Real Property Mortgage Sample Clauses

Real Property Mortgage. The Issuer will use its commercially reasonable efforts to complete or cause to be completed on or prior to the Issue Date all filings and other similar actions required or desirable on its part in connection with the creation, perfection, protection and/or reaffirmation of such security interests in favor of the Notes and the Note Guarantees. In the case of real property constituting Mortgaged Property, the Issuer shall deliver to the Collateral Agent, within 270 days after the Issue Date (or such longer period as the Collateral Agent may agree in its sole discretion): (a) counterparts of amended or amended and restated mortgages securing the Obligations with respect to the Notes and the Note Guarantees, duly executed and delivered by the Grantor that is the record owner of each applicable Mortgaged Property and the Collateral Agent and otherwise suitable for recording and in form and substance sufficient to grant to the Collateral Agent for the benefit of the Senior-Priority Non-ABL Secured Parties a valid mortgage lien on such real property; (b) title searches confirming that there are no Liens of record in violation of the applicable mortgage; (c) modification and date down endorsements to the existing title insurance policies; provided, however, with respect to the Mortgaged Properties located in Texas, a title search and T-38 endorsement, to the extent available, and, with respect to Mortgaged Properties in New Mexico, a title search and a modification endorsement; and (d) local counsel opinions, and any other documents reasonably requested by the Collateral Agent in respect of the amended or amended and restated mortgages.
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Real Property Mortgage. The Issuer will complete or cause to be completed on or within five (5) Business Days following the Issue Date all filings and other similar actions required or desirable on its part in connection with the creation and perfection of such security interests in favor of the Notes and the Note Guarantees. In the case of real property constituting Mortgaged Property, (i) the Issuer shall deliver to the Trustee, within 90 days after the Issue Date, an Officer’s Certificate certifying (a) that the security interests in all of the Collateral have been perfected other than with respect to the Mortgaged Property, (b) the percentage of aggregate fair market value of the Mortgaged Property with respect to which mortgages have been duly executed and delivered to the Junior-Priority Collateral Agent and (c) the steps that have been initiated for purposes of executing and delivering mortgages to the Junior-Priority Collateral Agent with respect to the remainder of the Mortgaged Property, (ii) the Issuer shall deliver to the Trustee, within 180 days after the Issue Date, an Officer’s Certificate certifying that mortgages with respect to at least 90% in aggregate fair market value of the Mortgaged Property have been duly executed and delivered to the Junior-Priority Collateral Agent and (iii) the Issuer shall deliver to the Junior-Priority Collateral Agent within 180 days of the Issue Date (as may be extended with respect to up to 10% in aggregate fair market value of the Mortgaged Property as the Issuer determines is reasonably necessary to deliver using commercially reasonable efforts) (a) mortgages securing the Obligations with respect to the Notes and the Note Guarantees, duly executed and delivered by the Grantor that is the record owner of each applicable Mortgaged Property and otherwise suitable for recording and in form and substance sufficient to grant to the Junior-Priority Collateral Agent for the benefit of the Junior-Priority Secured Parties a valid mortgage lien on such real property, (b) title insurance policies, together with customary endorsements, insuring the mortgages to be valid and subsisting liens on the applicable Mortgaged Property described therein, free and clear of all defects, excepting only Permitted Liens and other Liens permitted by this Indenture, and (c) local counsel opinions, and any other documents reasonably requested by the Junior-Priority Collateral Agent in respect of the mortgages; provided, however, such documents will be substan...
Sample 1Sample 2
Real Property Mortgage. The Issuer will use its commercially reasonable efforts to complete or cause to be completed on or prior to the Issue Date all filings and other similar actions required or desirable on its part in connection with the creation, perfection, protection and/or reaffirmation of such security interests in favor of the Notes and the Note Guarantees. In the case of real property constituting Mortgaged Property immediately prior to the Issue Date, the Issuer shall deliver to the Collateral Agent within 270 days of the Issue Date (or such longer period as the Collateral Agent may agree in its sole discretion) (i) counterparts of amended or amended and restated mortgages securing the Obligations with respect to the Notes and the Note Guarantees, duly executed and delivered by the Collateral Agent and the Grantor that is the record owner of each applicable Mortgaged Property and otherwise suitable for recording and in form and substance sufficient to grant to the Collateral Agent for the benefit of the Secured Parties a valid mortgage lien on such real property, (ii) title searches confirming that there are no Liens of record in violation of the applicable mortgage, (iii) modification and date down endorsements to the existing title insurance policies, or new policies, to the extent such endorsements are not available and (iv) local counsel opinions, and any other documents reasonably requested by the Collateral Agent in respect of the amended or amended and restated mortgages (including flood determinations and flood insurance required by Regulation H).
Sample 1
Real Property Mortgage. Nord Pacific consents to Nord Australex entering into the Real Property Mortgage. 5 PAYMENT OF SECURED MONEY
Sample 1
Real Property Mortgage. As security of the payment of principal, accrued interest and all other Obligations under this Agreement, Borrower shall execute the form Mortgage previously presented by ICM, granting a first priority security interest in to ICM in and to all of Borrowers right, title and interest in the Real Property including the Facility being constructed thereon and all present and future improvements and fixtures attached thereto. Such Mortgage shall be subject only to the following prior Mortgages: i) from Borrower in favor of Xxxxxxx X. Xxxxxx, Xx. and Xxxxx Xxxxxx, husband and wife, and the Xxxxxxx X. Xxxxxx and Xxxxx Xxxx Xxxxxx Living Trust, dated August 30, 2005, in the original amount of Nine Hundred Fifty-Five Thousand Dollars ($955,000.00), dated September 28, 2006, recorded in Liber 816 at Page 1447, covering certain real property identified as Parcel 1 on Exhibit “A” to the Mortgage to be executed concurrent with the execution of this Agreement and ii) from Borrower in favor of Xxxxx X. Xxxx and Xxxxxx X. Xxxx as Trustees of the Xxxx Living Trust, dated December 9, 1994, in the original amount of One Hundred Forty-Eight Thousand Two Hundred-Thirty Dollars ($148,230.00), dated November 16, 2006, recorded in Liber 818 at Page 1485, covering certain real property identified as Parcel 4 on Exhibit “A” to the Mortgage to be executed concurrent with this Agreement.
Sample 1
Real Property Mortgage. If by September 30, 2000 the Company shall not have completed the sale of its Engineered Products Division for cash in an amount not less than $150 million and satisfied the other requirements of Section 2.1 of the Third Amendment to the Credit Agreement, as soon as practicable after September 30, 2000, (a) execute and deliver a first priority mortgage (other than with respect to Liens permitted by subsection 14.3 of this Agreement) to secure the Obligations in form and substance satisfactory to the Documentation Agent in favor of the Documentation Agent, for the benefit of the Lenders, covering each parcel of real property then owned in fee by the Company or its Subsidiary Guarantors, which are Domestic Subsidiaries, having a fair market value in excess of $1,000,000, (b) provide the Lenders with title reports covering such interest in real property, in form and substance reasonably satisfactory to the Documentation Agent, (c) use reasonable best efforts to obtain any consents or estoppels reasonably deemed necessary or advisable by the Documentation Agent in connection with such mortgage or deed of trust, in form and substance reasonably satisfactory to the Documentation Agent and (d) if requested by the Documentation Agent, deliver to the Documentation Agent legal opinions relating to the matters described above, which opinions shall be in form and substance, and from counsel, reasonably satisfactory to the Documentation Agent. The real property mortgages referred to in this subsection 13.10 shall secure the Obligations; provided that, if a tax shall be imposed on the recording of a mortgage referred to in this subsection, any such mortgage shall be limited to an amount equal to 100% of the fair market value of the applicable property."
Sample 1

