Common use of Real Property; Fixtures Clause in Contracts

Real Property; Fixtures. Each Grantor covenants and agrees that upon the acquisition of any fee interest in Real Property having a value in excess of $500,000, it will, subject to Section 5.11 and Section 5.12 of the Credit Agreement, promptly (and in any event within two (2) Business Days of acquisition) notify Agent of the acquisition of such Real Property and will grant to Agent, for the benefit of the Lender Group and the Bank Product Providers, a first priority Mortgage on each fee interest in Real Property now or hereafter owned by such Grantor and shall deliver such other documentation and opinions, in form and substance satisfactory to Agent, in connection with the grant of such Mortgage as Agent shall request in its Permitted Discretion, including title insurance policies, financing statements, fixture filings and environmental audits and such Grantor shall pay all recording costs, intangible taxes and other fees and costs (including reasonable attorneys fees and expenses) incurred in connection therewith. Each Grantor acknowledges and agrees that, to the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property;

Real Property; Fixtures. Each Grantor covenants and agrees that upon the acquisition of any fee interest in any Material Real Property having a value in excess of $500,000, Asset it will, subject to Section 5.11 and Section 5.12 of the Credit Agreement, will promptly (and in any event within two ninety days (2or such longer period as agreed to by Agent in writing in its reasonable discretion) Business Days of acquisition) notify Agent of the acquisition of such Real Property and will grant to Agent, for the benefit of the Lender Group and the Bank Product Providers, a first priority (subject only to Permitted Liens) Mortgage on each the fee interest in such Real Property now or hereafter owned by such Grantor and shall deliver such other documentation and opinions, in form and substance satisfactory to Agent, in connection with the grant of such Mortgage as Agent shall request in its Permitted Discretion, including title insurance policies, financing statements, fixture filings statements and environmental audits and such Grantor shall pay all recording costs, intangible taxes and other fees and costs (including reasonable attorneys attorneys’ fees and expenses) incurred by Agent in connection therewith. Each Grantor acknowledges and agrees that, to the extent permitted by applicable law, all of the Collateral (other than Real Property and fixtures) shall remain personal property regardless of the manner of its attachment or affixation to real property;.

Real Property; Fixtures. Each Grantor covenants and agrees that upon the acquisition of any fee interest in Real Property having a fair market value in excess of $500,000, 2,500,000 it will, subject to Section 5.11 and Section 5.12 of the Credit Agreement, will promptly (and in any event within two ten (210) Business Days of acquisition) notify Agent of the acquisition of such Real Property and will grant to Agent, for the benefit of the Lender Group and the Bank Product ProvidersGroup, a first second priority (subject to the Intercreditor Agreement) Mortgage on each fee interest in Real Property now or hereafter owned by such Grantor and shall deliver such other documentation and opinions, in form and substance satisfactory to Agent, in connection with the grant of such Mortgage as Agent or the Required Lenders shall request in its Permitted Discretiontheir respective reasonable discretion, including title insurance policies, financing statements, fixture filings and environmental audits and such Grantor shall pay all recording costs, intangible taxes and other fees and costs (including reasonable attorneys attorneys’ fees and expenses) incurred in connection therewith. Each Grantor acknowledges and agrees that, to the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property;

Real Property; Fixtures. Each Grantor covenants and agrees that upon the acquisition of any fee interest in Real Property having a value in excess of $500,000, it will, subject to Section 5.11 and Section 5.12 of the Credit Agreement, promptly (and in any event within two (2) Business Days of acquisition) notify Agent of the acquisition of such Real Property and will grant to Agent, for the benefit of the Lender Group and the Bank Product Providers, a first priority Mortgage on each fee interest in Real Property now or hereafter owned by such Grantor and shall deliver such other documentation and opinions, in form and substance satisfactory to Agent, in connection with the grant of such Mortgage as Agent shall request in its Permitted Discretion, including title insurance policies, financing statements, fixture filings and environmental audits and such Grantor shall pay all recording costs, intangible taxes and other fees and costs (including reasonable attorneys fees and expenses) incurred in connection therewith. Each Grantor acknowledges and agrees that, to the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property;; Confidential treatment is being requested for portions of this document. This copy of the document filed as an exhibit omits the confidential information subject to the confidentiality request. Omissions are designated by the symbol [***]. A complete version of this document has been filed separately with the Securities and Exchange Commission.

