Common use of Property Materials Clause in Contracts

Property Materials. If following an Event of Default after the Effective Date a sheriff’s, clerk’s or trustee’s deed for the Property is issued to Lender or its designee pursuant to a judicial or trustee’s sale, or if Lender or its designee acquires the Property by Deed in Lieu of Foreclosure or otherwise, promptly upon request by such acquiring party, Borrower and, as applicable, Maryland Loan Guarantor shall deliver and/or pay to Lender or its designee the following (to the extent in its possession) as to all or any portion of the Property acquired by Lender or its designee: (i) possession of the Property, (ii) the originals (or true and correct copies, if the originals are not available) of all guaranties and warranties given with respect to all or any portion of the Property or any improvement located thereon which Borrower and, as applicable, Maryland Loan Guarantor has in its possession, (iii) the originals (or true and correct copies, if the originals are not available) of all service contracts and management agreements then in effect with respect to the Property, (iv) the originals (or true and correct copies, if the originals are not available) of all plans, specifications, working drawings and surveys of or relating to the Property or to the construction of the buildings and related improvements located thereon, (v) the originals (or true and correct copies, if the originals are not available) of all governmental consents, approvals, licenses, permits, certificates of occupancy, zoning approvals, building permits and similar documents relating to the Property, (vi) copies of all books and records in any way relating to the Property, (vii) the balance of any funds in any security deposit accounts and any and all other tenant security deposits, and any and all advance rentals or similar fees, if any, (viii) the originals (or true and correct copies, if the originals are not available) of all termite or other inspection reports, bonds, warranties and guaranties relating to the Property, (ix) any and all income from the Property received by or on behalf of Borrower and, as applicable, Maryland Loan Guarantor and then being held by or on behalf of Borrower and, as applicable, Maryland Loan Guarantor; (x) true and correct copies of all certificates, binders and policies of insurance relating to the Property, (xi) the originals (or true and correct copies, if the originals are not available) of all contracts and agreements with contractors, architects, engineers, surveyors and others relating to all or any portion of the Property, (xii) the originals (or true and correct copies, if the originals are not available) of all tenant leases and occupancy agreements affecting all or any portion of the Property, (xiii) all leasing and other files, books and records with respect to all or any portion of the Property, and (xiv) any bankruptcy claims relating to any current or former tenant of the Property, duly assigned to Lender or its designee.

Appears in 1 contract

Sources: Loan and Security Agreement (BlueLinx Holdings Inc.)

