Mortgage Amendments; etc. With respect to each Mortgaged Property set forth on Schedule 4.01(l) to the Restatement Agreement (except to the extent that any such Mortgaged Property set forth thereon is subject to a contract for sale to a third party (other than the Borrower or a Subsidiary) on the Restatement Effective Date as indicated on such Schedule), deliver to the Agent each of the following, in form and substance reasonably satisfactory to the Agent:
Mortgage Amendments; etc. On or prior to the Closing Date, the Collateral Agent shall have received:
Mortgage Amendments; etc. On or prior to the Fourth Restatement Effective Date, the Collateral Agent shall have received:
Mortgage Amendments; etc. The US Collateral Agent and the Canadian Collateral Agent shall have received, with respect to each parcel of Real Property (other than the Real Property owned by EMDSI) which is required to be subject to a Lien in favor of the US Collateral Agent or the Canadian Collateral Agent (as applicable), each of the following, in form and substance reasonably satisfactory to the US Collateral Agent or the Canadian Collateral Agent (as applicable):
Mortgage Amendments; etc. Agents shall have received from Holdings, Borrower and each U.S. Subsidiary Guarantor, as applicable:
Mortgage Amendments; etc. 34 5.10 Consent Letter ............................................. 35 5.11 Adverse Change, etc. ....................................... 35 5.12 Litigation ................................................. 36 5.13 Solvency Certificate; Environmental Analyses; Insurance .... 36 5.14
Mortgage Amendments; etc. With respect to each Mortgaged Property, each of the following, in form and substance reasonably satisfactory to the Agent:
Mortgage Amendments; etc. Within 45 days of the occurrence of the Eighth Amendment Effective Date, (i) Holdings, Xxxxxx and the U.S. Subsidiary Guarantors, as applicable, shall have entered into such amendments to the Mortgages as are necessary to give effect to the creation of the “second-priority” Lien in favor of the holders of the 2003 Senior Secured Notes and 2003 Senior Secured Note Refinancing Indebtedness on the terms permitted by Section 9.01(iv); provided that such amendments shall be consistent with the amendments made to the U.S. Security Agreement pursuant to the amendment and restatement thereof as contemplated by Section 5(v) of Part III of the Eighth Amendment and otherwise be in form and substance satisfactory to the Collateral Agent and (ii) each U.S. Credit Party shall have taken all actions as may be necessary or, in the reasonable opinion of the Collateral Agent, reasonably required under local law (as advised by local counsel), to create, maintain, effect, perfect (or render enforceable against third parties), preserve, maintain and protect the security interests granted (or purported to be granted) by the Mortgages (as amended as provided above) (including, without limitation, the execution of financing statements).”
Mortgage Amendments; etc. The Collateral Agent shall have received (i) all necessary amendments or modifications to the Mortgages to increase the amount of Obligations secured thereby to up to $250 million and (ii) evidence that all other actions that it may deem necessary or desirable in order to perfect and protect, and continue the perfection and protection of, the first priority Liens and security interests created under the Security Documents has been taken.
Mortgage Amendments; etc. The US Collateral Agent shall have received, with respect to each parcel of Real Property which is required to be subject to a Lien in favor of the US Collateral Agent, each of the following, in form and substance reasonably satisfactory to the US Collateral Agent:
