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.
Appears in 2 contracts
Samples: Credit Agreement (Energy West Inc), Credit Agreement (Energy West Inc)
Real Estate Documents. With respect to each parcel of real property owned, leased or otherwise held by the Company or any Subsidiarylisted on Schedule 11.1.9, a duly executed Mortgage providing for a fully perfected Lien, in favor of the Administrative 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 Administrative Agent, insuring the Administrative Agent's Lien on such real property as Agent shall designate 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);
(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; and
(d) a flood insurance policy concerning such real property, reasonably satisfactory to the Administrative Agent, if required by the Flood Disaster Protection Act of 1973. Additionally, in the case of any leased real property, a consent, in form and substance satisfactory to the Administrative Agent, from the owner and/or and each mortgagee of such property (a) consenting to the Mortgage in favor of the Administrative 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.
Appears in 2 contracts
Samples: Credit Agreement (Synagro Technologies Inc), Credit Agreement (Synagro Technologies Inc)
Real Estate Documents. With respect to each parcel of real property ownedowned by any Borrower, leased or otherwise held by the Company or any Subsidiaryif any, 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 Borrower 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;
(d) a survey certified to the Agent meeting such standards as the Agent may reasonably establish and otherwise reasonably satisfactory to the Agent; and
(e) a flood zone certificate or, if such property is in a flood zone designated "A" or "V" by FEMA, a flood insurance policy concerning such real property, reasonably satisfactory to the Agent or satisfactory evidence that no flood insurance is available. Additionally, in the case of any leased real propertyproperty upon the request of the Agent, 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.
Appears in 2 contracts
Samples: Credit Agreement (Thane International Inc), Credit Agreement (Thane International Inc)
Real Estate Documents. With respect to each parcel of real property owned, leased with a net book value of $750,000 or otherwise held greater owned by the Company or any SubsidiaryLoan Party, a duly executed Mortgage providing for a fully perfected Lien, in favor of the Administrative 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 Administrative Agent, insuring the Administrative Agent's Lien on such real property as Agent shall designate 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);
(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;
(d) a survey certified to the Administrative Agent meeting such standards as the Administrative Agent may reasonably establish and otherwise reasonably satisfactory to the Administrative Agent; and
(e) a flood insurance policy concerning such real property, if required by the Flood Disaster Protection Act of 1973. Additionally, (a) in the case of any leased real property, a consent, in form and substance satisfactory to the Agent, Collateral Access Agreement from the owner and/or mortgagee (a) consenting to the Mortgage in favor landlord 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, lease and (b) in the discretion case of Agentany mortgaged real property, when taken together with a waiver from the Loan Documents, require mortgagee thereof waiving any Lien in respect of personal property kept at the premises subject to such waiver and/or consentMortgage.
Appears in 1 contract
Samples: Credit Agreement (Ennis, Inc.)
Real Estate Documents. With respect to each parcel of real property owned, leased or otherwise held owned by the Company or any Subsidiaryeach Loan Party as set forth on Schedule 11.1.9, 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 each Loan Party 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 ’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;
(d) an ALTA survey certified to the Agent meeting such standards as the Agent may reasonably establish and otherwise reasonably satisfactory to the Agent;
(e) a flood insurance policy concerning such real property, reasonably satisfactory to the Agent, if required by the Flood Disaster Protection Act of 1973;
(f) an appraisal, satisfactory to the Agent, prepared by an independent appraiser engaged directly by the Agent or Co-Agent, of such parcel of real property or interest in real property, in form and substance acceptable to Agent; and
(g) all reports, questionnaires and other information as the Agent or any Bank may require in order to complete its environmental investigation, all in form and substance satisfactory to the Agent and the Banks. 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 Collateral Access Agreement 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.
Appears in 1 contract
Real Estate Documents. With respect to each parcel of real property owned, leased or otherwise held owned 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;
(d) a survey certified to the Agent meeting such standards as the Agent may reasonably establish and otherwise reasonably satisfactory to the Agent;
(e) a flood insurance policy concerning such real property, reasonably satisfactory to the Agent, if required by the Flood Disaster Protection Act of 1973; and
(f) an environmental audit, in form and substance satisfactory to the Agent. Additionally, in the case of any leased real propertyproperty set forth on Schedule 11.1, 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.
Appears in 1 contract
Samples: Credit Agreement (Compudyne Corp)
Real Estate Documents. With respect to each parcel of real property owned, leased or otherwise held owned by the Company or any SubsidiaryLoan Party, a duly executed Mortgage providing for a fully perfected Lien, in favor of the AgentLender, in all right, title and interest of the Company Borrower or such Subsidiary in such real property, together with:
(ai) an ALTA Loan Title Insurance Policy, issued by an insurer acceptable to the AgentLender, insuring the Agent's Lender’s first priority Lien on such real property as Agent shall designate and containing such endorsements as the Agent Lender 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 AgentLender);
(bii) 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;
(ciii) 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 ;
(iv) a survey certified to Lender meeting such standards as Lender may reasonably establish and otherwise reasonably satisfactory to Lender;
(v) a flood insurance policy concerning such real property, a consentif required by the Flood Disaster Protection Act of 1973; and
(vi) an appraisal, prepared by an independent appraiser engaged directly by Lender of such parcel of real property or interest in form and substance satisfactory to real property, which appraisal shall satisfy the Agent, from the owner and/or mortgagee (a) consenting to the Mortgage in favor requirements of the Agent Financial Institutions Reform, Recovery and Enforcement Act, if applicable, and shall evidence compliance 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, supervisory loan-to-value limits set forth in the discretion Federal Deposit Insurance Corporation Improvement Act of Agent1991, when taken together with the Loan Documents, require such waiver and/or consentif applicable.
Appears in 1 contract
Samples: Loan and Security Agreement (Therapeutics Acquisition Corp.)
Real Estate Documents. With respect to each parcel of real property owned, leased or otherwise held by the Company or any Subsidiarylisted on SCHEDULE 11.1.7, a duly executed Mortgage providing for a fully perfected Lien, in favor of the Administrative 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 Administrative Agent, insuring the Administrative Agent's Lien on such real property as Agent shall designate 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);
(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; and
(d) a flood insurance policy concerning such real property, reasonably satisfactory to the Administrative Agent, if required by the Flood Disaster Protection Act of 1973. Additionally, in the case of any leased real property, a consent, in form and substance satisfactory to the Administrative Agent, from the owner and/or and each mortgagee of such property (a) consenting to the Mortgage in favor of the Administrative 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.
Appears in 1 contract
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 (or an appropriate amendment to an already-existing Mortgage, as the case may be) 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, in each such case as Agent may require in its sole discretion:
(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.
Appears in 1 contract
Samples: Credit Agreement (Energy West Inc)