After Acquired Properties. (i) The parties covenant and agree, each with the other, that any and all After Acquired Properties shall be subject to the terms and conditions of this Agreement and shall be added to and deemed, for the purposes hereof, to be included in the Property. Any costs incurred by the Optionor in staking, locating, recording or otherwise acquiring any “After Acquired Properties” will be deemed to be Mining Operations for which the Optionor will be entitled to reimbursements as part of the Expenditures payable by the Optionee hereunder.
(ii) Any additional claims agreed by the Optionee to be staked by the Optionor within 1 mile from the existing perimeter of the Property boundaries shall form party of this Agreement. The Optionee will reimburse the Optionor for the costs of staking the additional claims, unless the Optionee does not elect to have the additional claims subject to this Agreement.
After Acquired Properties. 10.1 The parties covenant and agree, each with the other, that any and all After Acquired Properties shall be subject to the terms and conditions of this Agreement and shall be added to and deemed, for all purposes hereof, to be included in the Property. Any costs incurred by the Optionee in staking, locating, recording or otherwise acquiring any After Acquired Properties shall be included in the calculation of its Expenditures hereunder.
After Acquired Properties. 10 NOTICE....................................................................... 11
After Acquired Properties. The parties covenant and agree, each with the other, that any and all After Acquired Properties shall be subject to the terms and conditions of this Agreement and shall, subject to the provisions hereof, be added to and deemed, for the purposes hereof, to be included in the Claims. In this regard any costs incurred by the Optionee in staking, locating, recording or otherwise acquiring any "After Acquired Properties" will be borne by the Optionee. In circumstances where the Optionors stake, locate, record or otherwise acquire any "After Acquired Properties" they shall so notify the Optionee and, provided that the Optionee reimburses the Optionors for all actual costs related thereto, as set forth by the Optionors in writing, such After Acquired Properties shall be added to and deemed, for the purposes hereof, to be included in the Claims.
After Acquired Properties. Subject to the requirements of (i) liens existing at the time of acquisition, (ii) purchase money mortgage liens and (iii) liens in connection with construction or development financing which construction or development financing is reasonably acceptable to the Lender, grant to the Lender a valid mortgage lien on, or spread the lien of a Mortgage to encumber, any real property acquired by Borrower or any Subsidiary after the date hereof. Reference is made to that certain Building Loan Agreement, dated as of July 3, 2002 (the "Building Loan Agreement"), by and among 731 Commercial LLC and 731 Residential LLC and Bayerische Hypo-und Vereinsbank, AG (the "Bank"), that certain Project Loan Agreement, dated as of July 3, 2002 (the "Project Loan Agreement"), and that certain Supplemental Loan Agreement, dated as of July 3, 2002 (the "Supplemental Loan Agreement" and together with the Building Loan Agreement and the Project Loan Agreement, the "Loan Agreements") pursuant to which the Bank will lend to 731 Commercial LLC and 731 Residential LLC a maximum of $_____ million (the "Construction Loan") for the purposes of funding the cost of constructing a ___ square foot mixed residential/office/retail building at the property known as 731 Lexington Avenue, New York, New York (the "Project"). It is xxxxxxxxxx xxx xxxxxx xxxx xx xxxx xx xxe Construction Loan (and any refinancing thereof that has been approved by Lender and that does not permit a mortgage in favor of Lender to be granted with respect to the 59th Street Property) shall remain outstanding, no such mortgage xxxxx xx xequired with respect to the 59th Street Property.
After Acquired Properties. (i) The parties covenant and agree, each with the other, that any and all After Acquired Properties shall be subject to the terms and conditions of this Agreement and shall be added to and deemed, for the purposes hereof, to be included in the Property. Any costs incurred by the Optionor in staking, locating, recording or otherwise acquiring any “After Acquired Properties” will be deemed to Mining Operations for which the Optionor will be entitled to reimbursements as part of the Expenditures payable by the Optionee hereunder.
(ii) Any additional claims staked within a 1 mile radius (1.6 km.) of the property boundaries by the Optionor shall form part of this agreement. As per 1k(iii), the Optionee will escrow $5,000 US for the costs of staking additional claims undertaken by the Optionor at the request of the Optionee.
