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); (c) Borrower shall use the Real Property in accordance with applicable requirements of any insurance and in conformity with all applicable laws, unless the failure to conform would not reasonably be expected singly or when aggregated with any other nonconformity to have a materially adverse effect on its business or undertaking or its ability to fulfil its obligations hereunder; (d) the Real Property is and shall be used in Borrower's business and not for personal, family, household or farming use; (e) Borrower shall defend its title to the Real Property against any adverse claims unless the failure to defend would not reasonably be expected, singly or when aggregated with any other failure to defend, to have a materially adverse effect on its business or undertaking or its ability to fulfil its obligations hereunder; (f) Borrower shall not surrender, quit claim or grant any easement, right-of-way or other right or servitude benefiting or burdening the Real Property without the prior consent of Lender, such consent not to be unreasonably withheld; and (g) Borrower assumes all responsibility and liability arising from the use and occupation of the Real Property."
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. If requested by Administrative Agent, Borrower shall obtain and deliver at its sole cost and expense, with respect to each Mortgaged Property, the following:
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. 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. (1) In connection with the Pre-Closing Reorganization, the Vendor and the Corporation will grant to each other a non-exclusive blanket easement (the “Access Easement”) which shall be registered over certain of the Real Properties and the Retained Lands as necessary in order to permit access to Mission Flats Road and the Trans-Canada Highway from the Real Properties and the Retained Lands on such terms and conditions as agreed to between the Vendor and the Purchaser, acting reasonably, including with respect to insurance, maintenance, usage restrictions and liability indemnification. The Access Easement shall include a covenant whereby the parties to the Access Easement agree to modify or replace the Access Easement with a new registered easement, as required, in order to permit the relocation of the road, a public road dedication, or the development of the Real Properties or the Retained Lands; provided, however, that the parties to the Access Easement shall retain substantially the same access rights as those set out in the Access Easement.
Real Property Covenants. (a) Driftwood LNG shall, and the Borrower shall cause Driftwood LNG to: (i) either (x) exercise the option to lease contained in the RTO Option Agreement, and execute the Ground Lease attached thereto as Exhibit A (with any changes thereof that are not materially adverse to the Lenders) (the “RTO Ground Lease”) or (y) deliver to the Collateral Agent a fully executed (except by the Collateral Agent) Consent to Assignment for the RTO Option Agreement, in each case no later than April 6, 2020; and (ii) within ten (10) Business Days after execution of the RTO Ground Lease or the Consent to Assignment with respect to the RTO Option Agreement, as applicable: (A) cause the Mortgage to be amended (if required by the title company that issued the Title Policy) to add the “Property” (as defined in the RTO Option Agreement) to Exhibit E of the Mortgage as after acquired property; and (B) cause the Title Policy issued in connection with the Mortgage to be amended by endorsement, or cause a new title policy to be issued in favor of the Collateral Agent (with a tie-in endorsement to the Title Policy, to the extent such is available), in form and substance consistent with the Title Policy and reasonably satisfactory to the Administrative Agent and the Collateral Agent, in each case to provide title insurance for such “Property” for the benefit of the Collateral Agent (acting for the benefit of the Secured Parties).
Real Property Covenants. (a) Leases. With regard to all Leases, Seller agrees as follows:
Real Property Covenants. (a) Notwithstanding anything to the contrary in the Agreement of Purchase and Sale and Joint Escrow Instructions and subject to the representations and warranties of the Acquired Company and Rivergate herein and therein, Buyer shall not be deemed to have voluntarily and knowingly waived its right to object to any information contained in any Property Documents identified in Exhibit H of the Agreement of Purchase and Sale and Joint Escrow Instructions (which Exhibit H may be modified from time to time prior to the execution Agreement of Purchase and Sale and Joint Escrow Instructions) if within five (5) Business Days after the later of (i) the date of this Agreement or (ii) Buyer’s or Buyer’s Guarantor’s receipt of such Property Documents, Buyer shall have notified the Acquired Company in writing as to whether it objects to any information contained in any such Property Documents; provided, however Buyer has reviewed Property Documents listed as items 1, 2, 3, 4, 6, 7, 8, 9 and 15 in Exhibit H, and except as set forth in Sections 8.5(b) and (c) below, Buyer voluntarily and knowingly waives its right to object to any information disclosed in such Property Documents subject to the representations and warranties of the Acquired Company and Rivergate set forth in this Agreement and the Agreement of Purchase and Sale and Joint Escrow Instructions. Additionally, Buyer does not require any action by Rivergate or the Acquired Company with respect to the parking discrepancy identified in the Buyer’s counsel’s letter dated October 9, 2006, addressed to the Acquired Company’s counsel.
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).
