Real Property Mortgage Sample Clauses

Real Property Mortgage. The Issuer will use its commercially reasonable efforts to complete or cause to be completed on or prior to the Issue Date all filings and other similar actions required or desirable on its part in connection with the creation, perfection, protection and/or reaffirmation of such security interests in favor of the Notes and the Note Guarantees. In the case of real property constituting Mortgaged Property, the Issuer shall deliver to the Collateral Agent, within 270 days after the Issue Date (or such longer period as the Collateral Agent may agree in its sole discretion): (a) counterparts of amended or amended and restated mortgages securing the Obligations with respect to the Notes and the Note Guarantees, duly executed and delivered by the Grantor that is the record owner of each applicable Mortgaged Property and the Collateral Agent and otherwise suitable for recording and in form and substance sufficient to grant to the Collateral Agent for the benefit of the Senior-Priority Non-ABL Secured Parties a valid mortgage lien on such real property; (b) title searches confirming that there are no Liens of record in violation of the applicable mortgage; (c) modification and date down endorsements to the existing title insurance policies; provided, however, with respect to the Mortgaged Properties located in Texas, a title search and T-38 endorsement, to the extent available, and, with respect to Mortgaged Properties in New Mexico, a title search and a modification endorsement; and (d) local counsel opinions, and any other documents reasonably requested by the Collateral Agent in respect of the amended or amended and restated mortgages.
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Real Property Mortgage. The Issuer will complete or cause to be completed on or within five (5) Business Days following the Issue Date all filings and other similar actions required or desirable on its part in connection with the creation and perfection of such security interests in favor of the Notes and the Note Guarantees. In the case of real property constituting Mortgaged Property, (i) the Issuer shall deliver to the Trustee, within 90 days after the Issue Date, an Officer’s Certificate certifying (a) that the security interests in all of the Collateral have been perfected other than with respect to the Mortgaged Property, (b) the percentage of aggregate fair market value of the Mortgaged Property with respect to which mortgages have been duly executed and delivered to the Junior-Priority Collateral Agent and (c) the steps that have been initiated for purposes of executing and delivering mortgages to the Junior-Priority Collateral Agent with respect to the remainder of the Mortgaged Property, (ii) the Issuer shall deliver to the Trustee, within 180 days after the Issue Date, an Officer’s Certificate certifying that mortgages with respect to at least 90% in aggregate fair market value of the Mortgaged Property have been duly executed and delivered to the Junior-Priority Collateral Agent and (iii) the Issuer shall deliver to the Junior-Priority Collateral Agent within 180 days of the Issue Date (as may be extended with respect to up to 10% in aggregate fair market value of the Mortgaged Property as the Issuer determines is reasonably necessary to deliver using commercially reasonable efforts) (a) mortgages securing the Obligations with respect to the Notes and the Note Guarantees, duly executed and delivered by the Grantor that is the record owner of each applicable Mortgaged Property and otherwise suitable for recording and in form and substance sufficient to grant to the Junior-Priority Collateral Agent for the benefit of the Junior-Priority Secured Parties a valid mortgage lien on such real property, (b) title insurance policies, together with customary endorsements, insuring the mortgages to be valid and subsisting liens on the applicable Mortgaged Property described therein, free and clear of all defects, excepting only Permitted Liens and other Liens permitted by this Indenture, and (c) local counsel opinions, and any other documents reasonably requested by the Junior-Priority Collateral Agent in respect of the mortgages; provided, however, such documents will be substan...
Sample 1Sample 2
