Common use of Mortgages, etc Clause in Contracts

Mortgages, etc. The Lender shall have received, with respect to each owned parcel of real property which is required to be subject to a Lien in favor of the Lender, each of the following, in form and substance reasonably satisfactory to the Lender: (i) Mortgage on such property; (ii) evidence that a counterpart of the Mortgage has been recorded in the place necessary, in the Lender’s judgment, to create a valid and enforceable first priority Lien in favor of the Lender, for the benefit of the Secured Parties; (iii) ALTA or other mortgagee’s title policy; (iv) an ALTA survey prepared and certified to the Lender by a surveyor acceptable to the Lender; (v) an opinion of counsel in the state in which such parcel of real property is located in form and substance and from counsel reasonably satisfactory to the Lender; (vi) if any such parcel of real property is determined by the Lender to be in a flood zone, a flood notification form signed by the Borrower and evidence that flood insurance is in place for the building and contents, all in form and substance satisfactory to the Lender; (vii) a current appraisal of the real property prepared by an appraiser reasonably acceptable to the Lender, and in form and substance satisfactory to the Lender; (viii) an environmental assessment of the real property prepared by an environmental engineer reasonably acceptable to the Lender, and accompanied by such reports, certificates, studies or data as Lender may reasonably require, which shall all be in form and substance satisfactory to the Lender; and (ix) such other information, documentation, and certifications as may be reasonably required by the Lender.

Mortgages, etc. The Lender Agent shall have received, with respect to each owned parcel of real property which is required to be Mortgaged Property subject to a Lien in favor of the Lenderan Existing Mortgage, each of the following, in form and substance reasonably satisfactory to the LenderAgent: (iA) an amendment to the applicable Existing Mortgage on such propertyproperty in form and substance reasonably satisfactory to the Agent; (iiB) evidence that a counterpart of the amendment to the Existing Mortgage has been recorded or delivered to the appropriate Title Insurance Company subject to arrangements reasonably satisfactory to the Agent for recording promptly following the closing hereunder in the place necessary, in the LenderAgent’s reasonable judgment, to create a valid and enforceable first priority Lien in favor of the Lender, Agent for the benefit of itself and the Secured Parties; (iiiC) ALTA or other mortgagee’s a “date-down” endorsement to the existing title policy, which shall amend the description therein of the insured Existing Mortgage to include the amendment of the Existing Mortgage in form and substance reasonably satisfactory to the Agent; (iv) an ALTA survey prepared and certified to the Lender by a surveyor acceptable to the Lender; (vD) an opinion of counsel in the state in which such parcel of real property is located in form and substance and from counsel reasonably satisfactory to the Lender; (vi) if any such parcel of real property is determined by the Lender to be in a flood zone, a flood notification form signed by the Borrower and evidence that flood insurance is in place for the building and contents, all in form and substance satisfactory to the Lender; (vii) a current appraisal of the real property prepared by an appraiser reasonably acceptable to the Lender, and in form and substance satisfactory to the Lender; (viii) an environmental assessment of the real property prepared by an environmental engineer reasonably acceptable to the Lender, and accompanied by such reports, certificates, studies or data as Lender may reasonably require, which shall all be in form and substance satisfactory to the LenderAgent; and (ixE) such other information, documentation, and certifications (including evidence of flood insurance as may be required by applicable law) as may be reasonably required by the Lender.Agent. provided that, the amount of debt secured by each Mortgage in any state that imposes a mortgage tax shall be reasonably limited to an amount not more than the sum of the Commitments and the incremental loans and commitments that may be made hereunder or thereunder so as to avoid multiple mortgage tax assessments. Notwithstanding the foregoing, if, after the use by the Loan Parties of commercially reasonable efforts to cause the condition set forth in this Section 4.02(i) to be satisfied on or prior to the Restatement Date, the requirements (other than (x) the execution and delivery of the Amendment and Restatement Agreement and the Guarantee and Collateral Agreement by the Loan Parties and (y) the requirements set forth in paragraphs

