Common use of Material Real Property Mortgages and Flood Insurance Clause in Contracts

Material Real Property Mortgages and Flood Insurance. If the Borrower or any of its Restricted Subsidiaries acquires any additional Material Real Property after the Closing Date (including by virtue of any previously excluded real property becoming Material Real Property under the definition thereof after the Closing Date) the Borrower shall cause, within the latest of (x) 90 days of such acquisition and (y) a later date to which the Administrative Agent agrees, cause the Borrower or such Restricted Subsidiary to deliver (A) executed counterparts of one or more Mortgages on such Material Real Property in a form appropriate for recording in the applicable recording office, (B) a completed “Life-of-Loan” Federal Emergency Management Agency Standard Flood Hazard Determination with respect to each Building located on such Material Real Property and constituting Collateral and, if any such Building is located in special flood hazard area, (1) a notice about special flood hazard area status and flood disaster assistance duly executed by the Borrower and each Loan Party relating thereto and (2) evidence of applicable flood insurance as required by Section 6.07(b)(i) if such Material Real Property constitutes Collateral, (C) legal opinions from counsel in such jurisdiction as the Material Real Property is located, each in form and substance reasonably satisfactory to Administrative Agent or the Collateral Agent, (D) to the extent required by the Administrative Agent, evidence of the filing of as-extracted UCC-1 financing statements in the appropriate jurisdiction and (E) payment by the Borrower of all mortgage recording taxes and related charges required for the recording of such Mortgages unless, in the judgment of the Administrative Agent, delivery of such materials is unnecessary to ensure the Secured Parties benefit from a perfected First Priority security interest (subject to Permitted Real Estate Encumbrances) in such Material Real Property in favor of the Collateral Agent and such flood insurance (it is understood that in lieu of any new Mortgage, mortgage supplements or any other security documents may be delivered if reasonably acceptable to the Administrative Agent).

Appears in 2 contracts

Samples: Credit Agreement (Contura Energy, Inc.), Credit Agreement (Contura Energy, Inc.)

AutoNDA by SimpleDocs

Material Real Property Mortgages and Flood Insurance. If the Borrower or any of its Restricted Subsidiaries Loan Party acquires any additional Material Real Property after the Closing Date (including by virtue of any previously excluded real property becoming Material Real Property under the definition thereof after the Closing Date) the Borrower Borrowers shall cause, within the latest of (x) 90 days of such acquisition and (y) a later date to which the Administrative Agent agrees, cause the Borrower or such Restricted Subsidiary Loan Party to deliver (A) executed counterparts of one or more Mortgages on such Material Real Property in a form appropriate for recording in the applicable recording office, (B) a completed “Life-of-Loan” Federal Emergency Management Agency Standard Flood Hazard Determination with respect to each Building located on such Material Real Property and constituting Collateral and, if any such Building is located in special flood hazard area, (1) a notice about special flood hazard area status and flood disaster assistance duly executed by the Borrower and each Loan Party relating thereto and (2) evidence of applicable flood insurance as required by Section 6.07(b)(i) if such Material Real Property constitutes Collateral, (C) legal opinions from counsel in such jurisdiction as the Material Real Property is located, each in form and substance reasonably satisfactory to Administrative Agent or the Collateral Agent, (D) to the extent required by the Administrative Agent, evidence of the filing of as-extracted UCC-1 financing statements in the appropriate jurisdiction and (E) payment by the Borrower Borrowers of all mortgage recording taxes and related charges required for the recording of such Mortgages unless, in the judgment of the Administrative Agent, delivery of such materials is unnecessary to ensure the Secured Parties benefit from a perfected First Priority security interest (subject to Permitted Real Estate Encumbrances) in such Material Real Property in favor of the Collateral Agent and such flood insurance (it is understood that in lieu of any new Mortgage, mortgage supplements or any other security documents may be delivered if reasonably acceptable to the Administrative Agent).

Appears in 1 contract

Samples: Credit Agreement (Contura Energy, Inc.)

Material Real Property Mortgages and Flood Insurance. If the Borrower or any of its Restricted Subsidiaries Loan Party acquires any additional Material Real Property after the Closing Effective Date (including by virtue of any previously excluded real property becoming Material Real Property under the definition thereof after the Closing Effective Date) the Borrower Company shall cause, within the latest of (x) 90 ninety (90) days of such acquisition and (y) a later date to which the Administrative Agent agrees, cause the Borrower or such Restricted Subsidiary Loan Party to deliver (A) executed counterparts of one or more Mortgages on such Material Real Property in a form appropriate for recording in the applicable recording office, (B) a completed “Life-of-Loan” Federal Emergency Management Agency Standard Flood Hazard Determination with respect to each Building located on such Material Real Property and constituting Collateral and, if any such Building is located in special flood hazard area, (1) a notice about special flood hazard area status and flood disaster assistance duly executed by the Borrower and each Loan Party relating thereto and (2) evidence of applicable flood insurance as required by Section 6.07(b)(i) if such Material Real Property constitutes Collateral, (C) legal opinions from counsel in such jurisdiction as the Material Real Property is located, each in form and substance reasonably satisfactory to Administrative Agent or the Collateral Agent, (D) to the extent required by the Administrative Agent, evidence of the filing of as-extracted UCC-1 financing statements in the appropriate jurisdiction and (E) payment by the Borrower Company of all mortgage recording taxes and related charges required for the recording of such Mortgages unless, in the judgment of the Administrative Agent, delivery of such materials is unnecessary to ensure the Secured Parties benefit from a perfected First Priority security interest (subject to Permitted Real Estate Encumbrances) in such Material Real Property in favor of the Collateral Agent and such flood insurance (it is understood that in lieu of any new Mortgage, mortgage supplements or any other security documents may be delivered if reasonably acceptable to the Administrative Agent).

