Real Estate Mortgages. The Borrower or the applicable Guarantor (as the case may be) shall have duly executed and delivered to the Collateral Agent the First Lien Real Estate Mortgages, together with (i) evidence that First Lien Real Estate Mortgages shall be recorded in all places to the extent that the Collateral Agent may deem reasonably necessary to perfect and protect the Liens created thereby, including, without limitation, recordings and filings with the appropriate agencies, and all filings and recording fees and taxes in respect thereof shall have been duly paid and (ii) evidence that all other action that the Collateral Agent may deem reasonably necessary to perfect and protect the Liens and security interests created under the First Lien Real Estate Mortgages has been taken.
Real Estate Mortgages. Within 90 days after the Issue Date (or such later date as the Notes Collateral Agent may determine in its sole discretion), Holdings shall deliver or cause the Issuer or such Subsidiary Guarantor that is the record owner of Mortgaged Property granted to the Senior Credit Facilities Collateral Agent to secure the obligations under the Credit Agreement to deliver to the Notes Collateral Agent (a) an executed Mortgage, in full force and effect, to secure the Secured Notes Obligations, (b) a policy or policies of title insurance issued by a nationally recognized title insurance company insuring the lien of each such Mortgage as a valid and enforceable first-priority lien on the real property described therein, free of any liens, other than Permitted Liens (and any other liens acceptable to the Notes Collateral Agent in its sole discretion), as applicable, which policies shall be in form and substance reasonably satisfactory to the Notes Collateral Agent, together with such endorsements, coinsurance and reinsurance as the Notes Collateral Agent may reasonably request and (c) copies of the surveys (together with a no change affidavit or survey update if required by the title insurance company in order to obtain survey coverage), abstracts and appraisals delivered to the Senior Credit Facilities Collateral Agent in connection with the mortgages granted to secure the obligations under the Credit Agreement, and such legal opinions as the Notes Collateral Agent may reasonably request with respect to any such Mortgage or real property pledged as collateral for the Secured Notes Obligations. ARTICLE 5
Real Estate Mortgages. With respect to any real property, other than real property that constitutes Excluded Property, owned by any Credit Party on the Effective Date or acquired by a Credit Party at any time thereafter (individually and collectively, the “Premises”), the applicable Credit Party shall deliver to the Administrative Agent, in the case of (x) any Premises owned on the Effective Date, no later ninety (90) days after the Effective Date (or such later date as may be agreed by the Administrative Agent) or (y) any Premises acquired after the Effective Date, no later than ninety (90) days after the date of such acquisition (or such later date as may be agreed by the Administrative Agent):
Real Estate Mortgages. Schedule 4.8 hereto sets forth with respect to any Real Estate (i) the amount of existing Indebtedness secured by a Lien on each property (each such property being a "Mortgaged Property"), (ii) the current monthly payment of interest and principal in respect of such Indebtedness, (iii) the current interest payable in respect of such Indebtedness, and (iv) the estimated fair market values thereof as set forth in certain appraisals prepared by third party appraisers, copies of which have heretofore been furnished to Lender. Borrower has no reason to believe that the amounts specified in the preceding sentence are not accurate. Borrower is not in default of its obligations under any such Indebtedness nor has any event occurred which, with the giving of notice, the passage of time or both, would constitute a default under any such Indebtedness. 5.
Real Estate Mortgages. The Administrative Agent shall have received counterparts of the real estate mortgages, substantially in the form of Exhibit J hereto (as amended, supplemented, restated or otherwise modified from time to time, the "Mortgages"), duly executed by the Borrower and its U.S. Subsidiaries, together with (a evidence of the completion (or satisfactory arrangements for the completion) of all recordings and filings of the Mortgages (and related fixture filings) as may be necessary or, in the opinion of the Administrative Agent, desirable to effectively create a valid first priority mortgage Lien against all of the Realty listed on Schedule V hereto owned by the Borrower and its U.S. Subsidiaries; and (b such other approvals, opinions or documents in connection therewith as the Administrative Agent may reasonably request.
Real Estate Mortgages. The Borrower and the Guarantors agree that:
Real Estate Mortgages. The Agent and each Lender shall have received counterparts of real estate mortgages or deeds of trust, substantially in the form of Exhibit O hereto (collectively, the "Real Estate Mortgages"), duly executed by each Borrower and each applicable Subsidiary, together with
Real Estate Mortgages. The Borrower or the applicable Guarantor (as the case may be) shall have duly executed and delivered to the Collateral Agents the Real Estate Mortgages, together with (i) evidence that Real Estate Mortgages shall be recorded in all places to the extent that the Collateral Agents may deem reasonably necessary to perfect and protect the Liens created thereby, including, without limitation, recordings and filings with the appropriate agencies, and all filings and recording fees and taxes in respect thereof shall have been duly paid and (ii) evidence that all other action that the Collateral Agents may deem reasonably necessary to perfect and protect the liens and security interests created under the Real Estate Mortgages has been taken.
Real Estate Mortgages. The Borrower and the other Credit Parties acknowledge and agree that the Administrative Agent has identified the properties set forth on Schedule 1 hereto in a Real Estate Collateral Notice and the Borrower and the Administrative Agent have agreed on a form of deed of trust to be used to xxxxx x Xxxx on each such property in favor of the Administrative Agent, for the ratable benefit of the Secured Parties. In addition, the Borrower and the other Credit Parties have agreed to grant to the Administrative Agent, for the ratable benefit of the Secured Parties, a deed of trust, using the same agreed on form of deed of trust, on that certain property referred to as Xxxxxxx #00 located at 0000 Xxxxx XxxXxxxxx Xxx, Xxxxxxx, Xxxxx (such deed of trust, together with each deed of trust on the properties identified on Schedule 1 hereto to be included in the term “Mortgages” upon execution thereof). Notwithstanding anything to the contrary set forth in Section 8.22 of the Credit Agreement, the applicable Credit Parties shall, within three (3) Business Days, or such later date as agreed in writing by the Administrative Agent, of presentation to the applicable Credit Party for signature of such agreed upon deed of trust form completed to identify any such property, duly execute, have properly notarized and return to the Administrative Agent such deed of trust and promptly upon request take such other steps as shall permit the Administrative Agent to duly record such deed of trust in the appropriate land recording office or registry of deeds. The Credit Parties agree that such deeds of trust for such properties may be submitted to the Credit Parties for signature collectively or individually as they are completed.
Real Estate Mortgages. Borrowers shall within 60 days after the Closing Date deliver Mortgages and assignments of rents and leases (which in the case of Cardinal Holdings and Cardinal Services, Inc. may consist of amendments satisfactory to Administrative Agent of the existing Mortgages and assignments of rents and leases in favor of GE Capital as administrative agent on behalf of certain Prior Lenders) covering all of the Real Estate listed on SCHEDULE D-1 hereto (the "MORTGAGED PROPERTIES") together with: (a) title insurance policies, current as-built surveys, zoning letters and certificates of occupancy, in each case satisfactory in form and substance to Administrative Agent, in its sole discretion; (b) evidence that counterparts of the Mortgages have been recorded in all places to the extent necessary or desirable, in the judgment of Administrative Agent, to create a valid and enforceable first priority lien (subject to Permitted Encumbrances) on each Mortgaged Property in favor of Administrative Agent for the benefit of itself and Lenders (or in favor of such other trustee as may be required or desired under local law); and (c) an opinion of counsel in each state in which any Mortgaged Property is located in form and substance and from counsel satisfactory to Administrative Agent.