Real Property Mortgage. The Issuer will use its commercially reasonable efforts to complete or cause to be completed on or prior to the Issue Date all filings and other similar actions required or desirable on its part in connection with the creation, perfection, protection and/or reaffirmation of such security interests in favor of the Notes and the Note Guarantees. In the case of real property constituting Mortgaged Property immediately prior to the Issue Date, the Issuer shall deliver to the Collateral Agent within 270 days of the Issue Date (or such longer period as the Collateral Agent may agree in its sole discretion) (i) counterparts of amended or amended and restated mortgages securing the Obligations with respect to the Notes and the Note Guarantees, duly executed and delivered by the Collateral Agent and the Grantor that is the record owner of each applicable Mortgaged Property and otherwise suitable for recording and in form and substance sufficient to grant to the Collateral Agent for the benefit of the Secured Parties a valid mortgage lien on such real property, (ii) title searches confirming that there are no Liens of record in violation of the applicable mortgage, (iii) modification and date down endorsements to the existing title insurance policies, or new policies, to the extent such endorsements are not available and (iv) local counsel opinions, and any other documents reasonably requested by the Collateral Agent in respect of the amended or amended and restated mortgages (including flood determinations and flood insurance required by Regulation H).
Sample 1
Real Property Mortgage. As security of the payment of principal, accrued interest and all other Obligations under this Agreement, Borrower shall execute the form Mortgage previously presented by ICM, granting a first priority security interest in to ICM in and to all of Borrowers right, title and interest in the Real Property including the Facility being constructed thereon and all present and future improvements and fixtures attached thereto. Such Mortgage shall be subject only to the following prior Mortgages: i) from Borrower in favor of Xxxxxxx X. Xxxxxx, Xx. and Xxxxx Xxxxxx, husband and wife, and the Xxxxxxx X. Xxxxxx and Xxxxx Xxxx Xxxxxx Living Trust, dated August 30, 2005, in the original amount of Nine Hundred Fifty-Five Thousand Dollars ($955,000.00), dated September 28, 2006, recorded in Liber 816 at Page 1447, covering certain real property identified as Parcel 1 on Exhibit “A” to the Mortgage to be executed concurrent with the execution of this Agreement and ii) from Borrower in favor of Xxxxx X. Xxxx and Xxxxxx X. Xxxx as Trustees of the Xxxx Living Trust, dated December 9, 1994, in the original amount of One Hundred Forty-Eight Thousand Two Hundred-Thirty Dollars ($148,230.00), dated November 16, 2006, recorded in Liber 818 at Page 1485, covering certain real property identified as Parcel 4 on Exhibit “A” to the Mortgage to be executed concurrent with this Agreement.
Sample 1
Real Property Mortgage. Nord Pacific consents to Nord Australex entering into the Real Property Mortgage. 5 PAYMENT OF SECURED MONEY
Sample 1
Real Property Mortgage. If by September 30, 2000 the Company shall not have completed the sale of its Engineered Products Division for cash in an amount not less than $150 million and satisfied the other requirements of Section 2.1 of the Third Amendment to the Credit Agreement, as soon as practicable after September 30, 2000, (a) execute and deliver a first priority mortgage (other than with respect to Liens permitted by subsection 14.3 of this Agreement) to secure the Obligations in form and substance satisfactory to the Documentation Agent in favor of the Documentation Agent, for the benefit of the Lenders, covering each parcel of real property then owned in fee by the Company or its Subsidiary Guarantors, which are Domestic Subsidiaries, having a fair market value in excess of $1,000,000, (b) provide the Lenders with title reports covering such interest in real property, in form and substance reasonably satisfactory to the Documentation Agent, (c) use reasonable best efforts to obtain any consents or estoppels reasonably deemed necessary or advisable by the Documentation Agent in connection with such mortgage or deed of trust, in form and substance reasonably satisfactory to the Documentation Agent and (d) if requested by the Documentation Agent, deliver to the Documentation Agent legal opinions relating to the matters described above, which opinions shall be in form and substance, and from counsel, reasonably satisfactory to the Documentation Agent. The real property mortgages referred to in this subsection 13.10 shall secure the Obligations; provided that, if a tax shall be imposed on the recording of a mortgage referred to in this subsection, any such mortgage shall be limited to an amount equal to 100% of the fair market value of the applicable property."
Sample 1

