General Covenants and Representations. Grantor covenants, represents and warrants that as of the date hereof and at all times thereafter during the term hereof: (a) Grantor is seized of an indefeasible estate in fee simple in that portion of the Property which is real property, and has good and absolute title to it and the balance of the Property free and clear of all liens, security interests, charges and encumbrances whatsoever, except for (i) the First Deed of Trust (as hereinafter defined), (ii) Collateral Permitted Liens (as such term is defined in the Notes Indenture until the full repayment of the Notes and the release of the Notes Beneficiary's interest in this Deed of Trust, and thereafter, as defined in the Bond Loan Agreement), and (iii) Permitted Encumbrances (as hereinafter defined) (such liens, security interests, charges and encumbrances described in subsections (i) through (iii) above being hereinafter referred collectively to as the "AUTHORIZED LIENS"); this Deed of Trust creates valid, enforceable second priority liens against the Property constituting real property subject only to (y) those liens, security interests, charges and encumbrances set forth on Schedule B of the loan policy of title insurance delivered to the Beneficiaries insuring the lien of this Deed of Trust, and (z) those liens, security interests, charges and encumbrances expressly permitted or consented to by the Beneficiaries, including, without limitation, the liens referred to in Section 4.12 hereof (such liens, security interests, charges and encumbrances described in subsections (y) and (z) above being hereinafter referred collectively to as the "PERMITTED ENCUMBRANCES"), which Permitted Encumbrances shall include the licenses, covenants, restrictions, easements and rights of way granted from time to time by Grantor for utilities, pipelines, egress and ingress servicing or benefiting the Property and/or other property owned, leased or occupied by Grantor, any affiliate of Grantor, or any successor or assignee of Grantor or any affiliate of Grantor, under that certain Master Declaration of Easements, Covenants and Restrictions for Weirton, West Virginia Plant Site dated as of October 25, 2001 as recorded with the Clerk of the County Commission of Xxxxxxx County, West Virginia (the "CLERK'S OFFICE") in Lease Book 36, at Page 633, as amended under that certain First Amendment to Master Declaration of Easements, Covenants and Restrictions for Weirton, West Virginia Plant Site dated as of October 26, 2001 and...
General Covenants and Representations. Section 5.01 Payment of Principal and Interest 30 Section 5.02 Performance of Covenants 30 Section 5.03 Instruments of Further Assurance 30 Section 5.04 Inspection of Project Books 31 Section 5.05 No Modification of Security; Additional Indebtedness 31 Section 5.06 Damage, Destruction or Condemnation 31 Section 5.07 Tax Covenants 32 Section 5.08 Representations and Warranties of the Governmental Lender 33
General Covenants and Representations. Mortgagor covenants, represents and warrants that as of the date hereof and at all times thereafter during the term hereof: (a) Mortgagor is seized of an indefeasible estate in fee simple in that portion of the Mortgaged Property which is real property, and has good and absolute title to it and the balance of the Mortgaged Property free and clear of all liens, security interests, charges and encumbrances whatsoever, except for "Permitted Liens" as defined in the Loan Agreement; and (b) Mortgagor has good right, full power and lawful authority to mortgage and pledge the Mortgaged Property as provided herein; (c) upon the occurrence of an Event of Default (hereinafter defined), Lender may at all times thereafter peaceably and quietly enter upon, hold, occupy and enjoy the Mortgaged Property in accordance with the terms hereof and of the Loan Agreement; and (d) Mortgagor will maintain and preserve the lien of this Mortgage as a first and paramount lien on the Mortgaged Property, subject only to the Permitted Liens, until the Secured Liabilities have been paid in full and all obligations of Lender under the Loan Agreement have been terminated.
General Covenants and Representations. Mortgagor covenants, represents and warrants that as of the date hereof and at all times thereafter during the term hereof: (a) Mortgagor is seized of an indefeasible estate in fee simple in that portion of the Mortgaged Property which is real property, and has good and absolute title to it and the balance of the Mortgaged Property free and clear of all liens, security interests, charges and encumbrances whatsoever except for Permitted Liens (defined in the Credit Agreement); (b) Mortgagor has good right, full power and lawful authority to mortgage and pledge the Mortgaged Property as provided herein; (c) upon the occurrence of an Event of Default (hereinafter defined), Bank may at all times peaceably and quietly enter upon, hold, occupy and enjoy the Mortgaged Property in accordance with the terms hereof; and (d) Mortgagor will maintain and preserve the lien of this Mortgage as a first and paramount lien on the Mortgaged Property subject only to the Permitted Liens until Borrower’s Liabilities have been paid in full.
General Covenants and Representations. 5.01 Payment of Principal and Interest 5.02 Performance of Covenants 5.03 Instruments of Further Assurance 5.04 Inspection of Project Books
General Covenants and Representations. Mortgagor covenants, represents and warrants that as of the date hereof and at all times thereafter during the term hereof: (a) Mortgagor is seized of an indefeasible estate in fee simple in that portion of the Mortgaged Property which is real property, and has good and absolute title to it and the balance of the Mortgaged Property free and clear of all liens, security interests, charges and encumbrances whatsoever, except for Permitted Liens (as defined in the Credit Agreement); and (b) Mortgagor will maintain and preserve the lien of this Mortgage as a first and paramount lien on the Mortgaged Property, subject only to the Permitted Liens, until all of the Secured Liabilities have been paid in full and all obligations of Agent and Lenders under the Credit Agreement have been terminated.
General Covenants and Representations. WorldHeart represents, warrants, covenants and agrees with the Warrant Agent that so long as any Warrant remains outstanding and may be exercised:
General Covenants and Representations. Mortgagor covenants, represents and warrants that as of the date hereof and at all times thereafter during the term hereof: (a) Mortgagor holds good and marketable fee simple title to that portion of the Mortgaged Property which is real property, and has good title to the balance of the Mortgaged Property free and clear of all liens, security interests, charges and encumbrances whatsoever, except for Permitted Encumbrances; and (b) Mortgagor will maintain and preserve the lien of this Mortgage as a first and paramount lien on the Mortgaged Property, subject only to the Permitted Encumbrances, until all of the Secured Obligations have been paid in full and all obligations of Agent and Lenders under the Credit Agreement have been terminated. 1.3.
General Covenants and Representations. BIOSHIELD
General Covenants and Representations. Bioshield
