Common use of Filing and Recording Obligations Clause in Contracts

Filing and Recording Obligations. The Borrowers shall pay or cause to be paid all filing, registration and recording fees and all expenses incident to the execution and acknowledgment of the Deeds of Trust or any other Loan Document, including any instrument of further assurance described in subsection 5.10A, and shall pay or cause to be paid all mortgage recording taxes, transfer taxes, general intangibles taxes and governmental stamp and other taxes, duties, imposts, assessments and charges arising out of or in connection with the execution, delivery, filing, recording or registration of any Collateral Document or any other Loan Document, the CXXXX, the Cooperation Agreement (or any amendments thereto) or any leases or subleases entered into in connection with the Phase II Project (except to the extent already recorded) or memoranda thereof, including any instrument of further assurance described in subsection 5.10A, or by reason of its interest in, or measured by amounts payable under, the Notes, any Collateral Document or any other Loan Document, including any instrument of further assurance described in subsection 5.10A, and shall pay all stamp taxes and other taxes required to be paid on the Notes or any other Loan Document, but excluding in the case of each Lender and the Administrative Agent, Taxes imposed on its income by a jurisdiction under the laws of which it is organized or in which its principal executive office is located or in which its applicable lender office for funding or booking its Loans hereunder is located. If either Borrower fails to make or cause to be made any of the payments described in the preceding sentence within 15 days after notice thereof from the Administrative Agent (or such shorter period as is necessary to protect the loss of or diminution in value of any Collateral by reason of tax foreclosure or otherwise, as determined by the Administrative Agent, in its sole discretion) accompanied by documentation verifying the nature and amount of such payments, the Administrative Agent may (but shall not be obligated to) pay the amount due and the Borrowers shall reimburse all amounts in accordance with the terms hereof.

Filing and Recording Obligations. The Borrowers shall pay or cause to be paid all filing, registration and recording fees and all expenses incident to the execution and acknowledgment of the Deeds of Trust or any other Loan Document, including any instrument of further assurance described in subsection 5.10A6.10A, and shall pay or cause to be paid all mortgage recording taxes, transfer taxes, general intangibles taxes and governmental stamp and other taxes, duties, imposts, assessments and charges arising out of or in connection with the execution, delivery, filing, recording or registration of any Collateral Document or any other Loan Document, the CXXXX, the Cooperation Agreement Document (or any amendments thereto) or any leases or subleases entered into in connection with the Phase II Project (except to the extent already recorded) or memoranda thereof), including any instrument of further assurance described in subsection 5.10A6.10A, or by reason of its interest in, or measured by amounts payable under, the Notes, any Collateral Document or any other Loan Document, including any instrument of further assurance described in subsection 5.10A6.10A, and shall pay all stamp taxes and other taxes required to be paid on the Notes or any other Loan Document, but excluding in the case of each Lender and the Administrative Agent, Taxes imposed on its income by a jurisdiction under the laws of which it is organized or in which its principal executive office is located or in which its applicable lender office for funding or booking its Loans hereunder is located. If either any Borrower fails to make or cause to be made any of the payments described in the preceding sentence within 15 days after notice thereof from the Administrative Agent (or such shorter period as is necessary to protect the loss of or diminution in value of any Collateral by reason of tax foreclosure or otherwise, as determined by the Administrative Agent, in its sole discretion) accompanied by documentation verifying the nature and amount of such payments, the Administrative Agent may (but shall not be obligated to) pay the amount due and the Borrowers such Borrower shall reimburse all amounts in accordance with the terms hereof.

