Common use of Additional Mortgages, Etc Clause in Contracts

Additional Mortgages, Etc. From and after the Closing Date, in the event that (x) Borrower or any Subsidiary Guarantor acquires any fee interest in real property or any Material Leasehold Property, or (y) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property or any Material Leasehold Property, in the case of clause (y) above excluding any such Real Property Asset the encumbrancing of which requires the consent of any applicable lessor or then-existing senior lienholder, where Borrower and its Subsidiaries are unable to obtain such lessor's or senior lienholder's consent after use of commercially reasonable best efforts (any such non-excluded Real Property Asset described in the foregoing clause (x) or (y) being an "Additional Mortgaged Property"), Borrower or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Appears in 2 contracts

Samples: Credit Agreement (Winsloew Furniture Inc), Credit Agreement (Winsloew Furniture Inc)

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Additional Mortgages, Etc. From and after the Closing Date, in the event that (xi) Borrower or any Subsidiary Guarantor acquires any fee interest in real property or any Material Leasehold Property, or Administrative Agent determines in its sole discretion to place a Mortgage on any Real Property Asset owned on the Closing Date by Parent or any of its Subsidiaries if a Mortgage was not placed in any such Real Property Asset as of the Closing Date, or (yii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property or any Material Leasehold Property, in the either case of clause (y) above excluding any such Real Property Asset the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (ii) above) then-existing senior lienholder, where Borrower and its Subsidiaries are unable to obtain such lessor's or senior lienholder's consent after use of commercially reasonable best efforts (any such non-excluded Real Property Asset described in the foregoing clause (xi) or (yii) being an "Additional Mortgaged Property"), Borrower or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Appears in 2 contracts

Samples: Credit Agreement (CFP Holdings Inc), Credit Agreement (CFP Holdings Inc)

Additional Mortgages, Etc. From and after the Closing Date, in the event that (xi) Borrower Holdings or any Subsidiary Guarantor acquires any fee interest in real property or any Material Leasehold Property, Property or (yii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property or any Material Leasehold Property, in the either case of clause (y) above excluding any such Real Property Asset the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (ii) above) then-existing senior lienholder, where Borrower Holdings and its Subsidiaries are unable unable, after exercising commercially reasonable efforts, to obtain such lessor's or senior lienholder's consent after use of commercially reasonable best efforts (any such non-excluded Real Property Asset described in the foregoing clause (xi) or (yii) being an "Additional Mortgaged Property"), Borrower Holdings or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Appears in 2 contracts

Samples: Credit Agreement (Sealy Corp), Credit Agreement (Sealy Corp)

Additional Mortgages, Etc. From and after the Closing Date, in the event that if (xi) Borrower or any Subsidiary Guarantor acquires any fee interest in real property or any Material Leasehold Property, Property or (yii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property or any Material Leasehold Property, in the either case of clause (y) above excluding any such Real Property Asset the encumbrancing of which requires the consent of any applicable lessor or then-existing senior lienholder, where Borrower and its Subsidiaries have attempted in good faith, but are unable unable, to obtain such lessor's or senior lienholder's consent after use of commercially reasonable their best efforts (any such non-excluded Real Property Asset described in the foregoing clause (xi) or (yii) being an "Additional Mortgaged PropertyADDITIONAL MORTGAGED PROPERTY"), Borrower or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, a fully executed and notarized Mortgage (an "ADDITIONAL MORTGAGE"), in proper form for recording in all appropriate places in all applicable jurisdictions, encumbering the interest of such Loan Party in such Additional Mortgaged Property; and the following:.

Appears in 1 contract

Samples: Credit Agreement (Vertex Aerospace Inc)

Additional Mortgages, Etc. From and after the Closing Effective Date, in the event that if (xi) Borrower or any Restricted Subsidiary Guarantor acquires any fee interest in real property or any Material Leasehold Property, or (yii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property or any Material Leasehold Property, in the either case of clause (y) above excluding any such Real Property Asset the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (ii) above) then-existing senior lienholder, where Borrower and its Subsidiaries are unable to obtain such lessor's or senior lienholder's consent after use of using commercially reasonable best efforts (any such non-excluded Real Property Asset described in the foregoing clause (xi) or (yii) being an "Additional Mortgaged Property"), Borrower or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, all of the following:items required to be delivered in connection with the Effective Date Mortgages.

