Common use of Mortgages Title Insurance Surveys Clause in Contracts

Mortgages Title Insurance Surveys. Collateral Agent shall have received: (i) fully executed counterparts of deeds of trust, mortgages and similar documents in each case in form and substance reasonably satisfactory to Agent (as modified, supplemented or amended from time to time in accordance with the terms thereof and hereof, each a "Mortgage" and collectively, the "Mortgages"), which Mortgages shall cover such of the Real Property owned by Borrower or any Subsidiary as shall be listed on Schedule 6.11(c) (each a "Mortgaged Property" and collectively, the "Mortgaged Properties"), together with evidence that counterparts of the Mortgages have been delivered to the title insurance company insuring the Lien of the Mortgages for recording in all places to the extent necessary or desirable, in the judgment of Collateral Agent, to create a valid and enforceable first priority Lien, subject only to Permitted Liens, on each Mortgaged Property in favor of Collateral Agent (or such other trustee as may be required or desired under local law) for the benefit of the Secured Creditors; (ii) mortgagee title insurance polices issued by Chicago Title Insurance Company or title insurers satisfactory to Collateral Agent (the "Mortgage Policies") in amounts reasonably satisfactory to Agent and the Required Lenders insuring Collateral Agent that the Mortgages are valid and enforceable first priority mortgage Liens on the respective Mortgaged Properties, free and clear of all defects and encumbrances other than Permitted Liens, and the Mortgage Policies shall be in form and substance reasonably satisfactory to Agent and the Required Lenders and (a) shall include, as appropriate and to the extent reasonably available, an endorsement for future advances under this Agreement and the Notes and for any other matter that Agent in its discretion may reasonably request, (b) shall not include an exception for mechanics' liens, and (c) shall provide for affirmative insurance and such reinsurance (including direct access agreements) as Agent in its discretion may reasonably request; (iii) a survey, in form and substance satisfactory to Collateral Agent and the title insurance company, of each Mortgaged Property, dated a recent date acceptable to Collateral Agent, certified in a manner satisfactory to Collateral Agent by a licensed professional surveyor reasonably satisfactory to Collateral Agent and the title insurance company (provided that to the extent any such survey has not been delivered on the Closing Date, Borrowers shall cause such surveys to be delivered within thirty (30) days following the Closing Date); and (iv) such estoppel letters, landlord waiver letters, non-disturbance letters and similar assurances as may be reasonably requested by Collateral Agent, which letters and assurances shall be in form and substance reasonably satisfactory to Collateral Agent;

Mortgages Title Insurance Surveys. On the Effective Date, the Collateral Agent shall have received: (i) fully executed counterparts of deeds of trustMortgages, mortgages and similar documents in each case in form and substance reasonably satisfactory to Agent (as modified, supplemented or amended from time to time in accordance with the terms thereof and hereof, each a "Mortgage" and collectively, the "Mortgages")Agent, which Mortgages shall cover such of the Real Property Mortgaged Properties owned by Borrower or any Subsidiary the respective Credit Parties on the Effective Date as shall be listed designated on Schedule 6.11(c) (each a "Mortgaged Property" and collectively, the "Mortgaged Properties")Annex V, together with evidence that counterparts of the such Mortgages have been delivered to the title insurance company insuring the Lien of such Mortgages (or, in respect of Mortgaged Properties located in Canada, to the Mortgages applicable land registry office) for recording in all places to the extent necessary or desirableor, in the judgment reasonable opinion of the Collateral Agent, desirable, to effectively create a valid and enforceable first priority Lien, subject only to Permitted Liens, mortgage lien on each such Mortgaged Property in favor of the Collateral Agent (or such other trustee as may be required or desired under local law) for the benefit of the applicable Secured Creditors; (ii) a mortgagee title insurance polices policy on each such Mortgaged Property located in the United States issued by Chicago Title Insurance Company or a title insurers insurer reasonably satisfactory to Collateral the Agent (the "Mortgage Policies") in amounts reasonably satisfactory to the Agent and assuring the Required Lenders insuring Collateral Agent that the Mortgages on such Mortgaged Properties are valid and enforceable first priority mortgage Liens liens on the respective Mortgaged Properties, free and clear of all defects and encumbrances other than except Permitted Liens, Encumbrances and the such Mortgage Policies shall otherwise be in form and substance reasonably satisfactory to the Agent and the Required Lenders and (a) shall include, as appropriate and to the extent reasonably availableappropriate, an endorsement for future advances under this Agreement and the Notes and for any other matter that the Agent in its discretion may reasonably request, (b) shall not include an exception for mechanics' liens, and (c) shall provide for affirmative insurance and such reinsurance (including direct access agreements) as the Agent in its discretion may reasonably request;; and (iii) a survey, in form and substance reasonably satisfactory to Collateral the Agent and the title insurance company, of each Mortgaged Property, dated a recent date acceptable to Collateral Agent, certified in a manner satisfactory to Collateral Agent by a licensed professional surveyor reasonably satisfactory to Collateral Agent and the title insurance company (provided that to the extent any such survey has not been delivered on the Closing Date, Borrowers shall cause such surveys to be delivered within thirty (30) days following the Closing Date); and (iv) such estoppel letters, landlord waiver letters, non-disturbance letters and similar assurances as may be reasonably requested by Collateral Agent, which letters and assurances shall be in form and substance reasonably satisfactory to Collateral Agent;.

