Real Estate Documents. With respect to each parcel of Real Estate, a duly executed Mortgage providing for a first priority recorded Lien, in favor of the Administrative Agent, in all right, title and interest of the Borrowers in such real property, together with each of the following, which shall each be satisfactory in form and substance to the Administrative Agent:
(a) true and complete copies of the fully-executed leases, together with Subordination and Attornment Agreements (if the lease with the tenant does not contain subordination provisions in form and substance reasonably satisfactory to the Administrative Agent), and an estoppel certificate for each lease;
(b) duly executed Environmental Indemnity Agreement;
(c) duly executed Assignment of Leases and Rents;
(d) copies of the nursing home license for each Facility issued by the applicable state;
(e) an ALTA Loan Title Insurance Policy, issued by Chicago Title or another insurer reasonably acceptable to the Administrative Agent, insuring the Administrative Agent’s first priority Lien on such real property and containing such endorsements as the Administrative Agent may reasonably require (it being understood that the amount of coverage, exceptions to coverage and status of title set forth in such policy shall be reasonably acceptable to the Administrative Agent);
(f) copies of all documents of record concerning such real property as shown on the commitment for the ALTA Loan Title Insurance Policy referred to above;
(g) certificates or other evidence of all insurance policies required to be maintained with respect to such real property by this Agreement, the applicable Mortgage or any other Loan Document;
(h) an ALTA survey or such other survey as is reasonably satisfactory to the Administrative Agent (and the applicable title company for purposes of extending title insurance and requested endorsements);
(i) if such real property, or any part thereof, lies within a “special hazard area” as designated on maps prepared by HUD, a National Flood Insurance Association standard flood insurance policy, plus insurance from a private insurance carrier, if reasonably required by the Administrative Agent, for the duration of the Loans in the amount of the full insurable value of the improvements at the particular parcel of real property;
(j) an appraisal ordered by Administrative Agent, prepared by an independent appraiser approved by the Administrative Agent (at the sole cost and expense of the Borrowers), of such parcel of Real Es...
Real Estate Documents. With respect to each parcel of real property owned, leased or otherwise held by the Company or any Subsidiary, a duly executed Mortgage providing for a fully perfected Lien, in favor of the Agent, in all right, title and interest of the Company or such Subsidiary in such real property, together with:
(a) an ALTA Loan Title Insurance Policy, issued by an insurer acceptable to the Agent, insuring the Agent's Lien on such real property as Agent shall designate and containing such endorsements as the Agent may reasonably require (it being understood that the amount of coverage, exceptions to coverage and status of title set forth in such policy shall be acceptable to the Agent);
(b) copies of all documents of record concerning such real property as shown on the commitment for the ALTA Loan Title Insurance Policy referred to above; and
(c) original or certified copies of all insurance policies required to be maintained with respect to such real property by this Agreement, the applicable Mortgage or any other Loan Document. Additionally, in the case of any leased real property, a consent, in form and substance satisfactory to the Agent, from the owner and/or mortgagee (a) consenting to the Mortgage in favor of the Agent with respect to such property and (b) waiving any landlord's Lien in respect of personal property kept at the premises subject to such lease, in each case to the extent the terms of the applicable lease, in the discretion of Agent, when taken together with the Loan Documents, require such waiver and/or consent.
Real Estate Documents. The Shareholders shall have delivered to the Buyer, at the Shareholders' expense, each of the following, in form and substance reasonably satisfactory to the Buyer, covering the Owned Real Estate and/or the Elko Real Property, as the case may be:
4.12.1. At the Closing, an ALTA 1990 owner's title policy (including extended coverage over the standard printed exceptions, access, location, environmental lien, survey and comprehensive endorsements) insuring title in the Company and the Buyer of each parcel of Owned Real Estate and the Elko Real Property and all recorded easements appurtenant thereto upon Closing, subject only to the Permitted Liens and Encumbrances, from First American Title Company of Nevada (the "Title Insurance Company") in the amount set forth with respect to such parcel of Business Real Estate on Schedule 4.12 attached hereto, together in each case with any title insurance affidavit signed by the Company or the Landlord required by the Title Insurance Company and copies of all documents referenced in the policy as exceptions (collectively, the "Title Insurance Policies").
4.12.2. At least five (5) days prior to the Closing Date, an as-built survey relating to each parcel of Owned Real Estate and the Elko Real Property from a surveyor duly licensed in Nevada which survey shall: (i) be certified to the Company, the Buyer, the Title Insurance Company and to such other parties as the Buyer may indicate, (ii) indicate the location, legal description and area and square feet of each parcel of Owned Real Estate and the Elko Real Property, (iii) locate all easements, utilities (including connections to public streets), parking facilities, covenants and restrictions and rights of way, (iv) indicate adjoining streets, building lines, surface improvements, encroachments, vehicular access and parking requirements, (v) identify which portions of the Owned Real Estate and the Elko Real Property are located in a 100 year flood plain area as identified under the National Flood Insurance Program and (vi) satisfy the Minimum Standard Detail Requirements for ALTA/ACSM (1997) Land Title Surveys, including Table A requirements 3, 4, 6, 7, 8, 9, 10, 11 and 13.
