Real Estate Rights. Owner acknowledges that Franchisor’s rights under this Section 5 are real estate rights in the Hotel. Franchisor is entitled to file a record of such interest in and among the appropriate real estate records of the jurisdiction in which the Hotel is located, and Owner shall cooperate as requested by Franchisor in such filing. Such recording shall indicate that Franchisor’s rights in real estate under Section 5 of this Agreement shall be subordinate to the interests of bona fide lenders who are not Competitors or affiliates of Competitors and who record a security interest in the Hotel, provided that any such financing and security interests comply with the requirements of Section 7 hereof. Owner acknowledges and agrees that damages are not an adequate remedy in the event that Owner breaches its obligations under this Section 5, and Franchisor shall be entitled to injunctive relief to prevent or remedy such breach.
Real Estate Rights. (a) Contractor has reviewed the Real Estate Rights set forth on Appendix G hereto and hereby represents and acknowledges that it does not need any additional Real Estate Rights in order to perform the Services (provided, however, that such representation and acknowledgment by Contractor shall not be construed to extend to the status of title to or the existence of liens or other similar encumbrances against such Real Estate Rights to the extent such matters are not reasonably ascertainable by a visual inspection of such Real Estate Rights), and Owner represents that as of the date hereof it has no actual knowledge that additional Real Estate Rights will be necessary for Contractor's performance of the Services. Contractor shall provide all necessary information and documents and use all reasonable efforts to assist Owner in obtaining all Real Estate Rights required to be obtained by Owner hereunder. If Contractor at any time becomes aware of any Real Estate Right that it requires which is not listed on Appendix G hereto, Contractor shall immediately give notice thereof to Owner.
(b) If at any time after the date hereof, performance of the Services hereunder requires any Real Estate Right not listed on Appendix G hereto (as such Appendix G may be modified pursuant to any Scope Change Order issued by Owner hereunder (including, without limitation, pursuant to the terms of Section 12.5 hereof)), Contractor shall be responsible for obtaining such Real Estate Right at its own expense; provided, however, that, without limiting the foregoing, Owner shall apply at Contractor's cost and expense for such Real Estate Right with the Person from whom such Real Estate Right is to be secured if such Real Estate Right is of the type customarily obtained by an owner of a project.
Real Estate Rights. Owner acknowledges that Franchisor’s rights under this Section 5 are real estate rights with respect to the Hotel. Franchisor is entitled to file a record of such interest in and among the appropriate real estate records of the jurisdiction in which the Hotel is located, and Owner will cooperate as requested by Franchisor in such filing. Such filing will indicate that Franchisor’s rights in real estate under Section 17.4 of the Franchise Agreement and Section 5 of this Agreement will be subordinate only to the exercise of the rights of bona fide lenders under a mortgage or security deed secured by the Hotel, only if and for so long as: (i) the lender is not a Competitor or Affiliate of a Competitor; (ii) any such mortgage or security deed is and remains validly recorded and in full force and effect; and (iii) the indebtedness underlying such mortgage or security deed complies with the requirements of Section 7 hereof. Owner agrees that damages are not an adequate remedy if Owner breaches its obligations under this Section 5 and that Franchisor will be entitled to injunctive relief to prevent or remedy such breach without the necessity of proving the inadequacy of money damages as a remedy and without the necessity of posting a bond. If this Agreement is terminated and Owner’s rights under this Section 5 are no longer in effect, at the request of Owner or the transferee, Franchisor will deliver an instrument in recordable form to terminate any such recording of interest in real estate.
Real Estate Rights. (a) No use of Collocation Sites required or permitted under this Agreement shall create or vest in Xxxxxxxx any easements or other ownership or property rights of any nature in WinStar's real or personal property. WinStar shall construct and operate such space, and Xxxxxxxx shall cause its equipment to be installed and operated in accordance with WinStar's policies and telecommunications industry standards for similar collocation arrangements.
(b) Xxxxxxxx shall not make any construction changes or material alterations to the interior or exterior portions of the Collocation Site, including cabling or power supplies for the equipment, without obtaining WinStar's prior written approval. WinStar shall have the right to perform and manage any construction or material alterations within the Collocation Site and related areas at rates to be negotiated between the Parties hereto.
