Common use of Liens on Real Property Clause in Contracts

Liens on Real Property. In the event that the Borrower or any Subsidiary owns in fee or hereafter acquires a fee interest in any real property, with a fair market value in excess of $750,000 the Borrower shall, or shall cause such Subsidiary to, execute and deliver to the Administrative Agent (or a security trustee therefor) a mortgage or deed of trust acceptable in form and substance reasonably satisfactory to the Administrative Agent for the purpose of granting to the Administrative Agent a Lien on such real property to secure the Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability, shall pay all taxes, costs, and expenses incurred by the Administrative Agent in recording such mortgage or deed of trust, and, to the extent requested by the Administrative Agent, shall supply to the Administrative Agent at the Borrower’s cost and expense a survey, environmental report, hazard insurance policy, appraisal report, and a mortgagee’s policy of title insurance from a title insurer reasonably acceptable to the Administrative Agent insuring the validity of such mortgage or deed of trust and its status as a first Lien (subject to Permitted Liens) on the real property encumbered thereby and such other instrument, documents, certificates, and opinions reasonably required by the Administrative Agent in connection therewith.

Appears in 2 contracts

Samples: Credit Agreement (Granite City Food & Brewery Ltd.), Credit Agreement (Granite City Food & Brewery LTD)

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Liens on Real Property. In Subject to the limitation imposed by clause (v) of Section 4.1 hereof, in the event that the Borrower or any Subsidiary owns in fee or hereafter acquires a fee interest in any real property, with a fair market value in excess of $750,000 the Borrower shallshall execute and deliver, or and shall cause such the relevant Subsidiary to, to execute and deliver deliver, to the Administrative Agent (or a security trustee therefor) a mortgage or deed of trust reasonably acceptable in form and substance reasonably satisfactory to the Administrative Agent for the purpose of granting to the Administrative Agent for the benefit of itself and the Lenders a Lien on such real property to secure the Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability, shall pay all taxes, costs, taxes and all reasonable costs and expenses incurred by the Administrative Agent in obtaining any real estate appraisal required by the Administrative Agent in connection therewith and in recording such mortgage or deed of trust, and, to the extent requested by the Administrative Agent, and shall at its expense supply to the Administrative Agent at the Borrower’s cost and expense a survey, environmental report, hazard insurance policy, appraisal report, and a mortgagee’s 's policy of title insurance from a title insurer reasonably acceptable to the Administrative Agent insuring the validity of such mortgage or deed of trust and its status as a first Lien (subject to Permitted LiensLiens permitted by this Agreement) on the real property encumbered thereby and such other instrument, documents, certificates, and opinions reasonably required by the Administrative Agent in connection therewith.

Appears in 2 contracts

Samples: Credit Agreement (Lamson & Sessions Co), Credit Agreement (Lamson & Sessions Co)

Liens on Real Property. In the event that the Borrower or any Subsidiary Guarantor owns in fee or hereafter acquires a fee interest in any real propertyproperty (provided that the requirements of this Section 4.3 shall not apply to any lease of real property by the Borrower or any Guarantor), with a fair market value in excess of $750,000 the Borrower shall, or shall cause such Subsidiary Guarantor to, execute and deliver to the Administrative Agent (or a security trustee therefor) a mortgage or deed of trust acceptable in form and substance reasonably satisfactory to the Administrative Agent for the purpose of granting to the Administrative Agent (or a security trustee therefor) a Lien on such real property to secure the Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability, shall pay all taxes, costs, and expenses incurred by the Administrative Agent in recording such mortgage or deed of trust, and, to the extent requested by the Administrative Agent, and shall supply to the Administrative Agent at the Borrower’s cost and expense a survey, environmental report, hazard insurance policy, appraisal report, and a mortgagee’s policy of title insurance from a title insurer reasonably acceptable to the Administrative Agent insuring the validity of such mortgage or deed of trust and its status as a first Lien (subject to Permitted LiensLiens permitted by this Agreement) on the real property encumbered thereby and such other instrument, documents, certificates, and opinions reasonably required by the Administrative Agent in connection therewith.

