Common use of After Acquired Real Property Clause in Contracts

After Acquired Real Property. If Parent, Borrower or any Restricted Subsidiary hereafter acquires any owned Real Property, fixtures or any other property that is of the kind or nature described in the Mortgages and such owned Real Property, fixtures or other property at any one location has a fair market value in an amount equal to or greater than $5,000,000 (or if a Default or Event of Default exists, then regardless of the fair market value of such assets), without limiting any other rights of Agent and Lenders, or duties or obligations of Borrower or any Restricted Subsidiary, upon Agent's request, Borrower shall, and shall cause Parent and each Restricted Subsidiary to, shall execute and deliver to Agent a mortgage, deed of trust or deed to secure debt, as Agent may determine, in form and substance substantially similar to the Mortgages and as to any provisions relating to specific state laws satisfactory to Agent and in form appropriate for recording in the real estate records of the jurisdiction in which such owned Real Property or other property is located granting to Agent a first and only lien and mortgage on and security interest in such Real Property, fixtures or other property (except as Borrower would otherwise be permitted to incur hereunder or under the Mortgages or as otherwise consented to in writing by Agent) and such other agreements, documents and instruments as Agent may reasonably require in connection therewith.

After Acquired Real Property. If Parent, a Borrower or any Restricted Subsidiary hereafter acquires any owned Real Property, fixtures or any other property that is of the kind or nature described in the Mortgages and such owned Real Property, fixtures or other property at any one location has a fair market value in an amount equal to or greater than $5,000,000 50,000, individually, or $250,000, in the aggregate together with all other such Real Property or other property of Borrowers not subject to a Mortgage (or if a Default or Event of Default exists, then regardless of the fair market value of such assets), without limiting any other rights of Agent and LendersLender, or duties or obligations of Borrower or any Restricted Subsidiarysuch Borrower, upon AgentLender's request, such Borrower shall, and shall cause Parent and each Restricted Subsidiary to, shall execute and deliver to Agent Lender a mortgage, deed of trust or deed to secure debt, as Agent Lender may determine, in form and substance substantially similar to the Mortgages and as to any provisions relating to specific state laws satisfactory to Agent Lender and in form appropriate for recording in the real estate records of the jurisdiction in which such owned Real Property or other property is located granting to Agent Lender a first and only lien and mortgage on and security interest in such Real Property, fixtures or other property (except as such Borrower would otherwise be permitted to incur hereunder or under the Mortgages or as otherwise consented to in writing by AgentLender) and such other agreements, documents and instruments as Agent Lender may reasonably require in connection therewith.

After Acquired Real Property. If Parent, Borrower or any Restricted Subsidiary hereafter acquires any owned Real Property, fixtures or any other property that is of the kind or nature described in the Mortgages and such owned Real Property, fixtures or other property is adjacent to, contiguous with or necessary or related to or used in connection with any Real Property then subject to a Mortgage, or if such Real Property is not adjacent to, contiguous with or related to or used in connection with such Real Property, then if such Real Property, fixtures or other property at any one location (or series of adjacent, contiguous or related locations, and regardless of the number of parcels) has a fair market value in an amount equal to or greater than $5,000,000 100,000 (or if a Default or Event of Default exists, then regardless of the fair market value of such assets), without limiting any other rights of Agent and Lendersor any Lender, or duties or obligations of Borrower or any Restricted SubsidiaryBorrower, promptly upon Agent's ’s request, Borrower shall, and shall cause Parent and each Restricted Subsidiary to, shall execute and deliver to Agent a mortgage, deed of trust or deed to secure debt, as Agent may determine, in form and substance substantially similar to the Mortgages and as to any provisions relating to specific state laws satisfactory to Agent and in form appropriate for recording in the real estate records of the jurisdiction in which such owned Real Property or other property is located granting to Agent a first and only lien and mortgage on and security interest in such Real Property, fixtures or other property (except as Borrower would otherwise be permitted to incur hereunder or under the Mortgages or as otherwise consented to in writing by Agent) and such other agreements, documents and instruments as Agent may reasonably require in connection therewith.

