Additional Real Estate Clause Samples

Additional Real Estate. (a) No later than January 31, 2009, Borrower shall grant to Bank to secure all obligations of Borrower to Bank of every kind, whether direct or contingent, and whether arising out of loans, equipment leases, deposit services, derivative transactions, and all other services and products provided to Borrower by Bank or its affiliates; and all fees, costs, expenses, and indemnifications due to Bank under the Agreement, a Deed of Trust on Borrower’s real property located at ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ (the “Woodinville Property”). (b) No later than February 28, 2009, Borrower shall grant to Bank to secure all obligations of Borrower to Bank of every kind, whether direct or contingent, and whether arising out of loans, equipment leases, deposit services, derivative transactions, and all other services and products provided to Borrower by Bank or its affiliates; and all fees, costs, expenses, and indemnifications due to Bank under the Agreement, a leasehold deed of trust on Borrower’s real property located at 35 Corporate Drive, ▇▇▇▇▇ International Tradesport, Portsmouth, New Hampshire 03801 (the “New Hampshire Property”) (c) In connection with each such deed of trust, Borrower shall provide to Bank, at Borrower’s expense: (i) An ALTA lender’s title insurance policy (on a form acceptable to Bank and from a title company acceptable to Bank), for at least an amount equal to the appraised fair market value of the Woodinville Property and the New Hampshire Property, respectively, insuring the Bank’s interest in the Woodinville Property and the New Hampshire Property, respectively, with only such exceptions as may be approved by Bank and together with such endorsements as the Bank may require. (ii) A Phase I environmental site assessment prepared by a qualified third party consultant approved by Bank concerning any potential toxic or hazardous condition with respect to the Woodinville Property and the New Hampshire Property, respectively, together with a certification signed by Borrower regarding the environmental information provided to Bank. (iii) An Environmental Indemnity Agreement with respect to the Woodinville Property and the New Hampshire Property, respectively, in form satisfactory to Bank. (iv) With respect to the New Hampshire Property, a copy of Borrower’s lease of the property and exercise commercially reasonable efforts to obtain a signed consent/estoppel of the lessor, in form satisfactory to Bank provided, that if Borrower ha...

Additional Real Estate. Other than the Excluded Assets, the parties hereto acknowledge and agree that it is their intent to transfer to Buyer all real estate used in, usable with or related to the operation of the Hospital and the Related Assets that is owned or leased directly by the Seller or Shareholder, or by a direct or indirect affiliate of the Seller or Shareholder. To the extent any tract or parcel of real estate (or buildings, improvements and fixtures on or forming a part of the real estate or any easement, appurtenances, rights of way, air, mineral or other rights), whether owned or leased, identified on Exhibit 1.1(1) (or which should have been identified on such Exhibit) is (1) misidentified, incorrectly described, or incorrectly identified as being owned or leased by a particular entity, or (2) any such real estate, whether owned or leased, which should have been included on Exhibit 1.1 (1) is inadvertently not included on Exhibit 1.1 (1) and such errors are discovered subsequent to execution of this Agreement, the parties agree that Exhibit 1.1(1) shall be amended by mutual agreement prior to Closing to correct such errors and such amended Exhibit shall then be deemed to be controlling in determining the Real Estate subject to this Agreement.

Additional Real Estate. If any Loan Party acquires any Material Real Estate after the Closing Date that is not Excluded Property, it shall, deliver (i) at least 20 Business Days in advance of signing of any Mortgage, the Real Estate Documents described in clauses (ii), (iii), (vi) and (vii) in the definition of such term and each Required Lender has confirmed its satisfaction with the foregoing and (ii) within 60 days after the acquisition thereof, all other Real Estate Documents with respect to such Material Real Estate.

