Common use of Mortgage Amendments; etc Clause in Contracts

Mortgage Amendments; etc. On or prior to the Closing Date, the Collateral Agent shall have received: (i) fully executed counterparts of amendments (the "Mortgage Amendments"), in form and substance satisfactory to the Administrative Agent and the Required Banks, to each of the Existing Mortgages, together with evidence that counterparts of each of the Mortgage Amendments have been delivered to the title company insuring the Lien of the Existing Mortgages for recording in all places to the extent necessary or desirable, in the judgment of the Collateral Agent, effectively to maintain a valid and enforceable first priority mortgage lien (subject to Permitted Encumbrances relating thereto) on the Existing Mortgaged Properties in favor of the Collateral Agent (or such other trustee as may be required or desired under local law) for the benefit of the Secured Creditors; and (ii) endorsements reasonably satisfactory to the Collateral Agent to each Existing Mortgage Policy assuring the Collateral Agent that each Existing Mortgage is a valid and enforceable first priority mortgage lien on the respective Existing Mortgaged Properties, free and clear of all defects and encumbrances except Permitted Encumbrances.

Mortgage Amendments; etc. On or prior to the Closing Date, the Collateral Agent Agents shall have receivedreceived from Holdings, Borrower and each U.S. Subsidiary Guarantor, as applicable: (i) fully Fully executed counterparts of amendments (the "Mortgage Amendments"), in form and substance reasonably satisfactory to the JPMSI and Administrative Agent and the Required BanksAgent, to each of the Existing Closing Date Mortgages and Original Additional Mortgages, together with evidence that counterparts a counterpart of each of the such Mortgage Amendments have been delivered to the title company Title Company insuring the Lien of the Existing on such Closing Date Mortgages and Original Additional Mortgages for recording in all places to the extent necessary or desirable, in the judgment of the Collateral JPMSI and Administrative Agent, effectively to maintain a valid and enforceable first priority mortgage lien (subject to Permitted Encumbrances relating thereto) on such Closing Date Mortgaged Property or Original Additional Mortgaged Property, as the Existing Mortgaged Properties case may be, in favor of the Collateral Agent (or such other trustee as may be required or desired under local law) for the benefit of the Secured Creditors; and (ii) endorsements Endorsements of the authorized issuing agent for title insurers reasonably satisfactory to the Collateral JPMSI and Administrative Agent to each Existing Closing Date Mortgage Policy and Original Additional Mortgage Policy assuring the Collateral Agent Agents that each Existing Closing Date Mortgage or Original Additional Mortgage, as the case may be, is a valid and enforceable first priority mortgage lien on the respective Existing Closing Date Mortgage Property or Original Additional Mortgaged PropertiesProperty, as the case may be, free and clear of all defects and encumbrances except Permitted Encumbrances.

Mortgage Amendments; etc. On or prior to the Closing Fourth Restatement Effective Date, the Collateral Agent shall have received: (i) fully executed counterparts of amendments (the "Mortgage Amendments"), in form and substance satisfactory to the Administrative Agent and the Required Banks, to each of the Existing Mortgages, together with evidence that counterparts of each of the Mortgage Amendments have been delivered to the title company insuring the Lien lien of the Existing Mortgages for recording in all places to the extent necessary or desirable, in the judgment of the Collateral Agent, effectively to maintain a valid and enforceable first priority mortgage lien (subject to Permitted Encumbrances relating thereto) on the Existing Mortgaged Properties in favor of the Collateral Agent (or such other trustee as may be required or desired under local law) for the benefit of the Secured Creditors; and (ii) endorsements reasonably satisfactory to the Collateral Agent to each Existing Mortgage Policy assuring the Collateral Agent that each Existing Mortgage is a valid and enforceable first priority mortgage lien on the respective Existing Mortgaged Properties, free and clear of all defects and encumbrances except Permitted Encumbrances.

Mortgage Amendments; etc. On or prior to the Closing Second Restatement Effective Date, the Collateral Agent shall have received: (i) fully executed counterparts of amendments (the "Mortgage Amendments"), in form and substance satisfactory to the Administrative Agent and the Required Banks, to each of the Existing Mortgages, together with evidence that counterparts of each of the Mortgage Amendments have been delivered to the title company insuring the Lien of the Existing Mortgages for recording in all places to the extent necessary or desirable, in the judgment of the Collateral Agent, effectively to maintain a valid and enforceable first priority mortgage lien (subject to Permitted Encumbrances relating thereto) on the Existing Mortgaged Properties in favor of the Collateral Agent (or such other trustee as may be required or desired under local law) for the benefit of the Secured Creditors; and (ii) endorsements reasonably satisfactory to the Collateral Agent to each Existing Mortgage Policy assuring the Collateral Agent that each Existing Mortgage is a valid and enforceable first priority mortgage lien on the respective Existing Mortgaged Properties, free and clear of all defects and encumbrances except Permitted Encumbrances.

Mortgage Amendments; etc. On or prior to the Closing Third Restatement Effective Date, the Collateral Agent shall have received: (i) fully executed counterparts of amendments (the "Mortgage Amendments"), in form and substance satisfactory to the Administrative Agent and the Required Banks, to each of the Existing Mortgages, together with evidence that counterparts of each of the Mortgage Amendments have been delivered to the title company insuring the Lien of the Existing Mortgages for recording in all places to the extent necessary or desirable, in the judgment of the Collateral Agent, effectively to maintain a valid and enforceable first priority mortgage xxxx- xxxx lien (subject to Permitted Encumbrances relating thereto) on the Existing Mortgaged Properties in favor of the Collateral Agent (or such other trustee as may be required or desired under local law) for the benefit of the Secured Creditors; and (ii) endorsements reasonably satisfactory to the Collateral Agent to each Existing Mortgage Policy assuring the Collateral Agent that each Existing Mortgage is a valid and enforceable first priority mortgage lien on the respective Existing Mortgaged Properties, free and clear of all defects and encumbrances except Permitted EncumbrancesEncum- brances.