Additional Material Real Property Sample Clauses

Additional Material Real Property. (a) In the event that, after the Issue Date, any Grantor acquires any Real Property that constitutes Material Real Property at the time of the acquisition thereof (or within a reasonable time after the completion of the construction of the improvement), such Grantor shall within one hundred and twenty (120) days thereafter (or such longer period following such date as the Majority Holders, in their sole discretion, may agree) take all such actions and execute and deliver, or cause to be executed and delivered, all such documents in the manner contemplated by Section 8.13(b) with respect to each such subsequently acquired Material Real Property, that the Collateral Agent (at the direction of the Majority Holders) shall reasonably request to create in favor of the Collateral Agent, for the benefit of the Holders, a valid and, subject to any filing and/or recording referred to herein, perfected first priority Lien in such subsequently acquired Material Real Property. (b) In order to create in favor of the Collateral Agent, for the benefit of the Holders, a valid and, subject to any filing and/or recording referred to herein, perfected first priority security interest in a Material Real Property as required by Section 8.13(a), the applicable Grantor shall promptly take such actions, and execute and deliver, or cause to be executed and delivered the following, in each case, to the extent reasonably requested by the Collateral Agent (at the direction of the Majority Holders), and to provide additional assurances to the Collateral Agent for the benefit of the Holders with respect to such Material Real Property: (i) a fully executed and notarized Mortgage, in proper form for recording in all appropriate places in all applicable jurisdictions, encumbering such Material Real Property to secure the Obligations; (ii) an opinion of counsel (which counsel shall be reasonably satisfactory to the Collateral Agent (at the direction of the Majority Holders)) in each jurisdiction in which such Material Real Property is located with respect to the enforceability of the form(s) of Mortgages to be recorded in such jurisdiction and such other matters of local law as the Collateral Agent (at the direction of the Majority Holders) may reasonably request, in each case in form and substance reasonably satisfactory to the Collateral Agent (at the direction of the Majority Holders); provided that, if any Issue Date Mortgage Property has more than one Mortgage within the same State, on...

Additional Material Real Property. To the extent acquired after the Issue Date, (i) in the case of owned real property having a Fair Market Value (as determined in good faith by the Issuer) at the time of acquisition in excess of $10,000,000 (each such property a “Material Owned Real Property”), grant, and cause each of the Guarantors to grant, within 60 days after the closing of such acquisition to the applicable Notes Collateral Agent (or such longer period as may be reasonably necessary in the good faith determination of the Issuer), mortgages in and charges on such Material Owned Real Property of any Guarantor as are not covered by existing mortgages and (ii) in the case of each ground leased real property on which earth station equipment worth more than $10,000,000 (as determined in good faith by the Issuer) are located (each such property a “Material Leased Real Property”), use commercially reasonable efforts (it being understood that in no event shall such efforts require the making of payments or material concessions in exchange for such consent) to obtain from the applicable landlord consent to grant a leasehold mortgage in such lease, and if such consent is obtained, to grant, and cause the Loan Party to grant, within 60 days after such consent is received (or such longer period as may be reasonably necessary in the good faith determination of the Issuer), to the Collateral Agent, leasehold mortgages in and charges on such leased real property of any Loan Party as are not covered by existing mortgages, in each case pursuant to customary documentation and constituting valid and enforceable perfected Liens superior to and prior to the rights of all third persons subject to no other Liens except as are permitted by Section 1012 or arising by operation of law, at the time of perfection thereof, record or file, and cause each such Subsidiary to record or file, the mortgage or instruments related thereto in such manner and in such places as is required by law to establish, perfect, preserve and protect the Liens in favor of the Notes Collateral Agent required to be granted pursuant to the mortgage and pay, and cause each such Subsidiary to pay, in full, all taxes, fees and other charges payable in connection therewith, in each case subject to the definition of “Excluded Collateral.”

Additional Material Real Property. In the event that any Note Party acquires or holds Material Real Property then, subject to any applicable Subordination Agreement, such Note Party shall promptly (and in any event within 120 days thereafter or such longer period as may be agreed to by the Required Investors and as shall be automatically extended in the event that applicable agent and requisite lenders under the Permitted Senior Indebtedness agree to provide an extension to such deadline), take all such actions and execute and deliver, or cause to be executed and delivered, all such Mortgage Deliverables with respect to each such Material Real Property that the Required Investors shall reasonably request to create in favor of Collateral Agent, for the benefit of the Investors, a valid and, subject to any filing and/or recording referred to herein, perfected first priority security interest (subject to Permitted Liens) in such Material Real Property.