Real Property; Fixtures. Each Except to the extent not required by the Credit Agreement, each Grantor covenants and agrees that upon the acquisition of any fee interest in Real Property having with a fair market value in excess of $500,000, 500,000 it will, subject to Section 5.11 and Section 5.12 of the Credit Agreement, will promptly (and in any event within two five (25) Business Days of acquisition) notify Agent of the acquisition of such Real Property and will grant to Agent, for the benefit of the Lender Group and the Bank Product Providers, a first priority Mortgage on each fee interest in Real Property now or hereafter owned by such Grantor and shall deliver such other documentation and opinions, in form and substance satisfactory to Agent, in connection with the grant of such Mortgage as Agent shall request in its Permitted Discretion, including title insurance policies, financing statements, fixture filings and environmental audits and such Grantor shall pay all recording costs, intangible taxes and other fees and costs (including reasonable attorneys fees and expenses) incurred in connection therewith. Each Grantor acknowledges and agrees that, to the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property;

Real Property; Fixtures. Each Grantor covenants and agrees that upon the acquisition of any fee interest in Real Property having a fair market value in excess of $500,000, 250,000 it will, subject to Section 5.11 and Section 5.12 of the Credit Agreement, will promptly (and in any event within two ten (210) Business Days of acquisition) notify Agent of the acquisition of such Real Property and will grant to Agent, for the benefit of the Lender Group and the Bank Product Providers, a first priority Mortgage (subject to Permitted Liens) on each fee interest in Real Property with a value in excess of $250,000 now or hereafter owned by such Grantor and shall deliver such other documentation and opinions, in form and substance reasonably satisfactory to Agent, in connection with the grant of such Mortgage as Agent shall request in its Permitted Discretion, including title insurance policies, financing statements, and fixture filings and environmental audits and such Grantor shall pay all recording costs, intangible taxes and other costs and reasonable fees and costs (including expenses and reasonable attorneys fees and expensesfees) incurred in connection therewith. Each Grantor acknowledges and agrees that, to the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property;

Real Property; Fixtures. Each Grantor covenants and agrees that upon the acquisition of any fee interest in Real Property having a fair market value in excess of $500,000, 2,500,000 it will, subject to Section 5.11 and Section 5.12 of the Credit Agreement, will promptly (and in any event within two ten (210) Business Days of acquisition) notify Collateral Agent of the acquisition of such Real Property and will grant to Collateral Agent, for the benefit of the Lender Group and the Bank Product ProvidersGroup, a first priority (subject to the Intercreditor Agreement) Mortgage on each fee interest in Real Property now or hereafter owned by such Grantor and shall deliver such other documentation and opinions, in form and substance satisfactory to Collateral Agent, in connection with the grant of such Mortgage as Collateral Agent shall request in its Permitted Discretionreasonable discretion, including title insurance policies, financing statements, fixture filings and environmental audits and such Grantor shall pay all recording costs, intangible taxes and other fees and costs (including reasonable attorneys fees and expenses) incurred in connection therewith. Each Grantor acknowledges and agrees that, to the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property;

Real Property; Fixtures. Each Grantor covenants and agrees that upon the acquisition of any fee interest in Real Property having with a fair market value in excess of $500,000, it will, subject to Section 5.11 and Section 5.12 of the Credit Agreement, will promptly (and in any event within two (2) 5 Business Days of acquisition) notify Agent of the acquisition of such Real Property and will grant to Agent, for the benefit of the Lender Group and the Bank Product Providers, a first priority Mortgage on each fee interest in Real Property now or hereafter owned by such Grantor and shall deliver such other documentation and opinions, in form and substance satisfactory to AgentAgent in its Permitted Discretion, in connection with the grant of such Mortgage as Agent shall request in its Permitted Discretion, including including, without limitation, title insurance policies, financing statements, fixture filings and environmental audits and such Grantor shall pay all recording costs, intangible taxes and other fees and costs (including reasonable attorneys fees and expenses) incurred in connection therewith. Each Such Grantor acknowledges and agrees that, to the extent permitted by applicable law, all of the its Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property;Real Property.

