Real Property Covenants. The Borrowers shall cause the Real Property, including, without limitation, all buildings, improvements, parking facilities, sidewalks, storm drainage systems, roofs, plumbing systems, HVAC systems, fire protection systems, electrical systems, equipment, elevators, exterior sidings and doors, landscaping, irrigation systems and all structural components, to be in good condition, order and repair in all material respects and to otherwise be operated, serviced, maintained and repaired in accordance and compliance with the terms and conditions of all insurance policies maintained with respect to the Real Property at any time and all requirements of any Governmental Authority having jurisdiction over the Real Property.
Real Property Covenants. With respect to the Real Property: (a) Borrower shall, at its expense, at any time or times as Lender may request on or after an Event of Default has occurred and is continuing, deliver or cause to be delivered to Lender written reports or appraisals as to the Real Property in form, scope and methodology acceptable to Lender and by an appraiser acceptable to Lender; (b) Borrower shall keep the Real Property in good order, repair and marketable condition (ordinary wear and tear excepted);
Real Property Covenants. With respect to the Real Property: (a) upon Agent's request on or after an Event of Default, deliver or cause to be delivered to Agent written appraisals as to the Real Property in form, scope and methodology acceptable to Agent and by an appraiser acceptable to Agent, addressed to Agent and upon which Agent is expressly permitted to rely; (b) Borrower shall use the Real Property with all reasonable care and caution and in accordance with applicable standards of any insurance and in all material respects in conformity with all applicable laws; and (c) as between Agent and Lenders on the one hand, and Borrower on the other hand, Borrower assumes all responsibility and liability arising from the use of the Real Property.
Real Property Covenants. If requested by Administrative Agent, Borrower shall obtain and deliver at its sole cost and expense, with respect to each Mortgaged Property, the following:
(i) an environmental site assessment with respect to the presence, if any, of Hazardous Materials on the Mortgaged Property;
(ii) an Appraisal of the Mortgaged Property;
(iii) any seismic reports on the Mortgaged Property;
(iv) evidence indicating compliance with applicable zoning requirements;
(v) a property condition report; and
(vi) copies of each material property agreement, together with such consents and estoppel certificates with respect to such material property agreements as Administrative Agent may reasonably require.
Real Property Covenants. During the Interim Period, Seller, Shareholder and any entities which either controls will refrain from violating or allowing any third party to violate any Laws with respect to Seller or the Rockwell Quarry.
Real Property Covenants. The Agreement may be terminated by Buyer as provided for in Sections 5.3, 5.9(a)(ii), 5.9(b)(i), 5.9(b)(ii) or 5.9(c)(ii).
Real Property Covenants. During the Interim Period, each member of the KMC Group will refrain from:
(a) performing any grading or excavation, construction, or removal of or from KMC Group's Realty, or making any other material change or improvement upon or about the KMC Group's Realty, without the consent of Buyer, other than those required to bring the same into compliance with applicable laws, rules or regulations, or as specifically provided herein;
(b) committing or allowing any third party to commit any waste or nuisance upon the KMC Group's Realty; and
(c) violating or allowing any third party to violate any Environmental Laws with respect to the KMC Group's Realty.
(d) violating or defaulting under any lease to which it is a party or amending or changing any such lease or accepting any prepayments of rent under any such lease.
Real Property Covenants. With respect to the Eligible Real Property: (a) Borrowers and Guarantors shall, at their expense, no more than one (1) time in any twelve (12) month period, and in addition, at any other time or times as any Co-Collateral Agent may request on or after the occurrence and during the continuance of an Event of Default or at any time Excess Availability is less than $100,000,000, deliver or cause to be delivered to Co-Collateral Agents (upon any Co-Collateral Agent’s request) written appraisals as to the Eligible Real Property in form, scope and methodology reasonably acceptable to the Co-Collateral Agents and by an appraiser reasonably acceptable to Agent, addressed to Agent for the benefit of Lenders and upon which Agent and the Lenders are expressly permitted to rely; (b) each Borrower and Guarantor shall use the Eligible Real Property with all reasonable care and caution and in accordance with applicable standards of any insurance and in conformity with all applicable laws; and (c) each Borrower and Guarantor shall assume all responsibility and liability arising from the use of the Eligible Real Property.
Real Property Covenants. With respect to the Eligible Real Property: (a) upon the Collateral Monitoring Agent's request, each Borrower and Guarantor shall, at their expense, no more than one (1) time in any twelve (12) month period, but at any time or times as the Collateral Monitoring Agent may request on or after an Event of Default, deliver or case to be delivered to Agent written appraisals as to the Eligible Real Property in form, scope and methodology acceptable to the Collateral Monitoring Agent and by an appraiser acceptable to the Collateral Monitoring Agent, addressed to the Agents and the Lenders and upon which the Agents and the Lenders are expressly permitted to rely; (b) each Borrower and Guarantor shall use the Eligible Real Property with all reasonable care and caution and in accordance with applicable standards of any insurance and in conformity with all applicable laws; and (c) each Borrower and Guarantor shall assume all responsibility and liability arising from the use of the Eligible Real Property.
Real Property Covenants. During the Interim Period, each Company will refrain from:
(a) performing any grading or excavation, construction, or removal of or from its real estate, or making any other material change or improvement upon or about its real estate, without the consent of Buyer, other than those required to bring the same into compliance with applicable laws, rules or regulations, or as specifically provided herein;
(b) committing or allowing any third party to commit any waste or nuisance upon its real estate; and
(c) violating or allowing any third party to violate any Environmental Laws with respect to its real estate. The Companies and Shareholders will not agree to any actions by the Joint Venture Companies which are described in subparagraph (a) through (c) above, which if taken by them would cause them to be in violation of said subparagraphs and the Companies and Shareholders will use their reasonable best efforts to prevent each Joint Venture Company from taking any actions or failing to take any actions which would violate said subparagraphs as if each Joint Venture Company was bound thereby in the same manner as the Companies are bound thereby.
