Date Down Endorsement. On or before the date which is sixty (60) days after the Amendment No. 3 Effective Date (or such later date as the Administrative Agent may agree to in its reasonable discretion), the Company shall deliver a fully paid date down endorsement or title insurance policy (together with such endorsements as the Administrative Agent shall reasonably request) with respect to the real property located in Hennepin County, Minnesota and commonly referred to as 0000 Xxxxxxxxxx Xx., Xxxx Xxxxxxx, Xxxxxxxxx, in form and substance reasonably satisfactory to the Administrative Agent.
Date Down Endorsement. The title company that issued the Title Policy shall be prepared to issue a date down endorsement to the Title Policy insuring that the lien of the Deed of Trust is a first, prior and paramount lien against the Property and the Project securing all previous disbursements and the disbursement then being requested, and that nothing has intervened to affect the validity or priority of the Deed of Trust. If requested by Majority Owner, prior to Majority Owner’s consent to the first Advance following the completion of each foundation for the Improvements, Majority Owner shall receive from the title company that issued the Title Policy, at Borrower’s expense, a foundation endorsement to the Title Policy, showing no encroachments (and Borrower shall cause all conditions to the title company’s issuance of the endorsement to be satisfied).
Date Down Endorsement. Following completion of the construction arising out of the expansion of the Earth City Facility, Borrower shall provide Lender with an endorsement to Lender's Policy of Title Insurance issued by such title company on the Earth City Facility which insures the priority of Lender's Security Interest against all mechanics liens arising out of the expansion of the Earth City Facility.
Date Down Endorsement. If requested by the Agent in its discretion, the Agent shall have received an irrevocable commitment from the Title Insurance Company to issue date down endorsements for each Title Policy covering the then Collateral Properties, which endorsements shall insure that the funds to be advanced as part of the requested Revolving Credit Loan or Letter of Credit will be secured by the Collateral Properties in a first priority lien position subject only to Permitted Liens.
Date Down Endorsement. Within thirty (30) days following the Amendment No. 1 Effective Date (or such later as the Administrative Agent may agree to in its sole discretion), the Company shall deliver to Administrative Agent a fully paid date down endorsement, in form and substance reasonably satisfactory to Administrative Agent, with respect to each title insurance policy insuring a Mortgage in effect as of the Amendment No. 1 Effective Date.
Date Down Endorsement. Receipt by the Administrative Agent of a date-down endorsement in respect of each Project dated the date of such Construction Loan. Each date-down endorsement shall (i) show that since the effective date of the applicable Title Policy (or the effective date of the last such endorsement, if any) there has been no change in the status of the title to the applicable Site and no new Lien thereon (other than (A) matters constituting Permitted Liens, (B) matters that could not be reasonably expected to cause a Default or Event of Default under this Credit Agreement or (C) matters otherwise approved by the Administrative Agent), (ii) state the amount of coverage then existing under the applicable Title Policy and (iii) updating the date of the Title Policy to the date of such disbursement.
Date Down Endorsement. Borrower shall deliver a date-down endorsement reasonably satisfactory to Lender (showing no new liens other than excepted liens or those otherwise permitted herein after, approved by Lender). If requested by Lender, evidence that a Title Insurer approved by Lender is in a position to issue to Lender its ALTA rewrite policy of title insurance for such Home with a ALTA Form 100 Endorsement undeleted, ALTA Form 116 Endorsement, if requested, and, at Lender’s discretion, an ALTA Form 101.3 or 101.13 Endorsement attached, provided, however, if the designated ALTA endorsement form is not customarily used by the Title Company, an equivalent ALTA form of endorsement or special endorsement may be used in lieu of such designated ALTA endorsement form;
Date Down Endorsement. Borrower shall have furnished to Lender, at Borrower's expense, a commitment for a date-down endorsement to the existing Title Policy, and such endorsement shall be issued no later than 30 days after the Effective Date of this Amendment.
Date Down Endorsement. If reasonably necessary to insure the priority of the mortgage liens of the Agent, the Agent shall have received datedown endorsements to all of the Title Policies that there have been no changes to the title to or encumbrances upon the Collateral Properties, other than as may have been permitted pursuant to this Agreement.
