Real Property Acquisitions. Acquire or lease any real property or other interest in real property (excluding the acquisition (but not the exercise) of any options to acquire any such interests in real property) other than the real property interests acquired prior to the Closing Date, unless Borrower shall have delivered to Administrative Agent a "Phase I" environmental report with respect to such real property and, if a "Phase II" environmental review is warranted (as reasonably determined by Administrative Agent upon its review of such "Phase I" environmental report), a "Phase II" environmental report, in each case, along with a corresponding reliance letter from the consultant issuing such report(s), confirming, in form and substance reasonably satisfactory to Administrative Agent, either that no Hazardous Substances were found in, on or under such real property of a nature or in concentrations that could reasonably be expected to impose on the Loan Parties a material environmental liability (other than Ormat Technologies or Sponsor).
Real Property Acquisitions. The Company shall not, and the Company shall not permit any of its Subsidiaries to, acquire or enter into any commitment to acquire any additional Real Property; provided, however, that, subject to the provisions of Section -------- ------- ------- 4.18, the Company and its Subsidiaries may acquire the following Real Property: ---- (a) any Real Property, so long as such Real Property is purchased at no more than its Appraised Value; and
Real Property Acquisitions. In the case of any Acquired Company, acquire title to any real property, whether through foreclosure or otherwise, except for the Xxxxxxxx Xxxxx Xxxxxx Xxxxxxx, Xxxxxxxx Xxxx, Xxxxxxxx through the foreclosure of Loan N. 00030549 to United States Fidelity and Guaranty Company.
Real Property Acquisitions. Within 90 days after close of any Fiscal Year (beginning after Fiscal Year 1997), deliver to the Agent and each Bank copies of the environmental reports and other information relied upon by the Company or any Subsidiary in conducting its environmental due diligence with respect to the acquisition of any landfill or similar property by the Company or any Subsidiary during such Fiscal Year (it being understood that the report delivered for Fiscal Year 1997 shall include information for acquisitions made during December of 1996).
Real Property Acquisitions. The Borrower shall not purchase or otherwise acquire or lease any real property, it being understood and agreed that all such purchases and other acquisitions and leases that are otherwise permitted by the terms of this Agreement or the Credit Agreement shall be made or entered into by Realco; provided, that after good faith efforts by Realco (which shall not require any material expenditure of cash or the making of material concessions under the applicable agreement) to enter into such transaction, the Borrower may purchase or otherwise acquire, lease or license real property in circumstances in which the applicable landlord, seller or licensor is unwilling to enter into such transaction with Realco.
Real Property Acquisitions. Except in connection with a Permitted Acquisition with Non-Recourse Debt, the Loan Parties shall not acquire or lease any material real property or other interest in real property, unless (a) the Loan Parties shall have granted the Collateral Agent, for the benefit of the Secured Parties a First-Lien on such real property (as confirmed by customary title insurance and opinions of counsel) and (b) the Borrower shall have delivered to the Administrative Agent a "Phase I" environmental report with respect to such real property and, if a "Phase II" environmental review is warranted (as reasonably determined by the Administrative Agent upon its review of such "Phase I" environmental report), a "Phase II" environmental report, in each case, along with a corresponding reliance letter from the consultant issuing such report(s), confirming, in form and substance reasonably satisfactory to the Administrative Agent, either that no Hazardous Materials were found in, on or under such real property of a nature or concentrations that could reasonably be expected to impose on the Loan Parties an environmental liability in excess of $10,000,000.
Real Property Acquisitions. Concurrently with the acquisition by the Company or any of the Guarantors of any real estate or real property leasehold interests, the Company shall deliver or cause to be delivered to the Agent, with respect to such real estate, (A) a mortgage or deed of trust, as applicable, in form and substance acceptable to the Agent, executed by the title holder thereof, (B) an ALTA lender's title insurance policy issued by a title insurer reasonably satisfactory to the Agent in form and substance and in amounts reasonably acceptable to the Agent insuring the Agent's first priority Lien on such real estate, free and clear of all defects, encumbrances and Liens except Permitted Encumbrances or a xxxxxxx’x report with respect to leasehold interests, (C) a current ALTA survey, certified to the Collateral Agent by a licensed surveyor, in form and substance acceptable to the Agent (other than with respect to leasehold interests), (D) a certificate, in form and substance acceptable to the Agent, to the from a national certification agency acceptable to the Agent, certifying that such real estate is not located in a special flood hazard area (other than with respect to leasehold interests), and (E) in the case of real estate that consists of a leasehold estate, such estoppel letters, consents and waivers from the landlords and non-disturbance agreements from any holders of mortgages or deeds of trust on such real estate as may be requested by the Agent, all of which shall be in form and substance acceptable to the Agent.
Real Property Acquisitions. Borrower shall not acquire any Real Property from the CIC under the DDA without first complying with the provisions of Section 6.25 hereof.
Real Property Acquisitions. The Company and the Subsidiaries shall not, without the prior written consent of the Holders of a majority in outstanding principal amount of the Securities, acquire, on a consolidated basis during any calendar year, any real property or interest therein in excess of $200,000, other than real property acquired the Company or any Subsidiary upon foreclosure or by deed in lieu of foreclosure.
Real Property Acquisitions. Within thirty (30) days after any acquisition of a fee interest in real property, cause to be executed and delivered to the Administrative Agent (i) Mortgages (unless otherwise agreed by the Administrative Agent and the Required Lenders), (ii) an updated Schedule 8.1(r) together with title insurance policies, copies of title exceptions, flood surveys, property surveys, environmental assessments and any other related real property documentation, all in form and content reasonably acceptable to the Administrative Agent and (iii) an updated Schedule 7.1(h) in form and content reasonably acceptable to the Administrative Agent. Notwithstanding the foregoing, a fee interest in real property that is acquired by the Borrower or any of its Subsidiaries in connection with a Build-to-Suit Transaction permitted pursuant to Section 11.5(i) hereof, shall not be subject to this Section 9.11(c); provided, that (A) the Administrative Agent is given written notice of the Borrower's acquisition of such real property and the intent to engage in a Build-to-Suit Transaction with respect thereto within thirty (30) days of the acquisition of such real property and (B) the contemplated Build-to-Suit Transaction must be completed within ninety (90) days from the date of the acquisition of such real property; provided, further that if for any reason a contemplated Build-to-Suit Transaction fails to be completed, or it is determined after notice has been given that the subject real property will not be part of a Build-to-Suit Transaction, then the Borrower and/or the applicable Subsidiary covenant and agree that it will provide the Administrative Agent with the items set forth in the first sentence of this Section 9.11(c) within ninety (90) days from the date of the acquisition of such real property.
