Title to the Properties. Borrower will warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages and the Assignments of Leases on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 5 contracts
Samples: Loan Agreement (Inland Real Estate Corp), Loan Agreement (Inland Real Estate Corp), Loan Agreement (Wyndham International Inc)
Title to the Properties. Borrower will warrant and defend ----------------------- (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages and the Assignments of Leases on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 4 contracts
Samples: Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit)
Title to the Properties. Borrower will warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages and the Assignments of Leases on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees ’ fees, costs and court costsexpenses) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 3 contracts
Samples: Loan Agreement (Brixmor Property Group Inc.), Loan Agreement (Brixmor Property Group Inc.), Senior Mezzanine Loan Agreement (Brixmor Property Group Inc.)
Title to the Properties. Borrower Borrowers will warrant and defend (a) the title to each Individual Property the Properties and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) ), and (b) the validity and priority of the Liens Lien of the Mortgages Mortgage and the Assignments Assignment of Leases on the PropertiesLeases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower Borrowers shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costs) incurred by Lender if an interest in the Properties or any Individual Propertypart thereof, other than as permitted hereunder, is claimed by another Person.
Appears in 3 contracts
Samples: Loan Agreement (Maguire Properties Inc), Pledge and Security Agreement (MPG Office Trust, Inc.), Pledge and Security Agreement (MPG Office Trust, Inc.)
Title to the Properties. Borrower will warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages and the Assignments of Leases on the PropertiesLeases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any actual out-of-pocket losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 3 contracts
Samples: Loan Agreement (Harrahs Entertainment Inc), Loan Agreement (Harrahs Entertainment Inc), Recognition Agreement (Harrahs Entertainment Inc)
Title to the Properties. Borrower will warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages Security Instruments and the Assignments of Leases on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 3 contracts
Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)
Title to the Properties. Borrower will shall warrant and defend (a) the its title to each Individual Property the Properties and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) Encumbrances and (b) the validity and priority of the Liens Lien of the Mortgages and Mortgage, the Assignments Assignment of Leases and this Agreement on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender Agent and Lenders for any losses, out-of-pocket costs, damages or out-of-pocket expenses (including reasonable attorneys' ’ fees and court costs) incurred by Lender Agent or any Lenders if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person, other than a Person claiming by, through or under Agent (on behalf of Lenders).
Appears in 3 contracts
Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)
Title to the Properties. Borrower will warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages Security Instruments and the Assignments of Leases on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 3 contracts
Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)
Title to the Properties. Borrower will warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages and the Assignments of Leases on the PropertiesLeases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 2 contracts
Samples: Loan Agreement (Highland Hospitality Corp), Loan Agreement (BlueLinx Holdings Inc.)
Title to the Properties. Borrower will warrant and defend or will cause the title company to defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages Security Instruments and the Assignments of Leases on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Title to the Properties. Borrower will warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages Mortgage and the Assignments Assignment of Leases on the PropertiesLeases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Samples: Loan Agreement (Sabre Corp)
Title to the Properties. Borrower The Borrowers will warrant and defend (a) the title to each Individual Property the Properties and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) ), and (b) the validity and priority of the Liens of the Mortgages and the Assignments of Leases on the PropertiesLeases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower The Borrowers shall reimburse the Agent and the Lender for any losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costs) incurred by the Agent or the Lender if an interest in any Individual Propertythe Properties, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Title to the Properties. Each Individual Borrower will and each Operating Lessee shall warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) ), and (b) the validity and priority of the Liens Lien of the Mortgages and the Assignments of Leases Mortgage to which it is a party on the Propertiesapplicable Individual Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Title to the Properties. Borrower will warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages and the Assignments of Leases on the PropertiesLeases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Title to the Properties. Borrower will warrant and defend (ai) ----------------------- the title to each Individual Property of the Properties and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) ), and (bii) the validity and priority of the Liens of the Mortgages and the Assignments of Leases on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Individual Propertyof the Properties, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Title to the Properties. Borrower will warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages and the Assignments of Leases on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costs) incurred by Lender if an interest in the Collateral or any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Samples: Property Management Agreement (Sunstone Hotel Investors, Inc.)
Title to the Properties. Borrower will warrant and defend (ai) the ----------------------- title to each Individual Property of the Properties and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) ), and (bii) the validity and priority of the Liens of the Mortgages and the Assignments of Leases on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Individual Propertyof the Properties, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Title to the Properties. Borrower will warrant and defend (ai) the title to each Individual Property of the Properties and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) ), and (bii) the validity and priority of the Liens of the Mortgages and the Assignments of Leases on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Individual Propertyof the Properties, other than as permitted hereunder, is claimed by another Person.. (n)
Appears in 1 contract
Samples: Loan Agreement (Horizon Group Inc)
Title to the Properties. Borrower will warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages applicable Mortgage and the Assignments applicable Assignment of Leases on the Propertiesapplicable Individual Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Samples: Loan Agreement (Inland American Real Estate Trust, Inc.)
Title to the Properties. Borrower will warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted or created hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages Mortgage and the Assignments Assignment of Leases on the Properties, subject only to Liens permitted or created hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Samples: Loan Agreement (Koger Equity Inc)
Title to the Properties. Borrower will warrant and defend (a) the fee or leasehold title (as applicable) to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages Security Instruments and the Assignments Assignment of Leases on the PropertiesLeases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costsexpenses) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Samples: Loan Agreement (New York REIT, Inc.)
Title to the Properties. Each Individual Borrower will warrant and defend (a) the title to each its Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens Lien of the Mortgages and the Assignments of Leases Mortgage on the Propertieseach Individual Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costsexpenses) incurred by Lender if an interest in any its Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.)
Title to the Properties. Borrower will warrant and defend (ai) the title to each Individual Property of the Properties and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) ), and (bii) the validity and priority of the Liens of the Mortgages and the Assignments of Leases on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoeverPersons. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Individual Propertyof the Properties, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Title to the Properties. Each Individual Borrower will warrant and defend (a) the title to each its Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens Lien of the Mortgages and the Assignments of Leases Mortgage on the Propertieseach Individual Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costsexpenses) incurred by Lender if an interest in any its Individual Property, other than as permitted hereunder, is claimed by another Person.. 57
Appears in 1 contract
Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.)
Title to the Properties. Borrower will warrant and defend (ai) the title to each Individual Property of the Properties and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) ), and (bii) the validity and priority of the Liens of the Mortgages and the Assignments of Leases on the Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Individual Propertyof the Properties, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Title to the Properties. Borrower will warrant and defend (a) the title of Owner to each Individual Property and every part thereof, subject only to Liens permitted hereunder the Permitted Encumbrances (including b) the title of Borrower to the Collateral, subject only to the Permitted Encumbrances) Encumbrances and (bc) the validity and priority of the Liens of the Mortgages and the Assignments of Leases on the PropertiesLeases, subject only to Liens permitted hereunder (including the Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costs) incurred by Lender if an interest in the Collateral or any Individual Propertypart thereof, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Title to the Properties. Borrower will warrant and defend (a) the title to each Individual Property and every part thereof, subject only to Liens permitted or created hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages Mortgage and the Assignments Assignment of Leases on the Properties, subject only to Liens permitted or created hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and court costs) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract
Samples: Loan Agreement (Koger Equity Inc)
Title to the Properties. Borrower will warrant and defend (a) the fee title to each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Liens of the Mortgages Security Instruments and the Assignments Assignment of Leases on the PropertiesLeases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' ’ fees and court costsexpenses) incurred by Lender if an interest in any Individual Property, other than as permitted hereunder, is claimed by another Person.
Appears in 1 contract