New Mortgages Sample Clauses

New Mortgages. The Administrative Agent shall have received, with respect to each Mortgaged Property (other than any Mortgaged Property that was subject to a Mortgage in favor of Collateral Agent prior to the Restatement Date), each of the following (except as otherwise set forth on Schedule 8.17), in form and substance reasonably satisfactory to the Administrative Agent:
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New Mortgages. On the Restatement Effective Date, the Borrower will, or will cause its Subsidiaries to, deliver to the Collateral Agent (i) fully executed counterparts of deeds of trust, mortgages and similar documents in each case in form and substance satisfactory to the Collateral Agent (each a "New Mortgage" and, collectively, the "New Mortgages") covering all of the Mortgaged Properties listed on Part A of Annex VIII and designated as "New Mortgaged Properties" thereon (each a "New Mortgaged Property" and, collectively, the "New Mortgaged Properties"), and counterparts of such New Mortgages shall have been duly recorded or delivered to the Collateral Agent for recording in all places to the extent necessary or, in the reasonable judgment of the Collateral Agent, desirable, effectively to create a valid and enforceable first priority mortgage Lien, subject only to Permitted Encumbrances, on each such New Mortgaged Property in favor of the Collateral Agent (or such other trustee as may be required or desirable under local law) for the benefit of the Administrative Agent and the Banks, (ii) mortgage title insurance policies issued by title insurers reasonably satisfactory to the Collateral Agent (the "New Mortgage Policies") in amounts reasonably satisfactory to the Collateral Agent and assuring the Collateral Agent that the New Mortgages in respect of the New Mortgaged Properties are valid and enforceable first priority mortgage Liens on the respective New Mortgaged Properties free and clear of all defects and encumbrances except Permitted Encumbrances, and such New Mortgage Policies shall be in form and substance reasonably satisfactory to the Collateral Agent and shall include an endorsement for mechanic liens and for any other matter that the Collateral Agent in its discretion may reasonably request and (iii) such opinions of counsel as the Collateral Agent may reasonably request in connection with such New Mortgages, which opinions of counsel shall be in form and substance satisfactory to the Collateral Agent.
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New Mortgages. If any Borrower shall acquire at any time or times hereafter any fee or ground leasehold interest in any real property, such Borrower agrees promptly to notify the Bank thereof in writing and, if requested by the Bank, to execute and deliver to the Bank, as additional security and collateral for the Obligations, deeds of trust, security deeds, mortgages or other collateral assignments satisfactory in form and substance to the Bank and its counsel (herein collectively referred to as "New Mortgages") covering such real property. Each New Mortgage shall be duly recorded in each office where such recording is required to constitute a valid lien on the real property covered thereby. The Borrowers shall deliver to the Bank, if requested by the Bank, at the Borrowers' expense, a satisfactory mortgagee title insurance policy with respect to each New Mortgage, issued by a title insurance company satisfactory to the Bank, insuring a valid first lien in favor of the Bank on the real property covered thereby. The Borrowers shall deliver to the Bank such other items and documents, as the Bank and its counsel may reasonably request, relating to the real property subject to any New Mortgage.
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New Mortgages. 6.1 The Portfolio may be augmented from time to time by the sale to the Fund on any Assignment Date of New Mortgages by the Seller in accordance with the Mortgage Sale Agreement.
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New Mortgages. The New Mortgages in form and substance satisfactory to Safeguard, and substantially in the forms attached hereto as Exhibits B-1 and B-2, respectively, for each of the properties listed on Schedule 1.3, other than the Vassar Street Property.
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New Mortgages. For each New Mortgaged Property, other than 651 Anchors Street, Fort Walton Beach, Florida (the "Xxx Xxxxxxx Xxxxxxxx") xxxxx xxxx be encumbered pursuant to the First Amendment to Florida Mortgage, a fully executed and notarized Mortgage (each, a "New Mortgage"), in proper form for recording in the appropriate place in the applicable jurisdiction, encumbering each Real Property Asset listed in Part A-1 of Schedule 5.5B annexed hereto (each such listed Real Property Asset, including the New Florida Property, being collectively, the "New Mortgaged Properties").
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New Mortgages. If this Contract provides for Buyer to obtain a new mortgage, then Xxxxx’s performance under this Contract shall be 79 contingent upon Xxxxx’s obtaining said mortgage financing at an initial interest rate, not to exceed % (if blank, then prevailing rate based upon 80 Buyer’s creditworthiness) and for a period of years. (30 years if left blank). In the event Xxxxx executes a new mortgage, all charges 81 incidental to the mortgage shall be paid by the Buyer. In the event a letter of approval for said financing is not obtained within calendar days 82 (30 days if blank is not filled in) from the Effective Date of this Contract, then either party may terminate this Contract by delivery of written notice to 83 the other party or his Agent, the deposit(s) shall be returned to the Buyer and all parties shall be released from all further obligations hereunder. Buyer 84 hereby authorizes the mortgage broker and lender to keep Seller and all Brokers fully informed about loan application status, seasoned funds, credit 85 scores, employment verification, loan application progress, and commitment issues.
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New Mortgages. The Borrower will, and will cause each of its Subsidiaries to deliver the following within 30 days after the Restatement Effective Date (or, in the case of clause (iii) below, such longer period as the Collateral Agent may agree):
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New Mortgages. The Agent shall have received mortgages, duly executed by the Company, covering all real property of the Company to be included in the Leased Real Estate Borrowing Base Amount and not already subject to a mortgage in favor of the Agent, for the benefit of the Lenders, if any.
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Related to New Mortgages