4.12.3. At the Closing, stamped general warranty deeds relating to the Elko Real Property, duly executed and acknowledged by the Landlord, free and clear of all Liens and Encumbrances and leases and any other matters affecting title, except the Permitted Liens and Encumbrances.
4.12.4. A written certific...
Real Estate Documents. The provisions of this Agreement supplement the provisions of any real estate mortgage or deed of trust granted by any Grantor to the Agent and securing the payment or performance of any of the Secured Obligations. Nothing contained in any such real estate mortgage or deed of trust shall derogate from any of the rights or remedies of the Agent or any Secured Creditor hereunder.
Real Estate Documents. The fully-executed original Mortgage in relation that certain real property described as owned by Borrower on Schedule 4 to the Guarantee and Collateral Agreement in form and substance satisfactory to Agent.
Real Estate Documents. With respect to each parcel of real property leased by any Loan Party, a copy of the lease with respect thereto and a Landlord Agreement with respect thereto, as required by the Administrative Agent.
Real Estate Documents. Receipt by the Administrative Agent, with respect to each Mortgaged Property owned, if any, by a Loan Party as of the Closing Date, of all Mortgage Instruments and Mortgage Supporting Documents relating thereto.
Real Estate Documents. For each Collateral Property, the items listed on Schedules 10.10 and, if applicable, 10.11, respectively, shall have been delivered to Administrative Agent at Borrowers’ expense and shall be in form and substance reasonably satisfactory to Administrative Agent.
Real Estate Documents. With respect to (i) any Specified Cash Flow Priority Collateral described in Sections 10.01(c)(1)-(5) below owned by the Company or a Guarantor on the Issue Date, the Company or the applicable Guarantor shall use commercially reasonable efforts to deliver or cause to be delivered to the Notes Collateral Agent (x) on the Issue Date, or, to the extent such items cannot be delivered on the Issue Date after the use of commercially reasonable efforts, within 30 days of the Issue Date (or as promptly as reasonably possible thereafter using commercially reasonable efforts) and (ii) any real property acquired by the Company or a Guarantor after the Issue Date that forms a part of the Collateral (but specifically excluding Excluded Assets), the Company or the applicable Guarantor shall use commercially reasonable efforts to deliver or cause to be delivered to the Notes Collateral Agent, within 60 days (or as soon as practicable thereafter using commercially reasonable efforts) of the Issue Date or the date of acquisition, as applicable, the following, in each case, in customary form:
(1) fully executed counterparts of mortgages, deeds of trust, security deeds or deeds to secure debt (each, a “Mortgage”), duly executed and acknowledged by the record owner of such real property, and otherwise in form for recording in the recording office of each applicable political subdivision where such real property is situated, together with such certificates, affidavits, questionnaires or returns as shall be reasonably required in connection with the recording or filing thereof and evidence of the completion (or satisfactory arrangements for the completion) of all recordings and filings of such Mortgage (and payment of any taxes or fees in connection therewith), together with any fixture filings, as may be necessary to create a valid, perfected Lien, with the priority required by this Indenture and the Security Documents, subject to Permitted Liens, against the real property purported to be covered thereby; provided, however, to the extent any such Mortgage is to be filed in a jurisdiction that charges mortgage, intangibles or similar taxes in connection with the recording thereof, the amount to be secured by such Mortgage shall not be more than the Company’s reasonable estimate of the Fair Market Value of such property to the extent that limiting the amount secured to such Fair Market Value results in a savings on such mortgage, intangibles or similar tax; provided, further, if...
Real Estate Documents. (a) In the case of each parcel of real property acquired in fee by the Company or any domestic Subsidiary after the date hereof, concurrently with the acquisition of such real property (i) an ALTA Loan Title Insurance Policy issued by an insurer acceptable to the Administrative Agent (and, for purposes hereof, the Administrative Agent acknowledges that Chicago Title Insurance Company and Xxxxxxx Title Company are acceptable insurers) or a title insurance binder thereof marked by an authorized representative of such title company, insuring the Administrative Agent’s Lien on such real property and containing such endorsements as the Administrative Agent may reasonably require (it being understood that the amount of coverage, exceptions to coverage and status of title set forth in such policy shall be acceptable to the Administrative Agent), (ii) copies of all documents of record concerning such real property as shown on the commitment for the ALTA Loan Title Insurance Policy referred to in clause (i) and (iii) a flood insurance policy concerning such real property, reasonably satisfactory to the Administrative Agent, if required by the Flood Disaster Protection Act of 1973. 55
(b) In the case of each parcel of real property leased (as lessee) by the Company or any domestic Subsidiary after the Effective Time, deliver, or cause to be delivered to the Administrative Agent concurrently with the effectiveness of such lease, (i) a Collateral Access Agreement from the owner and each mortgagee of such property waiving any landlord’s or mortgagee’s Lien in respect of personal property kept at the premises subject to such lease; and