Mortgages Title Insurance Surveys. Collateral (i) The Agent shall have received: (i) received fully executed counterparts of deeds of trust, leasehold deeds of trust, mortgages, leasehold mortgages and similar documents in each case substantially in the form of Exhibit L and with such changes which are in form and substance reasonably satisfactory to the Agent (as modified, supplemented or amended from time to time in accordance with the terms thereof and hereof, each a "Mortgage" and collectively, collectively the "Mortgages")) covering all the Mortgaged Properties, which Mortgages shall cover such of and arrangements reasonably satisfactory to the Real Property owned by Borrower or any Subsidiary as Agent shall be listed on Schedule 6.11(c) (each a "Mortgaged Property" and collectively, the "Mortgaged Properties"), together with evidence in place to provide that counterparts of such Mortgages shall be recorded on the Mortgages have been delivered to the title insurance company insuring the Lien of the Mortgages for recording Effective Date in all places to the extent necessary or desirable, in the judgment of Collateral the Agent, effectively to create a valid and enforceable first priority Lien, subject only to Permitted LiensEncumbrances, on each Mortgaged Property 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;Parties. (ii) Except as agreed to by the Agent, the Agent shall have received ALTA Revised 1987 mortgagee title insurance polices policies or the equivalent thereof (or binding commitments to issue such title insurance policies) issued by Chicago Title Insurance Company or title insurers satisfactory to Collateral the Agent (the "Mortgage Policies") in amounts reasonably satisfactory to the Agent and assuring the Required Lenders insuring Collateral Agent that the Mortgages in respect of the Mortgaged Properties are valid and enforceable first priority mortgage Liens on the respective Mortgaged Properties, free and clear of all defects and encumbrances other than except Permitted Liens, and the Encumbrances. Such Mortgage Policies shall be in form and substance reasonably satisfactory to the Agent and the Required Lenders and (a) shall include, as appropriate and to the extent reasonably available, include an endorsement for future advances under this Agreement Agreement, the Notes and the Notes Mortgages, for mechanics liens and for any other matter that the Agent in its discretion may reasonably request, (b) shall not include an exception for mechanics' liensrequest prior to the Effective Date, and (c) shall provide for affirmative insurance and such reinsurance (including direct access agreements) as the Agent in its discretion may reasonably request;request prior to the Effective Date. (iii) a survey, in form and substance satisfactory to Collateral The Agent and the title insurance company, of each Mortgaged Property, dated shall have received a recent date acceptable survey with respect to Collateral each Real Property owned by Borrower to the extent designated on Schedule V hereto dated and certified to Agent, certified in a manner satisfactory it successors and assigns, within 60 days prior to Collateral Agent the Effective Date prepared by a land surveyor licensed professional surveyor in each of the states where such Real Property is located pursuant to the then current ALTA/ACSM standards for title surveys and otherwise reasonably satisfactory to Collateral Agent and showing thereon the title insurance company (provided that location of the perimeter of each such Real Property by courses and distances, the lines of the streets abutting each of such Real Property and the width thereof, the on site improvements to the extent any constructed and the relation of the on site improvements by distance to the perimeter of each such survey has not been delivered on Real Property, and the Closing Dateestablished building lines and the street lines, Borrowers shall cause all encroachments and the extent thereof upon each such surveys Real Property and indicating that the on-site improvements to be delivered the extent constructed are within thirty (30) days following the Closing Date); andlot and building lines of each such Real Property, indicating whether each such Real Property is in a flood plain and otherwise containing such items as are reasonably requested by Agent. (iv) such estoppel lettersThe Agent shall have received a certificate dated the Effective Date signed on behalf of the Borrower by the President, landlord waiver lettersany Executive Vice President or the Chief Financial Officer of the Borrower certifying that each parcel of Real Property owned in fee simple by Borrower or any of its Subsidiaries which is not a Mortgaged Property is unimproved, non-disturbance letters is vacant, is not used by the Borrower or any of its Subsidiaries in the operation of its or their business, and similar assurances as may be reasonably requested by Collateral Agent, which letters and assurances shall be in form and substance reasonably satisfactory to Collateral Agent;is of de minimis value.

