Common use of Real Estate Collateral Clause in Contracts

Real Estate Collateral. The Mortgages create, as security for the obligations purported to be secured thereby, a valid and enforceable and, upon proper recording in the appropriate jurisdictions, perfected Lien on all of the Mortgaged Properties (including, without limitation, all fixtures and improvements relating to such Mortgaged Properties and affixed or added thereto on or after the Closing Date) in favor of Collateral Agent (or such other trustee as may be named therein) for the benefit of the Secured Creditors, (i) superior to and prior to the rights of all third Persons and (ii) subject to no other Liens (in case of each of (i) and (ii)), other than Permitted Real Property Encumbrances and, in the case of fixtures and improvements, Permitted Liens). Schedule 6.11(c) contains a true and complete list of each parcel of real property owned in fee or leased by any Credit Party on the date hereof, the type of interest therein held by such Credit Party and whether such real property will be encumbered by a Mortgage. Each of the applicable Credit Parties designated on Schedule 6.11(c) has good and indefeasible title to all its Mortgaged Properties free and clear of all Liens except those described in the first sentence of this Section 6.11(c).

Real Estate Collateral. The Mortgages create, as security for the obligations purported to be secured thereby, a valid and enforceable and, upon proper recording in the appropriate jurisdictions, perfected Lien on all of the Mortgaged Properties (including, without limitation, all fixtures and improvements relating to such Mortgaged Properties and affixed or added thereto on or after the Closing Initial Borrowing Date) in favor of Collateral Administrative Agent (or such other trustee as may be named therein) for the benefit of the Secured Creditors, (i) superior to and prior to the rights of all third Persons and (ii) subject to no other Liens (in case of each of (i) and (ii)), other than Permitted Real Property Encumbrances and, in the case of fixtures and improvements, Permitted Liens). Schedule 6.11(c) contains a true and complete list of each parcel of real property owned in fee or leased by any Credit Party on the date hereof, the type of interest therein held by such Credit Party and whether such real property will be encumbered by a Mortgage. Each of the applicable Credit Parties designated on Schedule 6.11(c) has good and indefeasible title to all its Mortgaged Properties free and clear of all Liens except those described in the first sentence of this Section 6.11(c).

Real Estate Collateral. The Mortgages Mortgages, if any, executed after the Closing Date create, as security for the obligations purported to be secured thereby, a valid and enforceable and, upon proper recording perfected security interest in the appropriate jurisdictions, perfected and Lien on all of the Mortgaged Properties (including, without limitation, all fixtures and improvements relating to such Mortgaged Properties and affixed or added thereto on or after the Closing Date) Date in favor of Collateral Agent (or such other trustee as may be named therein)) for the benefit of the Secured Creditors, (i) superior to and prior to the rights of all third Persons (except that the security interest created in the Mortgaged Properties may be subject to the Permitted Liens related thereto) and (ii) subject to no other Liens (in case of each of (i) and (ii)), other than Permitted Real Property Encumbrances and, in the case of fixtures and improvements, Permitted LiensLiens permitted under Section 8.1). Schedule 6.11(c) ), contains a true and complete list of each parcel of real property Real Property owned in fee or leased by any Holdings and its Subsidiaries on the Closing Date, identifies which Credit Party on the date hereof, has an interest therein and the type of interest therein held by such Credit Party and whether such real property will be encumbered by a MortgageParty. Each of the applicable Credit Parties designated on Schedule 6.11(c) has Party will have good and indefeasible marketable title to all its Mortgaged Properties of such Credit Party free and clear of all Liens except those described in the first sentence of this Section 6.11(c).