Additional Real Estate. If any Loan Party acquires any Material Real Estate after the Closing Date, it shall deliver (i) to the Administrative Agent (for distribution to each Lender), at least 15 Business Days (or such shorter period as may be agreed to by the Administrative Agent in its reasonable discretion) in advance of signing of any Mortgage with respect to such Material Real Estate, the Real Estate Documents described in clause (B) of the definition thereof and (ii) to the Administrative Agent, within 90 days (or such longer period as may be agreed to by the Administrative Agent in its reasonable discretion) after the acquisition thereof, all other Real Estate Documents with respect to such Material Real Estate.

Additional Real Estate. If a Restricted Subsidiary or a Loan Party acquires any Material Real Estate or Material Water Properties (in each case, excluding any Excluded Assets), whether pursuant to formation, acquisition or otherwise, such Person shall, no later than 60 days after such acquisition (or such later date acceptable to the Administrative Agent in its sole discretion), provide to the Administrative Agent Real Estate Documents in regard to such Real Estate and grant Liens in favor of the Administrative Agent in all such interests in such Real Estate (x) within sixty (60) days after June 30th of each year (or such longer period as the Administrative Agent may agree in writing in its reasonable discretion) for Material Real Estate or Material Water Properties acquired on or before June 30th of such year or (y) within sixty (60) days after December 31st of each year (or such longer period as the Administrative Agent may agree in writing in its reasonable discretion) for Material Real Estate or Material Water Properties acquired after June 30th but on or before December 31st of such year; provided, however, that any Immaterial Subsidiary shall not be required to provide such Real Estate Documents or grant such Liens unless such Immaterial Subsidiary ceases to be an Immaterial Subsidiary (whether due to the acquisition of any Material Real Estate or Material Water Properties or otherwise).; provided, further, that Loan Parties shall be required to deliver Real Estate Documents and grant Liens in favor of the Administrative Agent with regard to any Material Real Estate or Material Water Properties acquired in connection with the ▇▇ ▇▇▇▇ Acquisition no later than 60 days after such acquisition (or such later date acceptable to the Administrative Agent in its sole discretion).

Additional Real Estate. Seller acknowledges and agrees that it is its intent to lease to Buyer all real estate used in, usable with or related to the operation of the Hospital that is owned or leased by Seller, except for the Excluded Assets. If at any time before or after Closing, any tract or parcel of real estate (or improvements and fixtures thereon or any easement, appurtenances or rights related thereto), whether owned or leased, is (1) misidentified, incorrectly described or identified as being owned or leased by a particular entity, or (2) inadvertently not included in the Lease and such errors are discovered subsequent to execution of this Agreement, the parties agree that the Lease shall be amended by mutual agreement to correct such errors.

Additional Real Estate. 28 SECTION 7. INFORMATION AS TO BORROWER........................................... 28 7.1 Financial and Business Information..................................... 28 7.2 Inspection............................................................. 31 7.3 Confidentiality........................................................ 31

Additional Real Estate. Purchaser and Clarion agree to purchase, or to cause their designee to purchase, within six (6) months from the Closing Date, certain real estate situated ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, State of South Carolina, as described within an Agreement to Sell and Buy dated on or about November, 1994, by and between Millearn GeneralPartnership and the Company. The terms of such purchase shall be set forth in a separate real estate purchase agreement in form and substance that is reasonably acceptable to all parties. 1.11 The following Section 9.17 is hereby added to the Asset Purchase Agreement.

Additional Real Estate. SHR currently owns a 25 acre tract of land that includes a railroad spur that is not covered by the Deed of Trust described in Section 3.2(s) hereof (the "Additional Tract"). SHR agrees that it will not permit any liens to be placed against the Additional Tract or any other real property it hereafter acquires without the prior written consent of Lender. On or before January 1, 2006, SHR will execute and deliver to Lender a deed of trust covering the Additional Tract and any other real property it acquires prior to said date, said deed of trust being in similar form to the Deed of Trust described in Section 3.2(s) hereof. In the event that Borrower acquires real property thereafter, Borrower agrees to execute another deed of trust covering said real property in favor of Lender that is similar in form to the Deed of Trust described in Section 3.2(s) hereof and deliver same to Lender immediately after such acquisition.