Individual Properties Sample Clauses

Individual Properties. (a) Each of the Net Lease Partnerships possesses such Licenses and Permits issued by the appropriate federal, state, or local regulatory agencies or bodies necessary to own and operate each Individual Property, except where the failure to possess any such License or Permit would not have a Material Adverse Effect. The Net Lease Partnerships are in material compliance with the terms and conditions of all such Licenses and Permits, except where the failure so to comply would not, singly or in the aggregate, result in a Material Adverse Effect. All of the Licenses and Permits are valid and in full force and effect, except where the invalidity of such Licenses and Permits or the failure of such Licenses and Permits to be in full force and effect would not result in a Material Adverse Effect. Neither the Borrower nor any of the Net Lease Partnerships has received any notice of proceedings relating to the revocation or modification of any such Licenses and Permits which, singly or in the aggregate, if the subject of an unfavorable decision, ruling or finding, would result in a Material Adverse Effect. (b) Except to the extent the failure of the following to be true would not result in a Material Adverse Effect, (i) the Net Lease Partnerships have either (x) fee simple title to the Individual Properties, (y) a land estate interest for a specified number of years in the Individual Properties, or (z) a leasehold estate interest in the Individual Properties, as set forth in Schedule 6.1.18(b)(i); (ii) the interests of the Net Lease Partnerships in the Individual Properties are not subject to any Liens securing the repayment of money except for those securing the repayment of (x) the First Mortgage Debt, as set forth in Schedule 6.1.18(b)(ii)(x), (y) the Other Second Mortgage Debt, as set forth in Schedule 6.1.18(b)(ii)(y), or (z) the NMLP Securitized Notes, as set forth in Schedule 6.1.18(b)(ii)(z); and (iii) except as set forth in Schedule 6.1.18(b)(iii), each land estate remainderman interest and lessor interest under a Ground Lease is not, directly or indirectly, owned or controlled by a Loan Party, Borrower Subsidiary or Xxxxxxx Group Entity; (c) Except to the extent the failure of the following to be true would not result in a Material Adverse Effect, (i) to the best of NMLP’s Knowledge, each Individual Property is free of any Hazardous Materials in violation of any Environmental Laws applicable to such property; (ii) none of the Net Lease Partnerships or Borro...

Individual Properties. Borrower agrees to reimburse its pro rata share (based on the percentage of the aggregate loan amount included in the Securitization represented by the principal amount of the Loan) of third party fees and expenses in connection with the Securitization, including, but not limited to, legal fees and disbursements, third-party due diligence expenses, Rating Agency fees and expenses, the costs of providing appraisals, environmental reports and engineering reports as required by the Rating Agencies, and any servicing, Trustee or special servicing fees and expenses, provided, however, that the third party fees and expenses to be reimbursed by Borrower shall not exceed the Securitization Expense Reserve Amount. In connection with the Securitization, Lender intends to use the Engineering Reports, the Environmental Reports and other third party reports, updated as necessary due to the age of such reports, to the extent permitted by the Rating Agencies. On the Closing Date, proceeds of the Loan in an amount equal to the Securitization Expense Reserve Amount shall be deposited into the Securitization Expense Sub-Account. Within 90 days from the Securitization Closing Date, Lender shall provide Borrower with an itemized bill xx the third party fees and expenses for which it seeks reimbursement from Borrower. Within 30 days from the delivery of such bill xx Borrower, the funds in the Securitization Expense Sub-Account shall be applied to reimburse Lender for such expenses, with any remaining funds in the Securitization Expense Sub-Account to be returned to Borrower on the next Payment Date. On or prior to the Securitization Closing Date, Borrower and AA shall execute and deliver to Lender an instrument (in form and substance reasonably satisfactory to Lender, Borrower and AA) indemnifying and holding Lender and its controlling Persons and Affiliates harmless against all costs, expenses and damages incurred by Lender and its controlling Persons and Affiliates (including, without limitation, all liabilities under all applicable federal and state securities laws) as a direct result of any untrue statement of a material fact contained in such offering documents based on information provided by, or on behalf of, Borrower which describes Borrower, AA, the Individual Properties (and the management thereof) or any aspect of the Loan, or as a result of any untrue statement of material fact in any of the financial statements of Borrower or AA incorporated into the offering docu...

Individual Properties. It shall be unlawful for any person to place any recyclable materials on any property in the Borough (or in the location designated by the Borough for the collection of refuse or recyclable materials generated on the property) unless the recyclable materials were generated on that property, except for— (A) recyclable materials authorized by the owner or possessor of the property which are being collected for recycling outside of a recycling program operated by the Borough or its Contractor; (B) minor and incidental quantities of recyclable materials generated by an owner or resident of the property elsewhere; and (C) minor and incidental quantities of refuse or recyclable materials generated by a guest or customer of the owner, resident, or operator of the property.