  • Mortgages; Deeds of Trust The Company has provided to the Sales Agent true and complete copies of all credit agreements, mortgages, deeds of trust, guaranties, side letters, and other material documents evidencing, securing or otherwise relating to any secured or unsecured indebtedness of the Company or any of its subsidiaries, and none of the Company and its subsidiaries that is party to any such document is in default thereunder, nor has an event occurred which with the passage of time or the giving of notice, or both, would become a default by any of them under any such document.

  • Mortgages In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures and real property leases, letting and licenses of, and contracts, and agreements relating to the lease of, real property, and the terms of this Agreement shall control in the case of all other Collateral.

  • Mortgages, etc (i) The Administrative Agent shall have received a Mortgage with respect to each Mortgaged Property, executed and delivered by a duly authorized officer of each party thereto.

  • SUBORDINATION TO MORTGAGES This Lease and all of Tenant's rights hereunder are subject and subordinate to any Mortgage now or hereafter placed on or affecting the Building, and all renewals, modifications, replacements, amendments and extensions thereof. Upon written request or notice by Landlord, concurred in by any Mortgagee of the Building or any part thereof which includes the Premises, or by any person, firm or corporation intending to become a Mortgagee, Tenant agrees to subordinate its rights under this Lease to the lien or liens of any Mortgage and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof, provided the Mortgagee named in a Mortgage shall agree to recognize the lease of Tenant in the event of foreclosure if Tenant is not in default. Tenant also agrees that any Mortgagee may elect to have this Lease prior to the lien of its Mortgage, and in the event of such election and upon notification by such Mortgagee to Tenant to that effect, this Lease shall be deemed prior in lien to the Mortgage, whether this Lease is dated prior to or subsequent to the date of the Mortgage. Tenant agrees that, upon the request of Landlord or any Mortgagee named in such Mortgage, it will execute and deliver whatever instruments may be required for such purposes. Tenant will, in the event of the sale or assignment of Landlord's interest in the Building or in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under any Mortgage covering the Building, attorn to and recognize such purchaser or Mortgagee as Landlord under this Lease to the same extent and effect as the original Landlord.

  • Other Mortgage Liens None of the Mortgage Loans permits the related Mortgaged Property to be encumbered by any mortgage lien junior to or of equal priority with the lien of the related Mortgage without the prior written consent of the holder thereof or the satisfaction of debt service coverage or other underwriting criteria specified therein. To the Mortgage Loan Seller's knowledge, except for cases involving Cross-Collateralized Mortgage Loans, none of the Mortgaged Properties securing the Mortgage Loans is encumbered by any mortgage liens junior to or of equal priority with the liens of the related Mortgage. Each of the related Mortgage Loan Documents requires the Borrower to pay all reasonable costs and expenses related to obtaining consent to an encumbrance.