Mortgages Title Insurance Surveys. On the Effective Date and, in ----------------------------------- respect of Mortgaged Property in Canada, on the Canadian Effective Date, the Collateral Agent shall have received: (i) fully executed counterparts of deeds of trustamendments to Mortgages, mortgages and similar documents in each case in form and substance reasonably satisfactory to Agent (as modified, supplemented or amended from time to time in accordance with the terms thereof and hereof, each a "Mortgage" and collectively, the "Mortgages")Collateral Agent, which amendments to Mortgages shall cover such of the Real Property Mortgaged Properties owned by Borrower or any Subsidiary the respective U.S. Credit Parties on the Effective Date and the respective Canadian Credit Parties on the Canadian Effective Date as shall be listed designated on Schedule 6.11(c) (each a "Mortgaged Property" and collectively, the "Mortgaged Properties")Annex V, together with evidence that counterparts of the such amendments to Mortgages have been delivered to the title insurance company insuring the Lien of such Mortgages (or, in respect of Mortgaged Properties located in Canada, to the Mortgages applicable land registry office) for recording in all places to the extent necessary or desirableor, in the judgment reasonable opinion of the Collateral Agent, desirable, to effectively create a valid and enforceable first priority Lien, subject only to Permitted Liens, mortgage lien on each such Mortgaged Property in favor of the Collateral Agent (or such other trustee as may be required or desired under local law) for the benefit of the applicable Secured Creditors; (ii) endorsements to the mortgagee title insurance polices policy on each such Mortgaged Property located in the United States issued by Chicago Title Insurance Company or a title insurers insurer reasonably satisfactory to the Collateral Agent (such policies referred to herein as the "Mortgage Policies") in amounts reasonably satisfactory to the Collateral Agent and assuring the Required Lenders insuring Collateral Agent that the Mortgages on such Mortgaged Properties are valid and enforceable first priority mortgage Liens liens on the respective Mortgaged Properties, free and clear of all defects and encumbrances other than except Permitted Liens, Encumbrances and the such Mortgage Policies shall otherwise be in form and substance reasonably satisfactory to the Collateral Agent and the Required Lenders and (a) shall include, as appropriate and to the extent reasonably availableappropriate, an endorsement for future advances under this Agreement and the Notes and for any other matter that the Agent in its discretion may reasonably request, (b) shall not include an exception for mechanics' liens, and (c) shall provide for affirmative insurance and such reinsurance (including direct access agreements) as the Collateral Agent in its discretion may reasonably request;; and (iii) a survey, in form and substance reasonably satisfactory to the Collateral Agent and the title insurance company, of each Mortgaged Property, dated a recent date acceptable to Collateral Agent, certified in a manner satisfactory to Collateral Agent by a licensed professional surveyor reasonably satisfactory to Collateral Agent and the title insurance company (provided that to the extent any such survey has not been delivered on the Closing Date, Borrowers shall cause such surveys to be delivered within thirty (30) days following the Closing Date); and (iv) such estoppel letters, landlord waiver letters, non-disturbance letters and similar assurances as may be reasonably requested by Collateral Agent, which letters and assurances shall be in form and substance reasonably satisfactory to Collateral Agent;.

