Real Property Mortgages. The Mortgages are effective to create in favor of the Collateral Agent, for the ratable benefit of the Finance Parties, a legal, valid and enforceable Lien on all of the right, title and interest of the Credit Parties in and to the Mortgaged Properties thereunder and the proceeds thereof, and when the Mortgages are filed in the offices specified on Schedule 5.20(c), the Mortgages shall constitute a fully perfected Lien on, and security interest in, all right, title and interest of the Credit Parties in such Mortgaged Properties and the proceeds thereof, in each case prior in right to any other Person, other than with respect to Permitted Liens.
Real Property Mortgages. The Mortgages are (subject to Section 6.15) effective to create in favor of the Collateral Agent, for the ratable benefit of the Secured Parties, a legal, valid and enforceable Lien on all of the right, title and interest of the Loan Parties in and to the Mortgaged Properties thereunder and the proceeds thereof, and when the Mortgages are filed in the recorders’ offices of the counties in which the Mortgaged Properties are located, the Mortgages shall constitute a fully perfected Lien on, and security interest in, all right, title and interest of the Loan Parties in such Mortgaged Properties and the proceeds thereof, in each case securing the Finance Obligations and prior in right to any other Person, other than with respect to Liens permitted by Section 7.01(g) and non-consensual Permitted Liens not perfected by the filing of UCC financing statements whose priority is determined by applicable law (other than with respect to such property of any newly formed or acquired Subsidiary or such newly acquired property to the extent Holdings and the Borrowers are in compliance with Section 6.13).
Real Property Mortgages. Within 90 days of the Closing Date (as such time period may be extended by the Administrative Agent in its sole discretion) with respect to any Mortgaged Property owned in fee simple by any Loan Party on the Closing Date:
Real Property Mortgages. The Administrative Agent shall have received from the Borrower:
Real Property Mortgages. Allow the Agent on behalf of the Tranche A Lenders to file Mortgages on all Real Property Collateral now owned or hereafter acquired and wherever located of the Borrowers and in connection therewith (i) evidence of the recording of the Mortgages in such office or offices as may be necessary or, in the opinion of the Agent, desirable to create and perfect a valid and enforceable first priority Lien on the Real Property Collateral purported to be covered thereby or to otherwise protect the rights of the Agent and the Lenders thereunder, (ii) a Title Insurance Policy, (iii) a survey of such Real Property Collateral, certified to the Agent and to the issuer of the Title Insurance Policy by a licensed professional surveyor reasonably satisfactory to the Agent, (iv) Phase I Environmental Site Assessments with respect to such Real Property Collateral, certified to the Agent by a company reasonably satisfactory to the Agent, and (v) such other agreements, instruments, approvals, legal opinions or other documents reasonably requested by the Agent in order to create, perfect, establish the first priority of or otherwise protect any Lien purported to be covered by any such Mortgage.
Real Property Mortgages. DEFECTIVE SIGNATURES Loss resulting directly from the Insured, in good faith and in the course of business, in connection with any Loan, having accepted, received, or acted upon the faith of any Original Written:
Real Property Mortgages. (a) Within 90 days of the Closing Date (as such time period may be extended by the Administrative Agent in its sole discretion) with respect to any Mortgaged Property owned in fee simple by any Loan Party on the Closing Date: (i) Mortgages; Fixture Filings. A Mortgage encumbering such Mortgaged Property in favor of the Administrative Agent, for the benefit of the Secured Parties, duly executed and acknowledged by each Loan Party that is the owner of or holder of any interest in such Mortgaged Property, and otherwise in form for recording in the recording office of the appropriate Clerk of Court of the County where each such Mortgaged Property is situated, together with such certificates, affidavits, questionnaires or returns as may be necessary or advisable in connection with the recording or filing thereof to create a lien under applicable laws, and such financing statements and other instruments as may be necessary or advisable to grant a mortgage or deed of trust lien under the laws of the applicable jurisdiction on the Mortgaged Property and fixtures located thereon; (ii) Consents and Approvals. Such consents, approvals, assignments, amendments, supplements, estoppels, tenant subordination agreements, non-disturbance agreements or other instruments as may be reasonably necessary or advisable in order for the applicable Loan Party to grant the Lien of the Mortgage with respect thereto; (iii)
