Common use of Real Estate Collateral Clause in Contracts

Real Estate Collateral. The Mortgages, if any, executed after the Closing Date create, as security for the obligations purported to be secured thereby, a valid and enforceable perfected security interest in and Lien on all of the Mortgaged Properties (including, without limitation, all fixtures and improvements relating to such Mortgaged Properties and affixed or added thereto on or after the Closing Date in favor of Collateral Agent (or such other trustee as may be named therein)) for the benefit of the Secured Creditors, superior to and prior to the rights of all third Persons (except that the security interest created in the Mortgaged Properties may be subject to the Permitted Liens related thereto) and subject to no other Liens (other than Liens permitted under Section 8.1). Schedule 6.11(c), contains a true and complete list of each parcel of Real Property owned or leased by Holdings and its Subsidiaries on the Closing Date, identifies which Credit Party has an interest therein and the type of interest therein held by such Credit Party. Each Credit Party will have good and marketable title to all Mortgaged Properties of such Credit Party free and clear of all Liens except those described in the first sentence of this Section 6.11(c).

Real Estate Collateral. The Mortgages, if any, executed after the Closing Date Mortgages create, as security for the obligations purported to be secured thereby, a valid and enforceable perfected security interest in and Lien on all of the Mortgaged Properties (including, without limitation, all fixtures and improvements relating to such Mortgaged Properties and affixed or added thereto on or after the Closing Restatement Date in favor of Collateral Agent (or such other trustee as may be named therein)) for the benefit of the Secured Creditors, superior to and prior to the rights of all third Persons (except that the security interest created in the Mortgaged Properties may be subject to the Permitted Liens related thereto) and subject to no other Liens (other than Liens permitted under Section 8.1). Schedule 6.11(c), ) contains a true and complete list of each parcel of Real Property owned or leased by Holdings and its Subsidiaries on the Closing Restatement Date, identifies which Credit Party has an interest therein and the type of interest therein held by such Credit Party. Each Credit Party will have good and marketable title to all Mortgaged Properties of such Credit Party free and clear of all Liens except those described in the first sentence of this Section 6.11(c).

Real Estate Collateral. The Mortgages, if any, executed after the Closing Date Mortgages create, as security for the obligations purported to be secured thereby, a valid and ----------------------- enforceable perfected security interest in and Lien on all of the Mortgaged Properties (including, without limitation, all fixtures and improvements relating to such Mortgaged Properties and affixed or added thereto on or after the Closing Date Initial Borrowing Date) in favor of Collateral Agent (or such other trustee as may be named therein)) for the benefit of the Secured Creditors, superior to and prior to the rights of all third Persons (except that the security interest created in the Mortgaged Properties may be subject to the Permitted Liens related thereto) and subject to no other Liens (other than Customary Permitted Liens and Liens permitted under Section 8.18.1(i)). Schedule 6.11(c), ) contains a true and complete list of each parcel of Real Property real property owned or leased by Holdings and its Subsidiaries any Credit --------------- ----------------- Party on the Closing Datedate hereof, identifies which Credit Party has an interest therein and the type of interest therein held by such Credit PartyParty and whether such real property will be encumbered by a Mortgage. Each of the applicable Credit Party will have Parties designated on Schedule 6.11(c) has good and marketable title to all its Mortgaged ----------------- Properties of such Credit Party free and clear of all Liens except those described in the first sentence of this Section 6.11(c).. ---------------

Real Estate Collateral. The Mortgages, if any, executed after the Closing Date Mortgages create, as security for the obligations purported to be secured thereby, a valid and enforceable perfected security interest in and Lien on all of the Mortgaged Properties (including, without limitation, all fixtures and improvements relating to such Mortgaged Properties and affixed or added thereto on or after the Closing Date in favor of Collateral Agent (or such other trustee as may be named therein)) for the benefit of the Secured Creditors, superior to and prior to the rights of all third Persons (except that the security interest created in the Mortgaged Properties may be subject to the Permitted Liens related thereto) and subject to no other Liens (other than Liens permitted under Section 8.1). Schedule 6.11(c), ) contains a true and complete list of each parcel of Real Property owned or leased by Holdings and its Subsidiaries on the Closing Date, identifies which Credit Party has an interest therein and the type of interest therein held by such Credit Party. Each Credit Party will have good and marketable title to all Mortgaged Properties of such Credit Party free and clear of all Liens except those described in the first sentence of this Section 6.11(c).