Further Assurance of Title. If at any time the Surviving Corporation determines that any acknowledgments, assurances or other actions are necessary or desirable in order to acknowledge or confirm in the Surviving Corporation any right, title or interest held by PISC-CT immediately prior to the Effective Date, PISC-CT and its proper officers and directors shall, as and when required by the Surviving Corporation, execute and deliver all such acknowledgements or assurances, and do all further things as the Surviving Corporation may deem necessary or appropriate to acknowledge or confirm such right, title, possession or interest in the Surviving Corporation or to carry out the purposes of this Plan and Agreement of Merger. The Surviving Corporation and its officers and directors are fully authorized to take any and all such action in the name of PISC-CT or otherwise.
Further Assurance of Title. If at any time Lender has reason to believe in its reasonable opinion that any Advance is not secured or will or may not be secured by the Mortgage as a first priority lien or security interest on the Improvements (subject only to the Permitted Encumbrances and the Loan Documents), then Borrower shall, within ten (10) days after written notice from Lender, do all things and matters necessary (including execution and delivery to Lender of all further documents and performance of all other acts which Lender reasonably deems necessary or appropriate) to assure to the reasonable satisfaction of Lender that any Advance previously made hereunder or to be made hereunder is secured or will be secured by the Mortgage as a first priority lien or security interest with respect to the Improvements (subject only to the Permitted Encumbrances and the Loan Documents). Lender, at Lender’s option, may decline to make further Advances hereunder until Lender has received such assurance.
Further Assurance of Title. If at any time the Delaware Corporation shall consider or be advised that any acknowledgments or assurances in law or other similar actions are necessary or desirable in order to acknowledge or confirm in and to the Delaware Corporation any right, title, or interest of the Georgia Corporation held immediately prior to the Effective Date. The Georgia Corporation and its proper officers and directors serving the Georgia Corporation immediately prior to the Effective Date shall and will execute and deliver all such acknowledgments or assurances in law and do all things necessary or proper to acknowledge or confirm such right, title, or interest in the Delaware Corporation as shall be necessary to carry out the purposes of this Agreement of Merger, and the Delaware Corporation and the proper officers and directors thereof are fully authorized to take any and all such action in the name of the Georgia Corporation or otherwise.
Further Assurance of Title. If at any time Administrative Agent has reason to believe in its reasonable opinion that any Advance is not secured or will or may not be secured by the Mortgage as a first priority Lien or security interest on the Facility (subject only to the Permitted Encumbrances), then Borrower shall, within 10 days after written notice from Administrative Agent, take such actions as are reasonably requested by Administrative Agent (including execution and delivery to Administrative Agent of all further documents and performance of all other acts that Administrative Agent reasonably deems necessary or appropriate) to assure to the satisfaction of Administrative Agent that any Advance previously made hereunder or to be made hereunder is secured or will be secured by the Mortgage as a first priority Lien or security interest with respect to the Facility (subject only to the Permitted Encumbrances). Administrative Agent, at its option, may decline to make further Advances hereunder until it has received such assurance.
Further Assurance of Title. If at any time the Lender or the Lender's counsel has reason to believe that any Advance is not secured or will or may not be secured by the Mortgage as a first lien or security interest on the Project, then the Borrower shall, within ten (10) days after written notice from the Lender, do all things and matters necessary, to assure to the reasonable satisfaction of the Lender and the Lender's counsel that any Advance previously made hereunder or to be made hereunder is secured or will be secured by the Mortgage as a first leasehold lien or security interest on the Project, and the Lender, at its option, may decline to make further Advances hereunder until the Lender has received such assurance, but nothing in this Section shall limit the Lender's right to require endorsements extending the effective date of the Title Policy as herein set forth.
Further Assurance of Title. If at any time Lender has reason to believe in its reasonable opinion that any Construction Loan Advance is not secured or will or may not be secured by the Mortgage as a Lien on the Properties (subject only to the Permitted Encumbrances), then Borrowers shall, within ten (10) days after written notice from Lender, do all things and matters necessary (including execution and delivery to Lender of all further documents and performance of all other acts which Lender reasonably deems necessary or appropriate) to assure to the reasonable satisfaction of Lender that any Construction Loan Advances previously made hereunder or to be made hereunder are secured or will be secured by the Mortgage (subject only to the Permitted Encumbrances). Lender, at Lender’s option, may decline to make further Construction Loan Advances hereunder until Lender has received such assurance.
Further Assurance of Title. Except as more particularly provided in Section 2.12.1 hereof with respect to the Stored Materials, Borrower will further assure title as follows: If at any time Agent or Agent's counsel has reason to believe that any Advance is not secured or will or may not be secured by the Security Instruments as a first lien, security title or security interest on the Projects, then Borrower shall, within ten (10) days after written notice from Agent, do all things and matters necessary, to assure to the satisfaction of Agent and Agent's counsel that any Advance previously made hereunder or to be made hereunder is secured or will be secured by the Security Instruments as a first lien, security title or security interest on the Projects, and Agent, at its option, may decline to make further Advances hereunder until Agent has received such assurance, but nothing in this Section 9.18 shall limit Agent's right to require endorsements extending the effective date of the Title Policies.
Further Assurance of Title. The Borrower will further assure title as follows: If at any time the Agent or the Agent's counsel has reason to believe that any Advance is not secured or will or may not be secured by the Security Deed as a first lien or security interest on the Project, then the Borrower shall, within ten (10) days after written notice from the Agent, do all things and matters reasonably necessary to assure to the satisfaction of the Agent and the Agent's counsel that any Advance previously made hereunder or to be made hereunder is secured or will be secured by the Security Deed as a first lien or security interest on the Project, and the Agent, at its option, may decline to make further Advances hereunder until the Agent has received such assurance; but nothing in this Section 9.19 shall limit the Agent's right to require endorsements extending the effective date of the Title Policy as herein set forth.
Further Assurance of Title. Borrower shall further assure title as follows: If at any time Agent has reason to believe in its reasonable opinion that any Advance is not secured or will or may not be secured by the Project Loan Mortgage as a third priority lien or security interest on the Improvements (subject only to the Permitted Encumbrances), then Borrower shall, within ten (10) days after written notice from Agent, do all things and matters necessary (including execution and delivery to Agent of all further documents and performance of all other acts which Agent reasonably deems necessary or appropriate) to assure to the reasonable satisfaction of Agent that any Advance previously made hereunder or to be made hereunder is secured or will be secured by the Project Loan Mortgage as a third priority lien or security interest with respect to the Improvements (subject only to the Permitted Encumbrances). Lenders, at Agent's option, may decline to make further Advances hereunder until Agent has received such assurance. The Title Company, in its capacity as subrogee to Lenders' rights against Borrower, shall not have the right to enforce this Section 4.1.36
Further Assurance of Title. If at any time Lender's legal counsel is of the reasonable opinion that any Advance is not secured or will not be secured by the Loan Documents as a first Lien or first priority security interest on the Property, subject only to the matters in the Title Policy, then Borrower shall, within ten (10) days after written notice of such opinion from Lender, do all things and matters reasonably necessary to assure to the reasonable satisfaction of Lender's counsel that any advance previously made hereunder or to be made hereunder is secured or will be secured by the Loan Documents as a first Lien or first priority security interest on the Property, subject to the matters in such title insurance policy, and Lender, at its option, may decline to make further Advances hereunder until Lender has received such assurance, but nothing in this Section shall limit Lender's right to require endorsements extending the effective date of such policy prior to an Advance under each Application for Advance.