Appears in 2 contracts

Samples: Credit Agreement (DG FastChannel, Inc), Credit Agreement (DG FastChannel, Inc)

Liens on Real Property. In the event that the Borrower Company or any Domestic Subsidiary owns in fee or hereafter acquires a fee interest interests in any real property, with a fair market value in excess of $750,000 the Borrower Company shall, or shall cause such Domestic Subsidiary to, execute and deliver to the Administrative Agent (or a security trustee therefor) a mortgage or deed of trust acceptable in form and substance reasonably satisfactory to the Administrative Agent for the purpose of granting to the Administrative Agent for the benefit of itself, the Banks, certain Affiliates of the Banks and the Issuing Agents a Lien on each such real property to secure the Obligations, Obligations and the Hedging Liability, and Funds Transfer and Deposit Account Liability, shall pay all taxes, costs, costs and expenses incurred by the Administrative Agent in recording such mortgage or deed of trust, and, to the extent requested by the Administrative Agent, and shall supply to the Administrative Agent (to the extent not otherwise waived in writing by the Administrative Agent) at the Borrower’s Company's cost and expense a survey, environmental report, hazard insurance policy, appraisal report, and a mortgagee’s 's policy of title insurance from a title insurer reasonably acceptable to the Administrative Agent insuring the validity of such mortgage or deed of trust and its status as a first Lien (subject to Permitted LiensLiens permitted by this Agreement) on the real property encumbered thereby and such other instrument, documents, certificates, and opinions reasonably required by the Administrative Agent in connection therewith.

Appears in 2 contracts

Samples: Multicurrency Credit Agreement (General Binding Corp), Multicurrency Credit Agreement (General Binding Corp)

Liens on Real Property. In the event that the Borrower or any Subsidiary Designated Company owns in fee or hereafter acquires a any fee interest in any real property, with a fair market value in excess of $750,000 the Borrower shall, or shall cause such Subsidiary other Designated Company to, execute and deliver to the Administrative Agent (or a security trustee therefor) a mortgage or deed of trust reasonably acceptable in form and substance reasonably satisfactory to the Administrative Agent for the purpose of granting to the Administrative Agent for the benefit of itself, the L/C Issuer, the Lenders and their Affiliates a Lien on such real property to secure the Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability, Obligations shall pay all taxes, costs, costs and expenses incurred by the Administrative Agent in recording such mortgage or deed of trust, and, to the extent requested by the Administrative Agent, and shall supply to the Administrative Agent at the Borrower’s 's cost and expense a survey, environmental reportreport (including Phase I and, if reasonably required by the Administrative Agent at any time, Phase 2 environmental assessments), hazard insurance policy, appraisal report, appraisals and a mortgagee’s 's policy of title insurance from a title insurer reasonably acceptable to the Administrative Agent Agent, in Administrative Agent's name, insuring the validity of such mortgage or deed of trust and its status as a first Lien (subject to Permitted LiensLiens permitted by this Agreement) on the real property encumbered thereby and such other instrumentinstruments, documents, certificates, and opinions reasonably required by the Administrative Agent in connection therewith.

Appears in 1 contract

Samples: Credit Agreement (All American Semiconductor Inc)

Liens on Real Property. In the event that the Borrower or any Subsidiary Guarantor owns in fee simple title or hereafter acquires a fee interest in simple title to any real property, property with a fair market value in excess of $750,000 5,000,000 located in the United States, the Borrower shall, or the Borrower shall cause such Subsidiary Guarantor to, subject to the exceptions set forth in Section 4.2, (i) execute and deliver to the Administrative Agent a fully executed and notarized mortgage or deed of trust reasonably acceptable in form and substance to the Administrative Agent and the Borrower and otherwise in proper form for recording in all appropriate places in all applicable jurisdictions for the purpose of granting to the Collateral Agent (or a security trustee therefor) a mortgage or deed of trust acceptable in form and substance reasonably satisfactory to the Administrative Agent for the purpose of granting to the Administrative Agent a Lien on such real property to secure the Obligations, Hedging Liability, and Funds Transfer and Transfer, Deposit Account LiabilityLiability and Foreign LCs (and Schedule 6.14(c) shall be deemed amended to include reference to such real property), shall (ii) pay all taxes, reasonable out-of-pocket costs, and reasonable out-of-pocket expenses incurred by the Administrative Agent in recording such mortgage or deed of trust, and, to the extent requested by the Administrative Agent, shall and (iii) supply to the Administrative Agent at the Borrower’s cost and expense a surveyexpense, environmental report, hazard insurance policy, appraisal report, and a mortgagee’s policy of title insurance from a title insurer in each case if reasonably acceptable to the Administrative Agent insuring the validity of such mortgage or deed of trust and its status as a first Lien (subject to Permitted Liens) on the real property encumbered thereby and such other instrument, documents, certificates, and opinions reasonably required requested by the Administrative Agent (a) a survey, (b) an environmental report (if obtained by the Borrower or any Subsidiary in connection therewith.with such acquisition),

Appears in 1 contract

Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.)

