Title Policies. The Title Company shall be prepared, -------------- subject only to payment of the applicable premium, endorsement and related fees and delivery of all conveyance documents in recordable form, to issue a title insurance policy to Purchaser, subject only to the Permitted Encumbrances, in accordance with Section 3.3. -----------
Title Policies. On or before the Closing Date, Lender shall have received and approved pro forma Title Policies for the Mortgages, and as of the Closing, each Title Company shall be irrevocably committed and prepared immediately to issue the Title Policies or binding commitments. The Title Policies shall be in form and substance satisfactory to Lender. Without limitation, each Title Policy shall be issued on an ALTA form acceptable to Lender by each Title Company or if an ALTA form is not available in the applicable jurisdiction, another form acceptable to Lender, together with such reinsurance and direct access agreements as Lender may require, insuring that the Mortgages are valid first and prior enforceable liens on each Borrower's fee simple interest or ground leasehold interest, as the case may be, in the applicable Property (including any easements appurtenant thereto) subject only to such exceptions to coverage as are acceptable to Lender, including the Permitted Exceptions. Each Title Policy shall contain such endorsements as Lender may require (to the extent available in the state where the Properties is located) in form acceptable to Lender, including deletion of the creditors' rights exception and affirmative endorsement coverage for creditors' rights risks.
Title Policies. Section 5.14
Title Policies. At the Close of Escrow, but not as a condition thereto, Buyer shall be entitled to request and obtain from Title Company if so requested by Buyer, with a copy to be delivered to each applicable Seller, a policy of title insurance with respect to each Property, insuring good and indefeasible title to such Property vested in Buyer as of the Closing Date in the amount of the applicable Allocated Purchase Price, subject to such matters of record or apparent as Buyer and Title Company may agree (each, a “Title Policy”) and including such endorsements thereto as Buyer may request and Title Company agrees to issue (the “Title Endorsements”). The cost of each Title Policy and all Title Endorsements thereto shall be borne by the parties as provided in Section 6.6 below.
Title Policies. At Closing, each of Buyer and the Debt Financing Sources shall have received marked Approved Title Commitments which meet the following conditions: (i) the Approved Title Commitments shall only contain such changes as approved or deemed approved by the Buyer, or which the Buyer is not permitted to object to, in accordance with Section 7.6 hereunder, (ii) such Approved Title Commitments for the benefit of the Buyer shall include the non-imputation endorsement in the form as agreed to in writing by the Title Company prior to the Effective Date and such Approved Title Commitments for the benefit of the Debt Financing Sources shall include the future advances, first loss and variable rate endorsements in the form as agreed to in writing by the Title Company prior to the Effective Date, and (iii) such Approved Title Commitments shall otherwise be in form and content reasonably acceptable to the Buyer and the Debt Financing Sources (collectively, the “Pro-Forma Title Policies”); provided, however, (A) in no event shall Buyer have the right to claim that this condition is not satisfied as a result of any exceptions taken by First American Title Insurance Company (the “Title Company”) which are approved or deemed approved by Buyer, or which the Buyer is not permitted to object to, in accordance with Section 7.6 and (B) in no event shall Buyer have the right to claim that this condition is not satisfied for failure of the Title Company to issue any endorsements requested by Buyer which are not otherwise required by the terms of this Section 8.2(c), unless such failure of condition is a result of Seller’s failure or refusal to execute and/or deliver any documents required pursuant to Section 9.2 below. Subject only to payment of the premiums at Closing, Buyer shall have received written confirmation that the Title Company will issue (i) to the Company and/or its Subsidiaries, new owner’s title insurance policies with respect to the Timberlands in the form of the Pro-Forma Title Policies and in the amount of the Enterprise Value such that the Company or its Subsidiaries shall have title insurance bearing an effective date as of the Closing Date, subject only to the exceptions to coverage set forth in the Pro-Forma Title Policies, and (ii) as to the Debt Financing Sources, a Loan Policy of Title Insurance (Form T-2) in the form of the Pro-Forma Title Policies and in the amount of the Debt Financing such that the Debt Financing Sources shall have title insurance bearin...
Title Policies. (a) Purchaser has previously been provided by Seller, at its own expense, a preliminary title report (the "Title Reports") for all the Owned Real Property issued by Chicago Title Company (the "Title Company"), Purchaser has had an opportunity to review such Title Reports and Purchaser hereby approves the condition of title with respect to all the Owned Real Property being purchased hereunder.
Title Policies. The Title Policies, issued by the Title Company, in the form required by this Agreement; provided that in the event the Title Policies are not available at Closing, then the Title Company shall provide Purchaser at Closing, at Purchaser’s option, with either (i) a “marked title commitment” with respect to each self storage facility comprising the Property, committing to issue the Title Policies in the form required by this Agreement, or (ii) a proforma owner’s title policy with respect to each self storage facility comprising the Property, in the form required by this Agreement, with the Title Policies to be delivered to Purchaser as promptly after Closing as reasonably possible.