Common use of General Representations, Covenants and Warranties Clause in Contracts

General Representations, Covenants and Warranties. Grantor represents, warrants and covenants that (a) Grantor is seized of a good and valid leasehold estate in and to the Premises, and has good right, full power and lawful authority to encumber the same as provided herein and Collateral Agent may, subject to the provisions of the Mortgaged Lease, at all times peaceably and quietly enter upon, hold, occupy and enjoy the Premises in accordance with the terms hereof; (b) the Property is free and clear of all liens, security interests, charges and encumbrances whatsoever except to the extent permitted by clauses (1), (2), (3), (4), (5), (8), (15) and (16) of the definition of Permitted Liens, as defined in the Indenture, and except for any liens, security interests, charges and encumbrances created or arising by, through or under the landlord under the Mortgaged Lease or its predecessors-in-title; (c) Grantor will maintain and preserve the lien of this Deed of Trust until the Obligations secured hereby have been paid in full; (d) the Premises has frontage on, and direct access of ingress, egress, and regress to, public rights of way; and (e) electric, gas, sewer, water facilities and any other necessary utilities are, and at all times hereafter shall be, available in sufficient capacity to service the Premises satisfactorily for its current use, and any easements necessary to the furnishing of such utility service to Grantor have been obtained.

Appears in 7 contracts

Samples: Golfsmith International Holdings Inc, Golfsmith International Holdings Inc, Golfsmith International Holdings Inc

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General Representations, Covenants and Warranties. Grantor represents, warrants and covenants that that: (a) Grantor is seized of a good and valid leasehold estate in and to the Premises, and has good right, full power and lawful authority to encumber the same as provided herein and Collateral Agent may, subject to the provisions of the Mortgaged Lease, may at all times peaceably and quietly enter upon, hold, occupy and enjoy the Premises in accordance with the terms hereof; (b) the Property is free and clear of all liens, security interests, charges and encumbrances whatsoever except to the extent permitted by clauses (1), (2), (3), (4), (5), (8), (15) and (16) of the definition of Permitted Liens, as defined in the Indenture, and except for any liens, security interests, charges and encumbrances created or arising by, through or under the landlord under the Mortgaged Lease or its predecessors-in-title; (c) Grantor will maintain and preserve the lien of this Deed of Trust until the Obligations secured hereby have been paid in full; (d) the Premises has frontage on, and direct access of ingress, egress, and regress to, public rights of way; and (e) electric, gas, sewer, water facilities and any other necessary utilities are, and at all times hereafter shall be, available in sufficient capacity to service the Premises satisfactorily for its current use, and any easements necessary to the furnishing of such utility service to Grantor have been obtained; and (f) the representations, warranties and covenants made by Grantor in the Notes and the Indenture Documents are incorporated herein by reference and made a part hereof.

Appears in 3 contracts

Samples: Golfsmith International Holdings Inc, Golfsmith International Holdings Inc, Golfsmith International Holdings Inc

General Representations, Covenants and Warranties. Grantor Mortgagor represents, warrants and covenants that (a) Grantor Mortgagor is seized of a good and valid leasehold estate in and to the Premises, and has good right, full power and lawful authority to encumber the same as provided herein and Collateral Agent may, subject to the provisions of the Mortgaged Lease, at all times peaceably and quietly enter upon, hold, occupy and enjoy the Premises in accordance with the terms hereof; (b) the Property is free and clear of all liens, security interests, charges and encumbrances whatsoever except to the extent permitted by clauses (1), (2), (3), (4), (5), (8), (15) and (16) of the definition of Permitted Liens, as defined in the Indenture, and except for any liens, security interests, charges and encumbrances created or arising by, through or under the landlord under the Mortgaged Lease or its predecessors-in-title; , (c) Grantor Mortgagor will maintain and preserve the lien of this Deed of Trust Mortgage until the Obligations secured hereby have been paid in full; (d) the Premises has frontage on, and direct access of ingress, egress, and regress to, public rights of way; and (e) electric, gas, sewer, water facilities and any other necessary utilities are, and at all times hereafter shall be, available in sufficient capacity to service the Premises satisfactorily for its current use, and any easements necessary to the furnishing of such utility service to Grantor Mortgagor have been obtained.

