Common use of No Mortgage Amendment Necessary Clause in Contracts

No Mortgage Amendment Necessary. Written or e-mail confirmation from local counsel in the jurisdiction in which the Mortgaged Real Property is located substantially to the effect that: (i) the recording of the existing Mortgage is the only filing or recording necessary to give constructive notice to third parties of the lien created by such Mortgage as security for the Obligations, including the Obligations evidenced by this Fifth Amendment and the other documents executed in connection herewith, for the benefit of the Secured Creditors, and (ii) no other documents, instruments, filings, recordings, re-recordings, re-filings or other actions, including, without limitation, the payment of any mortgage recording taxes or similar taxes are necessary or appropriate under applicable law in order to maintain the continued enforceability, validity or priority of the lien created by such Mortgage as security for the Obligations, including the Obligations evidenced by this Fifth Amendment and the other documents executed in connection herewith, for the benefit of the Secured Creditors, unless any such mortgage recording taxes are payable in connection with the transactions contemplated by this Fifth Amendment, in which case such written confirmation shall so state; or, for any Mortgage recorded in a jurisdiction in which local counsel is unable to provide the foregoing written or email confirmation, with respect to such Mortgage, the deliverables listed in Section 8(y) below.

Appears in 1 contract

Samples: Credit Agreement (PGT Innovations, Inc.)

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No Mortgage Amendment Necessary. (1) Written or e-mail confirmation from local counsel in the jurisdiction in which the Mortgaged Real Property is located substantially to the effect that: (i) the recording of the existing Mortgage (and any related fixture filing) is the only filing or recording necessary to give constructive notice to third parties of the lien created by such Mortgage as security for the Obligations, including the Obligations evidenced by this Fifth Amendment Agreement and the other documents executed in connection herewith, for the benefit of the Secured CreditorsParties, and (ii) no other documents, instruments, filings, recordings, re-recordings, re-filings or other actions, including, without limitation, the payment of any mortgage recording taxes or similar taxes are necessary or appropriate under applicable law in order to maintain the continued enforceability, validity or priority of the lien created by such Mortgage as security for the Obligations, including the Obligations evidenced by this Fifth Amendment Agreement and the other documents executed in connection herewith, for the benefit of the Secured CreditorsParties, unless any such mortgage recording taxes are payable in connection with the transactions contemplated by this Fifth AmendmentAgreement, in which case such written confirmation shall so state; or, for any Mortgage recorded in a jurisdiction in which local counsel is unable to provide the foregoing written or email confirmation, with respect to such Mortgage, the deliverables listed in Section 8(yclause (ii)(2) below.

Appears in 1 contract

Samples: Restatement Agreement (HCA Healthcare, Inc.)

No Mortgage Amendment Necessary. Written or e-mail confirmation from local counsel in the jurisdiction in which the Mortgaged Real Property is located substantially to the effect that: (i) the recording of the existing Mortgage is the only filing or recording necessary to give constructive notice to third parties of the lien created by such Mortgage as security for the Obligations, including the Obligations evidenced by this Fifth Third Amendment and the other documents executed in connection herewith, for the benefit of the Secured Creditors, and (ii) no other documents, instruments, filings, recordings, re-recordings, re-filings or other actions, including, without limitation, the payment of any mortgage recording taxes or similar taxes are necessary or appropriate under applicable law in order to maintain the continued enforceability, validity or priority of the lien created by such Mortgage as security for the Obligations, including the Obligations evidenced by this Fifth Third Amendment and the other documents executed in connection herewith, for the benefit of the Secured Creditors, unless any such mortgage recording taxes are payable in connection with the transactions contemplated by this Fifth Third Amendment, in which case such written confirmation shall so state; or, for any Mortgage recorded in a jurisdiction in which local counsel is unable to provide the foregoing written or email confirmation, with respect to such Mortgage, the deliverables listed in Section 8(y7(b) below.

Appears in 1 contract

Samples: Credit Agreement (PGT Innovations, Inc.)

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No Mortgage Amendment Necessary. Written or e-mail confirmation from local counsel in the jurisdiction in which the Mortgaged Real Property is located substantially to the effect that: (i) the recording of the existing Mortgage is the only filing or recording necessary to give constructive notice to third parties of the lien created by such Mortgage as security for the Obligations, including the Obligations evidenced by this Fifth Fourth Amendment and the other documents executed in connection herewith, for the benefit of the Secured Creditors, and (ii) no other documents, instruments, filings, recordings, re-recordings, re-filings or other actions, including, without limitation, the payment of any mortgage recording taxes or similar taxes are necessary or appropriate under applicable law in order to maintain the continued enforceability, validity or priority of the lien created by such Mortgage as security for the Obligations, including the Obligations evidenced by this Fifth Fourth Amendment and the other documents executed in connection herewith, for the benefit of the Secured Creditors, unless any such mortgage recording taxes are payable in connection with the transactions contemplated by this Fifth Fourth Amendment, in which case such written confirmation shall so state; or, for any Mortgage recorded in a jurisdiction in which local counsel is unable to provide the foregoing written or email confirmation, with respect to such Mortgage, the deliverables listed in Section 8(y7(y) below.

Appears in 1 contract

Samples: Credit Agreement (PGT Innovations, Inc.)

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