Common use of Delivery of Real Estate Documents Clause in Contracts

Delivery of Real Estate Documents. (a) Within five business days of the date hereof, Seller shall provide Purchaser (i) surveys and title insurance commitments with respect to the Owned Real Property ("Owner's Title Commitments") pursuant to which the Title Company will agree to issue at Closing to Purchaser and its lender (if requested by Purchaser) owner's policies of title insurance ("Owner's Title Policies") on American Land Title Association standard Form B-1990, without exceptions except as shown in the Owner's Title Commitments, to be issued by Commonwealth Land & Title Insurance Company ("Title Company") in an amount in the case of each parcel equal to the purchase price allocated to such parcel of the Owned Real Property pursuant to Section 2.7, and (ii) surveys (collectively with the surveys of the Owned Real Property, the "Surveys") and title insurance commitments with respect to the Real Property subject to a Lease (collectively, the "Leased Real Property") (the " Lessee Title Commitments", and collectively with the Owner's Title Commitments, the "Title Commitments") pursuant to which the Title Company will agree to issue at Closing lessee's policies of title insurance ("Lessee's Title Policies") on American Land Title Association standard form of leasehold owner's policy to insure leasehold estates, showing no exceptions except as shown in the Lessee Title Commitments. The Owner's Title Policies shall insure the Purchaser that, upon consummation of the purchase and sale herein contemplated, Purchaser will be vested with good, fee simple, marketable, and insurable title to the Owned Real Property, subject only to the Permitted Encumbrances or arising out of acts of the insured. The Lessee's Title Policies shall insure the Purchaser that, upon consummation of the transactions herein contemplated, Purchaser will be vested with a good, valid, marketable and insurable leasehold estate in and to the Leased Real Property, subject only to the Permitted Encumbrances. Notwithstanding anything to the contrary contained herein, while Lessee Title Commitments will be delivered for all Leased Real Property, no surveys will be delivered and no Lessee's Title Policies will be issued for Leases unless such Leases are for Free Standing Premises (as defined in Section 7.1). (b) No later than five business days after the date hereof, Seller shall provide to Purchaser copies of all environmental reports pertaining to the Owned Real Property in Seller's possession.

Appears in 1 contract

Samples: Asset Purchase Agreement (Avado Brands Inc)

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Delivery of Real Estate Documents. (a) Within five business days of the date hereof, Seller shall provide Purchaser Purchaser, promptly upon receipt, (i) current surveys and title insurance commitments with respect to the Owned Real Property ("Owner's Title Commitments") pursuant to which the Title Company will agree to issue at Closing to Purchaser and its lender (if requested by Purchaser) owner's policies of title insurance ("Owner's Title Policies") on American Land Title Association standard Form B-1990, with such endorsements or extended coverage as is reasonably requested by Purchaser, and Seller shall reasonably cooperate with Purchaser to obtain such coverage, and without exceptions except as shown in the Owner's Title Commitments, to be issued by Commonwealth Land & Title Insurance Company ("Title Company") in an amount in the case of each parcel equal to the purchase price allocated to such parcel of the Owned Real Property pursuant to Section 2.7, and (ii) current surveys (collectively with the surveys of the Owned Real Property, the "Surveys") and title insurance commitments with respect to the Real Property subject to a Lease (collectively, the "Leased Real Property") (the " "Lessee Title Commitments", and collectively with the Owner's Title Commitments, the "Title Commitments") pursuant to which the Title Company will agree to issue at Closing lessee's policies of title insurance ("Lessee's Title Policies") on American Land Title Association standard form of leasehold owner's policy to insure leasehold estates, showing no exceptions except as shown in the Lessee Title Commitments. The Owner's Title Policies shall insure the Purchaser that, upon consummation of the purchase and sale herein contemplated, Purchaser will be vested with good, fee simple, marketable, and insurable title to the Owned Real Property, subject only to the Permitted Encumbrances or arising out of acts of the insured. The Lessee's Title Policies shall insure the Purchaser that, upon consummation of the transactions herein contemplated, Purchaser will be vested with a good, valid, marketable and insurable leasehold estate in and to the Leased Real Property, subject only to the Permitted Encumbrances. The Surveys shall be certified as being prepared in accordance with the Minimum Detail Requirements for ALTA/ACSM Land Title Surveys jointly established and adopted by ALTA and ACSM in 1992 showing no survey exceptions other than the Permitted Encumbrances. Notwithstanding anything to the contrary contained herein, while Lessee Title Commitments will be delivered for all Leased Real Property, no surveys will be delivered and no Lessee's Title Policies will be issued for Leases unless such Leases are for Free Standing Premises (as defined in Section 7.1). (b) No later than Within five business days after of the date hereof, hereof Seller shall provide to Purchaser copies of all environmental reports pertaining to the Owned Real Property in Seller's possession.