Filing and Recording Obligations. The Borrowers Except as excused by the Bankruptcy Code or applicable orders of the Court, each Borrower shall jointly and severally pay or cause to be paid all filing, registration and recording fees and all expenses incident to the execution and acknowledgment acknowledgement of the Deeds of Trust any Mortgage or any other Loan Document, including any instrument of further assurance described in subsection 5.10A6.15A, and shall pay or cause to be paid all mortgage recording taxes, transfer taxes, general intangibles taxes and governmental stamp and other taxes, duties, imposts, assessments and charges arising out of or in connection with the execution, delivery, filing, recording or registration of any Collateral Document Mortgage or any other Loan Document, the CXXXX, the Cooperation Agreement (or any amendments thereto) or any leases or subleases entered into in connection with the Phase II Project (except to the extent already recorded) or memoranda thereof, including any instrument of further assurance described in subsection 5.10A6.15A, or by reason of its interest in, or measured by amounts payable under, the Notes, any Collateral Document the Mortgages or any other Loan Document, including any instrument of further assurance described in subsection 5.10A6.15A, (excluding income, franchise and doing business taxes), and shall pay all stamp taxes and other taxes required to be paid on the Notes or any other Loan Document; PROVIDED, but excluding HOWEVER, that such Borrower may contest in good faith and through appropriate proceedings, any such taxes, duties, imposts, assessments and charges; PROVIDED FURTHER, HOWEVER, that such Borrower shall pay all such taxes, duties, imposts and charges when due to the case appropriate taxing authority during the pendency of each Lender and the Administrative Agent, Taxes imposed on its income by a jurisdiction under the laws of which it is organized or in which its principal executive office is located or in which its applicable lender office for funding or booking its Loans hereunder is locatedany such proceedings if required to do so to stay enforcement thereof. If either any Borrower fails to make or cause to be made any of the payments described in the preceding sentence within 15 ten (10) days after notice thereof from the Administrative Agent (or such shorter period as is necessary to protect the loss of or diminution in value of any Collateral by reason of tax foreclosure or otherwise, as determined by the Administrative Agent, in its sole discretion) accompanied by documentation verifying the nature and amount of such payments, the Administrative Agent may (but shall not be obligated to) pay the amount due and the Borrowers shall jointly and severally reimburse all amounts in accordance with the terms hereof.

Filing and Recording Obligations. The Borrowers shall pay or cause to be paid all filing, registration and recording fees and all expenses incident to the execution and acknowledgment of the Deeds of Trust or any other Loan Document, including any instrument of further assurance described in subsection 5.10A6.10A, and shall pay or cause to be paid all mortgage recording taxes, transfer taxes, general intangibles taxes and governmental stamp and other taxes, duties, imposts, assessments and charges arising out of or in connection with the execution, delivery, filing, recording or registration of any Collateral Document or any other Loan Document, the CXXXXXXXXX, the Cooperation Agreement (or any amendments thereto) ), or any leases or subleases entered into in connection with the Existing Facility or the Phase II Project (except to the extent already recorded) or memoranda thereof, including any instrument of further assurance described in subsection 5.10A6.10A, or by reason of its interest in, or measured by amounts payable under, the Notes, any Collateral Document or any other Loan Document, including any instrument of further assurance described in subsection 5.10A6.10A, and shall pay all stamp taxes and other taxes required to be paid on the Notes or any other Loan Document, but excluding in the case of each Lender and the Administrative Agent, Taxes imposed on its income by a jurisdiction under the laws of which it is organized or in which its principal executive office is located or in which its applicable lender office for funding or booking its Loans hereunder is located. If either any Borrower fails to make or cause to be made any of the payments described in the preceding sentence within 15 days after notice thereof from the Administrative Agent (or such shorter period as is necessary to protect the loss of or diminution in value of any Collateral by reason of tax foreclosure or otherwise, as determined by the Administrative Agent, in its sole discretion) accompanied by documentation verifying the nature and amount of such payments, the Administrative Agent may (but shall not be obligated to) pay the amount due and the Borrowers such Borrower shall reimburse all amounts in accordance with the terms hereof.

Filing and Recording Obligations. The Borrowers Borrower shall pay or cause to be paid all filing, registration and recording fees and all expenses incident to the execution and acknowledgment of the Deeds of Trust or enforcement under any other Loan Document, including any instrument of further assurance described in subsection 5.10A6.10A, and shall pay or cause to be paid all mortgage recording taxes, transfer taxes, general intangibles taxes and governmental stamp and other taxes, duties, imposts, assessments and charges arising out of or in connection with the execution, delivery, filing, recording or registration of or enforcement under any Collateral Document or any other Loan DocumentDocument or the Assignment of Reinsurances, the CXXXX, the Cooperation Agreement (or any amendments thereto) or any leases or subleases entered into in connection with the Phase II Project (except to the extent already recorded) or memoranda thereof, including any instrument of further assurance described in subsection 5.10A6.10A, or by reason of its interest in, or measured by amounts payable under, the Notes, any Collateral Document or any other Loan DocumentDocument or the Assignment of Reinsurances, including any instrument of further assurance described in subsection 5.10A6.10A, and shall pay all stamp taxes and other taxes required to be paid on the Notes or any other Loan DocumentDocument or the Assignment of Reinsurances, but excluding in the case of each Lender and the Administrative Agent, Taxes imposed on its income by a jurisdiction under the laws of which it is organized or in which its principal executive office is located or in which its applicable lender office for funding or booking its Loans hereunder is located. If either Borrower fails to make or cause to be made any of the payments described in the preceding sentence within 15 days after notice thereof from the Administrative Agent (or such shorter period as is necessary to protect the loss of or diminution in value of any Collateral by reason of tax foreclosure or otherwise, as determined by the Administrative Agent, in its sole discretion) accompanied by documentation verifying the nature and amount of such payments, the Administrative Agent may (but shall not be obligated to) pay the amount due and the Borrowers Borrower shall reimburse all amounts in accordance with the terms hereof.