Related to Real Property Mortgage

  • 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"):

  • Ground Leases For purposes of this Exhibit C, a “Ground Lease” shall mean a lease creating a leasehold estate in real property where the fee owner as the ground lessor conveys for a term or terms of years its entire interest in the land and buildings and other improvements, if any, comprising the premises demised under such lease to the ground lessee (who may, in certain circumstances, own the building and improvements on the land), subject to the reversionary interest of the ground lessor as fee owner. With respect to any Mortgage Loan where the Mortgage Loan is secured by a Ground Leasehold estate in whole or in part, and the related Mortgage does not also encumber the related lessor’s fee interest in such Mortgaged Property, based upon the terms of the Ground Lease and any estoppel or other agreement received from the ground lessor in favor of Mortgage Loan Seller, its successors and assigns (collectively, the “Ground Lease and Related Documents”), Mortgage Loan Seller represents and warrants that:

  • Real Estate Leases All leases, subleases, licenses, concessions, options, and other agreements relating to the occupancy of the Leased Real Property, including the right to all security deposits and other amounts and instruments deposited thereunder, are listed on Schedule 4.8.2 (collectively, the “Real Estate Leases”), and Seller has provided Buyer with a copy of such Real Estate Leases. Except as set forth in Schedule 4.8.2: (i) the Real Estate Leases have not been modified, amended, or assigned, are legally valid, binding and enforceable in accordance with their respective terms, and are in full force and effect; and (ii) to Seller’s knowledge, there are no material defaults (or matters that upon written notice or lapse of time would constitute material defaults) by Seller or by any other party to the Real Estate Leases.

