After-Acquired Real Property and Fixtures and Future Subsidiaries Sample Clauses

After-Acquired Real Property and Fixtures and Future Subsidiaries. (a) With respect to any owned real property or fixtures thereon, in each case with a Fair Market Value at the time of acquisition of at least $15.0 million in which any Loan Party acquires ownership rights at any time after the Effective Date (or owned by any Subsidiary that becomes a Loan Party after the Effective Date), promptly grant to the Collateral Agent for the benefit of the Secured Parties, a Mortgage of record on all such owned real property and fixtures in accordance with any applicable requirements of any Governmental Authority (including any required appraisals of such property under FIRREA); provided that (i) nothing in this subsection 6.9 shall defer or impair the attachment or perfection of any security interest in any Collateral covered by any of the Security Documents that would attach or be perfected pursuant to the terms thereof without action by any Loan Party or any other Person and (ii) no such Lien shall be required to be granted as contemplated by this subsection 6.9 on (x) any real property containing improvements located in a Special Flood Hazard Area or (y) any owned real property or fixtures the acquisition of which is or is to be financed or refinanced in whole or in part through the Incurrence of Indebtedness permitted by subsection 7.1, until such Indebtedness is repaid in full (and not refinanced as permitted by subsection 7.1) or, as the case may be, the Borrower determines not to proceed with such financing or refinancing. In connection with any such grant to the Collateral Agent, for the benefit of the Secured Parties, of a Mortgage on any such real property in accordance with this subsection, the Borrower or such Restricted Subsidiary shall deliver or cause to be delivered to the Collateral Agent any surveys, title insurance policies, opinions, life of loan flood hazard determinations, environmental reports and other documents in connection with such grant of such Lien obtained by it in connection with the acquisition of such ownership rights in such real property or as the Collateral Agent shall reasonably request (in light of the value of such real property and the cost and availability of such surveys, title insurance policies, opinions, environmental reports and other documents and whether the delivery of such surveys, title insurance policies, opinions, environmental reports and other documents would be customary in connection with such grant of such Lien in similar circumstances).
AutoNDA by SimpleDocs
After-Acquired Real Property and Fixtures and Future Subsidiaries. With respect to any Domestic Subsidiary that is a Wholly Owned Subsidiary (other than an Excluded Subsidiary) (A) created or acquired subsequent to the Effective Date by the Borrower or any of its Domestic Subsidiaries that are Wholly Owned Subsidiaries (other than an Excluded Subsidiary), (B) being designated as a Restricted Subsidiary, (C) ceasing to be an Immaterial Subsidiary, a Foreign Subsidiary Holdco or other Excluded Subsidiary as provided in the applicable definition thereof after the expiry of any applicable period referred to in such definition or (D) that becomes a Domestic Subsidiary as a result of a transaction pursuant to, and permitted by, subsection 7.3 or 7.5 (other than an Excluded Subsidiary), promptly notify the Administrative Agent of such occurrence and, if the Administrative Agent or the Required Lenders so request, promptly cause such new Domestic Subsidiary to become a party to the Guarantee Agreement. In addition, the Borrower may cause any Subsidiary that is not required to become a Subsidiary Guarantor to become a Subsidiary Guarantor by executing and delivering a Subsidiary Guarantee.
After-Acquired Real Property and Fixtures and Future Subsidiaries. (a) With respect to any owned real property or fixtures thereon, in each case with a purchase price or a fair market value at the time of acquisition of at least $10.0 million in which any Loan Party (and in any event excluding any Foreign Subsidiary and any Excluded 126

Related to After-Acquired Real Property and Fixtures and Future Subsidiaries

  • Title to Assets; Real Property (a) The Company has good and valid (and, in the case of owned Real Property, good and marketable fee simple) title to, or a valid leasehold interest in, all Real Property and personal property and other assets reflected in the Audited Financial Statements or acquired after the Balance Sheet Date, other than properties and assets sold or otherwise disposed of in the ordinary course of business consistent with past practice since the Balance Sheet Date. All such properties and assets (including leasehold interests) are free and clear of Encumbrances except for the following (collectively referred to as “Permitted Encumbrances”):

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!