Mortgages Title Insurance Surveys. (A) On the Closing Date, the Collateral Agent shall have received: (i) received fully executed counterparts of deeds of trust, mortgages and similar documents in each case in form and substance reasonably satisfactory to the Agent (as modifiedamended, modified or supplemented or amended from time to time in accordance with the terms thereof and hereof, each a "Mortgage" and and, collectively, the "Mortgages") with respect to each of the Mortgaged Properties, subject to Section 7.09(j), which Mortgages shall cover such of and arrangements reasonably satisfactory to the Real Property owned by Borrower or any Subsidiary as Agent shall be listed on Schedule 6.11(c) (each a "Mortgaged Property" and collectively, the "Mortgaged Properties"), together with evidence in place to provide that counterparts of such Mortgages shall be recorded on or promptly after the Mortgages have been delivered to the title insurance company insuring the Lien of the Mortgages for recording Closing Date in all places to the extent necessary or desirable, in the judgment of the Collateral Agent, effectively to create a valid and enforceable first priority mortgage Lien, subject only to Permitted Liens, (but subject to Section 7.09(k)) on each such Mortgaged Property 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;. (iiB) On the Closing Date, the Collateral Agent shall have received mortgagee title insurance polices issued by Chicago Title Insurance Company or title insurers satisfactory to Collateral Agent policies, which may be in the form of marked-up countersigned commitments (the "Mortgage Policies"), with respect to each of the Mortgaged Properties, subject to Section 7.09(i) issued by title insurers satisfactory to the Agent (the "Title Insurers") in amounts equal to fair market value thereof or otherwise reasonably satisfactory to the Agent and assuring the Required Lenders insuring Collateral Agent that the Mortgages referred to in paragraph (A) above are valid and enforceable first priority mortgage Liens on the respective Mortgaged Properties, free and clear of all defects and encumbrances other than except Permitted Liens, and the . Such Mortgage Policies shall be in form and substance reasonably satisfactory to the Agent and the Required Lenders and (ai) shall include, as appropriate and include (to the extent reasonably available, available in the respective jurisdiction of each such Mortgaged Property) an endorsement for future advances under this Agreement and Agreement, the Notes and the Mortgages, and endorsements for any such other matter matters that the Agent in its discretion may reasonably request, (bii) shall not include an exception for mechanics' liens, and (ciii) shall provide for affirmative insurance and such reinsurance (including direct access agreements) as the Agent in its discretion may reasonably request; (iii) a survey, in form and substance satisfactory to Collateral Agent and the title insurance company, of each Mortgaged Property, dated a recent date acceptable to Collateral Agent, certified in a manner satisfactory to Collateral Agent by a licensed professional surveyor reasonably satisfactory to Collateral Agent and the title insurance company (provided that to the extent any such survey has not been delivered on the Closing Date, Borrowers shall cause such surveys to be delivered within thirty (30) days following the Closing Date); and (iv) such estoppel letters, landlord waiver letters, non-disturbance letters and similar assurances as may be reasonably requested by Collateral Agent, which letters and assurances shall be in form and substance reasonably satisfactory to Collateral Agent;.

Mortgages Title Insurance Surveys. Collateral Agent shall have received: (i) fully executed counterparts of deeds of trust, mortgages and similar documents in each case in form and substance reasonably satisfactory to Agent (as modified, supplemented or amended from time to time in accordance with the terms thereof and hereof, each a "Mortgage" and collectively, the "Mortgages"), which Mortgages shall cover such of the Real Property owned by Borrower or any Subsidiary as shall be listed on Schedule 6.11(c) (each a "Mortgaged Property" and collectively, the "Mortgaged Properties"), together with evidence that counterparts of the Mortgages have been delivered to the title insurance company insuring the Lien of the Mortgages for recording in all places to the extent necessary or desirable, in the judgment of Collateral Agent, to create a valid and enforceable first priority Lien, subject only to Permitted Liens, on each Mortgaged Property in favor of Collateral Agent (or such other trustee as may be required or desired under local law) for the benefit of the Secured Creditors; (ii) mortgagee title insurance polices issued by Chicago Title Insurance Company or title insurers satisfactory to Collateral Agent (the "Mortgage Policies") in amounts reasonably satisfactory to Agent and the Required Lenders insuring Collateral Agent that the Mortgages are valid and enforceable first priority mortgage Liens on the respective Mortgaged Properties, free and clear of all defects and encumbrances other than Permitted Liens, and the Mortgage Policies shall be in form and substance reasonably satisfactory to Agent and the Required Lenders and (a) shall include, as appropriate and to the extent reasonably available, an endorsement for future advances under this Agreement and the Notes and for any other matter that Agent in its discretion may reasonably request, (b) shall not include an exception for mechanics' liens, and (c) shall provide for affirmative insurance and such reinsurance (including direct access agreements) as Agent in its discretion may reasonably request; (iii) a survey, in form and substance satisfactory to Collateral Agent and the title insurance company, of each Mortgaged Property, dated a recent date acceptable to Collateral Agent, certified in a manner satisfactory to Collateral Agent by a licensed professional surveyor reasonably satisfactory to Collateral Agent and the title insurance company (provided that to the extent any such survey has not been delivered on the Original Closing Date, Borrowers Borrower shall cause such surveys to be delivered within thirty (30) days following the Original Closing Date); and (iv) such estoppel letters, landlord waiver letters, non-disturbance letters and similar assurances as may be reasonably requested by Collateral Agent, which letters and assurances shall be in form and substance reasonably satisfactory to Collateral Agent;