Borrower Uses in Mortgages, etc Clause

Mortgages, etc from Credit Agreement

CREDIT AGREEMENT (this Agreement), dated as of November 15, 2010 and amended and restated as of September 21, 2012, among UNIVERSAL HEALTH SERVICES, INC., a Delaware corporation (the Borrower), the several banks and other financial institutions or entities from time to time parties to this Agreement (the Lenders), CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK, MIZUHO CORPORATE BANK LTD. and ROYAL BANK OF CANADA, as co-documentation agents (in such capacity, the Co-Documentation Agents), BANK OF TOKYO-MITSUBISHI UFJ TRUST COMPANY, BANK OF AMERICA N.A. and SUNTRUST BANK, as co-syndication agents (in such capacity, the Co-Syndication Agents), and JPMORGAN CHASE BANK, N.A., as administrative agent.

Mortgages, etc. (i) Except to the extent provided for in Section 6.13, the Collateral Agent shall have received a Mortgage with respect to each Mortgaged Property, executed and delivered by a duly authorized officer of each party thereto. If requested by the Collateral Agent and except to the extent provided for in Section 6.13, the Collateral Agent shall have received, and the title insurance company issuing the policy referred to in clause (iii) below (the Title Insurance Company) shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated a date satisfactory to the Collateral Agent and the Title Insurance Company by an independent professional licensed land surveyor satisfactory to the Collateral Agent and the Title Insurance Company. (ii) Except to the extent provided for in Section 6.13, the Collateral Agent shall have received in respect of each Mortgaged Property a mortgagees title insurance policy (or policies) or marked up unconditional binder for such insurance, in each case in form and substance satisfactory to the Collateral Agent, and the Collateral Agent shall have received evidence satisfactory to it that all premiums in respect of each such policy, all charges for mortgage recording tax, and all related expenses, if any, have been paid. (iii) Except to the extent provided for in Section 6.13, the Collateral Agent shall have received (A) a policy of flood insurance that (1) covers any parcel of improved real property that is encumbered by any Mortgage and is located in a special flood hazard area and (2) is written in an amount not less than the outstanding principal amount of the indebtedness secured by such Mortgage that is reasonably allocable to such real property or the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less and (B) confirmation that the Borrower has received the notice required pursuant to Section 208.25(i) of Regulation H of the Board. (iv) Except to the extent provided for in Section 6.13, the Collateral Agent shall have received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in clause (iii) above and a copy of all other material documents affecting the Mortgaged Properties.

Mortgages, etc from Credit Agreement

CREDIT AGREEMENT, dated as of March 2, 2007 among (a) VALASSIS COMMUNICATIONS, INC., a Delaware corporation (Valassis or Borrower), (b) the several banks and other financial institutions or entities from time to time parties to this Agreement (the Lenders), (c) BEAR, STEARNS & CO. INC., as joint bookrunner and joint lead arranger (Bear Stearns), (d) BANC OF AMERICA SECURITIES LLC, as joint bookrunner and as joint lead arranger (in such capacity, together with Bear Stearns, collectively, the Joint Lead Arrangers), (e) BANK OF AMERICA, N.A., as syndication agent (in such capacity, the Syndication Agent), (f) THE ROYAL BANK OF SCOTLAND PLC, as co-documentation agent, JPMORGAN CHASE BANK, N.A., as co-documentation agent, GENERAL ELECTRIC CAPITAL CORPORATION, as co-documentation agent (in such capacity, collectively, the Documentation Agent), and (g) BEAR STEARNS CORPORATE LENDING INC. (BSCL), as administrative agent (in such capacity, the Administrative Agent) and as collateral agent for t

Mortgages, etc. i) The Collateral Agent shall have received a Mortgage with respect to each Mortgaged Property, executed and delivered by a duly authorized officer of each party thereto. (ii) If requested by the Collateral Agent, the Collateral Agent shall have received, and the title insurance company issuing the policy referred to in clause (iii) below (the Title Insurance Company) shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties certified to the Collateral Agent and the Title Insurance Company in a manner reasonably satisfactory to them, dated a date satisfactory to the Collateral Agent and the Title Insurance Company by an independent professional licensed land surveyor satisfactory to the Collateral Agent and the Title Insurance Company, which maps or plats and the surveys on which they are based shall be made in accordance with the Minimum Standard Detail Requirements for Land Title Surveys jointly established and adopted by the American Land Title Association and the American Congress on Surveying and Mapping in 1992, and, without limiting the generality of the foregoing, there shall be surveyed and shown on such maps, plats or surveys the following: (A) the locations on such sites of all the buildings, structures and other improvements and the established building setback lines; (B) the lines of streets abutting the sites and width thereof; (C) all access and other easements appurtenant to the sites; (D) all roadways, paths, driveways, easements, encroachments and overhanging projections and similar encumbrances affecting the site, whether recorded, apparent from a physical inspection of the sites or otherwise known to the surveyor; (E) any encroachments on any adjoining property by the building structures and improvements on the sites; (F) if the site is described as being on a filed map, a legend relating the survey to said map; and (G) the flood zone designations, if any, in which the Mortgaged Properties are located. (iii) The Collateral Agent shall have received in respect of each Mortgaged Property a mortgagees title insurance policy (or policies) or marked up unconditional binder for such insurance. Each such policy shall (A) be in an amount reasonably satisfactory to the Collateral Agent; (B) be issued at ordinary rates; (C) insure that the Mortgage insured thereby creates a valid first Lien on such Mortgaged Property free and clear of all defects and encumbrances, except as disclosed therein and those Liens referenced in Sections 8.3(k) and 8.3(l); (D) name the Collateral Agent for the benefit of the Secured Parties as the insured thereunder; (E) be in the form of ALTA Loan Policy - 1970 (Amended 10/17/70 and 10/17/84) or 1992 ALTA Loan Policy (or equivalent policies); (F) contain such endorsements and affirmative coverage as the Collateral Agent may reasonably request and (G) be issued by title companies reasonably satisfactory to the Collateral Agent (including any such title companies acting as co-insurers or reinsurers, at the option of the Collateral Agent exercised in the Collateral Agents reasonable discretion). The Collateral Agent shall have received evidence reasonably satisfactory to it that all premiums in respect of each such policy, all charges for mortgage recording tax, and all related expenses, if any, have been paid. (iv) If requested by the Collateral Agent, the Collateral Agent shall have received (A) a policy of flood insurance that (1) covers any parcel of improved real property that is encumbered by any Mortgage, (2) is written in an amount not less than the outstanding principal amount of the indebtedness secured by such Mortgage that is reasonably allocable to such real property or the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less, and (3) has a term ending not later than the maturity of the Indebtedness secured by such Mortgage and (B) confirmation that the Borrower has received the notice required pursuant to Section 208(e)(3) of Regulation H of the Board. (v) The Collateral Agent shall have received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in clause (iii) above and a copy of all other material documents affecting the Mortgaged Properties.

