Matters of Title. If any objection to the Title Report (as defined in Section 5[a] hereof) or the Survey (or existing survey(s), if applicable) is identified by the Distributees, Highwoods shall use its commercially reasonable efforts to resolve such objection to the Distributees’ satisfaction provided the cost of such resolution does not exceed Twenty-Fifty Thousand and No/100 Dollars ($25,000). In the event that Highwoods cannot or refuses to cure an objection to the Title Report or the Survey (or existing survey[s]) which remains unacceptable to the Distributees, then and in that event, the Distributees may terminate this Agreement without any further claim or obligation of any kind to Highwoods, except for the Distributees’ Continuing Indemnification Obligation (as defined in Section 4(f) below) or in the alternative, consummate the Closing in accordance with the terms of Section 5(a) below.
Matters of Title. (a) The Lessee shall not create or permit to ---------------- be created or exist, and shall promptly remove and discharge, any Lien upon this Lease, the Mill II Property or any other part thereof or interest therein, or upon any Fixed Rent, Additional Rent or other sum paid hereunder, which Lien arises for any reason, including, without limitation, any and all Liens which arise out of the ownership, leasing, use, condition, occupancy, construction, possession, repair or rebuilding of the Mill II Property or any part thereof (including, without limitation, by reason of construction and start-up of the Mill II Improvements) or by reason of labor or materials furnished or claimed to have been furnished to the Lessee or for the Mill II Improvements or any part thereof, but excluding Permitted Encumbrances and Liens created by the Operative Documents. Lessee's obligation to remove any of the above-described Liens arising prior to the termination of this Lease (or arising due to circumstances occurring prior to the termination of this Lease) shall survive the termination of this Lease. Nothing contained in this Lease shall be considered as constituting the consent or request of the Lessor, express or implied, to or for the performance by any contractor, laborer, materialman or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Mill II Property or any part thereof. NOTICE IS HEREBY GIVEN THAT THE LESSOR IS NOT AND SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE LESSEE, OR TO ANYONE HOLDING OR POSSESSING THE MILL II PROPERTY OR ANY PART THEREOF THROUGH OR UNDER THE LESSEE, AND THAT NO MECHANIC'S OR OTHER SIMILAR STATUTORY LIENS FOR ANY LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE LESSOR'S INTEREST OR ESTATE IN THE MILL II PROPERTY OR ANY PART THEREOF.
Matters of Title. If any objection to the Title Report (as defined in Section 5[a] hereof) or the Survey (or existing survey(s), if applicable) is identified by GT Gateway, Highwoods shall use its commercially reasonable efforts to resolve such objection to GT Gateway’s satisfaction provided the cost of such resolution does not exceed Twenty-Fifty Thousand and No/100 Dollars ($25,000). In the event that Highwoods cannot or refuses to cure an objection to the Title Report or the Survey (or existing survey[s]) which remains unacceptable to GT Gateway, then and in that event, GT Gateway may terminate this Agreement without any further claim or obligation of any kind to Highwoods, except for GT Gateway’s Continuing Indemnification Obligation (as defined in Section 4(f) below) or in the alternative, consummate the Closing in accordance with the terms of Section 5(a) below.
Matters of Title. If any objection to the title, the Surveys or the Existing Surveys is identified by Highwoods, Owner shall have the right, but not the obligation, for a period of ten (10) business days to cure Highwoods' objections to title, the Surveys or the Existing Surveys to Highwoods' reasonable satisfaction. In the event that Owner cannot or refuses to cure any such objection which remains unacceptable to Highwoods, then and in that event, Highwoods, in accordance with its other due diligence and Inspection Period rights contained herein, may terminate this Agreement without any further claim or obligation of any kind to Owner, or in the alternative, consummate the Closing in accordance with the terms of this Agreement. Notwithstanding anything else contained herein, if Highwoods has not made an objection to the title, the Surveys or the Existing Surveys by the conclusion of the Inspection Period, it shall be conclusively presumed that Highwoods is satisfied with the status of title and survey matters regarding the Land, Building, Improvements, and Personal Property as of the date of termination of the Inspection Period.
Matters of Title. The Issuer is to acquire title to the Project from the Lessee and lease the Project back to Lessee hereunder. The Issuer covenants to take all acts necessary to defend its title to the Project and will do no act to impair such title, provided that such action is approved by the Lessee and the cost of such action is paid for in advance by the Lessee, or the Issuer is indemnified for such costs by the Lessee to the Issuer's satisfaction. Except as provided herein, the Issuer shall not: (1) directly, indirectly, or beneficially sell, convey, or otherwise dispose of any part of its interest in the Project, (2) permit any part of the Project to become subject to any lien, claim of title, encumbrance, security interest, conditional sale contract, title retention arrangement, finance lease, or other charge of any kind, without the written consent of the Bank, the Lessee and the Holder, and (3) assign, transfer, or hypothecate (other than pursuant to the Bond Resolution and the Security Document) any payment of rent (or analogous payment) then due or to accrue in the future under any lease of the Project, except that if the laws of the State at the time shall permit, nothing contained in this Section shall prevent the consolidation of the Issuer with, or merger of the Issuer into, or transfer of the Project as an entirety to, any public body of the State whose property and income are not subject to taxation and which has authority to carry on the business of owning and leasing the Project, provided, that upon any such consolidation, merger, or transfer, the surviving or transferee entity shall have assumed in writing or by operation of law all obligations of the Issuer hereunder and all the obligations of the Issuer in favor of the Trustee, the Remarketing Agent, the Lessee, and the Bank under all other documents relating to the Bonds. Notwithstanding the foregoing, the Issuer may pledge the Project, the Basic Rent, and this Agreement to the Trustee to secure the Bonds and to secure the repayments of obligations of the Lessee under the Credit Agreement, and may participate in the sale of the Project or part thereof under threat of a taking by eminent domain or a sale or conveyance contemplated by any other provision of this Agreement.
Matters of Title. 8 8. [Intentionally Omitted]............................... 10
Matters of Title. (a) Other than Permitted Encumbrances, the Lessee shall not create or permit to be created or exist, and shall promptly remove and discharge, any Lien upon this Lease or any sublease permitted hereby, the Property (or Lessor's interest therein) or any part thereof or interest therein, or upon any Basic Rent, Additional Rent or other sum payable hereunder, which Lien arises for any reason, including, without limitation, any and all Liens which arise out of the ownership, use, condition, occupancy, construction, possession, repair or rebuilding of the Property or any part thereof (including, without limitation, by reason of construction of the Modifications) or by reason of labor or materials furnished or claimed to have been furnished to the Lessee or for the Property or any part thereof.
Matters of Title. The Borrower shall have satisfied the title examination and title insurance requirements set forth in Section 5.3.5.
Matters of Title. Matters relating to the nature and extent of the title to the Walker Property and to the Additional Property shall be as fxxxxxx:
Matters of Title. If any objection to the Title Report (as defined in Section 4[a] hereof) or the Survey (or existing survey(s), if applicable) is identified by G-T Gateway, WSI shall use its commercially reasonable efforts to resolve such objection to G-T Gateway’s satisfaction provided the cost of such resolution does not exceed Twenty-Fifty Thousand and No/100 Dollars ($25,000). In the event that WSI cannot or refuses to cure an objection to the Title Report or the Survey (or existing survey[s]) which remains unacceptable to G-T Gateway, then and in that event, G-T Gateway may terminate this Agreement without any further claim or obligation of any kind to WSI, except for G-T Gateway’s Continuing Indemnification Obligation (as defined in Section 3(f) below) or in the alternative, consummate the Closing in accordance with the terms of Section 5(a) below.