After Acquired Real Property. If Parent, any Borrower or any Restricted Subsidiary hereafter acquires any owned Real Property, fixtures or any other property that and such Real Property, fixtures or other property is adjacent to, contiguous with or necessary or related to or used in connection with any Real Property then subject to a mortgage, deed of trust or deed to secure debt, in favor of Lender pursuant to the kind terms hereof, or nature described if such Real Property is not adjacent to, contiguous with or related to or used in the Mortgages and connection with such Real Property, then if such owned Real Property, fixtures or other property at any one location (or series of adjacent, contiguous or related locations, and regardless of the number of parcels) has a fair market value in an amount equal to or greater than $5,000,000 (or if a Default or an Event of Default existsexists and Lender so requests, then regardless of the fair market value of such assets), without limiting any other rights of Agent and LendersLender, or duties or obligations of Borrower or any Restricted SubsidiaryBorrower, promptly upon AgentLender's request, such Borrower shall, and shall cause Parent and each Restricted Subsidiary to, shall execute and deliver to Agent Lender a mortgage, deed of trust or deed to secure debt, as Agent Lender may determine, in form and substance substantially similar to the Mortgages substance, and as to any provisions relating to specific state laws laws, reasonably satisfactory to Agent Lender and in form appropriate for recording in the real estate records of the jurisdiction in which such owned Real Property or other property is located granting to Agent Lender a first and only lien and mortgage on and security interest in such Real Property, fixtures or other property (except as such Borrower would otherwise be permitted to incur hereunder or under the Mortgages or as otherwise consented to in writing by AgentLender) and such other agreements, documents and instruments as Agent Lender may reasonably require in connection therewith.

After Acquired Real Property. If Parent, any Borrower or any Restricted Subsidiary hereafter acquires any owned Real Property, fixtures or any other property that is of the kind or nature described in the Mortgages and such owned Real Property, fixtures or other property at any one location has a fair market value in an amount equal to or greater than $5,000,000 2,500,000, or, with respect to all locations, having a fair market value in an aggregate amount equal to $7,500,000 (or if a Default or Event of Default existsexists or has occurred and is continuing, then regardless of the fair market value of such assets), without limiting any other rights of Agent and Lendersor any Lender, or duties or obligations of Borrower or any Restricted Subsidiarysuch Borrower, upon Agent's ’s request, such Borrower shall, and shall cause Parent and each Restricted Subsidiary to, shall execute and deliver to Agent a mortgage, deed of trust or deed to secure debt, as Agent may determine, in form and substance substantially similar to the Mortgages and as to any provisions relating to specific state laws satisfactory to Agent and in form appropriate for recording in the real estate records of the jurisdiction in which such owned Real Property or other property is located granting to Agent a first and only lien Lien and mortgage on and security interest in such Real Property, fixtures or other property (except as such Borrower would otherwise be permitted to incur hereunder or under the Mortgages or as otherwise consented to in writing by Agent) and such other agreements, documents documents,. instruments and instruments information as Agent or any Lender may reasonably require in connection therewith.

After Acquired Real Property. If Parent, any Borrower or any Restricted Subsidiary Guarantor hereafter acquires any owned Real Property, fixtures or any other property that is of the kind or nature described in the Mortgages Mortgage and such owned Real Property, fixtures or other property at any one location has a fair market value in an amount equal to or greater than $5,000,000 500,000 (or if a Default an Event of Default, or act, condition or event which with notice or passage of time or both would constitute an Event of Default exists, then regardless of the fair market value of such assets), without limiting any other rights of Agent and LendersLender, or duties or obligations of such Borrower or any Restricted SubsidiaryGuarantor, upon AgentLender's request, such Borrower shall, and shall cause Parent and each Restricted Subsidiary to, or Guarantor shall execute and deliver to Agent Lender a mortgage, deed of trust or deed to secure debt, as Agent Lender may determine, in form and substance substantially similar to the Mortgages Mortgage and as to any provisions relating to specific state laws satisfactory to Agent Lender and in form appropriate for recording in the real estate records of the jurisdiction in which such owned Real Property or other property is located granting to Agent Lender a first and only lien and mortgage on and security interest in such Real Property, fixtures or other property (except as such Borrower or Guarantor would otherwise be permitted to incur hereunder or under the Mortgages Mortgage or as otherwise consented to in writing by AgentLender) and such other agreements, documents and instruments as Agent Lender may reasonably require in connection therewith.

