New Mortgages Sample Clauses

New Mortgages. The Administrative Agent shall have received, with respect to each Mortgaged Property (other than any Mortgaged Property that was subject to a Mortgage in favor of Collateral Agent prior to the Restatement Date), each of the following (except as otherwise set forth on Schedule 8.17), in form and substance reasonably satisfactory to the Administrative Agent:
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New Mortgages. On the Restatement Effective Date, the Borrower will, or will cause its Subsidiaries to, deliver to the Collateral Agent (i) fully executed counterparts of deeds of trust, mortgages and similar documents in each case in form and substance satisfactory to the Collateral Agent (each a "New Mortgage" and, collectively, the "New Mortgages") covering all of the Mortgaged Properties listed on Part A of Annex VIII and designated as "New Mortgaged Properties" thereon (each a "New Mortgaged Property" and, collectively, the "New Mortgaged Properties"), and counterparts of such New Mortgages shall have been duly recorded or delivered to the Collateral Agent for recording in all places to the extent necessary or, in the reasonable judgment of the Collateral Agent, desirable, effectively to create a valid and enforceable first priority mortgage Lien, subject only to Permitted Encumbrances, on each such New Mortgaged Property in favor of the Collateral Agent (or such other trustee as may be required or desirable under local law) for the benefit of the Administrative Agent and the Banks, (ii) mortgage title insurance policies issued by title insurers reasonably satisfactory to the Collateral Agent (the "New Mortgage Policies") in amounts reasonably satisfactory to the Collateral Agent and assuring the Collateral Agent that the New Mortgages in respect of the New Mortgaged Properties are valid and enforceable first priority mortgage Liens on the respective New Mortgaged Properties free and clear of all defects and encumbrances except Permitted Encumbrances, and such New Mortgage Policies shall be in form and substance reasonably satisfactory to the Collateral Agent and shall include an endorsement for mechanic liens and for any other matter that the Collateral Agent in its discretion may reasonably request and (iii) such opinions of counsel as the Collateral Agent may reasonably request in connection with such New Mortgages, which opinions of counsel shall be in form and substance satisfactory to the Collateral Agent.
New Mortgages. 6.1 The Portfolio may be augmented from time to time by the sale to the Fund on any Assignment Date of New Mortgages by the Seller in accordance with the Mortgage Sale Agreement.
New Mortgages. If this Contract provides for Buyer to obtain a new mortgage, then Xxxxx’s performance under this Contract shall be 79 contingent upon Xxxxx’s obtaining said mortgage financing at an initial interest rate, not to exceed % (if blank, then prevailing rate based upon 80 Buyer’s creditworthiness) and for a period of years. (30 years if left blank). In the event Xxxxx executes a new mortgage, all charges 81 incidental to the mortgage shall be paid by the Buyer. In the event a letter of approval for said financing is not obtained within calendar days 82 (30 days if blank is not filled in) from the Effective Date of this Contract, then either party may terminate this Contract by delivery of written notice to 83 the other party or his Agent, the deposit(s) shall be returned to the Buyer and all parties shall be released from all further obligations hereunder. Buyer 84 hereby authorizes the mortgage broker and lender to keep Seller and all Brokers fully informed about loan application status, seasoned funds, credit 85 scores, employment verification, loan application progress, and commitment issues.
New Mortgages. If any Borrower shall acquire at any time or times hereafter any fee or ground leasehold interest in any real property, such Borrower agrees promptly to notify the Bank thereof in writing and, if requested by the Bank, to execute and deliver to the Bank, as additional security and collateral for the Obligations, deeds of trust, security deeds, mortgages or other collateral assignments satisfactory in form and substance to the Bank and its counsel (herein collectively referred to as "New Mortgages") covering such real property. Each New Mortgage shall be duly recorded in each office where such recording is required to constitute a valid lien on the real property covered thereby. The Borrowers shall deliver to the Bank, if requested by the Bank, at the Borrowers' expense, a satisfactory mortgagee title insurance policy with respect to each New Mortgage, issued by a title insurance company satisfactory to the Bank, insuring a valid first lien in favor of the Bank on the real property covered thereby. The Borrowers shall deliver to the Bank such other items and documents, as the Bank and its counsel may reasonably request, relating to the real property subject to any New Mortgage.
New Mortgages. The Agent shall have received mortgages, duly executed by the Company, covering all real property of the Company to be included in the Leased Real Estate Borrowing Base Amount and not already subject to a mortgage in favor of the Agent, for the benefit of the Lenders, if any.
New Mortgages. The New Mortgages in form and substance satisfactory to Safeguard, and substantially in the forms attached hereto as Exhibits B-1 and B-2, respectively, for each of the properties listed on Schedule 1.3, other than the Vassar Street Property.
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New Mortgages. For each New Mortgaged Property, other than 651 Anchors Street, Fort Walton Beach, Florida (the "Xxx Xxxxxxx Xxxxxxxx") xxxxx xxxx be encumbered pursuant to the First Amendment to Florida Mortgage, a fully executed and notarized Mortgage (each, a "New Mortgage"), in proper form for recording in the appropriate place in the applicable jurisdiction, encumbering each Real Property Asset listed in Part A-1 of Schedule 5.5B annexed hereto (each such listed Real Property Asset, including the New Florida Property, being collectively, the "New Mortgaged Properties").
New Mortgages. The Borrower will, and will cause each of its Subsidiaries to deliver the following within 30 days after the Restatement Effective Date (or, in the case of clause (iii) below, such longer period as the Collateral Agent may agree):

Related to New Mortgages

  • The Mortgages In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.