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Liens on Real Property. In the event that the Borrower or any Subsidiary owns in fee or hereafter acquires a fee interest in any real property, with a fair market value in excess of $750,000 the Borrower shall, or shall cause such Subsidiary to, execute and deliver to the Administrative Agent (or a security trustee therefor) Bank a mortgage or deed of trust acceptable in form and substance reasonably satisfactory to the Administrative Agent Bank for the purpose of granting to the Administrative Agent Bank (or a security trustee therefor) a Lien on such real property to secure the Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability, shall pay all taxes, costs, and expenses incurred by the Administrative Agent Bank in recording such mortgage or deed of trust, and, to the extent requested by the Administrative Agent, and shall supply to the Administrative Agent Bank at the Borrower’s cost and expense a survey, environmental report, hazard insurance policy, appraisal report, and a mortgagee’s policy of title insurance from a title insurer reasonably acceptable to the Administrative Agent Bank insuring the validity of such mortgage or deed of trust and its status as a first Lien (subject to Permitted LiensLiens expressly permitted by this Agreement) on the real property encumbered thereby and such other instrument, documents, certificates, and opinions reasonably required by the Administrative Agent Bank in connection therewith; provided, however, that Borrower and its Subsidiaries shall not be required to xxxxx x Xxxx to Bank on real properties owned by Borrower and its Subsidiaries having a value of less than $500,000 in the aggregate for all such real properties owned by Borrower and its Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Quadrant 4 System Corp)

Liens on Real Property. In Subject to the limitation imposed by clause (v) of Section 4.1 hereof, in the event that the Borrower or any Subsidiary owns in fee or hereafter acquires a fee interest in any owned real property, property with a fair market value in excess greater than or equal to $1,000,000 (or, during the existence of $750,000 any Event of Default, any owned real property, regardless of its value, at the request of the Administrative Agent), the Borrower shallshall execute and deliver, or and shall cause such the relevant Subsidiary to, to execute and deliver deliver, to the Administrative Agent (or a security trustee therefor) a mortgage or deed of trust reasonably acceptable in form and substance reasonably satisfactory to the Administrative Agent for the purpose of granting to the Administrative Agent for the benefit of itself and the Lenders a Lien on such real property to secure the Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability, shall pay all taxes, costs, taxes and all reasonable costs and expenses incurred by the Administrative Agent in obtaining any real estate appraisal required by the Administrative Agent in connection therewith and in recording such mortgage or deed of trust, and, to the extent requested by the Administrative Agent, and shall at its expense supply to the Administrative Agent at the Borrower’s cost and expense a survey, environmental report, hazard insurance policy, appraisal report, and a mortgagee’s policy of title insurance from a title insurer reasonably acceptable to the Administrative Agent insuring the validity of such mortgage or deed of trust and its status as a first Lien (subject to Permitted LiensLiens permitted by this Agreement) on the real property encumbered thereby and such other instrument, documents, certificates, and opinions reasonably required by the Administrative Agent in connection therewith.

Appears in 1 contract

Samples: Credit Agreement (Lamson & Sessions Co)

Liens on Real Property. In the event that the Borrower or any Subsidiary owns in fee or hereafter acquires a fee interest in any real property, with a fair market value in excess of $750,000 the Borrower shall, or shall cause such Subsidiary to, execute and deliver to the Administrative Agent (or a security trustee therefor) a mortgage or deed of trust acceptable in form and substance reasonably satisfactory to the Administrative Agent for the purpose of granting to the Administrative Agent a Lien on such real property to secure the Obligations, Hedging Liability, and Funds Transfer and Deposit Account Liability, shall pay all taxes, costs, and expenses incurred by the Administrative Agent in recording such mortgage or deed of trust, and, to the extent requested by the Administrative Agent, and shall supply to the Administrative Agent at the Borrower’s cost and expense a survey, environmental report, hazard insurance policy, appraisal report, and a mortgagee’s policy of title insurance with respect to any fee interest from a title insurer reasonably acceptable to the Administrative Agent insuring the validity of such mortgage or deed of trust and its status as a first Lien (subject to Permitted Liens) on the real property encumbered thereby and such other instrument, documents, certificates, and opinions reasonably required by the Administrative Agent in connection therewith; provided, however, that a Foreign Subsidiary shall not be required to gxxxx x Xxxx on its real property (and the Borrower and such Foreign Subsidiary shall not be required to comply with the other requirements of this Section 4.2 concerning such Lien).

Appears in 1 contract

Samples: Credit Agreement (Delek US Holdings, Inc.)

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