SECURITY DOCUMENTS AND INSTRUMENTS. The Agent shall have received, in sufficient copies for each Lender, (a) all the instruments and documents then required to be delivered pursuant to Section 4 hereof or any other provision of this Agreement or pursuant to the instruments and documents referred to in Section 4 hereof and the same shall be in full force and effect and shall grant or create the Liens, rights, powers, priorities, remedies and benefits contemplated herein or therein, as the case may be, (b) all necessary consents relating thereto from third parties so that the same shall be valid and not result in any violation of any material agreement running in favor of such third party and (c) all satisfactions of mortgages, termination statements under the UCC and other instruments releasing Liens as may be necessary or desirable in connection with the foregoing.
SECURITY DOCUMENTS AND INSTRUMENTS. All the instruments and documents then required to be delivered pursuant to Section 8 of the Loan Agreement or any other provision of the Loan Agreement or pursuant to the instruments and documents referred to in Section 8 of the Loan Agreement with regard to the assets being acquired by Borrower in the Xxxxxx Acquisition; and the same shall be in full force and effect and shall grant, create or perfect the Liens, rights, powers, priorities, remedies and benefits contemplated herein or therein, as the case may be.
SECURITY DOCUMENTS AND INSTRUMENTS. The Borrowers and their respective Domestic Subsidiaries shall have complied with the provisions of Section 4 hereof and delivered the documents required thereby (except as relates to the period after the Closing Date). Such document delivery requirements may be satisfied by (i) the delivery of such documents prior to the Closing Date in connection with the closing under the Original Credit Agreement, the First Amended and Restated Credit Agreement or the Second Amended and Restated Credit Agreement or (ii) appropriate amendments to the documents referred to in clause (i), all as determined by the Agent in its sole discretion. The foregoing documents shall be in full force and effect and shall grant or create the Liens, rights, powers, priorities, remedies and benefits contemplated herein or therein, as the case may be. Further, the Agent shall have received all necessary consents relating thereto from third parties so that the same shall be valid and not result in any violation of any material agreement running in favor of such third party.
SECURITY DOCUMENTS AND INSTRUMENTS. All the instruments and documents then required to be delivered pursuant to Section 8 of the Loan Agreement or any other provision of the Loan Agreement or pursuant to the instruments and documents referred to in Section 8 of the Loan Agreement with regard to the formation of JCH; and the same shall be in full force and effect and shall grant, create or perfect the Liens, rights, powers, priorities, remedies and benefits contemplated herein or therein, as the case may be.
SECURITY DOCUMENTS AND INSTRUMENTS. The Bank shall have received (i) a Guaranty duly executed by the substitute Guarantor; (ii) a Mortgage for each Eligible Property duly executed and acknowledged by the substitute Guarantor and in proper form for recording; (iii) an Assignment of Leases for each of the Eligible Properties duly executed and acknowledged by the appropriate parties and in proper form for recording; (iv) Contribution Agreement duly executed by the Borrower and the substitute Guarantor; (v) an Environmental Indemnification Agreement (or an appropriate modification in the case of an existing document) executed by the Borrower; (vi) Financing Statements duly executed by the appropriate Borrower for each of the Eligible Properties to the extent not already fixed; (vii) a Non-Disturbance Agreement for any Eligible Property, duly executed and acknowledged by the tenant and each fee owner of such Property and in proper form for recording; (viii) all other documentation which the Bank reasonably deems appropriate to obtain and maintain a first priority perfected lien, in favor of the Bank on each property, lease, and all other relevant items of collateral, each duly executed by the substitute Guarantor; (ix) an original copy of an estoppel certificate executed by each tenant in respect of each approved lease; and (x) all satisfactions of mortgages, termination statements under the Uniform Commercial Code and other instruments releasing liens, security interests and other encumbrances as may be necessary or desirable in connection with the foregoing or title policies evidencing the satisfaction or discharge of such liens, security interests and other encumbrances; and all of the foregoing shall be in full force and effect and shall grant or create the rights, powers, priorities, remedies and benefits contemplated herein or therein, as the case may be.
SECURITY DOCUMENTS AND INSTRUMENTS. All of the instruments and documents then required to be delivered pursuant to Section 7 of this Agreement or any other provision of this Agreement or pursuant to the instruments and documents referred to in Section 7 of this Loan Agreement with regard to the assets and properties being acquired by Borrower pursuant to the Permitted Acquisition; and the same shall be in full force and effect and shall grant, create or perfect the Liens, rights, powers, priorities, remedies and benefits contemplated herein or therein, as the case may be. (ii) Evidence Of Insurance. Evidence, in form, scope and substance and with such insurance carriers reasonably satisfactory to the Agent, of all insurance policies required pursuant to Section 11.3(a) of this Agreement with regard to the assets and properties being acquired by Borrower pursuant to the Permitted Acquisition. (iii)
SECURITY DOCUMENTS AND INSTRUMENTS. All the instruments and documents then required to be delivered pursuant to Section 7 of the Loan Agreement or any other provision of the Loan Agreement or pursuant to the instruments and documents referred to in Section 7 of the Loan Agreement with regard to the assets of Food Lion being acquired by Borrower pursuant to the Food Lion Agreement; and the same shall be in full force and effect and shall grant, create or perfect the Liens, rights, powers, priorities, remedies and benefits contemplated herein or therein, as the case may be. (iii)
SECURITY DOCUMENTS AND INSTRUMENTS. Agent shall have received (i) an original executed copy of a Mortgage (or an appropriate modification in the case of an existing document) for each Eligible Property duly executed and acknowledged by the appropriate Borrower and in proper form for recording; (ii) an original executed copy of an Assignment of Leases (or an appropriate modification in the case of an existing document) for each of the Eligible Properties duly executed and acknowledged by the appropriate Borrower and in proper form for recording; (iii) an Environmental Indemnity and Agreement (or an appropriate modification in the case of an existing document) executed by the Borrowers; (iv)
SECURITY DOCUMENTS AND INSTRUMENTS. The Agent shall have received, in sufficient copies for each Lender, all the instruments and documents then required to be delivered pursuant to Section 8 hereof or any other provision of this Agreement or pursuant to the instruments and documents referred to in Section 8 hereof and the same shall be in full force and effect and shall grant, create or perfect the Liens, rights, powers, priorities, remedies and benefits contemplated herein or therein, as the case may be.
SECURITY DOCUMENTS AND INSTRUMENTS. All of the instruments and documents then required to be delivered pursuant to Section 8 of this Agreement or any other provision of this Agreement or pursuant to the instruments and documents referred to in Section 8 of this Loan Agreement with regard to the assets and properties being acquired by Borrower pursuant to the Permitted Acquisition (including specifically, but without limitation, a waiver of landlord's lien as required by Section 12.20, if the assets and properties being acquired are or will be located on Real Properties leased by Borrower); and the same shall be in full force and effect and shall grant, create or perfect the Liens, rights, powers, priorities, remedies and benefits contemplated herein or therein, as the case may be. (ii) Evidence Of Insurance. Evidence, in form, scope and substance and with such insurance carriers reasonably satisfactory to the Agent, of all insurance policies required pursuant to Section 12.3(a) of this Agreement with regard to the assets and properties being acquired by Borrower pursuant to the Permitted Acquisition. (iii)