  • 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.

  • Real Property; Leasehold Neither the Company nor any of its Subsidiaries owns or has ever owned any real property. The Company has made available to Parent (a) an accurate and complete list of all real properties with respect to which the Company directly or indirectly holds a valid leasehold interest as well as any other real estate that is in the possession of or leased by the Company or any of its Subsidiaries, and (b) copies of all leases under which any such real property is possessed (the “Company Real Estate Leases”), each of which is in full force and effect, with no existing material default thereunder. The Company’s use and operation of each such leased property conforms to all applicable Laws in all material respects, and the Company has exclusive possession of each such leased property and has not granted any occupancy rights to tenants or licensees with respect to such leased property. In addition, each such leased property is free and clear of all Encumbrances other than Permitted Encumbrances. The Company has not received written notice from its landlords or any Governmental Body that: (i) relates to violations of building, zoning, safety or fire ordinances or regulations; (ii) claims any defect or deficiency with respect to any of such properties; or (iii) requests the performance of any repairs, alterations or other work to such properties.

  • Ground Lease Reserved.

  • Mortgaged Property The real property securing repayment of the debt evidenced by a Mortgage Note.

  • Real Property Matters The Company does not own any real property as of the date hereof and has not owned any real property during the three years preceding the date hereof.

  • Real Property (a) The Company does not own any real property.

  • Leasehold Mortgage Notwithstanding the provisions of Section 4.01, Lessee shall have the right, without Lessor’s or Mortgagee’s consent, to collaterally assign, pledge and/or mortgage all of Lessee’s rights and interests under this Lease, its interest in any sublease of the Premises, or the rentals payable thereunder, to any provider of construction, interim, or long-term financing, or any refinancing thereof, and any trustee or agent acting on their behalf (“Lessee Lenders”) as security for Lessee’s obligations under all documents and instruments evidencing, guaranteeing or executed by Lessee in connection with any said financing (“Financing Documents”), on the condition that (i) said Lessee Lenders are investors customarily in the business of making loans, (ii) Lessee is limited to one mortgagee, assignee or pledgee at a time, (iii) Lessor obtains copies of all Financing Documents, (iv) that any assignees or subtenants shall not have such right to mortgage, assign or pledge this Lease, except to the extent the assignment is a Deemed Assignment, (v) that any proposed purchaser at foreclosure or grantee in lieu of foreclosure, or a guarantor of its obligations hereunder, meet the requirements to permit Lessee to be released from liability under this Lease, as set forth in Section 4.05 above, (vi) the Financing Documents not alter any terms of this Lease (including use of the Net Proceeds), (vii) any assignee, purchaser at foreclosure or grantee in lieu of foreclosure shall restore the Security Deposit, (viii) the Lessee Lenders have no greater rights for notice and cure of Lessee Events of Default except as otherwise set forth in this Lease, and (ix) there be no uncured Event of Default hereunder. In the event of such a collateral assignment, pledge and/or mortgage and upon occurrence of an Event of Default by Lessee under this Lease or the Financing Documents, as the case may be, the Lessee Lenders shall have the right (but not the obligation) to assume, all of the rights, interests and obligations of Lessee thereafter arising under this Lease. Lessor or Lessee, upon request of the other, shall promptly execute and deliver to the requesting party, and/or Lessee Lenders or Mortgagee, a written consent to any such collateral assignment, pledge and/or mortgage of this Lease and such written certificates as to the due authorization, execution and delivery by the executing party, and enforceability against Lessor or Lessee of this Lease as Lessor or Lessee and/or Lessee Lenders and Mortgagee may reasonably request; provided, however, in no event and under no circumstances shall any assignment, pledge or mortgage of Lessee’s rights and interests under this Lease to Lessee Lenders be superior to any pledge or mortgage of the Premises by Lessor to Mortgagee or to a pledge or grant of the Lease to Mortgagee as security for said financing or refinancing, and, accordingly, Lessee acknowledges that any assignment, pledge and/or mortgage of this Lease to Lessee Lenders will be subordinate to Lessor’s financing and the rights thereunder, whether entered into now or at any time in the future. Notwithstanding the foregoing, whenever Lessor shall send notice of default to Lessee, Lessor shall, at such time, also send notice of such default to Lessee Lenders (if adequate contact information has been provided to Lessor) in the same manner as notices are required hereunder and Lessee Lenders shall have the same period in which to cure as does Lessee plus five (5) days.

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