Individual Properties. 9.15.1 To the Knowledge of the MARC Principals, each of the Property Owners possesses such Licenses and Permits issued by the appropriate federal, state, or local regulatory agencies or bodies necessary to own and operate each Property, except where the failure to possess any such License or Permit would not have a Material Adverse Effect. To the Knowledge of the MARC Principals, the Property Owners are in material compliance with the terms and conditions of all such Licenses and Permits, except where the failure so to comply would not, singly or in the aggregate, result in a Material Adverse Effect. To the Knowledge of the MARC Principals, all of the Licenses and Permits are valid and in full force and effect, except where the invalidity of such Licenses and Permits or the failure of such Licenses and Permits to be in full force and effect would not result in a Material Adverse Effect. Neither a MARC Principal nor a MARC Entity has received any notice of proceedings relating to the revocation or modification of any such Licenses and Permits which, singly or in the aggregate, if the subject of an unfavorable decision, ruling or finding, would result in a Material Adverse Effect. Any written notice received by a Property Owner or MARC Realty of a violation of Legal Requirements which has not been corrected will not have a Material Adverse Effect. 9.15.2 Except to the extent the failure of the following to be true would not result in a Material Adverse Effect, (i) each Property Owner has fee simple title to its respective Property except for the 8 S. Michigan Property in which the Property Owner owns a leasehold estate and (ii) the interests of each Property Owner in its respective Property are not subject to any Liens securing the repayment of money except for those securing the repayment of the Existing Senior Loans, as set forth in Schedule 9.15.6. 9.15.3 Except to the extent the failure of the following to be true would not result in a Material Adverse Effect, (i) to the knowledge of the MARC Principals and except as otherwise disclosed in Third Party Property Reports and except for asbestos containing materials which are or may be located on certain of the Properties, each Property is free of any Hazardous Materials in violation of any Environmental Laws applicable to such Property; (ii) no MARC Entity has received any notice of a claim under or pursuant to any Environmental Laws applicable to a Property or under common law pertaining to Hazardous Mater...

Individual Properties. 6.15.1 Each of the Property Owners possesses such Licenses and Permits issued by the appropriate federal, state, or local regulatory agencies or bodies necessary to own and operate each Individual Property, except where the failure to possess any such License or Permit would not have a Material Adverse Effect. The Property Owners are in material compliance with the terms and conditions of all such Licenses and Permits, except where the failure so to comply would not, singly or in the aggregate, result in a Material Adverse Effect. All of the Licenses and Permits are valid and in full force and effect, except where the invalidity of such Licenses and Permits or the failure of such Licenses and Permits to be in full force and effect would not result in a Material Adverse Effect. Neither the Borrower nor any of the Property Owners has received any notice of proceedings relating to the revocation or modification of any such Licenses and Permits which, singly or in the aggregate, if the subject of an unfavorable decision, ruling or finding, would result in a Material Adverse Effect.

Individual Properties. Borrower may obtain a release of the lien of Individual Security Instruments (hereinafter an "Individual Release") encumbering UP TO (BUT NO MORE THAN)THREE (3) INDIVIDUAL PROPERTIES (each a "Release Property" and collectively the "Release Properties") prior to the Early Payment Date provided the following items (1)-(4) are satisfied (which items (1) - (4) are referred to herein as the "General Release Criteria"): (1) no Event of Default, and no event or condition that, with the giving of notice or passage of time or both, would constitute an Event of Default, shall then exist, (2) TABB Realty, LLC remxxxx the title owner of all of the Mortgaged Property with no Transfer or Change in Ownership (as defined in the Security Instruments) having occurred, (3) THE TOTAL ALLOCATED LOAN AMOUNT ASSIGNED TO THE RELEASE PROPERTIES DOES NOT EXCEED IN THE AGGREGATE THE SUM OF $20,000,000.00, and (4) the conditions set forth in Section 5(i)(A) below are satisfied with respect to any Individual Release occurring prior to the Defeasance Period and the conditions set forth in Section 5(i)(B) below are satisfied with respect to any Individual Release occurring during the Defeasance Period.

Individual Properties. All properties are privately owned. The Islander reserves the right to change properties for any reason. Should an owner of any property elect to remove their property from our rental program, the guest shall not hold The Islander liable. In such instance, the guest will be relocated to comparable accomodations determined by the rental agency. Age Requirement: The person making the reservation must be 25 years or older and must occupy the unit during the entire length of the reservation. The Islander is a family friendly condominium and we do not rent to guests under the age of 25 without a parent or guardian (ID required). Any reservation made under false pretenses will be subject to forfeiture of advance payment and will not be allowed to check in. Payment: Deposit: A $300.00 advance rent deposit is required at the time of making your reservation, payable with Visa, MasterCard or Discover. If you elect to purchase trip insurance, that cost is due the day added to the reservation. Damages to property will be charged to this credit card account. Unless notified otherwise, as authorized per your reservation deposit confirmation, your

Individual Properties. The portion of the Property associated with each of the parcels of Land described in Exhibits B-1 through B-5 is referred to in this Agreement as an “Individual Property.” The portion of the Property associated with each respective parcel of land is as described on Exhibit A. By its execution of this Agreement, each Seller is agreeing to convey the Individual Property set forth opposite such Seller’s name on Exhibit A to this Agreement (a “Seller’s Individual Property”) upon the terms and conditions set forth in this Agreement.

Individual Properties. This Section shall be personal to the original Borrower under the Loan, together with any transferees expressly permitted by, or consented to by Lender pursuant to, the terms of Section 5.02 above, and no other transferee shall have any rights under this Section.

Individual Properties. 9.15.1 To the Knowledge of the MARC Principals, each of the Property Owners possesses such Licenses and Permits issued by the appropriate federal, state, or local regulatory agencies or bodies necessary to own and operate each Property, except where the failure to possess any such License or Permit would not have a Material Adverse Effect. To the Knowledge of the MARC Principals, the Property Owners are in material compliance with the terms and conditions of all such Licenses and Permits, except where the failure so to comply would not, singly or in the aggregate, result in a Material Adverse Effect. To the Knowledge of the MARC Principals, all of the Licenses and Permits are valid and in full force and effect, except where the invalidity of such Licenses and Permits or the failure of such Licenses and Permits to be in full force and effect would not result in a Material Adverse Effect. Neither a MARC Principal nor a MARC Entity has received any notice of proceedings relating to the revocation or modification of any such Licenses and Permits which, singly or in the aggregate, if the subject of an unfavorable decision, ruling or finding, would result in a Material Adverse Effect. Any written notice received by a Property Owner or MARC Realty of a violation of Legal Requirements which has not been corrected will not have a Material Adverse Effect.