Appears in 1 contract

Samples: Asset Purchase Agreement (Avado Brands Inc)

Delivery of Real Estate Documents. (a) Within five business days of the date hereof, Seller shall provide Purchaser Purchaser, promptly upon receipt, (i) current surveys and title insurance commitments with respect to the Owned Real Property ("Owner's Title Commitments") pursuant to which the Title Company will agree to issue at Closing to Purchaser and its lender (if requested by Purchaser) owner's policies of title insurance ("Owner's Title Policies") on American Land Title Association standard Form B-1990, without exceptions except as shown in the Owner's Title Commitments, to be issued by Commonwealth Land & Title Insurance Company ("Title Company") in an amount in the case of each parcel equal to the purchase price allocated to such parcel of the Owned Real Property pursuant to Section 2.7, and (ii) current surveys (collectively with the surveys of the Owned Real Property, the "Surveys") and title insurance commitments with respect to the Real Property subject to a Lease (collectively, the "Leased Real Property") (the " "Lessee Title Commitments", and collectively with the Owner's Title Commitments, the "Title Commitments") pursuant to which the Title Company will agree to issue at Closing lessee's policies of title insurance ("Lessee's Title Policies") on American Land Title Association standard form of leasehold owner's policy to insure leasehold estates, showing no exceptions except as shown in the Lessee Title Commitments. The Owner's Title Policies shall insure the Purchaser that, upon consummation of the purchase and sale herein contemplated, Purchaser will be vested with good, fee simple, marketable, and insurable title to the Owned Real Property, subject only to the Permitted Encumbrances or arising out of acts of the insured. The Lessee's Title Policies shall insure the Purchaser that, upon consummation of the transactions herein contemplated, Purchaser will be vested with a good, valid, marketable and insurable leasehold estate in and to the Leased Real Property, subject only to the Permitted Encumbrances. Notwithstanding anything to the contrary contained herein, while Lessee Title Commitments will be delivered for all Leased Real Property, no surveys will be delivered and no Lessee's Title Policies will be issued for Leases unless such Leases are for Free Standing Premises (as defined in Section 7.1). (b) No later than five business days after the date hereof, Seller shall provide to Purchaser copies of all environmental reports pertaining to the Owned Real Property in Seller's possession.

Appears in 1 contract

Samples: Asset Purchase Agreement (Avado Brands Inc)