After Acquired Properties a. The parties covenant and agree, each with the other, that any and all After Acquired Properties, excepting mineral interests acquired by the Otionor from unaffiliated third parties in arms length transactions, shall be subject to the terms and conditions of this Agreement and shall be added to and deemed, for the purposes hereof, to be included in the Property. All such After Acquired Properties subject to this Agreement shall be acquired in Optionor’s name. Any costs incurred by the Optionor in staking, locating, recording or otherwise acquiring any “After Acquired Properties” will be deemed to be Mining Operations for which the Optionor will be entitled to reimbursements as part of the Expenditures payable by the Optionee hereunder.
b. Any additional claims agreed by the Optionee to be staked by the Optionor within half of a mile from the existing perimeter of the Property boundaries shall form part of this Agreement. All such additional claims shall be located in Optionor’s name. The Optionee will reimburse the Optionor for the costs of staking the additional claims, unless the Optionee does not elect to own such additional claims. The Optionee has the exclusive right to determine if the staking of any additional claims is warranted for any After Acquired Properties. If Optionee elects to not own such additional claims, such additional claims shall belong to Optionor and Optionor shall be free to assign, sell, transfer or otherwise dispose of such additional claims as Optionor determines in Optionor’s sole discretion.
After Acquired Properties. At all times as this Agreement is in effect, if a MARC Entity or a First Union Entity enters into an After-Acquired Property Purchase Agreement with respect to an office building property (an "After-Acquired Property") in the Chicago Business District (the acquiring party being hereinafter referred to in this Section 4.2 as the "Acquiring Party" and either the MARC Principals and/or the MARC Entities or First Union Entity, as the case may be, being hereinafter referred to in this Section 4.2 as the "Non-Acquiring Party"), pursuant to which: (i) if the Acquiring Party is directly or indirectly one or more MARC Principals, either (x) the acquisition of a 30% or greater interest in such After-Acquired Property, (y) the acquisition of a 15% or greater direct or indirect interest by any one MARC Principal or (z) the direct or indirect acquisition of management control by one or more MARC Principals of such After-Acquired Property (provided, that the entry into by MARC Realty of a property management agreement shall not, in and of itself, be deemed the acquisition of management control); or (ii) if the Acquiring Party is directly or indirectly First Union, either (x) the acquisition of a 30% or greater interest in such After-Acquired Property or (y) the acquisition of management control of such After-Acquired Property, then the following provisions shall apply.
After Acquired Properties. 20.1 The Parties covenant and agree, each with the other, that a Party with opportunity and intent to acquire any After Acquired Property or any interest therein, including, but not limited to, Property Rights, shall first offer the same opportunity with the condition of acquisition and interest in same (the “Offering Party”) to the other (the “Non-Offering Party”) for acquisition on the same term and inclusion as part of the “Property” and, if accepted by such Non-Offering Party, shall be subject to the terms and conditions of this Agreement. If the Non-Offering Party does not accept any particular After Acquired Property for acquisition, then thereafter the Offering Party shall be free to deal with such After Acquired Property without further obligation to the Non-Offering Party. Any costs incurred by a Party in staking, locating, recording, optioning or otherwise acquiring any “After Acquired Properties” will be deemed to be the acquisition costs for both Parties according to their respective interest ratio in the Joint Venture.
After Acquired Properties. With respect to any Oil and Gas Property of any Loan Party with a PV-10 of at least $50,000 acquired after the Closing Date by such Loan Party or any discovery and/or confirmation of the existence of Hydrocarbons in any property owned or leased by any Loan Party, promptly (and in any event within 30 days after the acquisition thereof): (A) execute and deliver to the Collateral Agent such amendments to the Mortgages or such other documents as Agent or the Collateral Agent shall deem necessary or advisable to grant to the Collateral Agent, for the benefit of the Lender Group, a perfected second priority Lien on such Oil and Gas Property; (B) take all actions necessary or advisable to cause such Lien to be duly perfected in accordance with all applicable law, including, without limitation, the filing of Mortgages and/or UCC or other financing statements in such jurisdictions as may be requested by Agent or the Collateral Agent; and (C) deliver to Agent and the Collateral Agent title opinions and/or legal opinions relating to the matters described in clauses (A) and (B) immediately preceding, which opinions shall be in form and substance, and from counsel, reasonably satisfactory to Agent and the Collateral Agent.