Appears in 1 contract

Samples: Credit Agreement (Grand Palais Riverboat Inc)

Additional Mortgages, Etc. From and after the Closing Effective Date, in the event that (xi) Borrower Holdings or any Subsidiary Guarantor acquires any fee interest in real property property, or any Material Leasehold Property, Property or (yii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property any Material Real Property Asset or any Material Leasehold Property, in the either case of clause (y) above excluding any such Material Real Property Asset or Material Leasehold Property the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (ii) above) then-existing senior lienholder, where Borrower Holdings and its Subsidiaries are unable unable, after exercising commercially reasonable efforts, to obtain such lessor's or senior lienholder's consent after use of commercially reasonable best efforts (any such non-excluded Material Real Property Asset described in the foregoing clause (xi) or (yii) being an "Additional Mortgaged Property"), Borrower Holdings or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Appears in 1 contract

Samples: Credit Agreement (Anthony Crane Rental Holdings Lp)

Additional Mortgages, Etc. From and after the Closing Date, in the event that (xi) Borrower Company or any Subsidiary Guarantor that is a Significant Subsidiary acquires any fee interest in real property or any Material Leasehold Property, Property or (yii) at the time any Person becomes a Subsidiary GuarantorGuarantor that is a Significant Subsidiary, such Person owns or holds any fee interest in real property or any Material Leasehold Property, in the either case of clause (y) above excluding any such Real Property Asset or Leasehold Property the encumbrancing of which is prohibited by regulatory restrictions applicable to such Subsidiary Guarantor or which requires the consent of any applicable lessor or (in the case of clause (ii) above) then-existing senior lienholder, where Borrower Company and its Subsidiaries are unable to obtain such lessor's or senior lienholder's consent after use of commercially reasonable best efforts (any such non-excluded Real Property Asset or Leasehold Property described in the foregoing clause (xi) or (yii) being an a "Additional Mortgaged PropertyMORTGAGED PROPERTY"), Borrower Company or such Subsidiary Guarantor shall promptly notify Administrative Agent of the acquisition of such Mortgaged Property or such Subsidiary Guarantor and, upon request, of Administrative Agent, shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may bethereafter, the following:

Appears in 1 contract

Samples: Credit Agreement (Oxford Health Plans Inc)

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Additional Mortgages, Etc. From and after the Closing Effective Date, in the event that if (xi) Borrower or any Restricted Subsidiary Guarantor acquires any fee interest in real property or any Material Leasehold Property, or (yii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property or any Material Leasehold Property, in the either case of clause (y) above excluding any such Real Property Asset the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (ii) above) then-existing senior lienholder, where Borrower and its Subsidiaries are unable to obtain such lessor's ’s or senior lienholder's ’s consent after use of using commercially reasonable best efforts (any such non-excluded Real Property Asset described in the foregoing clause (xi) or (yii) being an "Additional Mortgaged Property"), Borrower or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, all of the following:items required to be delivered in connection with the Effective Date Mortgages.

Appears in 1 contract

Samples: Credit Agreement (Isle of Capri Casinos Inc)

Additional Mortgages, Etc. From and after the Closing Date, in the event that (xi) Borrower Holdings or any Subsidiary Guarantor acquires any fee interest in real property or any Material Leasehold Property, Property or (yii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property any Material Real Property Asset or any Material Leasehold Property, in the either case of clause (y) above excluding any such Material Real Property Asset or Material Leasehold Property the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (ii) above) then-existing senior lienholder, where Borrower Holdings and its Subsidiaries are unable unable, after exercising commercially reasonable efforts, to obtain such lessor's or senior lienholder's consent after use of commercially reasonable best efforts (any such non-excluded Material Real Property Asset described in the foregoing clause (xi) or (yii) being an "Additional Mortgaged PropertyADDITIONAL MORTGAGED PROPERTY"), Borrower Holdings or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Appears in 1 contract

Samples: Credit Agreement (Anthony Crane Holdings Capital Corp)

Additional Mortgages, Etc. From and after the Closing Effective Date, in the event that (xi) any Borrower or any Domestic Subsidiary Guarantor or Canadian Subsidiary Guarantor acquires any fee interest in real property or any Material Leasehold Property, or (yii) at the time any Person becomes a Domestic Subsidiary Guarantor or a Canadian Subsidiary Guarantor, such Person owns or holds any fee interest in real property or any Material Leasehold Propertyproperty, in the case of clause (y) above excluding any such Real Property Asset the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (ii) above) then-existing senior lienholder, where a Borrower and its Subsidiaries are unable to obtain such lessor's or senior lienholder's consent after use of commercially reasonable best efforts (any such non-excluded Real Property Asset described in the foregoing clause (xi) or (yii) being an "Additional Mortgaged PropertyADDITIONAL MORTGAGED PROPERTY"), such Borrower or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Appears in 1 contract

Samples: Credit Agreement (Protocol Communications Inc)

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