Mortgages, etc. The Lender Agent shall have received, with respect to each owned parcel of real property which is required to be subject to a Lien in favor of the LenderMortgaged Property, each of the following, in form and substance reasonably satisfactory to the LenderAgent: (iA) a Mortgage on such propertyproperty in form and substance reasonably satisfactory to the Agent; (iiB) evidence that a counterpart of the Mortgage has been recorded or delivered to the appropriate Title Insurance Company subject to arrangements reasonably satisfactory to the Agent for recording promptly following the closing hereunder, in the place necessary, in the LenderAgent’s reasonable judgment, to create a valid and enforceable first priority Lien in favor of the Lender, Agent for the benefit of itself and the Secured Parties; (iiiC) ALTA or other mortgagee’s title policypolicy in form and substance reasonably satisfactory to the Agent; (iv) an ALTA survey prepared and certified to the Lender by a surveyor acceptable to the Lender; (vD) an opinion of counsel in the state in which such parcel of real property is located in form and substance and from counsel reasonably satisfactory to the Lender; (vi) if any such parcel of real property is determined by the Lender to be in a flood zone, a flood notification form signed by the Borrower and evidence that flood insurance is in place for the building and contents, all in form and substance satisfactory to the Lender; (vii) a current appraisal of the real property prepared by an appraiser reasonably acceptable to the Lender, and in form and substance satisfactory to the Lender; (viii) an environmental assessment of the real property prepared by an environmental engineer reasonably acceptable to the Lender, and accompanied by such reports, certificates, studies or data as Lender may reasonably require, which shall all be in form and substance satisfactory to the LenderAgent; and (ixE) such other information, documentation, and certifications (including evidence of flood insurance as may be required by applicable law) as may be reasonably required by the LenderAgent. provided that, the amount of debt secured by each Mortgage in any state that imposes a mortgage tax shall be reasonably limited to an amount not more than the sum of the Commitments, the aggregate outstanding loans and commitments under the Existing Credit Agreement, and the incremental loans and commitments that may be made hereunder or thereunder so as to avoid multiple mortgage tax assessments. Notwithstanding the foregoing, if, after the use by the Loan Parties of commercially reasonable efforts to cause the condition set forth in this Section 4.01(h) to be satisfied on or prior to the Closing Date, the requirements (other than (x) the execution and delivery of this Agreement and the Guarantee and Collateral Agreement by the Credit Parties and (y) the requirements set forth in paragraphs 4.01(h)(i) and 4.01(h)(ii)) are not satisfied as of the Closing Date, the satisfaction of such requirements shall not be a condition to the availability of the Term Loans on the Closing Date (but shall be required to be satisfied as promptly as practicable after the Closing Date and in any event within the period specified therefor in Schedule 5.12 or such later date as Agent may agree to in its reasonable discretion).