Real Property Mortgages. [Alacer Gold Corp. has redacted the list of Real Property Mortgages Encumbrances, which, if disclosed, would be seriously prejudicial to its interests.] SCHEDULE 7 – MATERIAL CONTRACTS [Alacer Gold Corp. has redacted the list of material contracts, which, if disclosed, would be seriously prejudicial to its interests.] SIGNING PAGE Dated: 23 September 2013 EXECUTED by ALACER GOLD CORP. in accordance with its constituent documents and by authority of its directors: /s/ X. Xxxxxxxxx /s/ X. Xxxxxxxxxx ............................................................. Signature of authorised representative who warrants that he or she is duly authorised to execute this agreement on behalf of Alacer Gold Corp. XXXX XXXXXXXXX ............................................................. Name of authorised representative (block letters) ............................................................. Signature of authorised representative who warrants that he or she is duly authorised to execute this agreement on behalf of Alacer Gold Corp. XXX XXXXXXXXXX ............................................................. Name of authorised representative (block letters) EXECUTED by WESTGOLD RESOURCES PTY LTD in accordance with section 127(1) of the Corporations Xxx 0000 (Cwlth) by authority of its directors: /s/ X. Xxxx /s/ X. Xxx Xxxxxx ............................................................. Signature of director XXXXX XXXX ............................................................. Name of director (block letters) ............................................................. Signature of director/company secretary* *delete whichever is not applicable XXXXX XXX XXXXXX ............................................................. Name of director/company secretary* (block letters) *delete whichever is not applicable EXECUTED by METALS X LIMITED in accordance with section 127(1) of the Corporations Xxx 0000 (Cwlth) by authority of its directors: /s/ X. Xxxx /s/ X. Xxx Xxxxxx ............................................................. Signature of director XXXXX XXXX ............................................................. Name of director (block letters) ............................................................. Signature of director/company secretary* *delete whichever is not applicable XXXXX XXX XXXXXX ............................................................. Name of director/company secretary* (block letters) *delete whichever is not applicable ANNEXURE ...
Real Property Mortgages. The Mortgages are (subject to Section 6.15) effective to create in favor of the Collateral Agent, for the ratable benefit of the Secured Parties, a legal, valid and enforceable Lien on all of the right, title and interest of the Loan Parties in and to the Mortgaged Properties thereunder and the proceeds thereof, and the Mortgages constitute a fully perfected Lien on, and security interest in, all right, title and interest of the Loan Parties in such Mortgaged Properties and the proceeds thereof, in each case securing the Finance Obligations and prior in right to any other Person, other than with respect to Liens permitted by Section 7.01(g) and non-consensual Permitted Liens not perfected by the filing of UCC financing statements whose priority is determined by applicable law (other than with respect to such property of any newly formed or acquired Subsidiary or such newly acquired property to the extent Holdings and the Borrowers are in compliance with Section 6.13).
Real Property Mortgages. The Borrower hereby agrees to execute and deliver, or to cause to be executed and delivered, to the Administrative Agent, within 30 days (or such longer period as shall be consented to by the Administrative Agent) after the Amendment Effective Date a deed of trust (in form and substance reasonably satisfactory to the Administrative Agent) with respect to the real property (including buildings and improvements) of the Borrower and its Subsidiaries located in Bladen County, North Carolina, known as the Tar Heel pork processing plant. Borrower shall also (i) deliver, or cause to be delivered, to the Administrative Agent in respect of such property, a policy of title insurance issued by First American Title Insurance Company (which title insurance policy shall be a fully paid policy of title insurance (or marked-up title insurance commitment having the effect of a policy of title insurance) insuring the Lien of such deed of trust as a valid first Lien on the real property and fixtures described therein in the amount equal to not less than the fair market value of such real property and fixtures, issued by First American Title Insurance Company, which shall (a) to the extent required by the Administrative Agent, include such reinsurance arrangements (with provisions for direct access, if necessary) as shall be reasonably acceptable to the Administrative Agent, (b) has been supplemented by such endorsements or affirmative coverage as shall be reasonably requested by the Administrative Agent (including endorsements on matters relating to usury, first loss, contiguity (to the extent applicable), revolving credit, doing business, non-imputation, public road access, survey, variable rate, environmental lien (to the extent available and commercially reasonable), subdivision (to the extent applicable), separate tax lot (to the extent applicable), and so-called comprehensive coverage over covenants and restrictions), and (c) contain no exceptions to title other than Liens permitted under the Credit Agreement), (ii) deliver, or cause to be delivered, to the Administrative Agent in respect of such property, such existing surveys, abstracts, certificates, title documents, appraisals (to the extent appraisals are required to comply with government regulations), local counsel opinions and other documents as the Administrative Agent may reasonably request with respect to such property, in each case in form and substance reasonably satisfactory to the Administrative Agent, an...