Related to Real Property Mortgage

  • Property Mortgaged Borrower does hereby irrevocably mortgage, grant, bargain, sell, pledge, assign, warrant, transfer and convey to Lender, and grant a security interest to Lender in, the following property, rights, interests and estates now owned, or hereafter acquired by Borrower (collectively, the "Property"):

  • Ground Leases For purposes of this Exhibit C, a “Ground Lease” shall mean a lease creating a leasehold estate in real property where the fee owner as the ground lessor conveys for a term or terms of years its entire interest in the land and buildings and other improvements, if any, comprising the premises demised under such lease to the ground lessee (who may, in certain circumstances, own the building and improvements on the land), subject to the reversionary interest of the ground lessor as fee owner. With respect to any Mortgage Loan where the Mortgage Loan is secured by a Ground Leasehold estate in whole or in part, and the related Mortgage does not also encumber the related lessor’s fee interest in such Mortgaged Property, based upon the terms of the Ground Lease and any estoppel or other agreement received from the ground lessor in favor of Mortgage Loan Seller, its successors and assigns (collectively, the “Ground Lease and Related Documents”), Mortgage Loan Seller represents and warrants that:

  • Real Estate Leases The Company Disclosure Statement sets forth a list of (a) all leases and subleases under which the Company or the Subsidiaries is lessor or lessee of any real property together with all amendments, supplements, nondisturbance agreements and other agreements pertaining thereto; (b) all options held by the Company or the Subsidiaries or contractual obligations on the part of the Company or the Subsidiaries to purchase or acquire any interest in real property; and (c) all options granted by the Company or the Subsidiaries or contractual obligations on the part of the Company or the Subsidiaries to sell or dispose of any interest in real property. Except as set forth in the Company Disclosure Statement, as to such leases, subleases and other agreements referred to above, (i) there exists no breach or default, and no event has occurred which with notice or passage of time would constitute such a breach or default or permit termination, notification or acceleration, on the part of the Company or any Subsidiary, or on the part of any other party thereto, and (ii) as of the Effective Time, no material third party consent, approval or authorization shall be required for the consummation of the Merger. To the Company's knowledge, there are no Liens on any of the leasehold interests set forth on the Company Disclosure Statement hereof except for (i) Liens reflected in the balance sheet included in the Company's Form 10-K for the period ended December 31, 1996, (ii) Liens of record consisting of zoning or planning restrictions, easements, permits and other restrictions or limitations on the use of real property which do not materially detract from the value of, or materially impair the use of, such property by the Company or the Subsidiaries in the operation of their respective businesses, (iii) Liens for current Taxes (as defined in Section 3.22(a)), assessments or governmental charges or levies on property not yet delinquent or being contested in good faith and for which appropriate reserves have been established in accordance with GAAP (which contested levies are described on the Company Disclosure Statement), and (iv) Liens imposed by law, such as materialman's, mechanic's, carrier's, workers' and repairmen's Liens securing obligations not yet delinquent or being contested in good faith and for which appropriate reserves have been established in accordance with GAAP or securing obligations not being paid in the ordinary course of business in accordance with customary and commercially reasonable practice. (collectively, "Permitted Liens").

  • Real Property and Leases (a) The Company and each of its subsidiaries has sufficient title to all of its real properties and assets to conduct its businesses as currently conducted or as contemplated to be conducted.

  • Leasehold Mortgages In connection with the Redevelopment of the Property, Tenant may from time to time grant one or more mortgages, deeds of trust or other security interests in its leasehold estate under this Lease (a “Leasehold Mortgage”) and assign this Lease as security for such Leasehold Mortgage(s). Such Leasehold Mortgages and any foreclosure, sale or other realization proceeding pursuant to any Leasehold Mortgage granted by Tenant and any deed or assignment in lieu thereof (“Realization Proceedings”) shall not require the consent of Landlord and shall not be subject to the provisions of Section 13 hereof. No Leasehold Mortgage shall place or create any lien or encumbrance affecting Landlord’s interest in the Property or the Improvements. The holder of any Leasehold Mortgage (a “Leasehold Mortgagee”) hereunder shall provide Landlord with notice of such Leasehold Mortgage together with a true copy of such Leasehold Mortgage and the name and address of such Leasehold Mortgagee (“Leasehold Mortgagee Address”). Following receipt of such notice by Landlord, the provisions of this Section 14 shall apply in respect to such Leasehold Mortgage. Tenant shall promptly provide to Landlord copies of the note and other instruments secured by any Leasehold Mortgage and any and all amendments to any such instruments as may be made from time to time.

  • Real Property; Leasehold Neither the Company nor any of its Subsidiaries owns or has ever owned any real property. The Company has made available to Parent (a) an accurate and complete list of all real properties with respect to which the Company directly or indirectly holds a valid leasehold interest as well as any other real estate that is in the possession of or leased by the Company or any of its Subsidiaries, and (b) copies of all leases under which any such real property is possessed (the “Company Real Estate Leases”), each of which is in full force and effect, with no existing material default thereunder. The Company’s use and operation of each such leased property conforms to all applicable Laws in all material respects, and the Company has exclusive possession of each such leased property and has not granted any occupancy rights to tenants or licensees with respect to such leased property. In addition, each such leased property is free and clear of all Encumbrances other than Permitted Encumbrances.

  • Leasehold Properties In relation to those Properties which are leasehold:

  • Ground Lease Reserved.

  • Real Property Lease Except as set forth in Disclosure Schedule 1.1.(b), Seller has no leases of real property used or held for use in connection with the Business or the Purchased Assets.

  • Mortgaged Property The real property securing repayment of the debt evidenced by a Mortgage Note.

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