Property Materials. If following an Event of Default after the Effective Date a sheriff’s, clerk’s or trustee’s deed for the any Property is issued to Lender or its designee pursuant to a judicial or trustee’s sale, or if Lender or its designee acquires the any Property by Deed in Lieu of Foreclosure or otherwise, or if a Consensual Sale of the Property is consummated in accordance with this Agreement, promptly upon request by such acquiring party, Borrower and, as applicable, Maryland Loan Guarantor shall deliver and/or pay to Lender or its designee or a Potential Purchaser the following (to the extent in its possession) as to all or any portion of the such Property acquired by Lender or its designeedesignee or a Potential Purchaser, to the extent applicable and in Borrower’s possession or control: (i) possession of such Property, including all tangible personalty located on, or in, or attached to, or used in connection with the hotel and/or such Property, (ii) the originals (or true and correct copies, if the originals are not available) of all guaranties and warranties given with respect to all or any portion of the such Property or any improvement located thereon which Borrower and, as applicable, Maryland Loan Guarantor has in its possession, (iii) the originals (or true and correct copies, if the originals are not available) of all service contracts contracts, franchise agreements and management agreements then in effect with respect to the such Property, (iv) the originals (or true and correct copies, if the originals are not available) of all plans, specifications, working drawings and surveys of or relating to the such Property or to the construction of the buildings and related improvements located thereon, (v) the originals (or true and correct copies, if the originals are not available) of all governmental consents, approvals, licenses (including, but not limited to, liquor licenses), permits, certificates of occupancy, zoning approvals, building permits and similar documents relating to the such Property, (vi) copies of all books and records in any way relating to the such Property, (vii) the balance of any funds in any security deposit accounts and any and all other tenant security deposits, and any and all advance rentals room rentals, pre-paid rent or reservation deposits paid by tenants, customers (i.e., related to banquet services/facilities) or hotel guests, or similar fees, fees (if any), (viii) the originals (or true and correct copies, if the originals are not available) of all termite or other inspection reports, bonds, warranties and guaranties relating to the such Property, (ix) any and all income from the such Property received by or on behalf of Borrower and, as applicable, Maryland Loan Guarantor and then being held by or on behalf of Borrower andParties, as applicablewhich may include receivables, Maryland Loan Guarantorrevenues, profits or other value generated from food, beverage and banquet services, room service, public room revenues, concession agreements, health club or spa revenues and other services rendered to guests of, or visitors to, such Property (except same shall be delivered to Lender and not to a Potential Purchaser); (x) the originals (or true and correct copies copies, if the originals are not available) of all certificates, binders and policies of insurance relating to the such Property, (xi) the originals (or true and correct copies, if the originals are not available) of all contracts and agreements with contractors, architects, engineers, surveyors and others relating to all or any portion of the Propertysuch Property or for service, labor (i.e. collective bargaining/union/employee benefit plans), maintenance, repair, equipment and operation, (xii) the originals (or true and correct copies, if the originals are not available) of all tenant leases and occupancy agreements affecting all or any portion of the such Property, if any, (xiii) all leasing and other files, books and records with respect to all or any portion of the Property, such Property and (xiv) any bankruptcy claims relating to any current or former tenant tenant(s) of the such Property, duly assigned to Lender or its designeedesignee or a Potential Purchaser.

Appears in 1 contract

Sources: Loan Modification Agreement (Hospitality Investors Trust, Inc.)

Property Materials. If following an Event of Default after the Effective Date Following a sheriff’sTermination Event, clerk’s or trustee’s deed if a vesting document for the Property is issued or executed and delivered to Lender or its designee pursuant to in connection with a judicial or trustee’s sale, or if Lender or its designee acquires the Property by Deed in Lieu of Foreclosure or otherwiseProceeding, promptly upon request by such acquiring party, Borrower andshall deliver, as applicable, Maryland Loan Guarantor shall deliver transfer and/or pay to Lender or its designee Lender, the following (following, all to the extent in its possession) Borrower’s or Borrower’s property manager’s possession and/or control as to all or any portion of the Property acquired by Lender or its designee: (i) possession of the Property, including all tangible personalty located on, or in, or attached to, or used in connection with the hotel and/or Property, (ii) the originals (or true and correct copies, if the originals are not available) of all guaranties and warranties given with respect to all or any portion of the Property or any improvement located thereon which Borrower and, as applicable, Maryland Loan Guarantor has in its possession, (iii) the originals (or true and correct copies, if the originals are not available) of all service contracts contracts, franchise agreements and management agreements then in effect with respect to the Property, (iv) the originals (or true and correct copies, if the originals are not available) of all plans, specifications, working drawings and surveys of or relating to the Property or to the construction of the buildings and related improvements located thereon, (v) the originals (or true and correct copies, if the originals are not available) of all governmental consents, approvals, licenses (including, but not limited to, liquor licenses), permits, certificates of occupancy, zoning approvals, building permits and similar documents relating to the Property, (vi) copies of all books and records in any way relating to the Property, (vii) the balance of any funds in any security deposit accounts and any and all other tenant security deposits, and any and all advance rentals room rentals, pre-paid rent or reservation deposits paid by tenants, customers (i.e., related to banquet services/facilities) or hotel guests, or similar fees, fees (if any), (viii) the originals (or true and correct copies, if the originals are not available) of all termite or other inspection reports, bonds, warranties and guaranties relating to the Property, (ix) any and all income from the Property received by or on behalf of Borrower and, as applicable, Maryland Loan Guarantor ▇▇▇▇▇▇▇▇ and then being held by or on behalf of Borrower andParties, as applicablewhich may include receivables, Maryland Loan Guarantorrevenues, profits or other value generated from food, beverage and banquet services, room service, public room revenues, concession agreements, health club or spa revenues and other services rendered to guests of, or visitors to, the Property; (x) the originals (or true and correct copies copies, if the originals are not available) of all certificates, binders and policies of insurance relating to the Property, (xi) the originals (or true and correct copies, if the originals are not available) of all contracts and agreements with contractors, architects, engineers, surveyors and others relating to all or any portion of the PropertyProperty or for service, labor (i.e. collective bargaining/union/employee benefit plans), maintenance, repair, equipment and operation, (xii) the originals (or true and correct copies, if the originals are not available) of all tenant leases and occupancy agreements affecting all or any portion of the Property, if any, (xiii) all leasing and other files, books and records with respect to all or any portion of the Property, Property and (xiv) any bankruptcy claims relating to any current or former tenant tenant(s) of the Property, duly assigned to Lender or its designee.

