Additional Real Property. The Borrower shall, and shall cause each of its Subsidiaries to, cause the Administrative Agent and the Lenders to have at all times a first priority perfected security interest (subject only to Permitted Liens) in all of the real property acquired from time to time by the Borrower and its Subsidiaries (other than any such real property that, when added to the net book value of all other real property acquired by the Borrower and its Subsidiaries in the calendar year in which such determination is being made, has a net book value of less than $1,000,000); provided, however, that, in the event such real property is owned by a Foreign Subsidiary (other than a Foreign Subsidiary that (i) is treated as a partnership under the Code or (ii) is not treated as an entity that is separate from (A) the Borrower, (B) any Person that is treated as a partnership under the Code or (C) any "United States person" (as defined in Section 7701(a)(30) of the Code)), such Subsidiary shall not be required to grant such security interest (1) if the Required Lenders have otherwise agreed or (2) to the extent such grant could reasonably be expected to constitute at any time an investment of earnings in United States property under Section 956 (or any successor provision thereto) of the Code that would increase the amount of United States federal income tax that would otherwise be payable by the Borrower and the other members of the affiliated group of corporations filing a consolidated federal income tax return with the Borrower in the absence of such grant, as determined by the Borrower based on existing financial statements and on financial projections prepared in good faith based upon assumptions which the Borrower believes to be reasonable and as evidenced by a certificate of the chief financial Authorized Officer of the Borrower that is accepted in writing by the Administrative Agent (such acceptance not to be unreasonably withheld and which acceptance shall be deemed to have occurred in the absence of a written notice from the Administrative Agent that is given to the Borrower within five Business Days of the Administrative Agent's receipt of such certificate, indicating the reasons for not accepting such certificate); provided, further, however, that, in the event of any change in, or the introduction, adoption, effectiveness, interpretation, reinterpretation or phase-in of, any law or regulation, directive or guideline of any Governmental Authority that could reasonably be ...
Additional Real Property. Selling Parties hereby covenant and agree with Buyer and Parent that from the date hereof to the earlier of (i) Closing Date or (ii) termination of this Agreement Seller will not acquire or enter into any option or other agreement to acquire any real property.
Additional Real Property. Concurrent with (a) the acquisition by the Company or any Domestic Subsidiary of any parcel of property which has a value in excess of $5,000,000 or (b) the acquisition or lease by the Company or any Domestic Subsidiary of any parcel of property which, in the Agent's determination, is otherwise of significant value to the operations of the Company and its Subsidiaries, unless the Required Lenders shall otherwise direct, the Company shall, or shall cause such Domestic Subsidiary to, execute and deliver to the Agent a Mortgage on such parcel or leasehold substantially in the form of the applicable Mortgages executed and delivered on the Closing Date, together with such other of the items specified in subsection 5.01(g) as shall be applicable thereto, in each case in form and substance acceptable to the Agent.
Additional Real Property. Each Borrower shall, and shall cause each of its Subsidiaries to, cause the Administrative Agent and the Lenders to have at all times a first priority perfected security interest (subject only to Liens and encumbrances permitted under Section 8.2.3) in all of the real property owned from time to time by such Borrower and its Subsidiaries (other than any such real property that has a net book value of less than $1,000,000 and that, when added to the net book value of all other real property owned by the Borrowers and their Subsidiaries that is not subject to a first priority perfected security interest in favor of the Administrative Agent and the Lenders, does not exceed $5,000,000, in either case). Without limiting the generality of the foregoing, each such Borrower shall, and shall cause each such Subsidiary to, execute and deliver or cause to be executed and delivered Mortgages, that may be necessary or, in the opinion of the Administrative Agent, desirable to create a valid, perfected Lien against such real property, together with
Additional Real Property. Except for the Land (as defined in the Mortgage) and Improvements and any contiguous public streets and sidewalks, Borrower does not use or occupy any other material real property in connection with the operation, occupancy and management of the Property.
Additional Real Property. Upon the acquisition by any Borrower after the Amendment Effective Date of any Real Property (other than TIF Real Property), promptly provide to the Administrative Agent such deeds of trust in the form of the Deed of Trust (Fee) and/or Deed of Trust (Leasehold), as applicable, covering such Real Property, together with such appraisals, title insurance policies and environmental reports as the Administrative Agent or Requisite Lenders may reasonably request. Upon the acquisition after the Amendment Effective Date of any TIF Real Property, St. Xxxxxxx shall promptly (a) use its best efforts to obtain any necessary approvals of the relevant Governmental Agency and (b) subject to such approvals, provide to the Administrative Agent such deeds of trust in the form of the Deed of Trust (Fee) covering such Real Property, together with such appraisals, title insurance policies and environmental reports as the Administrative Agent or the Requisite Lenders may reasonably request; provided that (i) the Obligations secured by such a deed of trust on a particular parcel of TIF Property shall not exceed the acquisition cost to St. Xxxxxxx for such parcel and (ii) St. Xxxxxxx need not so provide such a deed of trust with respect to any parcel of TIF Real Property if the acquisition cost thereof to St. Xxxxxxx, when aggregated with the acquisition costs of all other parcels of TIF Real Property previously acquired by St. Xxxxxxx and not covered by a Deed of Trust theretofore provided to the Administrative Agent, is less than $5,000,000.
Additional Real Property. The Parties anticipate that the City will lease additional areas or portions or real property (for purposes consistent with this Lease) to support Ptera's expansion of its business operations ("Additional Leased Property").
Additional Real Property. (Section 5.06): Attach a legal description of any other real property or rights to the use of real property acquired subsequent to the Closing Date which is used in any material manner in connection with the Casino Facility and describe such use. Attach evidence that such real property or rights to the use of such real property has been added as Collateral under the Credit Agreement. _____________
Additional Real Property. Except for the Land (as defined in the Mortgage) and Improvements and any contiguous public streets and sidewalks, no Borrower Party nor any Property Manager uses or occupies any other material real property in connection with the operation, occupancy and management of any Property.
Additional Real Property. After the Closing Date, each of Holdings and Company shall, and shall cause its Subsidiaries to,