  • Deeds of Trust In the event the Mortgage constitutes a deed of trust, a trustee, authorized and duly qualified under applicable law to serve as such, has been properly designated and currently so serves and is named in the Mortgage, and no fees or expenses are or will become payable by the Purchaser to the trustee under the deed of trust, except in connection with a trustee's sale after default by the Mortgagor;

  • Leasehold Mortgages Subject to the requirements of this Article XX, Lessee may assign or encumber Lessee’s interest in the Leasehold as security for any debt or obligation of Lessee [to an Institutional Investor] by a Leasehold Mortgage containing such terms and provisions as Lessee may, in its sole discretion, deem fit and proper; provided, however, that all right, title and interest acquired by such Leasehold Mortgagee under such Leasehold Mortgage from Lessee shall be subject to this Lease and to the rights and interests of Lessor herein and to the rights of any holder of a Fee Mortgage arising under or by virtue of this Lease. Lessor shall have the right to request and, Lessee shall use its commercially reasonable efforts to obtain, a non-disturbance agreement from any Leasehold Mortgagee, in favor of Lessor and any holder of a Fee Mortgage, confirming that the provisions of this Lease, including the provisions of this Section 20.2, will be honored by and binding upon any Leasehold Mortgagee, and further containing such other terms and conditions as the holder of a Fee Mortgage shall reasonably request, including attornment of Lessee to the holder of the Fee Mortgage in the event the holder of the Fee Mortgage succeeds to the interest of Lessor hereunder.

  • Releases of Mortgaged Properties No Mortgage Note or Mortgage requires the mortgagee to release all or any material portion of the related Mortgaged Property from the lien of the related Mortgage except upon (i) payment in full of all amounts due under the related Mortgage Loan or (ii) delivery of "government securities" within the meaning of Section 2(a)(16) of the Investment Company Act of 1940, as amended (the "Investment Company Act"), in connection with a defeasance of the related Mortgage Loan; provided that the Mortgage Loans that are Crossed Loans, and the other individual Mortgage Loans secured by multiple parcels, may require the respective mortgagee(s) to grant releases of portions of the related Mortgaged Property or the release of one or more related Mortgaged Properties upon (i) the satisfaction of certain legal and underwriting requirements or (ii) the payment of a release price in connection therewith; and provided, further, that certain Crossed Groups or individual Mortgage Loans secured by multiple parcels may permit the related Mortgagor to obtain the release of one or more of the related Mortgaged Properties by substituting comparable real estate property, subject to, among other conditions precedent, receipt of confirmation from each Rating Agency that such release and substitution will not result in a qualification, downgrade or withdrawal of any of its then-current ratings of the Certificates; and provided, further, that any Mortgage Loan may permit the unconditional release of one or more unimproved parcels of land to which the Seller did not give any material value in underwriting the Mortgage Loan.

  • Property Mortgaged Borrower does hereby irrevocably mortgage, grant, bargain, sell, pledge, assign, warrant, transfer and convey to Lender, and grant a security interest to Lender in, the following property, rights, interests and estates now owned, or hereafter acquired by Borrower (collectively, the "Property"):

  • Assignment of Mortgage An assignment of the Mortgage, notice of transfer or equivalent instrument in recordable form, sufficient under the laws of the jurisdiction wherein the related Mortgaged Property is located to reflect the transfer of the Mortgage to the party indicated therein, which assignment, notice of transfer or equivalent instrument may be in the form of one or more blanket assignments covering the Mortgage Loans secured by Mortgaged Properties located in the same jurisdiction, if permitted by law. Best Efforts: Efforts determined to be reasonably diligent by the Seller or the Servicer, as the case may be, in its sole discretion. Such efforts do not require the Seller or the Servicer, as the case may be, to enter into any litigation, arbitration or other legal or quasi-legal proceeding, nor do they require the Seller or the Servicer, as the case may be, to advance or expend fees or sums of money in addition to those specifically set forth in this Agreement.

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