After Acquired Real Property. If Parent, Borrower or any Restricted Subsidiary Guarantor hereafter acquires any owned Real Property, fixtures or any other property that is of the kind or nature described in the Mortgages and such owned Real Property, fixtures or other property at any one location has a fair market value Fair Market Value in an amount equal to or greater than $5,000,000 1,000,000 (or if a Default or Trigger Event of Default exists, exists then regardless of the fair market value Fair Market Value of such assets) (but excluding any such Real Property and fixtures subject to a purchase money mortgage to secure Indebtedness incurred to purchase such Real Property and fixtures under Section 9.9(b), unless the Fair Market Value of such Real Property and fixtures exceeds such purchase money Indebtedness by an amount equal to or greater than $1,000,000 and the mortgage holder does not prohibit a second lien in favor of Agent), then, without limiting any other rights of Agent and Lendersor any Lender, or duties or obligations of Borrower or any Restricted SubsidiaryGuarantor, upon promptly after Agent's request, Borrower shall, and shall cause Parent and each Restricted Subsidiary to, or such Guarantor shall execute and deliver to Agent a mortgage, deed of trust or deed to secure debt, as Agent may determine, in form and substance substantially similar to the Mortgages and as to any provisions relating to specific state laws satisfactory to Agent and in form appropriate for recording in the real estate records of the jurisdiction in which such owned Real Property or other property is located located, granting to Agent a first and only lien and mortgage on and security interest in such Real Property, fixtures or other property (except as Borrower or such Guarantor would otherwise be permitted to incur hereunder or under the Mortgages or as otherwise consented to in writing by Agent) and such other agreements, documents and instruments as Agent may reasonably require in connection therewith.. 87

After Acquired Real Property. If Parent, any Borrower or any Restricted Subsidiary hereafter acquires any owned Real Property, fixtures or any other property that is of the kind or nature described in the Mortgages and such owned Real Property, fixtures or other property at any one location has a fair market value in an amount equal to or greater than $5,000,000 500,000 (or if a Default an Event of Default, or act, condition or event which with notice or passage of time or both would constitute an Event of Default exists, then regardless of the fair market value of such assets), without limiting any other rights of Agent and LendersLender, or duties or obligations of Borrower or any Restricted Subsidiarysuch Borrower, upon AgentLender's request, such Borrower shall, and shall cause Parent and each Restricted Subsidiary to, shall execute and deliver to Agent Lender a mortgage, deed of trust or deed to secure debt, as Agent Lender may determine, in form and substance substantially similar to the Mortgages and as to any provisions relating to specific state laws satisfactory to Agent Lender and in form appropriate for recording in the real estate records of the jurisdiction in which such owned Real Property or other property is located granting to Agent Lender a first and only priority lien and mortgage on and security interest in such Real Property, fixtures or other property (except subject only to such liens and encumbrances as such Borrower would otherwise be permitted to incur hereunder or under the Mortgages or as otherwise consented to in writing by AgentLender) and such other agreements, documents and instruments as Agent Lender may reasonably require in connection therewith.

After Acquired Real Property. If Parent, any Borrower or any Restricted Subsidiary hereafter acquires any owned Real Property, fixtures or any other property that is of the kind or nature described in the Mortgages and such owned Real Property, fixtures or other property is adjacent to, contiguous with or necessary or related to or used in connection with any Real Property then subject to a Mortgage, or if such Real Property is not adjacent to, contiguous with or related to or used in connection with such Real Property, then if such Real Property, fixtures or other property at any one location (or series of adjacent, contiguous or related locations, and regardless of the number of parcels) has a fair market value in an amount equal to or greater than $5,000,000 300,000 (or if a Default or Event of Default exists, then regardless of the fair market value of such assets), without limiting any other rights of Agent and Lendersor any Lender, or duties or obligations of Borrower or any Restricted SubsidiaryBorrower, promptly upon Agent's request, such Borrower shall, and shall cause Parent and each Restricted Subsidiary to, shall execute and deliver to Agent a mortgage, deed of trust or deed to secure debt, as Agent may determine, in form and substance substantially similar to the Mortgages and as to any provisions relating to specific state laws satisfactory to Agent and in form appropriate for recording in the real estate records of the jurisdiction in which such owned Real Property or other property is located granting to Agent a first and only lien and mortgage on and security interest in such Real Property, fixtures or other property (except as such Borrower would otherwise be permitted to incur hereunder or under the Mortgages or as otherwise consented to in writing by Agent) and such other agreements, documents and instruments as Agent may reasonably require in connection therewith.