Mortgages, etc from Credit Agreement

CREDIT AGREEMENT (this "Agreement"), dated as of March 8, 2006, among WS MIDWAY HOLDINGS, INC., a Delaware corporation ("Holdings"), DAVE & BUSTER'S, INC., a Missouri corporation (the "Borrower"), 6131646 CANADA INC., a Canadian corporation (the "Canadian Borrower"), the several banks and other financial institutions or entities from time to time parties to this Agreement (the "Lenders"), WELLS FARGO BANK, N.A. and CIT LENDING SERVICES CORPORATION, as co-documentation agents (collectively, in such capacity, the "Documentation Agents"), BANK OF AMERICA, N.A., as syndication agent (in such capacity, the "Syndication Agent"), and JPMORGAN CHASE BANK, N.A., as administrative agent.

Mortgages, etc. i) The Administrative Agent shall have received a Mortgage with respect to each Mortgaged Property, executed and delivered by a duly authorized officer of each party thereto. (ii) If requested by the Administrative Agent, the Administrative Agent shall have received, and the title insurance company issuing the policy referred to in clause (iii) below (the "Title Insurance Company") shall have received, maps or plats of an as-built survey of the sites of the Mortgaged Properties certified to the Administrative Agent and the Title Insurance Company in a manner satisfactory to them, dated a date satisfactory to the Administrative Agent and the Title Insurance Company by an independent professional licensed land surveyor satisfactory to the Administrative Agent and the Title Insurance Company (the "Surveys"); provided, however, that the obligation to deliver the Surveys shall not be a condition to the initial extension of credit on the Closing Date, so long as the Borrower delivers the Surveys within 75 days after the Closing Date (or such later date as the Administrative Agent may agree). (iii) The Administrative Agent shall have received in respect of each Mortgaged Property a mortgagee's title insurance policy (or policies) or marked up unconditional binder for such insurance, in each case in form and substance satisfactory to the Administrative Agent. The Administrative Agent shall have received evidence satisfactory to it that all premiums in respect of each such policy, all charges for mortgage recording tax, and all related expenses, if any, have been paid. (iv) If requested by the Administrative Agent, the Administrative Agent shall have received (A) a policy of flood insurance that (1) covers any parcel of improved real property that is encumbered by any Mortgage (2) is written in an amount not less than the outstanding principal amount of the indebtedness secured by such Mortgage that is reasonably allocable to such real property or the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less, and (3) has a term ending not later than the maturity of the Indebtedness secured by such Mortgage and (B) confirmation that the Borrower has received the notice required pursuant to Section 208(e)(3) of Regulation H of the Board. (v) The Administrative Agent shall have received a copy of all recorded documents referred to, or listed as exceptions to title in, the title policy or policies referred to in clause (iii) above and a copy of all other material documents affecting the Mortgaged Properties.

Mortgages, etc from Guarantee and Collateral Agreement

CREDIT AGREEMENT (this Agreement), dated as of April 15, 2005, among MUZAK LLC, a Delaware limited liability company (the Borrower), MUZAK HOLDINGS LLC, a Delaware limited liability company (Holdings), the several banks and other financial institutions or entities from time to time parties to this Agreement (the Lenders), BEAR, STEARNS & CO. INC., as sole lead arranger and sole bookrunner (with its successors and assigns, in such capacity, the Lead Arranger), and BEAR STEARNS CORPORATE LENDING INC., as administrative agent (together with its successors and assigns, in such capacity, the Administrative Agent) and collateral agent (together with its successors and assigns, in such capacity, the Collateral Agent).

Mortgages, etc. (i) The Collateral Agent shall have received, with respect to (A) the Mortgaged Property located at 4200 Royal Lane, Dallas County, Texas, a Mortgage and (B) the Mortgaged Property located at 2216 Kensington Avenue, Erie County, New York, an amendment to the Mortgage delivered in connection with the Existing Credit Agreement, together with such affidavits, modification documents, assignment documents and other documents and instruments as the Collateral Agent may reasonably request in order to perfect and protect the lien created thereunder in respect of the real property interests described therein (collectively, the New York Mortgage Amendment Documents), in each case in form and substance satisfactory to the Collateral Agent, executed and delivered by a duly authorized officer of each party thereto.