  • Mortgages; Deeds of Trust The Company has provided to the Sales Agent true and complete copies of all credit agreements, mortgages, deeds of trust, guaranties, side letters, and other material documents evidencing, securing or otherwise relating to any secured or unsecured indebtedness of the Company or any of its subsidiaries, and none of the Company and its subsidiaries that is party to any such document is in default thereunder, nor has an event occurred which with the passage of time or the giving of notice, or both, would become a default by any of them under any such document.

  • Mortgages In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures and real property leases, letting and licenses of, and contracts, and agreements relating to the lease of, real property, and the terms of this Agreement shall control in the case of all other Collateral.

  • Mortgages, etc (i) The Administrative Agent shall have received a Mortgage with respect to each Mortgaged Property, executed and delivered by a duly authorized officer of each party thereto.

  • Mortgage Amendments Within one hundred fifty (150) days after the Amendment No. 8 Effective Date, unless waived or extended by the Administrative Agent in its sole discretion, with respect to each Mortgaged Property, the Administrative Agent shall have received either the items listed in paragraph (a) or the items listed in paragraph (b) as follows:

  • Mortgages and Deeds of Trust The notes secured by the mortgages and deeds of trust encumbering the Portfolio Properties (except with respect to each property described in the Prospectus as held by the Company through a joint venture) are not convertible, except where the conversion of such notes would not have a Material Adverse Effect, and said mortgages and deeds of trust are not cross-defaulted or cross-collateralized to any property that is not a Portfolio Property, except where such cross-default or cross-collateralization, if triggered, would not have a Material Adverse Effect.

  • SUBORDINATION TO MORTGAGES This Lease and all of Tenant's rights hereunder are subject and subordinate to any Mortgage now or hereafter placed on or affecting the Building, and all renewals, modifications, replacements, amendments and extensions thereof. Upon written request or notice by Landlord, concurred in by any Mortgagee of the Building or any part thereof which includes the Premises, or by any person, firm or corporation intending to become a Mortgagee, Tenant agrees to subordinate its rights under this Lease to the lien or liens of any Mortgage and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof, provided the Mortgagee named in a Mortgage shall agree to recognize the lease of Tenant in the event of foreclosure if Tenant is not in default. Tenant also agrees that any Mortgagee may elect to have this Lease prior to the lien of its Mortgage, and in the event of such election and upon notification by such Mortgagee to Tenant to that effect, this Lease shall be deemed prior in lien to the Mortgage, whether this Lease is dated prior to or subsequent to the date of the Mortgage. Tenant agrees that, upon the request of Landlord or any Mortgagee named in such Mortgage, it will execute and deliver whatever instruments may be required for such purposes. Tenant will, in the event of the sale or assignment of Landlord's interest in the Building or in the event of any proceedings brought for the foreclosure of, or in the event of the exercise of the power of sale under any Mortgage covering the Building, attorn to and recognize such purchaser or Mortgagee as Landlord under this Lease to the same extent and effect as the original Landlord.

  • Other Mortgage Liens None of the Mortgage Loans permits the related Mortgaged Property to be encumbered by any mortgage lien junior to or of equal priority with the lien of the related Mortgage without the prior written consent of the holder thereof or the satisfaction of debt service coverage or other underwriting criteria specified therein. To the Mortgage Loan Seller's knowledge, except for cases involving Cross-Collateralized Mortgage Loans, none of the Mortgaged Properties securing the Mortgage Loans is encumbered by any mortgage liens junior to or of equal priority with the liens of the related Mortgage. Each of the related Mortgage Loan Documents requires the Borrower to pay all reasonable costs and expenses related to obtaining consent to an encumbrance.

  • Deeds of Trust In the event the Mortgage constitutes a deed of trust, a trustee, authorized and duly qualified under applicable law to serve as such, has been properly designated and currently so serves and is named in the Mortgage, and no fees or expenses are or will become payable by the Purchaser to the trustee under the deed of trust, except in connection with a trustee's sale after default by the Mortgagor;

  • Leasehold Mortgages A. Notwithstanding any other provision hereof to the contrary, Tenant shall have the right, from time to time, to convey or encumber by mortgage, deed to secure debt, deed of trust, or similar financing instrument, Tenant’s leasehold estate and interest in and to the Demised Premises or any part thereof (each such leasehold mortgage, deed to secure debt, deed of trust, or other financing instrument being hereinafter referred to as a “Leasehold Mortgage” and the holder thereof as a “Leasehold Mortgagee”) provided that the rights acquired under such mortgage shall be subject to each and all of the covenants, conditions, and restrictions set forth in this Lease and to all rights and interest of Landlord herein, none of which covenants, conditions or restrictions is or shall be waived by Landlord by reason of the right given to so mortgage such interest in this Lease, except as expressly provided herein. The execution and delivery of a Leasehold Mortgage shall not, in and of itself, be deemed to constitute an assignment or transfer of this Lease nor shall the Leasehold Mortgagee, as such, be deemed an assignee or transferee of this Lease so as to require such Leasehold Mortgagee to assume the performance of any of the covenants or agreements on the part of Tenant to be performed hereunder. Tenant shall also have the right from time to time to obtain financing by a “sale and leaseback” of Tenant’s leasehold interest hereunder (i.e., an assignment of Tenant’s leasehold estate under this Lease simultaneously with or subsequent to the making of a sublease of all of the Demised Premises to Tenant). If Tenant shall enter into any such financing arrangement, it shall deliver to Landlord true and complete copies of the instruments effecting such transaction within thirty (30) days of their execution. Simultaneously with the delivery to the Landlord of the aforesaid instruments effecting such transaction, Tenant shall also give Landlord notice of the name and address of the party providing such financing.

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