Appears in 2 contracts

Samples: Leasehold Mortgage (Golfsmith International Holdings Inc), Golfsmith International Holdings Inc

General Representations, Covenants and Warranties. Grantor Mortgagor represents, warrants and covenants that (a) Grantor subject only to the rights of others provided in the instruments described in Exhibit B attached hereto and incorporated herein and made a part hereof, Mortgagor is seized of a an indefeasible estate in fee simple in, and has good and valid leasehold estate in and to absolute title to, the PremisesProperty, and has good right, full power and lawful authority to encumber mortgage and pledge the same as provided herein and Collateral Agent may, subject to the provisions of the Mortgaged Lease, may at all times peaceably and quietly enter upon, hold, occupy and enjoy the Premises Property in accordance with the terms hereof; (b) the Property is free and clear of all liens, security interests, charges and encumbrances whatsoever except to the extent permitted by clauses (1), (2), (3), (4), (5), (8), (15) and (16) of the definition of Permitted Liens, as defined those described in the Indenture, and except for any liens, security interests, charges and encumbrances created or arising by, through or under the landlord under the Mortgaged Lease or its predecessors-in-titleExhibit B; (c) Grantor the Mortgagor will maintain and preserve the lien of this Deed of Trust Mortgage until the Obligations secured hereby have been paid in full; (d) the Premises Property is improved with those improvements described in Exhibit C attached hereto and incorporated herein and made a part hereof and has frontage on, and direct access of ingress, egress, and regress to, public rights of waythe street(s) described therein; and (e) electric, gas, sewer, water facilities and any other necessary utilities are, and at all times hereafter shall be, available in sufficient capacity to service the Premises Property satisfactorily for its current useas it is presently used or improved by Mortgagor, and any easements necessary to the furnishing of such utility service to Grantor by Mortgagor have been obtained; and (f) the representations, warranties and covenants made by Mortgagor in the Loan Documents are incorporated herein by reference and made a part hereof.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Tropical Sportswear International Corp)

General Representations, Covenants and Warranties. Grantor Mortgagor represents, warrants and covenants that (a) Grantor Mortgagor is seized of a good and valid leasehold estate in and to the Premises, and has good right, full power and lawful authority to encumber the same as provided herein and Collateral Agent may, subject to the provisions of the Mortgaged Lease, at all times peaceably and quietly enter upon, hold, occupy and enjoy the Premises in accordance with the terms hereof; (b) the Property is free and clear of all liens, security interests, charges and encumbrances whatsoever except to the extent permitted by clauses (1), (2), (3), (4), (5), (8), (15) and (16) of the definition of Permitted Liens, as defined in the Indenture, and except for any liens, security interests, charges and encumbrances created or arising by, through or under the landlord under the Mortgaged Lease or its predecessors-in-title; , (c) Grantor Mortgagor will maintain and preserve the lien of this Deed of Trust Mortgage until the Obligations secured hereby have been paid in full; (d) the Premises has frontage on, and direct access of ingress, egress, and regress to, public rights of way; , and (e) electric, gas, sewer, water facilities and any other necessary utilities are, and at all times hereafter shall be, available in sufficient capacity to service the Premises satisfactorily for its current use, and any easements necessary to the furnishing of such utility service to Grantor Mortgagor have been obtained.

