Real Estate Mortgages. The Borrower or the applicable Guarantor (as the case may be) shall have duly executed and delivered to the Collateral Agent the First Lien Real Estate Mortgages, together with (i) evidence that First Lien Real Estate Mortgages shall be recorded in all places to the extent that the Collateral Agent may deem reasonably necessary to perfect and protect the Liens created thereby, including, without limitation, recordings and filings with the appropriate agencies, and all filings and recording fees and taxes in respect thereof shall have been duly paid and (ii) evidence that all other action that the Collateral Agent may deem reasonably necessary to perfect and protect the Liens and security interests created under the First Lien Real Estate Mortgages has been taken.
Real Estate Mortgages. Within 90 days after the Issue Date (or such later date as the Notes Collateral Agent may determine in its sole discretion), Holdings shall deliver or cause the Issuer or such Subsidiary Guarantor that is the record owner of Mortgaged Property granted to the Senior Credit Facilities Collateral Agent to secure the obligations under the Credit Agreement to deliver to the Notes Collateral Agent (a) an executed Mortgage, in full force and effect, to secure the Secured Notes Obligations, (b) a policy or policies of title insurance issued by a nationally recognized title insurance company insuring the lien of each such Mortgage as a valid and enforceable first-priority lien on the real property described therein, free of any liens, other than Permitted Liens (and any other liens acceptable to the Notes Collateral Agent in its sole discretion), as applicable, which policies shall be in form and substance reasonably satisfactory to the Notes Collateral Agent, together with such endorsements, coinsurance and reinsurance as the Notes Collateral Agent may reasonably request and (c) copies of the surveys (together with a no change affidavit or survey update if required by the title insurance company in order to obtain survey coverage), abstracts and appraisals delivered to the Senior Credit Facilities Collateral Agent in connection with the mortgages granted to secure the obligations under the Credit Agreement, and such legal opinions as the Notes Collateral Agent may reasonably request with respect to any such Mortgage or real property pledged as collateral for the Secured Notes Obligations.
Real Estate Mortgages. The Borrower and the other Credit Parties acknowledge and agree that the Administrative Agent has identified the properties set forth on Schedule 1 hereto in a Real Estate Collateral Notice and the Borrower and the Administrative Agent have agreed on a form of deed of trust to be used to xxxxx x Xxxx on each such property in favor of the Administrative Agent, for the ratable benefit of the Secured Parties. In addition, the Borrower and the other Credit Parties have agreed to grant to the Administrative Agent, for the ratable benefit of the Secured Parties, a deed of trust, using the same agreed on form of deed of trust, on that certain property referred to as Xxxxxxx #00 located at 0000 Xxxxx XxxXxxxxx Xxx, Xxxxxxx, Xxxxx (such deed of trust, together with each deed of trust on the properties identified on Schedule 1 hereto to be included in the term “Mortgages” upon execution thereof). Notwithstanding anything to the contrary set forth in Section 8.22 of the Credit Agreement, the applicable Credit Parties shall, within three (3) Business Days, or such later date as agreed in writing by the Administrative Agent, of presentation to the applicable Credit Party for signature of such agreed upon deed of trust form completed to identify any such property, duly execute, have properly notarized and return to the Administrative Agent such deed of trust and promptly upon request take such other steps as shall permit the Administrative Agent to duly record such deed of trust in the appropriate land recording office or registry of deeds. The Credit Parties agree that such deeds of trust for such properties may be submitted to the Credit Parties for signature collectively or individually as they are completed.
Real Estate Mortgages. With respect to any fee interest in any real property owned by the Company or any Subsidiary, promptly upon the request of the Agent, the Company shall or shall cause the relevant Subsidiary to (A) execute and deliver a first priority mortgage or deed of trust (as may be required by applicable law) subject to Permitted Liens, in favor of the Agent for the benefit of the Banks covering such real property, (B) if requested by the Agent, provide the Banks (x) title and extended coverage insurance covering such real property in an amount at least equal to the fair market value of such real property (or such other amount as shall be specified by the Agent) as well as a current ALTA survey thereof or equivalent thereof satisfactory to the Agent, together with a surveyor’s certificate, (y) any consents or estoppels deemed necessary or advisable by the Agent in connection with such mortgage or deed of trust, each of the foregoing in form and substance satisfactory to the Agent and (z) environmental reports or other evidence satisfactory to the Agent as to any potential liabilities under environmental laws associated with such real property and (C) if requested by the Agent, deliver to the Agent legal opinions relating to the matters described above, which opinions shall be in form and substance, and from counsel, satisfactory to the Agent.