Real Property; Fixtures. Each Grantor covenants and agrees that upon the acquisition of any fee interest in Real Property having with a value Current Value in excess of $500,000, 100,000 it will, subject to Section 5.11 and Section 5.12 of the Credit Agreement, will promptly (and in any event within two (2) 5 Business Days of acquisition) notify Agent of the acquisition of such Real Property and, at the request of Agent in its sole and absolute discretion, (A) it will grant to Agent, for the benefit of the Lender Group and the Bank Product ProvidersPurchaser Group, a first priority Mortgage (subject to Permitted Liens) on each fee interest in Real Property now or hereafter owned by such Grantor and shall deliver such other documentation and opinions, in form and substance satisfactory to AgentAgent in its sole and absolute discretion, in connection with the grant of such Mortgage as Agent shall request in its Permitted Discretionrequest, including title insurance policies, financing statements, fixture filings and environmental audits and such Grantor (B) it shall pay all recording costs, intangible taxes and other fees and costs (including reasonable attorneys attorneys’ fees and expenses) incurred in connection therewith. Each Grantor acknowledges and agrees that, to the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property;.

Real Property; Fixtures. Each Grantor covenants and agrees that upon the acquisition of any fee interest in Real Property having a value in excess of $500,000, it will, subject to Section 5.11 and Section 5.12 of the Credit Agreement, will promptly (and in any event within two (2) 2 Business Days of acquisition) notify Agent of the acquisition of such Real Property and and, with respect to any such Real Property with a fair market value in excess of $500,000, will grant to Agent, for the benefit of the Lender Group and the Bank Product Hedge Agreement Providers, a first priority Mortgage on each such fee interest in Real Property now or hereafter owned by such Grantor and shall deliver such other documentation and opinions, in form and substance satisfactory to Agent, in connection with the grant of such Mortgage as Agent shall request in its Permitted Discretion, including title insurance policies, financing statements, fixture filings and environmental audits and such Grantor shall pay all recording costs, intangible taxes and other fees and costs (including reasonable attorneys fees and expenses) incurred in connection therewith. Each Grantor acknowledges and agrees that, to the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property;

Real Property; Fixtures. Each Grantor covenants and agrees that upon the acquisition of any fee interest in Real Property having with a value Current Value in excess of $500,000, 100,000 it will, subject to Section 5.11 and Section 5.12 of the Credit Agreement, will promptly (and in any event within two (2) 5 Business Days of acquisition) notify Agent of the acquisition of such Real Property and, at the request of Agent in its sole and absolute discretion, (A) it will grant to Agent, for the benefit of the Lender Group and the Bank Product ProvidersPurchaser Group, a first priority Mortgage (subject to Permitted Liens) on each such fee interest in Real Property now or hereafter owned by such Grantor and shall deliver such other documentation and opinions, in form and substance satisfactory to AgentAgent in its sole and absolute discretion, in connection with the grant of such Mortgage as Agent shall request in its Permitted Discretionrequest, including title insurance policies, financing statements, fixture filings and environmental audits and such Grantor (B) it shall pay all recording costs, intangible taxes and other fees and costs (including reasonable attorneys attorneys’ fees and expenses) incurred in connection therewith. Each Grantor acknowledges and agrees that, to the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property;.

