Common use of Alt Clause in Contracts

Alt. A. Surveys. Administrative Agent shall have received A.L.T.A. surveys of the Sites (which surveys shall be reasonably current and in form and substance reasonably satisfactory to the Administrative Agent and the Title Insurer), certified to FEC or MEC, as applicable, Administrative Agent and the Title Insurer by a licensed Texas surveyor (in the case of the Freeport Project) or a licensed Minnesota surveyor (in the case of the Mankato Project) reasonably satisfactory to the Administrative Agent, showing, among other things, (a) as to the Sites, the location and dimensions thereof (including (i) the location of all means of access thereto and all easements or encumbrances relating thereto, and (ii) the perimeter within which all improvements are located), (b) the existing utility facilities servicing the Projects (including water, electricity, fuel, telephone, sanitary sewer and storm water distribution and detention facilities), (c) other than Permitted Liens, no existing or contemplated improvements encroach or interfere with adjacent property or existing easements or other rights (whether on, above or below ground), and that there are no gaps, gores, projections, protrusions or other survey defects, (d) whether the MEC Site or the FEC Site or any portion thereof is located in a special flood hazard zone, and (e) no other matters constituting a defect in title other than Title Exceptions; provided that the matters described in clauses (a)(ii) and (d) above may be shown by separate maps, surveys or other information reasonably satisfactory to the Administrative Agent, and the surveyor shall not be required to certify as to the location of any easements, improvements, encroachments utilities or other matters which do not exist as of the Restatement Date. For purposes of clarification, the Borrower shall not be required to provide an A.L.T.A. survey of the Access Easement Tract (as defined in the FEC Deed of Trust).

Alt. A. Surveys. Administrative The Disbursement Agent and each of the Bank Agent and the Representatives of the Initial Purchasers shall have received A.L.T.A. surveys of the Sites (which surveys shall be reasonably current Site and the Site Easements, satisfactory in form and substance reasonably satisfactory to the Administrative Title Insurer and each of the Bank Agent and the Title Insurer)Representatives of the Initial Purchasers, dated no earlier than sixty (60) days prior to the Closing Date and certified to FEC or MEC, as applicable, Administrative Agent and the Title Insurer each such Person by a licensed Texas surveyor (in the case of the Freeport Project) or a licensed Minnesota surveyor (in the case of the Mankato Project) reasonably satisfactory to the Administrative Agenteach such Person, showing, among other things, showing (a) as to the SitesSite, the exact location and dimensions thereof (thereof, including (i) the location of all means of access thereto thereto, the perimeters within which all of foundations for the Phase I Project are located, and all easements or encumbrances relating thereto; (b) as to the Site Easements, the exact location and dimensions thereof to the extent capable of being described, including the location of all means of access thereto, and (ii) the perimeter within which all improvements are located), or other encroachments in or on the Site Easements; (bc) the existing utility facilities servicing the Projects Phase I Project (including water, electricity, fuelgas, telephone, sanitary sewer and storm water distribution and detention facilities), ; (cd) other than Permitted Liens, no that such existing or contemplated improvements do not encroach or interfere (in any manner that could reasonably be expected to have a Material Adverse Effect) with adjacent property or existing easements or other rights (whether on, above or below ground), and that there are no gaps, gores, projections, protrusions or other survey defects, defects other than Permitted Encumbrances applicable to such real property; (de) whether the MEC Site or the FEC Site or any portion thereof is located in a special earthquake or flood hazard zone, ; and (ef) that there are no other matters that could reasonably be expected to be disclosed by a survey constituting a defect in title other than Title Exceptions; provided that the matters described in clauses (a)(ii) and (d) above may be shown by separate maps, surveys or other information reasonably satisfactory to the Administrative Agent, and the surveyor shall not be required to certify as to the location of any easements, improvements, encroachments utilities or other matters which do not exist as of the Restatement Date. For purposes of clarification, the Borrower shall not be required to provide an A.L.T.A. survey of the Access Easement Tract (as defined in the FEC Deed of Trust)Permitted Encumbrances.

Alt. A. Surveys. Administrative The Disbursement Agent and each of the Bank Agent, the Interim Mall Lender, the HVAC Provider and the Initial Purchasers shall have received A.L.T.A. surveys of the Sites (which surveys shall be reasonably current Site, the Site Easements and the Mall Easements, satisfactory in form and substance reasonably satisfactory to the Administrative Agent and the Title Insurer), certified to FEC or MEC, as applicable, Administrative Agent and the Title Insurer and each of the Bank Agent, the Interim Mall Lender, the HVAC Provider and the Initial Purchasers, reasonably current and certified to each such Person by a licensed Texas surveyor (in the case of the Freeport Project) or a licensed Minnesota surveyor (in the case of the Mankato Project) reasonably satisfactory to the Administrative Agenteach such Person, showing, among other things, showing (a) as to the SitesSite, the exact location and dimensions thereof (thereof, including (i) the location of all means of access thereto and all easements or encumbrances relating thereto, thereto and (ii) showing the perimeter within which all improvements foundations are or are to be located), ; (b) as to the Site Easements and the Mall Easements, the exact location and dimensions thereof to the extent capable of being described, including the location of all means of access thereto, and all improvements or other encroachments in or on the Site Easements and the Mall Easements; (c) the existing utility facilities servicing the Projects Project (including water, electricity, fuelgas, telephone, sanitary sewer and storm water distribution and detention facilities), ; (cd) other than Permitted Liens, no that such existing or contemplated improvements do not encroach or interfere with adjacent property or existing easements or other rights (whether on, above or below ground), and that there are no gaps, gores, projections, protrusions or other survey defects, defects other than VCR Permitted Encumbrances and GCCLLC Permitted Encumbrances; (de) whether the MEC Site or the FEC Site or any portion thereof is located in a special earthquake or flood hazard zone, ; and (ef) that there are no other matters that could reasonably be expected to be disclosed by a survey constituting a defect in title other than Title Exceptions; provided that the matters described in clauses (a)(ii) VCR Permitted Encumbrances and (d) above may be shown by separate maps, surveys or other information reasonably satisfactory to the Administrative Agent, and the surveyor shall not be required to certify as to the location of any easements, improvements, encroachments utilities or other matters which do not exist as of the Restatement Date. For purposes of clarification, the Borrower shall not be required to provide an A.L.T.A. survey of the Access Easement Tract (as defined in the FEC Deed of Trust)GCCLLC Permitted Encumbrances.