Real Estate Mortgages. The Borrower or the applicable Guarantor (as the case may be) shall have duly executed and delivered to the Collateral Agent the Second Lien Real Estate Mortgages, together with (i) evidence that Second Lien Real Estate Mortgages shall be recorded in all places to the extent that the Collateral Agent may deem reasonably necessary to perfect and protect the Liens created thereby, including, without limitation, recordings and 59
Real Estate Mortgages. The Borrower or the applicable Guarantor (as the case may be) shall have duly executed and delivered to the Collateral Agents (in each case, as the Collateral Agents may be satisfied in their sole and absolute discretion with pertinent documentation or evidence (including the implementation of amendments and/or amendments and restatements thereto) delivered in connection with the Existing Facility), the Real Estate Mortgages, together with (i) evidence that Real Estate Mortgages shall be recorded in all places to the extent that the Collateral Agents may deem reasonably necessary to perfect and protect the Liens created thereby, including, without limitation, recordings and filings with the appropriate agencies, and all filings and recording fees and taxes in respect thereof shall have been duly paid and (ii) evidence that all other action that the Collateral Agents may deem reasonably necessary to perfect and protect the Liens and security interests created under the Real Estate Mortgages has been taken.
Real Estate Mortgages. The Administrative Agent shall have received counterparts of the real estate mortgages, substantially in the form of Exhibit J hereto (as amended, supplemented, restated or otherwise modified from time to time, the "Mortgages"), duly executed by the Borrower and its U.S. Subsidiaries, together with (a evidence of the completion (or satisfactory arrangements for the completion) of all recordings and filings of the Mortgages (and related fixture filings) as may be necessary or, in the opinion of the Administrative Agent, desirable to effectively create a valid first priority mortgage Lien against all of the Realty listed on Schedule V hereto owned by the Borrower and its U.S. Subsidiaries; and (b such other approvals, opinions or documents in connection therewith as the Administrative Agent may reasonably request.
Real Estate Mortgages. The Borrower and the Guarantors agree that, no later than 60 days after the Effective Date, they shall deliver to the Agent counterparts of the real estate mortgages, which shall be in form and substance reasonably satisfactory to the Agent (as amended, supplemented, restated or otherwise modified from time to time, the "Mortgages"), duly executed by the Borrower and the Guarantors, together with
(a) evidence of the completion (or satisfactory arrangements for the completion) of all recordings and filings of the Mortgages (and related fixture filings) as may be necessary or, in the opinion of the Agent, desirable to effectively create a valid first priority mortgage Lien against all of the Realty owned by the Borrower; and
(b) such other approvals, opinions or documents in connection therewith as the Agent may reasonably request.
Real Estate Mortgages. Borrowers shall have delivered to the Collateral Agent the Real Estate Mortgages in multiple recordable form counterparts as reasonably required by the Collateral Agent.
Real Estate Mortgages. The Agent and each Lender shall have received counterparts of real estate mortgages or deeds of trust, substantially in the form of Exhibit O hereto (collectively, the "Real Estate Mortgages"), duly executed by each Borrower and each applicable Subsidiary, together with
(A) evidence of the completion (or satisfactory arrangements for the completion) of all recordings and filings of the Real Estate Mortgages (and related fixture filings) as may be necessary or, in the opinion of the Agent or any Lender, desirable to effectively create a valid first priority mortgage Lien against all of the Realty, subject only to the Permitted Encumbrances;
(B) such other approvals, opinions or documents in connection therewith as the Agent or any Lender may reasonably request, including, without limitation, consents and estoppel agreements from landlords; and
(C) a duly executed Real Estate Mortgage Note in the name of the Agent for each Real Estate Mortgage.