Additional Material Real Property. (i) Within ninety (90) days (or as soon as practicable thereafter using commercially reasonable efforts, or such longer period as the Notes Collateral Agent may agree in its discretion) following the closing of any acquisition of any Material Real Property by the Company or any Guarantor or (ii) in the case of any Material Real Property owned by the Company or the Initial Guarantor on the Closing Date or by any other Guarantor on the date such Guarantor signs and delivers a Security Agreement Supplement as defined in, and pursuant to the terms of, the Security Agreement, within ninety (90) days (or as soon as practicable thereafter using commercially reasonable efforts, or such longer period as the Notes Collateral Agent may agree in its reasonable discretion following such date), the Company or such Guarantor shall cause the Mortgage Requirement to be satisfied with respect to such Material Real Property.

Additional Material Real Property. In the event that any Loan Party acquires Material Real Property or Real Property owned on the Closing Date becomes Material Real Property and such interest in such Material Real Property has not otherwise been made subject to the Lien of the Security Documents in favor of Collateral Agent, for the benefit of Secured Parties, then such Loan Party shall promptly take all such actions and execute and deliver, or cause to be executed and delivered, all such mortgages, documents, instruments, agreements, opinions and certificates, including the applicable clauses of Schedule 3.1 and the definition of the term “Specified Real Property Matters” set forth herein, (to the extent applicable to such Material Real Property), with respect to each such Material Real Property that Agent or Collateral Agent shall reasonably request to create in favor of Collateral Agent, for the benefit of Secured Parties, a valid and, subject to any filing and/or recording referred to herein, perfected first priority Lien (subject to any Permitted Liens set forth in clause (n) of the definition of Permitted Liens) in such Material Real Property. In addition to the foregoing, Borrower shall, at the request of Agent or Collateral Agent, deliver, from time to time, to Agent and Collateral Agent such appraisals as are required by law or regulation of Real Property with respect to which Collateral Agent has been granted a Lien.

Additional Material Real Property. Promptly following the acquisition by any Grantor of any Material Real Property after the Issue Date (but subject to the limitations, if applicable, described under Article Fourteen of the Indenture), the Grantors shall execute and deliver within 90 days after the acquisition thereof (or as soon thereafter as is reasonably practicable) the documents of the type described under Annex A hereto with respect to such Material Real Property, as shall be reasonably necessary or appropriate to vest in the Notes Collateral Agent a security interest in and Lien on (subject to Permitted Liens) such Material Real Property with the priority required by the Intercreditor Agreement (and to evidence and confirm same) and to have such Material Real Property added to the Collateral (as defined in the Indenture), and thereupon all provisions of the Indenture relating to the Collateral (as defined in the Indenture) shall be deemed to relate to such Material Real Property to the same extent and with the same force and effect. For the avoidance of doubt, the Office Campus (and any related real property also subject to the deed of trust Lien in favor of Union Bank, N.A. granted pursuant to the Loan Agreement dated as of July 19, 2012 between Sanmina-SCI Corporation and Union Bank, N.A.) and the “held for sale” properties located at either location in Derry, New Hampshire and the single location in Garland, Texas (to the extent each has a fair market value, as reasonably determined by the Grantors, equal to or greater than $5.0 million) will each be considered additional Material Real Property to be encumbered pursuant to this Section 4.17 if and when such property ceases to be an Excluded Asset.

Additional Material Real Property. Notify the Administrative Agent, within ten (10) days after the acquisition of any Material Real Property by any Credit Party or the Limited Guarantor Subsidiary, if applicable, (or after any existing real property becomes Material Real Property) that is not subject to the existing Security Documents, and promptly thereafter (and in any event within sixty (60) days after such acquisition or designation), deliver such mortgages, deeds of trust, title insurance policies, environmental reports, surveys, landlord waivers and/or estoppels and other documents reasonably requested by the Administrative Agent in connection with granting and perfecting a first priority Lien, other than Permitted Liens, on such Material Real Property in favor of the Administrative Agent, for the ratable benefit of the Secured Parties, all in form and substance acceptable to the Administrative Agent.