Appears in 1 contract

Samples: Based Revolving Credit Agreement (Alpha Metallurgical Resources, Inc.)

Material Real Property Mortgages and Flood Insurance. If the Borrower or With respect to any of its Restricted Subsidiaries acquires any additional Material Real Property after the Closing Date (including by virtue of any previously excluded real property Subsidiary becoming Material Real Property under the definition thereof after the Closing Date) the Borrower shall causea Guarantor pursuant to Section 6.12, within the latest of (x) 90 days of such acquisition Restricted Subsidiary becoming a Guarantor and (y) a later date to which the Facilities Administrative Agent agrees, cause the Borrower or such Restricted Subsidiary to deliver (A) executed counterparts of one or more Mortgages on such its Material Real Property in a form appropriate for recording in the applicable recording officeoffice and in form and substance reasonably satisfactory to the Facilities Administrative Agent, (B) to the extent such Material Real Property is leased, estoppel and consent agreements, in form and substance reasonably satisfactory to the Facilities Administrative Agent, executed by the lessors thereof, along with (i) a memorandum of lease in recordable form with respect to such leasehold interest, executed and acknowledged by the owner of the affected real property, as lessor, or (ii) evidence that the applicable lease with respect to such leasehold interest or a memorandum thereof has been recorded in all places reasonably necessary or desirable, in the Facilities Administrative Agent’s reasonable judgment, to give constructive notice to third-parties of such leasehold interest, (C) a completed “Life-of-Loan” Federal Emergency Management Agency Standard Flood Hazard Determination with respect to each Building located on such Material Real Property and constituting Collateral and, if any such Building is located in special flood hazard area, (1) a notice about special flood hazard area status and flood disaster assistance duly executed by the Borrower and each Loan Party relating thereto and (2) evidence of applicable flood insurance as required by Section 6.07(b)(i) if such Material Real Property constitutes Collateral, (CD) legal opinions from counsel in such jurisdiction as the Material Real Property is located, each in form and substance reasonably satisfactory to the Facilities Administrative Agent or the Collateral AgentTrustee, (DE) to the extent required by the Facilities Administrative Agent, evidence of the filing of as-extracted UCC-1 financing statements in the appropriate jurisdiction and jurisdiction, (EF) payment by the Borrower of all mortgage recording taxes and related charges required for the recording of such Mortgages unless, and (G) such other instruments in the judgment of the connection therewith as Facilities Administrative Agent, delivery of such materials is unnecessary to ensure the Secured Parties benefit from a perfected First Priority security interest (subject to Permitted Real Estate Encumbrances) in such Material Real Property in favor of the Collateral Agent and such flood insurance (it is understood that in lieu of any new Mortgage, mortgage supplements or any other security documents may be delivered if shall reasonably acceptable to the Administrative Agent)require.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Foresight Energy LP)

AutoNDA by SimpleDocs

Material Real Property Mortgages and Flood Insurance. If the Borrower or any of its Restricted Subsidiaries Loan Party acquires any additional Material Real Property after the Closing Date (including by virtue of any previously excluded real property becoming Material Real Property under the definition thereof after the Closing Date) the Borrower shall cause, within the latest of (x) 90 days of such acquisition and (y) a later date to which the Administrative Agent agreesRequired Lenders agree, cause the Borrower or such Restricted Subsidiary Loan Party to deliver (A) executed counterparts of one or more Mortgages on such Material Real Property in a form appropriate for recording in the applicable recording office, (B) a completed “Life-of-Loan” Federal Emergency Management Agency Standard Flood Hazard Determination with respect to each Building located on such Material Real Property and constituting Collateral and, if any such Building is located in special flood hazard area, (1) a notice about special flood hazard area status and flood disaster assistance duly executed by the Borrower and each Loan Party relating thereto and (2) evidence of applicable flood insurance as required by Section 6.07(b)(i) if such Material Real Property constitutes Collateral, (C) legal opinions from counsel in such jurisdiction as the Material Real Property is located, each in form and substance reasonably satisfactory to Administrative Agent or the Collateral AgentRequired Lenders, (D) to the extent required by the Administrative Agent, evidence of the filing of as-extracted UCC-1 financing statements in the appropriate jurisdiction and (E) payment by the Borrower of all mortgage recording taxes and related charges required for the recording of such Mortgages unless, in the judgment of the Administrative AgentRequired Lenders, delivery of such materials is unnecessary to ensure the Secured Parties benefit from a perfected First Priority security interest (subject only to Permitted Real Estate Encumbrances) in such Material Real Property in favor of the Collateral Agent and such flood insurance (it is understood that in lieu of any new Mortgage, mortgage supplements or any other security documents may be delivered if reasonably acceptable to the Administrative AgentAgent (at the direction of the Required Lenders)).

Appears in 1 contract

Samples: Credit Agreement (Contura Energy, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.