Appears in 1 contract

Samples: Golfsmith International Holdings Inc

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General Representations, Covenants and Warranties. Grantor Mortgagor represents, warrants and covenants that (a) Grantor Mortgagor is seized of a good and valid leasehold estate in and to the Premises, and has good right, full power and lawful authority to encumber the same as provided herein and Collateral Agent may, subject to the provisions of the Mortgaged LeaseSublease, at all times peaceably and quietly enter upon, hold, occupy and enjoy the Premises in accordance with the terms hereof; (b) the Property is free and clear of all liens, security interests, charges and encumbrances whatsoever except to the extent permitted by clauses (1), (2), (3), (4), (5), (8), (15) and (16) of the definition of Permitted Liens, as defined in the Indenture, and except for any liens, security interests, charges and encumbrances created or arising by, through or under the landlord under the Mortgaged Lease Sublease or its predecessors-in-title; , (c) Grantor Mortgagor will maintain and preserve the lien of this Deed of Trust Mortgage until the Obligations secured hereby have been paid in full; (d) the Premises has frontage on, and direct access of ingress, egress, and regress to, public rights of way; and (e) electric, gas, sewer, water facilities and any other necessary utilities are, and at all times hereafter shall be, available in sufficient capacity to service the Premises satisfactorily for its current use, and any easements necessary to the furnishing of such utility service to Grantor Mortgagor have been obtained.

Appears in 1 contract

Samples: Golfsmith International Holdings Inc

General Representations, Covenants and Warranties. Grantor represents, warrants and covenants that (a) Grantor is seized of a good and valid leasehold an indefeasible estate in fee simple in, and to has good title to, the PremisesProperty, and has good right, full power and lawful authority to encumber the same as provided herein and Collateral Agent may, subject to the provisions of the Mortgaged Lease, Indenture Trustee may at all times peaceably and quietly enter upon, hold, occupy and enjoy the Premises Property in accordance with the terms hereof; (b) the Property is free and clear of all liens, security interests, charges and encumbrances whatsoever except to the extent permitted by clauses (1), (2), (3), (4), (5), (8), (15) and (16) of the definition of Permitted Liens, as defined in the Indenture, and except for any liens, security interests, charges and encumbrances created or arising by, through or under the landlord under the Mortgaged Lease or its predecessors-in-title; (c) Grantor will maintain and preserve the lien of this Deed of Trust until the Obligations secured hereby have been paid in full; (d) the Premises Property has frontage on, and direct access of ingress, egress, and regress to, public rights of way; and (e) electric, gas, sewer, water facilities and any other necessary utilities are, and at all times hereafter shall be, available in sufficient capacity to service the Premises Property satisfactorily for its current use, and any easements necessary to the furnishing of such utility service to Grantor have been obtained; and (f) the representations, warranties and covenants made by Grantor in the Notes and the Indenture Documents are incorporated herein by reference and made a part hereof.

Appears in 1 contract

Samples: Golfsmith International Holdings Inc

General Representations, Covenants and Warranties. Grantor Mortgagor represents, warrants and covenants that (a) Grantor Mortgagor is seized of a good and valid leasehold estate in and to the Premises, and has good right, full power and lawful authority to encumber the same as provided herein and Collateral Agent may, subject to the provisions of the Mortgaged Lease, at all times peaceably and quietly enter upon, hold, occupy and enjoy the Premises in accordance with the terms hereof; (b) the Property is free and clear of all liens, security interests, charges and encumbrances whatsoever except to the extent permitted by clauses (1), (2), (3), (4), (5), (8), (15) and (16) of the definition of Permitted Liens, as defined in the Indenture, and except for any liens, security interests, charges and encumbrances created or arising by, through or under the landlord under the Mortgaged Lease or its predecessors-in-title; (c) Grantor Mortgagor will maintain and preserve the lien of this Deed of Trust Mortgage until the Obligations secured hereby have been paid in full; (d) the Premises has frontage on, and direct access of ingress, egress, and regress to, public rights of way; and (e) electric, gas, sewer, water facilities and any other necessary utilities are, and at all times hereafter shall be, available in sufficient capacity to service the Premises satisfactorily for its current use, and any easements necessary to the furnishing of such utility service to Grantor Mortgagor have been obtained.

Appears in 1 contract

Samples: Golfsmith International Holdings Inc

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