Common use of Related Real Estate Documents Clause in Contracts

Related Real Estate Documents. with respect to any Real Estate subject to a Mortgage entered into by any Loan Party, the following, in form and substance reasonably satisfactory to the Administrative Agent and, in the case of a Mortgage entered into by any Loan Party after the date hereof, received by the Administrative Agent for review at least 15 days prior to the effective date of the Mortgage (or such shorter length of time acceptable to the Administrative Agent in its reasonable discretion): (a) a mortgagee title policy (or binder therefor) covering the Administrative Agent’s interest under the Mortgage, in a form and amount and by an insurer reasonably acceptable to the Agents, which must be fully paid on such effective date; (b) such assignments of leases, rents, estoppel letters, attornment agreements, consents, waivers and releases as any Agent may require with respect to other Persons having an interest in the Real Estate; (c) if otherwise in the possession of a Loan Party, a current, as-built survey of the Real Estate, containing a metes-and-bounds property description and flood plain certification, and certified by a licensed surveyor reasonably acceptable to the Agents; (d) flood insurance in an amount, with endorsements and by an insurer reasonably acceptable to the Agents, if the Real Estate is within a flood plain; (e) a current appraisal of the Real Estate, prepared by an appraiser reasonably acceptable to the Agents; (f) a Phase I (and to the extent appropriate, Phase II) environmental assessment report, prepared by an environmental consulting firm reasonably satisfactory to the Agents, and accompanied by such reports, certificates, studies or data as the Agents may reasonably require, which shall all be in form and substance reasonably satisfactory to the Agents; and (g) an Environmental Agreement and such other documents, instruments or agreements as the Agents may reasonably require with respect to any environmental risks regarding the Real Estate. Report – as defined in Section 12.2.3. Required Lenders – as of any date, (i) the Agents and (ii) Lenders (subject to Section 4.2 but who may be the Agents) whose Pro Rata share of the Term Loan constitutes at least fifty-one percent (51%) of the Total Outstandings. For purposes of this definition only, a Lender and all Approved Funds with respect to such Lender shall constitute a single Lender.

Related Real Estate Documents. with respect to any Real Estate subject to (i) a Mortgage entered into by any Loan Party, the following, in form and substance reasonably satisfactory to the Administrative Agent and, in the case of a Mortgage entered into by any Loan Party after the date hereof, received by the Administrative Agent for review at least 15 days prior to the effective date of the Mortgage Mortgage; (or such shorter length of time acceptable to the Administrative Agent in its reasonable discretion): (aii) a mortgagee title policy (or binder therefor) covering insurance policy, insuring the Administrative Agent’s interest under the Mortgage, in a form and amount and by an insurer reasonably acceptable to the AgentsAgent, which must be fully paid on such effective date; (biii) such assignments of leases, rents, estoppel letters, attornment agreements, consents, waivers and releases as any Agent may require either (a) (x) solely with respect to other Persons having an interest in the Real Estate; (c) if otherwise in the possession of a Loan PartyU.S. Mortgage, a currentnew ALTA survey or (b) solely with respect to a Canadian Mortgage, a new survey prepared by a qualified land surveyor or (b) an existing as-built survey of the Real Estate, containing Mortgaged Property (together with a metesno change affidavit) sufficient for the title company to remove the standard survey exceptions and issue the survey-and-bounds property description and flood plain certification, and certified by a licensed surveyor reasonably acceptable to the Agentsrelated endorsement; (div) solely with respect to a U.S. Mortgage, a life-of-loan flood hazard determination and, if the Mortgaged Property is located in a flood plain, an acknowledged notice to borrower and evidence of flood insurance in an amountaccordance with Section 9.1.12; (iv) a mortgage opinion, with endorsements and by an insurer reasonably acceptable addressed to the AgentsAgent and the Secured Parties covering the due authorization, if the Real Estate is within a flood plain; (e) a current appraisal execution, delivery and enforceability of the Real Estate, prepared by an appraiser reasonably acceptable applicable Mortgage and such other customary matters incident to the Agents; transactions contemplated herein as the Agent may reasonably request (f) a Phase I (and to the extent appropriate, Phase II) environmental assessment report, prepared if not covered by an environmental consulting firm reasonably satisfactory to the Agentstitle insurance), and accompanied by such reports, certificates, studies or data as the Agents may reasonably require, which shall all otherwise be in form and substance reasonably satisfactory to the AgentsAgent; (v) evidence reasonably satisfactory to the Agent that the applicable Obligors have delivered to the title company such standard and customary affidavits, certificates, information, instruments of indemnification (including so-called “gap” indemnification) and other documents as may be reasonable necessary to cause the title company to issue the title insurance policies as contemplated by clause (ii) above; and (gviii) an Environmental Agreement evidence reasonably satisfactory to the Agent of payment by the Borrowers of all title policy premiums, search and such examination charges, escrow charges and related charges, mortgage recording taxes, fees, charges, costs and expenses required for the recording of the Mortgages, fixture filings and other documents, instruments or agreements as real estate documents and the Agents may reasonably require with respect to any environmental risks regarding issuance of the Real Estate. Report – as defined in Section 12.2.3. Required Lenders – as of any date, (i) the Agents and title policies contemplated by clause (ii) Lenders above. Release: any spilling, leaking, seepage, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, disposing, depositing, dispersing, emanating or migrating of any Hazardous Material in, into, onto or through the Environment. Relevant German Party: any Obligor that qualifies as a resident party domiciled in Germany (subject to Section 4.2 but who may be Inländer) within the Agentsmeaning of section 2 paragraph 15 German Foreign Trade Act (Außenwirtschaftgesetz) whose Pro Rata share (including any of the Term Loan constitutes at least fifty-one percent (51%) of the Total Outstandings. For purposes of this definition onlyits directors, a Lender managers, officers, agents and all Approved Funds with respect to such Lender shall constitute a single Lenderemployees).