Filing and Recording Obligations. The Borrowers Borrower shall pay or cause to be paid all filing, registration and recording fees and all expenses incident to the execution and acknowledgment of the Deeds of Trust or enforcement under any other Loan Document, including any instrument of further assurance described in subsection 5.10A6.10A, and shall pay or cause to be paid all mortgage recording taxes, transfer taxes, general intangibles taxes and governmental stamp and other taxes, duties, imposts, assessments and charges arising out of or in connection with the execution, delivery, filing, recording or registration of or enforcement under any Collateral Document or any other Loan DocumentDocument or the Assignment of Reinsurances, the CXXXX, the Cooperation Agreement (or any amendments thereto) or any leases or subleases entered into in connection with the Phase II any Project (except to the extent already recorded) or memoranda thereof, including any instrument of further assurance described in subsection 5.10A6.10A, or by reason of its interest in, or measured by amounts payable under, the Notes, any Collateral Document or any other Loan DocumentDocument or the Assignment of Reinsurances, including any instrument of further assurance described in subsection 5.10A6.10A, and shall pay all stamp taxes and other taxes required to be paid on the Notes or any other Loan DocumentDocument or the Assignment of Reinsurances, but excluding in the case of each Lender and the Administrative Agent, Taxes imposed on its income by a jurisdiction under the laws of which it is organized or in which its principal executive office is located or in which its applicable lender office for funding or booking its Loans hereunder is located. If either Borrower fails to make or cause to be made any of the payments described in the preceding sentence within 15 days after notice thereof from the Administrative Agent (or such shorter period as is necessary to protect the loss of or diminution in value of any Collateral by reason of tax foreclosure or otherwise, as determined by the Administrative Agent, in its sole discretion) accompanied by documentation verifying the nature and amount of such payments, the Administrative Agent may (but shall not be obligated to) pay the amount due and the Borrowers Borrower shall reimburse all amounts in accordance with the terms hereof.

Filing and Recording Obligations. The Borrowers shall pay or cause to be paid all filing, registration and recording fees and all expenses incident to the execution and acknowledgment of the Deeds Deed of Trust, the Leasehold Deed of Trust or any other Loan Document, including any instrument of further assurance described in subsection 5.10A5.11A, and shall pay or cause to be paid all mortgage recording taxes, transfer taxes, general intangibles taxes and governmental stamp and other taxes, duties, imposts, assessments and charges arising out of or in connection with the execution, delivery, filing, recording or registration of any Collateral Document the Deed of Trust, the Leasehold Deed of Trust or any other Loan Document, Document or the CXXXX, the Cooperation Agreement (Mall Lease or any amendments thereto) or any leases or subleases entered into in connection with the Phase II Project (except to the extent already recorded) or memoranda a memorandum thereof, including any instrument of further assurance described in subsection 5.10A5.11A, or by reason of its interest in, or measured by amounts payable under, the Notes, any Collateral Document the Deed of Trust, the Leasehold Deed of Trust or any other Loan Document, including any instrument of further assurance described in subsection 5.10A5.11A, and shall pay all stamp taxes and other taxes required to be paid on the Notes or any other Loan Document, but excluding in the case of each Lender and the Administrative AgentLender, Taxes imposed on its income by a jurisdiction under the laws of which it is organized or in which its principal executive office is located or in which its applicable lender office for funding or booking its Loans hereunder is located. If either any Borrower fails to make or cause to be made any of the payments described in the preceding sentence within 15 days after notice thereof from the Administrative Agent Lender (or such shorter period as is necessary to protect the loss of or diminution in value of any Collateral by reason of tax foreclosure or otherwise, as determined by the Administrative AgentLender, in its sole discretion) accompanied by documentation verifying the nature and amount of such payments, the Administrative Agent Lender may (but shall not be obligated to) pay the amount due and the Borrowers such Borrower shall reimburse all amounts in accordance with the terms hereof.