Real Estate Rights. Section 4.1 (i) of the CWI Disclosure Letter contains a list of each piece of real property owned, leased or occupied by CWI, including in each case the location thereof and a description of the use to which it is put by CWI. CWI has delivered to Intellicell a true and accurate copy of each deed, mortgage, lease, and other documents (collectively, the "CWI REAL ESTATE DOCUMENTS") pursuant to which CWI owns, leases, or otherwise occupies each of its real estate properties (collectively, the "CWI PROPERTIES"). CWI does not have any interest as owner, lessor, lessee, or otherwise in any real estate, other than as set forth in the CWI Disclosure Letter. CWI has not received notice from any mortgagee or landlord of any of the CWI Properties that CWI is in default of any terms, conditions, or provisions of any mortgage ("CWI MORTGAGE") or lease ("CWI LEASE") relating to any of the CWI Properties. The CWI Mortgages and CWI Leases are in good standing and, to the knowledge of CWI, no condition exists which, with the passage of time, giving of notice, or both, would lead to a default under any CWI Mortgage or CWI Lease.
Real Estate Rights. Borrower and each other Major Project Participant shall have obtained and shall hold all easements or other possessory rights in real estate, together with necessary real property permits and crossing rights (collectively, "Rights of Way") necessary for (a) performance in full of each such Person's obligations under the Operative Documents to which such Person is a party and each Permit to which such Person or its assets is bound by, and (b) the leasing, operation and maintenance of the Project in accordance with the Base Case Project Projections. The use of such Rights of Way shall not encroach on or interfere in any manner that may be unpermitted or may violate the rights of third parties with property adjacent to such Rights of Way or existing easements or other rights (whether on, above or below ground) and the full length of the Rights of Way shall be continuous, without break, gap or interruption.
Real Estate Rights. Each Project Company shall have obtained and shall hold all leasehold or other possessory rights in real estate, together with necessary real property Permits and access rights necessary for (a) performance in full of each such Project Company's obligations under the Credit Documents and Major Project Documents to which such Project Company is a party, and (b) the leasing, ownership and operation of the Projects in accordance with the Projections; in each case except to the extent that any such missing leases, possessory rights, real property Permits or access rights do not violate the Real Property Standard.
Real Estate Rights. Section 4.3(j) of the Intellicell Disclosure Letter contains a list of each piece of real property owned, leased or occupied by Intellicell and its Subsidiaries. Intellicell has delivered to CWI a true and accurate copy of each deed, mortgage, lease, and other documents (collectively, the "INTELLICELL REAL ESTATE DOCUMENTS") pursuant to which Intellicell owns, leases, or otherwise occupies each of its properties (the "INTELLICELL PROPERTIES"). Neither Intellicell nor any of its Subsidiaries has any interest as owner, lessor, lessee, or otherwise in any real estate other than as set forth in Section 4.3(j) of the Intellicell Disclosure Letter. Intellicell has not received notice from any mortgagee or landlord of any of the Intellicell Properties that Intellicell or any of its Subsidiaries is in default of any terms, conditions, or provisions of any mortgage ("INTELLICELL MORTGAGE") or lease ("INTELLICELL LEASE") relating to any of the Intellicell Properties. The Intellicell Mortgages and Intellicell Leases are in good standing and, to the knowledge of Intellicell, no condition exists which, with the passage of time, giving of notice, or both, would lead to a default under any Intellicell Mortgage or Intellicell Lease.
Real Estate Rights. Except as disclosed on Exhibit G-9, each Borrower Party and each other Major Project Participant shall have obtained and shall hold all fee interests, leasehold interests, easements or other possessory rights in real estate, together with necessary real property permits and crossing rights (collectively, "Rights of Way") necessary for (a) performance in full of each such Person's obligations under the Operative Documents to which such Person is a party and each Permit to which such Person or its assets is bound by, and (b) the development, leasing, construction and operation of the Projects in accordance with the Base Case Project Projections. The use of such Rights of Way shall not encroach on or interfere with property adjacent to such Rights of Way or existing easements or other rights (whether on, above or below ground), except for Permitted Liens, and the full length of the Rights of Way shall be continuous, without break, gap or interruption.
Real Estate Rights. 14 (k) Title to Properties................................................................ 14 (l) Condition of Assets and Properties................................................. 14 (m) Litigation......................................................................... 14 (n) Intellectual Property.............................................................. 14 (o) Consents and Approvals; No Violation............................................... 15 (p) Taxes.............................................................................. 15 (q) Accounts Receivable................................................................ 15 (r) Contracts.......................................................................... 15 (s) Compliance with Law and Other Regulations.......................................... 16 (t)
