall forthwith execute and deliver to the Agent fully executed amendments to the Mortgages, in form and substance satisfactory to the Agent, together with title insurance policy endorsements, legal opinions and other documents and certificates with respect to such amendments as the Agent may request in order to confirm the Agent's first priority security interest in the Real Property subject to such Mortgages.
Additional Mortgages. A fully executed and notarized Mortgage (an "ADDITIONAL MORTGAGE"), in proper form for recording in all appropriate places in all applicable jurisdictions, encumbering the interest of such Credit Party in such Additional Mortgaged Property;
Additional Mortgages. Not later than 10 days after the Effective Date, deliver to the Administrative Agent counterparts of duly executed Mortgages with respect to all Mortgaged Properties that are owned by a person that was a Loan Party on the Closing Date for which Mortgages were not delivered to the Administrative Agent on or prior to the Effective Date in recordable form.
Additional Mortgages. In addition to the foregoing, Lessor consents to BREP’s grant of a mortgage, security interest, pledge or assignment to BREP’s Financier in, to and under all rights of BREP arising under the Phase I Ancillary Agreements, including BREP’s right to receive Thermal Services Payments under the Xxxx Center Thermal Services Agreement and the Termination Fee under any Phase I Ancillary Agreement, as well as the exclusive right during the Term of the Xxxx Center Thermal Services Agreement to provide Thermal Services to the Xxxx Center Building and use and control the Xxxx Center Plant Assets and any expansions, renewals or replacements thereof (including any Plant Improvements made to the Leased Property) pursuant to the Phase I Ancillary Agreements.
Additional Mortgages. Notwithstanding anything in Section 8.14(a) to the contrary, the Borrower or its Subsidiaries shall, within 30 days after the Second Amendment Effective Date (or such later date as the Majority Lenders may agree) deliver additional Mortgages on all leases in Xxxxxx County, Texas, which, to the knowledge of the Borrower, the Borrower or its Subsidiaries have acquired since January 1, 2017.
