Deposit of Documents. The Trustee may appoint as custodian, on any terms, any bank or entity whose business includes the safe custody of documents or any lawyer or firm of lawyers believed by it to be of good repute and may deposit this Trust Deed and any other documents with such custodian and pay all sums due in respect thereof. The Trustee is not obliged to appoint a custodian of securities payable to bearer.
Deposit of Documents. (a) At or before the Closing, Seller shall deposit, or cause to be deposited, into escrow the following items:
(1) the duly executed and acknowledged Deed conveying the Real Property to Buyer subject to the Conditions of Title;
(2) four (4) duly executed counterparts of the Xxxx of Sale in the form attached hereto as Exhibit D (the “Xxxx of Sale”);
(3) four (4) duly executed counterparts of an Assignment and Assumption of Leases, Service Contracts, Warranties and Other Intangible Property in the form attached hereto as Exhibit E pursuant to the terms of which Buyer shall assume all of Seller’s obligations under the Lease, Service Contracts, and other documents and agreements affecting the Property (the “Assignment of Leases”);
(4) all affidavit pursuant to Section 1445(b)(2) of the Code, and on which Buyer is entitled to rely, that Seller is not a “foreign person” within the meaning of Section 1445(f)(3) of the Code;
(5) the duly executed and acknowledged Landscape Easement (as defined in Section 9.19(a) below) signed by Seller and RREEF Domain LP;
(6) the duly executed and acknowledged Parking Garage Easement Agreement (as defined in Section 9.19(b) below) signed by Seller and RREEF Domain LP;
(7) an assignment and assumption of Ground Lease (the “Ground Lease Assignment”), in a recordable form to be agreed upon by Seller and Buyer in their reasonable discretion prior to the expiration of the Contingency Period, duly executed by Seller conveying to Buyer the Leasehold Interest in the Ground Lease Land and improvements located thereon, if any, and Buyer’s assumption of the obligations as ground lessee thereunder from and after the Closing Date;
(8) The Ground Lessor’s Agreement and Consent (as defined in Section 8.4(c)), executed by the ground lessor under the Ground Lease; and
(9) The Second Amendment to Lease (“Lease Amendment”) in the form attached hereto as Exhibit H, executed by the Tenant and Seller.
(b) At or before Closing, Buyer shall deposit into escrow the following items:
(1) immediately available funds necessary to close this transaction, including, without limitation, the Purchase Price (less the Deposit and interest thereon net of investment fees, if any) and funds sufficient to pay Buyer’s closing costs and share of prorations hereunder;
(2) four (4) duly executed counterparts of the Xxxx of Sale;
(3) four (4) duly executed counterparts of the Assignment of Leases;
(4) the duly executed and acknowledged Landscape Easement signed by the Buye...
Deposit of Documents. The Trustee may deposit this Trust Deed and any other documents in any part of the world with any banker or banking company or entity whose business includes undertaking the safe custody of documents, or with any lawyer or firm of lawyers believed by it to be of good repute, and the Trustee shall not be responsible for, or be required to insure against, any loss incurred in connection with any such deposit and may pay all sums to be paid on account of or in respect of any such deposit.
Deposit of Documents. (a) At or before the Closing, Seller shall deposit into escrow the following items:
(1) the duly executed and acknowledged Deed in the form attached hereto as Exhibit B conveying the Real Property to Buyer subject to the Conditions of Title;
(2) four (4) duly executed counterparts of the Xxxx of Sale in the form attached hereto as Exhibit C (the “Xxxx of Sale”);
(3) four (4) duly executed counterparts of an Assignment of Warranties and Other Intangible Property in the form attached hereto as Exhibit D (the “Assignment”);
(4) four (4) duly executed counterparts of the Equinix Lease, including, without limitation, the Guaranty of Lease executed by Equinix, Inc.