Related Real Estate Documents. with respect to any Real Estate subject to a Mortgage entered into by any Loan Party, the following, in form and substance reasonably satisfactory to the Administrative Applicable Agent and the Co-Collateral Agents and, in the case of a Mortgage entered into by any Loan Party after the date hereof, received by the Administrative Agent for review at least 15 days prior to the effective date of the Mortgage (or such shorter length of time acceptable to the Administrative Agent in its reasonable discretion): (a) a mortgagee title policy (or binder therefor) covering the Administrative Applicable Agent’s interest under the Mortgage, in a form and amount and by an insurer reasonably acceptable to the Applicable Agent and the Co-Collateral Agents, which must be fully paid on such effective date; (b) such assignments of leases, rents, estoppel letters, attornment agreements, consents, waivers and releases as the Administrative Agent or any Co-Collateral Agent may require with respect to other Persons having an interest in the Real Estate; (c) if otherwise in the possession of a Loan Party, a current, as-built survey of the Real Estate, containing a metes-and-bounds property description and flood plain certification, and certified by a licensed surveyor reasonably acceptable to the Administrative Agent and the Co-Collateral Agents; (d) flood insurance in an amount, with endorsements and by an insurer reasonably acceptable to the Applicable Agent and the Co-Collateral Agents, if the Real Estate is within a flood plain; (e) a current appraisal of the Real Estate, prepared by an appraiser reasonably acceptable to the AgentsApplicable Agent; (f) a Phase I (and to the extent appropriate, Phase II) environmental assessment report, prepared by an environmental consulting firm reasonably satisfactory to the AgentsApplicable Agent, and accompanied by such reports, certificates, studies or data as the Agents Applicable Agent or any Co-Collateral Agent may reasonably require, which shall all be in form and substance reasonably satisfactory to the Applicable Agent and the Co-Collateral Agents; and (g) an Environmental Agreement and such other documents, instruments or agreements as the Agents Applicable Agent or any Co-Collateral Agent may reasonably require with respect to any environmental risks regarding the Real Estate. Report – as defined in Section 12.2.3. Required Lenders – as of any date, (i) the Agents and (ii) Lenders (subject to Section 4.2 but who may be the Agents) whose Pro Rata share of the Term Loan constitutes at least fifty-one percent (51%) of the Total Outstandings. For purposes of this definition only, a Lender and all Approved Funds with respect to such Lender shall constitute a single Lender.

Related Real Estate Documents. with respect to any Real Estate subject to a Mortgage entered into by any Loan PartyMortgage, the following, in form and substance reasonably satisfactory to the Administrative Agent and, in the case of a Mortgage entered into by any Loan Party after the date hereof, Lender and received by Lender for review: (a) at least 45 days prior to the Administrative Agent effective date of the Mortgage, all information requested by Lender for review due diligence pursuant to Flood Laws; and (b) at least 15 days prior to the effective date of the Mortgage Mortgage: (or such shorter length of time acceptable to the Administrative Agent in its reasonable discretion): (ai) a mortgagee title policy (or binder therefor) covering the Administrative AgentLender’s interest under the Mortgage, in a form and amount and by an insurer reasonably acceptable to the AgentsLender, which must be fully paid on such effective date; (bii) such assignments of leases, rents, estoppel letters, attornment agreements, consents, waivers and releases as any Agent Lender may require with respect to other Persons having an interest in the Real Estate; (ciii) if otherwise in the possession of a Loan Party, a current, as-built survey of the Real Estate, containing a metes-and-bounds property description and flood plain certification, and certified by a licensed surveyor reasonably acceptable to the AgentsLender; (div) a life-of-loan flood insurance in an amount, with endorsements and by an insurer reasonably acceptable to the Agentshazard determination and, if the any Real Estate is within located in a special flood plainhazard zone, flood insurance documentation and coverage satisfactory to Lender; (ev) a current appraisal of the Real Estate, prepared by an appraiser reasonably acceptable appraiser, and in form and substance satisfactory to the AgentsLender; (fvi) a Phase I (and to the extent appropriate, Phase II) an environmental assessment reportassessment, prepared by environmental engineers acceptable to Lender, an environmental consulting firm reasonably satisfactory to the Agentsindemnity agreement if appropriate, and accompanied by such other reports, certificates, studies or data as the Agents Lender may reasonably require, which shall all be in form and substance reasonably satisfactory to the Agents; and (gvii) an Environmental Agreement and such other information, documents, instruments or agreements as the Agents Lender may reasonably require with respect to any environmental risks regarding the Real Estate. Report – as defined in Section 12.2.3. Required Lenders – as of any date, (i) the Agents and (ii) Lenders (subject to Section 4.2 but who may be the Agents) whose Pro Rata share of the Term Loan constitutes at least fifty-one percent (51%) of the Total Outstandings. For purposes of this definition only, a Lender and all Approved Funds with respect to such Lender shall constitute a single Lenderrequest.