After Acquired Real Property. If Parent, Borrower or any Restricted Subsidiary of its Subsidiaries hereafter acquires any owned Real Property, fixtures or any other property that is of the kind or nature described in the Mortgages and such owned Real Property, fixtures or other property at any one location has a fair market value in an amount equal to or greater than $5,000,000 500,000 (or if a Default an Event of Default, or act, condition or event which with notice or passage of time or both would constitute an event which with notice or passage of time or both would constitute an Event of Default exists, then regardless of the fair market value of such assets), or without limiting any other rights of Agent and or Lenders, or duties or obligations of Borrower or any Restricted SubsidiaryBorrower, upon Agent's request, Borrower shall, and or shall cause Parent and each Restricted Subsidiary toits Subsidiary, shall to execute and deliver to Agent a mortgage, deed of trust or deed to secure debt, as Agent may reasonably determine, in form and substance substantially similar to the Mortgages and as to any provisions relating to specific state laws satisfactory to Agent and in form appropriate for recording in the real estate records of the jurisdiction in which such owned Real Property or other property is located granting to Agent a first and only lien and lien, mortgage on and security interest in such Real Property, fixtures or other property Property (except as Borrower would otherwise be permitted to incur hereunder or under the Mortgages or as otherwise consented to in writing by AgentAgent or as otherwise permitted herein) and such other agreements, documents and instruments as Agent may reasonably require in connection therewith.

After Acquired Real Property. If Parent, a Borrower or any Restricted Subsidiary hereafter acquires any owned Real Property, fixtures or any other property that is of the kind or nature described in the Mortgages and such owned Real Property, fixtures or other property at any one location has a fair market value in an amount equal to or greater than $5,000,000 1,000,000 (or if a Default an Event of Default, or act, condition or event which with notice or passage of time or both would constitute an Event of Default exists, then regardless of the fair market value of such assets), without limiting any other rights of Agent and LendersLender, or duties or obligations of Borrower or any Restricted Subsidiarysuch Borrower, upon AgentLender's request, such Borrower shall, and shall cause Parent and each Restricted Subsidiary to, shall execute and deliver to Agent Lender a mortgage, deed of trust or deed to secure debt, as Agent Lender may determine, in form and substance substantially similar to the Mortgages and as to any provisions relating to specific state laws satisfactory to Agent Lender and in form appropriate for recording in the real estate records of the jurisdiction in which such owned Real Property or other property is located granting to Agent Lender a first and only lien and mortgage on and security interest in such Real Property, fixtures or other property (except as such Borrower would otherwise be permitted to incur hereunder or under the Mortgages or as otherwise consented to in writing by AgentLender) and such other agreements, documents and instruments as Agent Lender may reasonably require in connection therewith.

After Acquired Real Property. If Parent, any Borrower or any Restricted Subsidiary hereafter acquires any owned ----------------------------- Real Property, fixtures or any other property that is of the kind or nature described in the Mortgages Mortgage and such owned Real Property, fixtures or other property at any one location has a fair market value in an amount equal to or greater than $5,000,000 500,000 (or if a Default an Event of Default, or act, condition or event which with notice or passage of time or both would constitute an Event of Default exists, then regardless of the fair market value of such assets), without limiting any other rights of Agent and LendersLender, or duties or obligations of Borrower or any Restricted SubsidiaryBorrower, upon AgentLender's request, such Borrower shall, and shall cause Parent and each Restricted Subsidiary to, shall execute and deliver to Agent Lender a mortgage, deed of trust or deed to secure debt, as Agent Lender may determine, in form and substance substantially similar to the Mortgages and as to any provisions relating to specific state laws satisfactory to Agent Lender and in form appropriate for recording in the real estate records of the jurisdiction in which such owned Real Property or other property is located granting to Agent Lender a first and only lien and mortgage on and security interest in such Real Property, fixtures or other property (except as such Borrower would otherwise be permitted to incur hereunder or under the Mortgages or as otherwise consented to in writing by AgentLender) and such other agreements, documents and instruments as Agent Lender may reasonably require in connection therewith.