Mortgages, etc. The Lender Agent shall have received, with respect to each owned parcel of real property which is required to be subject to a Lien in favor of the LenderMortgaged Property, each of the following, in form and substance reasonably satisfactory to the LenderAgent: (iA) (x) in the case of Mortgaged Property constituting Additional Collateral, a Mortgage on such propertyproperty or (y) in the case of Mortgaged Property constituting Existing Collateral, an amendment to the applicable Existing Mortgage, in each case in form and substance reasonably satisfactory to the Agent; (iiB) evidence that a counterpart of the Mortgage or the amendment to the Existing Mortgage, as applicable, has been recorded or delivered to the appropriate Title Insurance Company subject to arrangements reasonably satisfactory to the Agent for recording promptly following the closing hereunder, in each case, in the place necessary, in the LenderAgent’s reasonable judgment, to create a valid and enforceable first priority Lien in favor of the Lender, Agent for the benefit of itself and the Secured Parties; (iiiC) (x) in the case of Mortgaged Property constituting Additional Collateral, ALTA or other mortgagee’s title policy or (y) in the case of Mortgaged Property constituting Existing Collateral, a “date-down” endorsement to the existing title policy, which shall amend the description therein of the insured Existing Mortgage to include the amendment to the Existing Mortgage, in each case in form and substance reasonably satisfactory to the Agent; (iv) an ALTA survey prepared and certified to the Lender by a surveyor acceptable to the Lender; (vD) an opinion of counsel in the state in which such parcel of real property is located in form and substance and from counsel reasonably satisfactory to the Lender; (vi) if any such parcel of real property is determined by the Lender to be in a flood zone, a flood notification form signed by the Borrower and evidence that flood insurance is in place for the building and contents, all in form and substance satisfactory to the Lender; (vii) a current appraisal of the real property prepared by an appraiser reasonably acceptable to the Lender, and in form and substance satisfactory to the Lender; (viii) an environmental assessment of the real property prepared by an environmental engineer reasonably acceptable to the Lender, and accompanied by such reports, certificates, studies or data as Lender may reasonably require, which shall all be in form and substance satisfactory to the LenderAgent; and (ixE) such other information, documentation, and certifications (including evidence of flood insurance as may be required by applicable law) as may be reasonably required by the LenderAgent. provided that, the amount of debt secured by each Mortgage in any state that imposes a mortgage tax shall be reasonably limited to an amount not more than the sum of the Commitments, the aggregate outstanding loans and commitments under the Existing Borrower Credit Agreement, and the incremental loans and commitments that may be made hereunder or thereunder so as to avoid multiple mortgage tax assessments. Notwithstanding the foregoing, if, after the use by the Loan Parties of commercially reasonable efforts to cause the condition set forth in this Section 4.02(j) to be satisfied on or prior to the Closing Date, the requirements (other than (x) the execution and delivery of this Agreement and the Guarantee and Collateral Agreement by the Credit Parties, (y) the requirements set forth in paragraphs 4.02(j)(i), 4.02(j)(ii) and 4.02(j)(iii) and (z) the execution and delivery of “short form” Intellectual Property Security Agreements with respect to the Intellectual Property constituting Additional Collateral of the Loan Parties that is to be perfected by filing such agreements with the United States Patent and Trademark Office or the United States Copyright Office) are not satisfied as of the Closing Date, the satisfaction of such requirements shall not be a condition to the availability of the Term Loans on the Closing Date (but shall be required to be satisfied as promptly as practicable after the Closing Date and in any event within the period specified therefor in Schedule 5.12 or such later date as Agent may agree to in its reasonable discretion).

Mortgages, etc. The Lender Administrative Agent shall have received, with respect to each owned parcel of real property which is required to be subject to a Lien in favor of the LenderAdministrative Agent, each of the following, in form and substance reasonably satisfactory to the LenderAdministrative Agent: (i) a Mortgage on such property; (ii) evidence that a counterpart of the Mortgage has been recorded in the place necessary, in the LenderAdministrative Agent’s judgment, to create a valid and enforceable first priority Lien in favor of the Lender, Administrative Agent for the benefit of itself, the Lenders and the other Secured Parties;; Table of Contents (iii) ALTA or other mortgagee’s title policy; (iv) an ALTA survey prepared and certified to the Lender Administrative Agent by a surveyor acceptable to the LenderAdministrative Agent; (v) an opinion of counsel in the state in which such parcel of real property is located in form and substance and from counsel reasonably satisfactory to the LenderAdministrative Agent; (vi) if any such parcel of real property is determined by the Lender Administrative Agent to be in a flood zone, a flood notification form signed by the Borrower Representative and evidence that flood insurance is in place for the building and contents, all in form and substance satisfactory to the LenderAdministrative Agent; (vii) a current appraisal of the real property prepared by an appraiser reasonably acceptable to the LenderAdministrative Agent, and such appraisal to be in form and substance satisfactory to the LenderAdministrative Agent; (viii) an environmental assessment of the real property prepared by an environmental engineer reasonably acceptable to the LenderAdministrative Agent, and accompanied by such reports, certificates, studies or data as Lender the Administrative Agent may reasonably require, which shall all be in form and substance satisfactory to the LenderAdministrative Agent; and (ix) such other information, documentation, and certifications as may be reasonably required by the LenderAdministrative Agent.