Common use of Real Property; Fixtures Clause in Contracts

Real Property; Fixtures. Upon the acquisition by Borrower of any fee interest in Real Property, Borrower will promptly (and in any event within five (5) Business Days of acquisition) notify Lender of the acquisition of such Real Property and will grant to Lender a first priority (subject to Permitted Liens) Mortgage on each fee interest in Real Property now or hereafter owned by Borrower, which Real Property shall not be subject to any other Liens except Permitted Liens, and shall deliver such other documentation and opinions, in form and substance satisfactory to Lender, in connection with the grant of such Mortgage as Lender shall request in its Permitted Discretion, including appraisals, title insurance policies and endorsements, surveys, financing statements, fixture filings, flood insurance, flood insurance certifications and environmental audits and Borrower shall pay all recording costs, mortgage registration taxes, intangible taxes and other fees and costs (including reasonable attorneys fees and expenses) incurred in connection therewith. All such appraisals, title insurance policies and endorsements, environmental audits and surveys shall be prepared or issued by parties reasonably acceptable to Lender. To the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property.

Appears in 1 contract

Samples: Credit and Security Agreement (U.S. Well Services, LLC)

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Real Property; Fixtures. Upon the acquisition by Borrower any Loan Party of any fee interest in Real Property, Borrower such Loan Party will promptly (and in any event within five two (52) Business Days of acquisition) notify Lender of the acquisition of such Real Property and will grant to Lender a first priority (subject to Permitted Liens) Mortgage on each fee interest in Real Property now or hereafter owned by Borrowersuch Loan Party, which Real Property shall not be subject to any other Liens except Permitted Liens, and shall deliver such other documentation and opinions, in form and substance satisfactory to Lender, in connection with the grant of such Mortgage as Lender shall request in its Permitted Discretion, including appraisals, title insurance policies and endorsements, surveys, financing statements, fixture filings, flood insurance, flood insurance certifications and environmental audits and Borrower such Loan Party shall pay all recording costs, mortgage registration taxes, intangible taxes and other fees and costs (including reasonable attorneys fees and expenses) incurred in connection therewith. All such appraisals, title insurance policies and endorsements, environmental audits and surveys shall be prepared or issued by parties reasonably acceptable to Lender. To the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property.

Appears in 1 contract

Samples: Credit Agreement (BBX Capital Corp)

Real Property; Fixtures. Upon the acquisition by any Borrower of any fee interest in Real Property, such Borrower will promptly (and in any event within five (5) 2 Business Days of acquisition) notify Lender of the acquisition of such Real Property and will grant to Lender a first priority (subject to Permitted Liens) Mortgage on each fee interest in Real Property now or hereafter owned by such Borrower, which Real Property shall not be subject to any other Liens except Permitted Liens, and shall deliver such other documentation and opinions, in form and substance satisfactory to Lender, in connection with the grant of such Mortgage as Lender shall request in its Permitted Discretion, including appraisals, title insurance policies and endorsements, surveys, financing statements, fixture filings, flood insurance, flood insurance certifications and environmental audits and such Borrower shall pay all recording costs, mortgage registration taxes, intangible taxes and other fees and costs (including reasonable attorneys fees and expenses) incurred in connection therewith. All such appraisals, title insurance policies and endorsements, environmental audits and surveys shall be prepared or issued by parties reasonably acceptable to Lender. To the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property.

Appears in 1 contract

Samples: Credit and Security Agreement (Charles & Colvard LTD)

Real Property; Fixtures. Upon the acquisition by Borrower any Loan Party of any fee interest in Real Property, Borrower such Loan Party will promptly (and in any event within five (5) 5 Business Days of acquisition) notify Lender of the acquisition of such Real Property and and, upon Lender’s request, will grant to Lender a first priority (subject to Permitted Liens) Mortgage on each fee interest in Real Property now or hereafter owned by Borrowersuch Loan Party, which Real Property shall not be subject to any other Liens except Permitted Liens, and shall deliver such other documentation and opinions, in form and substance satisfactory US.55515997.06 to Lender, in connection with the grant of such Mortgage as Lender shall request in its Permitted Discretion, including appraisals, title insurance policies and endorsements, surveys, financing statements, fixture filings, flood insurance, flood insurance certifications and environmental audits and Borrower such Loan Party shall pay all recording costs, mortgage registration taxes, intangible taxes and other fees and costs (including reasonable attorneys attorneys’ fees and expenses) incurred in connection therewith. All such appraisals, title insurance policies and endorsements, environmental audits and surveys shall be prepared or issued by parties reasonably acceptable to Lender. To the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property.;

Appears in 1 contract

Samples: Credit and Security Agreement (Orion Energy Systems, Inc.)

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Real Property; Fixtures. Upon the acquisition by Borrower any Loan Party of any fee interest in Real Property, Borrower such Loan Party will promptly (and in any event within five (5) 2 Business Days of acquisition) notify Lender of the acquisition of such Real Property and will grant to Lender a first priority (subject to Permitted Liens) Mortgage on each fee interest in Real Property now or hereafter owned by Borrowersuch Loan Party, which Real Property shall not be subject to any other Liens except Permitted Liens, and shall deliver such other documentation and opinions, in form and substance satisfactory to Lender, in connection with the grant of such Mortgage as Lender shall request in its Permitted Discretion, including appraisals, title insurance policies and endorsements, surveys, financing statements, fixture filings, flood insurance, flood insurance certifications and environmental audits and Borrower such Loan Party shall pay all recording costs, mortgage registration taxes, intangible taxes and other fees and costs (including reasonable attorneys fees and expenses) incurred in connection therewith. All such appraisals, title insurance policies and endorsements, environmental audits and surveys shall be prepared or issued by parties reasonably acceptable to Lender. To the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property.;

Appears in 1 contract

Samples: Credit and Security Agreement (Startek Inc)

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