Delivery of Real Estate Documents. (a) Within five business days of the date hereof, Seller shall provide Purchaser Purchaser, promptly upon receipt, (i) current surveys (prepared in accordance with Purchaser's reasonable specifications) and title insurance commitments with respect to the Owned Real Property ("Owner's Title Commitments") pursuant to which the Title Company will agree to issue at Closing to Purchaser and its lender (if requested by Purchaser) owner's policies of title insurance ("Owner's Title Policies") on American Land Title Association standard Form B-1990B-1992, without exceptions except as shown in the Owner's Title Commitments, to be issued by Commonwealth Land & Title Insurance Company ("Title Company") in an amount in the case of each parcel equal to the purchase price allocated to such parcel of the Owned Real Property pursuant to Section 2.7, and (ii) current surveys (prepared in accordance with Purchaser's reasonable specifications) (collectively with the surveys of the Owned Real Property, the "Surveys") and title insurance commitments with respect to the Real Property subject to a Lease (collectively, the "Leased Real Property") (the " "Lessee Title Commitments", and collectively with the Owner's Title Commitments, the "Title Commitments") pursuant to which the Title Company will agree to issue at Closing lessee's policies of title insurance ("Lessee's Title Policies") on American Land Title Association standard form of leasehold owner's policy to insure leasehold estates, showing no exceptions except as shown in the Lessee Title Commitments. The Owner's Title Policies shall insure the Purchaser that, upon consummation of the purchase and sale herein contemplated, Purchaser will be vested with good, fee simple, marketable, and insurable title to the Owned Real Property, subject only to the Permitted Encumbrances or arising out of acts of the insured. The Lessee's Title Policies shall insure the Purchaser that, upon consummation of the transactions herein contemplated, Purchaser will be vested with a good, valid, marketable and insurable leasehold estate in and to the Leased Real Property, subject only to the Permitted Encumbrances. Notwithstanding anything to the contrary contained herein, while Lessee Title Commitments will be delivered for all Leased Real Property, no surveys will be delivered and no Lessee's Title Policies will be issued for Leases unless such Leases are for Free Standing Premises (as defined in Section 7.1). (b) No later than five business days after the date hereof, hereof Seller shall provide to Purchaser copies of all environmental reports pertaining to the Owned Real Property in Seller's possession.

Appears in 1 contract

Samples: Asset Purchase Agreement (Avado Brands Inc)

Delivery of Real Estate Documents. (a) Within five business days of the date hereof, Seller shall provide Purchaser Purchaser, promptly upon receipt (i) current surveys and title insurance commitments with respect to the Owned Real Property ("Owner's Title Commitments") pursuant to which the Title Company will agree to issue at Closing to Purchaser and its lender (if requested by Purchaser) owner's and mortgagee's policies of title insurance ("Owner's Title Policies") on American Land Title Association standard Form B-1990, without exceptions except as shown in the Owner's Title Commitments, to be issued by Commonwealth Land & Title Insurance Company ("Title Company") in an amount in the case of each parcel equal to the purchase price allocated to such parcel of the Owned Real Property pursuant to Section 2.7, and (ii) current surveys (collectively with the surveys of the Owned Real Property, the "Surveys") and title insurance commitments with respect to the Real Property subject to a Lease (collectively, the "Leased Real Property") (the " "Lessee Title Commitments", and collectively with the Owner's Title Commitments, the "Title Commitments") pursuant to which the Title Company will agree to issue at Closing lessee's policies of title insurance ("Lessee's Title Policies") on American Land Title Association standard form of leasehold owner's policy to insure leasehold estates, showing no exceptions except as shown in the Lessee Title Commitments. The Owner's Title Policies shall insure the Purchaser that, upon consummation of the purchase and sale herein contemplated, Purchaser will be vested with good, fee simple, marketable, and insurable title to the Owned Real Property, subject only to the Permitted Encumbrances or arising out of acts of the insured. The Lessee's Title Policies shall insure the Purchaser that, upon consummation of the transactions herein contemplated, Purchaser will be vested with a good, valid, marketable and insurable leasehold estate in and to the Leased Real Property, subject only to the Permitted Encumbrances. Notwithstanding anything to the contrary contained herein, while Lessee Title Commitments will be delivered for all Leased Real Property, no surveys will be delivered and no Lessee's Title Policies will be issued for Leases unless such Leases are for Free Standing Premises (as defined in Section 7.1). (b) No later than five business days after the date hereof, hereof Seller shall provide to Purchaser copies of all environmental reports pertaining to the Owned Real Property in Seller's possession.