(5) an affidavit pursuant to Section 1445(b)(2) of the Code, and on which Buyer is entitled to rely, that Seller is not a “foreign person” within the meaning of Section 1445(f)(3) of the Code;
(6) California 593-C Certificate; and
(7) an affidavit in the form of Exhibit H, duly executed by Seller, and such authority documentation as the Title Company may reasonably require, and, to the extent required, a gap indemnity in a form reasonably acceptable to Seller and the Title Company.
(b) At or before Closing, Buyer shall deposit into escrow the following items:
(1) immediately available funds necessary to close this transaction, including, without limitation, the Purchase Price (less the Deposit and interest thereon net of investment fees, if any) and funds sufficient to pay Buyer’s closing costs and share of prorations hereunder;
(2) four (4) duly executed counterparts of the Xxxx of Sale; and
(3) four (4) duly executed counterparts of the Assignment.
(c) Seller and Buyer shall each execute and deposit a closing statement, such transfer tax declarations and such other instruments as are reasonably required by the Title Company or otherwise required to close the escrow and consummate the acquisition of the Property in accordance with the terms hereof. Seller and Buyer hereby designate Title Company as the “Reporting Person” for the transaction pursuant to Section 6045(e) of the Code and the regulations promulgated thereunder and agree to execute such documentation as is reasonably necessary to effectuate such designation.
(d) Within five (5) business days after the Closing Date, Seller shall deliver or make available at the Property to Buyer: any materials delivered to Seller in connection with Seller’s acquisition of the Property, including all warranties and other Intangible Personal Property. Seller ...
Deposit of Documents may place all deeds, certificates and other documents relating to the property and assets subject to the Transaction Security Documents which are from time to time deposited with it pursuant to the Transaction Security Documents in any safe deposit, safe or receptacle selected by the Security Agent exercising reasonable care or with any firm of solicitors selected by the Security Agent exercising reasonable care and may make any such arrangements as it thinks fit for allowing the Borrower access to, or its solicitors or auditors possession of, such documents when necessary or convenient and the Security Agent shall not be responsible for any loss incurred in connection with any such deposit, access or possession if it has exercised reasonable care in the selection of a safe deposit, safe, receptacle or firm of solicitors.
Deposit of Documents. 47 Section 8.4
Deposit of Documents. The Trustee may deposit this Trust Deed and any other documents in any part of the world with any banker or banking company believed by it to be of good repute or entity whose business includes undertaking the safe custody of documents or with any lawyer or firm of lawyers believed by it to be of good repute and may pay all sums to be paid on account of or in respect of any such deposit provided that, unless in the opinion of the Trustee it is required in connection with the enforcement of any obligation of the Issuer or the Guarantors under this Trust Deed, the Paying and Transfer Agency Agreement or the Notes or otherwise in connection with the performance of the duties of the Trustee hereunder or thereunder or unless it comprises the holding or placing of such documents in the United Kingdom, the Trustee may not take any such action if a liability to stamp duty or other duties or taxes would thereby arise.
Deposit of Documents. Not later than Escrow Holder’s close of business on the last regular business day before the Closing Date or earlier if requested by Escrow Holder (but in no event more than three (3) regular business days prior to the Closing Date), Seller shall deposit in Escrow: (i) a duly executed and acknowledged Grant Deed for the conveyance of the Property to Buyer in accordance with this Agreement (the “Deed”); (ii) any other documents, instruments or things required by this Agreement to be delivered by Seller to Buyer or deposited by Seller into Escrow at Closing; and (iii) any supplemental instructions which Escrow Holder may require for the consummation of the transaction in accordance with this Agreement.
Deposit of Documents. Section 8.4 Prorations........................................... ARTICLE IX -
Deposit of Documents. The Documents shall be deposited with and held by the Fiscal Agent for so long as any Note remains outstanding and for so long as any claim made against the Substituted Debtor by any Noteholder in relation to the Notes or the Documents shall not have been finally adjudicated, settled or discharged. The Substituted Debtor shall acknowledge in the Documents the right of every Noteholder to production of the Documents for the enforcement of any of the Notes or the Documents.