Real Property; Fixtures. Each Grantor covenants and agrees that upon the acquisition of any fee interest in Real Property having with a value Current Value in excess of $500,000, 100,000 it will, subject to Section 5.11 and Section 5.12 of the Credit Agreement, will promptly (and in any event within two (2) 5 Business Days of acquisition) notify Administrative Agent of the acquisition of such Real Property and, at the request of Administrative Agent in its sole and absolute discretion, (A) it will grant to Administrative Agent, for the benefit of the Lender Group and the Bank Product ProvidersGroup, a first priority Mortgage (subject to Permitted Liens) on each such fee interest in Real Property now or hereafter owned by such Grantor and shall deliver such other documentation and opinions, in form and substance satisfactory to AgentAdministrative Agent in its sole and absolute discretion, in connection with the grant of such Mortgage as Administrative Agent shall request in its Permitted Discretionrequest, including title insurance policies, financing statements, fixture filings and environmental audits and such Grantor (B) it shall pay all recording costs, intangible taxes and other fees and costs (including reasonable attorneys attorneys’ fees and expenses) incurred in connection therewith. Each Grantor acknowledges and agrees that, to the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property;.

Real Property; Fixtures. Each Grantor covenants and agrees that upon the acquisition of any fee interest in Real Property having a value in excess of $500,000, it will, subject to Section 5.11 and Section 5.12 of the Credit Agreement, will promptly (and in any event within two (2) 5 Business Days of acquisition) notify Agent of the acquisition of such Real Property and and, to the extent required by SECTION 5.12 of the Credit Agreement, will grant to Agent, for the benefit of the Lender Group and the Bank Product Providers, a first priority Mortgage on each fee interest in Real Property now or hereafter owned by such Grantor and shall deliver such other documentation and opinions, in form and substance satisfactory to Agent, in connection with the grant of such Mortgage as Agent shall request in its Permitted Discretion, including title insurance policies, financing statements, fixture filings and environmental audits and such Grantor shall pay all recording costs, intangible taxes and other fees and costs (including reasonable attorneys fees and expenses) incurred in connection therewith. Each Grantor acknowledges and agrees that, to the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property;

Real Property; Fixtures. Each Grantor covenants and agrees that upon the acquisition of any fee interest in Real Property having a value in excess of $500,000, 500,000 it will, subject to Section 5.11 and Section 5.12 of the Credit Agreement, will promptly (and in any event within two five (25) Business Days of acquisition) notify Agent of the acquisition of such Real Property and will will, upon written request by Agent, grant to Agent, for the benefit of the Lender Group and the Bank Product Providers, a first priority Mortgage (subject to Permitted Liens) on each fee interest in Real Property now or hereafter owned by such Grantor and shall deliver such other documentation and opinions, in form and substance reasonably satisfactory to Agent, in connection with the grant of such Mortgage as Agent shall request in its Permitted Discretion, including title insurance policies, financing statements, fixture filings and environmental audits and such Grantor shall pay all recording costs, intangible taxes and other fees and costs (including reasonable attorneys fees and expenses) incurred in connection therewith. Each Grantor acknowledges and agrees that, to the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property;

Real Property; Fixtures. Each Grantor covenants and agrees that upon the acquisition of any fee interest in Real Property having a fair market value in excess of $500,000, 500,000 it will, subject to Section 5.11 and Section 5.12 of the Credit Agreement, will promptly (and in any event within two (2) Business Days of acquisition) notify Agent of the acquisition of such Real Property and will grant to Agent, for the benefit of the Lender Group and the Bank Product Providers, a first priority Mortgage on each fee interest in Real Property now or hereafter owned by such Grantor (subject to Permitted Liens) and shall deliver such other documentation and opinions, in form and substance satisfactory to Agent, in connection with the grant of such Mortgage as Agent shall request in its Permitted Discretion, including title insurance policies, financing statements, fixture filings and environmental audits and such Grantor shall pay all recording costs, intangible taxes and other fees and costs (including reasonable attorneys fees and expenses) incurred in connection therewith. Each Grantor acknowledges and agrees that, to the extent permitted by applicable law, all of the Collateral shall remain personal property regardless of the manner of its attachment or affixation to real property;