ADMISSION OF COLLATERAL POOL PROPERTIES Sample Clauses

ADMISSION OF COLLATERAL POOL PROPERTIES. (a) The Real Property Assets described on Schedule 4.1. constitute all of the "Collateral Pool Properties" under the Existing Credit Agreement as of the Agreement Date. The Lenders and the Agent agree that each such Real Property Asset shall constitute a Collateral Pool Property under this Agreement notwithstanding the requirement of clause (b) of the definition of Collateral Pool Property, so long as the Borrower delivers to the Agent each of the following no later than the indicated dates: (i) a Security Deed encumbering such Real Property Asset and otherwise complying with the requirements of the immediately following subsection (b)(vi) no later than December 31, 1998 and (ii) all of the items required to be delivered with respect to a Real Property Asset under clauses (iv), (v), (viii), (ix), (x), (xi) and (xvi) of the immediately following subsection (b) no later than February 15, 1999. (b) If the Borrower desires that an additional Real Estate Asset be deemed to be a Collateral Pool Property, the Borrower shall deliver to the Agent the following, in form and substance reasonably satisfactory to the Agent: (i) A description of such Real Estate Asset, such description to include the age, location, identity of the tenant, the identity of any franchisor of such tenant, and the basic terms of the applicable lease agreement; (ii) A copy of the applicable lease agreement (including all amendments, supplements and other modifications thereof); (iii) A copy of the summary portion of a "Phase I" environmental assessment of such Real Estate Asset prepared by an environmental engineering firm reasonably acceptable to the Agent; (iv) A copy of an appraisal of such Real Property Asset prepared by a real estate appraiser reasonably acceptable to the Agent. Each appraisal must satisfy the minimum qualifications required under Applicable Law governing the Agent and the Lenders, including without limitation, the Financial Institution Recovery, Reform and Enforcement Act of 1989, as amended; provided, however, appraisals need not satisfy such qualifications once the Agent and the Lenders have received the minimum number of acceptable appraisals required under Applicable Law; (v) An ALTA 1992 Form mortgagee's Policy of Title Insurance (without any creditor's rights exclusion) or other current form of title insurance policy acceptable to the Agent in favor of the Agent for the benefit of the Lenders with respect to such Real Property Asset, including endorsements with re...
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Related to ADMISSION OF COLLATERAL POOL PROPERTIES

  • Condition of Collateral Secured Party has no obligation to repair, clean-up or otherwise prepare the Collateral for sale.

  • Valuation of Collateral Securities Intermediary shall provide view only access to its systems to Secured Party for the purpose of communicating data as to the Reserve Account as of that date.

  • Inspection of Collateral Lender and Lender's designated representatives and agents shall have the right at all reasonable times to examine and inspect the Collateral wherever located.

  • Possession of Collateral Agent and Secured Parties appoint each Lender as agent (for the benefit of Secured Parties) for the purpose of perfecting Liens in any Collateral held or controlled by such Lender, to the extent such Liens are perfected by possession or control. If any Lender obtains possession or control of any Collateral, it shall notify Agent thereof and, promptly upon Agent’s request, deliver such Collateral to Agent or otherwise deal with it in accordance with Agent’s instructions.

  • Location of Collateral All tangible items of Collateral, other than Inventory in transit, shall at all times be kept by Borrowers at the business locations set forth in Schedule 8.6.1, except that Borrowers may (a) make sales or other dispositions of Collateral in accordance with Section 10.2.6; and (b) move Collateral to another location in the United States, upon 30 Business Days prior written notice to Agent.

  • Disposition of Collateral Such Grantor will not sell, lease or otherwise dispose of the Collateral owned by it except for dispositions specifically permitted pursuant to Section 6.05 of the Credit Agreement.

  • Rights in Collateral; Priority of Liens Borrower and each other Loan Party own the property granted by it as Collateral under the Collateral Documents, free and clear of any and all Liens in favor of third parties. Upon the proper filing of UCC financing statements, and the taking of the other actions required by Lender, the Liens granted pursuant to the Collateral Documents will constitute valid and enforceable first, prior and perfected (to the extent that Liens on the Collateral can be perfected by the filing of UCC financing statements) Liens on the Collateral in favor of Lender.

  • TITLE TO COLLATERAL; PERMITTED LIENS Borrower is now, and will at all times in the future be, the sole owner of all the Collateral, except for items of Equipment which are leased by Borrower. The Collateral now is and will remain free and clear of any and all liens, charges, security interests, encumbrances and adverse claims, except for Permitted Liens. Silicon now has, and will continue to have, a first-priority perfected and enforceable security interest in all of the Collateral, subject only to the Permitted Liens, and Borrower will at all times defend Silicon and the Collateral against all claims of others. None of the Collateral now is or will be affixed to any real property in such a manner, or with such intent, as to become a fixture. Borrower is not and will not become a lessee under any real property lease pursuant to which the lessor may obtain any rights in any of the Collateral and no such lease now prohibits, restrains, impairs or will prohibit, restrain or impair Borrower's right to remove any Collateral from the leased premises. Whenever any Collateral is located upon premises in which any third party has an interest (whether as owner, mortgagee, beneficiary under a deed of trust, lien or otherwise), Borrower shall, whenever requested by Silicon, use its best efforts to cause such third party to execute and deliver to Silicon, in form acceptable to Silicon, such waivers and subordinations as Silicon shall specify, so as to ensure that Silicon's rights in the Collateral are, and will continue to be, superior to the rights of any such third party. Borrower will keep in full force and effect, and will comply with all the terms of, any lease of real property where any of the Collateral now or in the future may be located.

  • Releases of Mortgaged Properties No Mortgage Note or Mortgage requires the mortgagee to release all or any material portion of the related Mortgaged Property from the lien of the related Mortgage except upon (i) payment in full of all amounts due under the related Mortgage Loan or (ii) delivery of "government securities" within the meaning of Section 2(a)(16) of the Investment Company Act of 1940, as amended (the "Investment Company Act"), in connection with a defeasance of the related Mortgage Loan; provided that the Mortgage Loans that are Crossed Loans, and the other individual Mortgage Loans secured by multiple parcels, may require the respective mortgagee(s) to grant releases of portions of the related Mortgaged Property or the release of one or more related Mortgaged Properties upon (i) the satisfaction of certain legal and underwriting requirements or (ii) the payment of a release price in connection therewith; and provided, further, that certain Crossed Groups or individual Mortgage Loans secured by multiple parcels may permit the related Mortgagor to obtain the release of one or more of the related Mortgaged Properties by substituting comparable real estate property, subject to, among other conditions precedent, receipt of confirmation from each Rating Agency that such release and substitution will not result in a qualification, downgrade or withdrawal of any of its then-current ratings of the Certificates; and provided, further, that any Mortgage Loan may permit the unconditional release of one or more unimproved parcels of land to which the Seller did not give any material value in underwriting the Mortgage Loan.

  • Releases of Collateral (i) If any Collateral shall be sold, transferred or otherwise disposed of by any Obligor in a transaction permitted by the Credit Agreement, then the Administrative Agent, at the request and sole expense of such Obligor, shall promptly execute and deliver to such Obligor all releases and other documents, and take such other action, reasonably necessary for the release of the Liens created hereby or by any other Collateral Document on such Collateral. (ii) The Administrative Agent may release any of the Pledged Equity from this Agreement or may substitute any of the Pledged Equity for other Pledged Equity without altering, varying or diminishing in any way the force, effect, lien, pledge or security interest of this Agreement as to any Pledged Equity not expressly released or substituted, and this Agreement shall continue as a first priority lien on all Pledged Equity not expressly released or substituted.

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