Appears in 1 contract

Samples: Asset Purchase Agreement (Apple South Inc)

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Delivery of Real Estate Documents. (a) Within five business days of the date hereof, Seller shall provide Purchaser Purchaser, promptly upon receipt, (i) current surveys and title insurance commitments with respect to the Owned Real Property ("Owner's Title Commitments") pursuant to which the Title Company will agree to issue at Closing to Purchaser Purchase and its lender (if requested by Purchaser) owner's policies of title insurance ("Owner's Title Policies") on American Land Title Association standard Form B-1990, without exceptions except as shown in the Owner's Title Commitments, to be issued by Commonwealth Land & Title Insurance Company ("Title Company") in an and amount in the case of each parcel equal to the purchase price allocated to such parcel of the Owned Real Property pursuant to Section 2.7, and (ii) current surveys (collectively with the surveys of the Owned Real Property, the "Surveys") and title insurance commitments with respect to the Real Property subject to a Lease (collectively, the "Leased Real Property") (the " "Lessee Title Commitments", and collectively with the Owner's Title Commitments, the "Title Commitments") pursuant to which the Title Company will agree to issue at Closing lessee's policies of title insurance ("Lessee's Title Policies") on American Land Title Association standard form of leasehold owner's policy to insure leasehold estates, showing no exceptions except as shown in the Lessee Title Commitments. The Owner's Title Policies shall insure the Purchaser that, upon consummation of the purchase and sale herein contemplated, Purchaser will be vested with good, fee simple, marketable, and insurable title to the Owned Real Property, subject only to the Permitted Encumbrances or arising out of acts of the insured. The Lessee's Title Policies shall insure the Purchaser that, upon consummation of the transactions herein contemplated, Purchaser will be vested with a good, valid, marketable and insurable leasehold estate in and to the Leased Real Property, subject only to the Permitted Encumbrances. Notwithstanding anything to the contrary contained herein, while Lessee Title Commitments will be delivered for all Leased Real Property, no surveys will be delivered and no Lessee's Title Policies will be issued for Leases unless such Leases are for Free Standing Premises (as defined in Section 7.1). (b) No later than five business days after the date hereof, Seller shall provide to Purchaser copies of all environmental reports pertaining to the Owned Real Property in Seller's possession.

Appears in 1 contract

Samples: Asset Purchase Agreement (Apple South Inc)

Delivery of Real Estate Documents. (a) Within five business days of the date hereof, Seller shall provide Purchaser (i) current surveys and title insurance commitments with respect to the Owned Real Property ("Owner's Title Commitments") pursuant to which the Title Company will agree to issue at Closing to Purchaser and its lender (if requested by Purchaser) owner's policies of title insurance ("Owner's Title Policies") on American Land Title Association standard Form B-1990, without exceptions except as shown in the Owner's Title Commitments, to be issued by Commonwealth Land & Title Insurance Company ("Title Company") in an and amount in the case of each parcel equal to the purchase price allocated to such parcel of the Owned Real Property pursuant to Section 2.7, and (ii) current surveys (collectively with the surveys of the Owned Real Property, the "Surveys") and title insurance commitments with respect to the Real Property subject to a Lease (collectively, the "Leased Real Property") (the " "Lessee Title Commitments", and collectively with the Owner's Title Commitments, the "Title Commitments") pursuant to which the Title Company will agree to issue at Closing lessee's policies of title insurance ("Lessee's Title Policies") on American Land Title Association standard form of leasehold owner's policy to insure leasehold estates, showing no exceptions except as shown in the Lessee Title Commitments. The Owner's Title Policies shall insure the Purchaser that, upon consummation of the purchase and sale herein contemplated, Purchaser will be vested with good, fee simple, marketable, and insurable title to the Owned Real Property, subject only to the Permitted Encumbrances or arising out of acts of the insured. The Lessee's Title Policies shall insure the Purchaser that, upon consummation of the transactions herein contemplated, Purchaser will be vested with a good, valid, marketable and insurable leasehold estate in and to the Leased Real Property, subject only to the Permitted Encumbrances. Notwithstanding anything to the contrary contained herein, while Lessee Title Commitments will be delivered for all Leased Real Property, no surveys will be delivered and no Lessee's Title Policies will be issued for Leases unless such Leases are for Free Standing Premises (as defined in Section 7.1). (b) No later than five business days after the date hereof, Seller shall provide to Purchaser copies of all environmental reports pertaining to the Owned Real Property in Seller's possession.

Appears in 1 contract

Samples: Asset Purchase Agreement (Apple South Inc)

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