Appears in 1 contract

Sources: Forbearance Agreement (Sotherly Hotels Lp)

Property Materials. If following an Event of Default after the Effective Date a sheriff’s, clerk’s or trustee’s deed for the Property is issued to Lender or its designee pursuant to a judicial or trustee’s sale, or if Lender or its designee acquires the Property by Deed deed in Lieu lieu of Foreclosure foreclosure or otherwise, promptly upon request by such acquiring partyLender, Borrower and, as applicable, Maryland Loan Guarantor shall deliver and/or pay to Lender or its designee Lender, the following (to the extent in its possession) as to all or any portion of the Property acquired by Lender provided same are in Borrower’s possession or its designeecontrol: (i) possession of the Property, (ii) the originals (or true and correct copies, if the originals are not available) of all guaranties and warranties given with respect to all or any portion of the Property or any improvement located thereon which Borrower and, as applicable, Maryland Loan Guarantor has in its possession, (iii) the originals (or true and correct copies, if the originals are not available) of all service contracts and management agreements then in effect with respect to the Property, (iv) the originals (or true and correct copies, if the originals are not available) of all plans, specifications, working drawings and surveys of or relating to the Property or to the construction of the buildings and related improvements located thereon, (v) the originals (or true and correct copies, if the originals are not available) of all governmental consents, approvals, licenses, permits, certificates of occupancy, zoning approvals, building permits and similar documents relating to the Property, (vi) copies of all books and records in any way relating to the Property, (vii) the balance of any funds in any security deposit accounts and any and all other tenant security deposits, and any and all advance rentals or similar fees, if any, (viii) the originals (or true and correct copies, if the originals are not available) of all termite or other inspection reports, bonds, warranties and guaranties relating to the Property, (ix) any and all income from the Property received by or on behalf of Borrower and, as applicable, Maryland Loan Guarantor and then being held by or on behalf of Borrower and, as applicable, Maryland Loan GuarantorBorrower; (x) the originals (or true and correct copies copies, if the originals are not available) of all certificates, binders and policies of insurance relating to the Property, (xi) the originals (or true and correct copies, if the originals are not available) of all contracts and agreements with contractors, architects, engineers, surveyors and others relating to all or any portion of the Property, (xii) the originals (or true and correct copies, if the originals are not available) of all tenant leases and occupancy agreements affecting all or any portion of the Property, (xiii) all leasing and other files, books and records with respect to all or any portion of the Property, and (xiv) any bankruptcy claims relating to any current or former tenant of the Property, duly assigned to Lender or its designee.

Appears in 1 contract

Sources: Loan Modification Agreement (Kv Pharmaceutical Co /De/)