REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE MORTGAGOR. The Mortgagor agrees, covenants, represents and warrants as follows:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE MORTGAGOR. In addition to the MORTGAGE COVENANTS, the Mortgagor represents, warrants, covenants, and agrees with the Mortgagee as follows:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE MORTGAGOR. 3 SECTION 2.1 Payment and Performance Obligations............................................. 3 SECTION 2.2 Organization; Authority; Enforceability......................................... 3 SECTION 2.3 Citizenship..................................................................... 3 SECTION 2.4 Ownership of Vessels; Warranty and Defense of Title............................. 3 SECTION 2.5 Perfection...................................................................... 4
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE MORTGAGOR. Section 3.01. Corporate Status of Mortgagor........................... 6 Section 3.02. Outstanding Liens....................................... 6 Section 3.03.
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE MORTGAGOR. Section 3.01 Title 9 Section 3.02 Compliance with Law 11 Section 3.03 No Litigation 11 Section 3.04 Taxes Paid 11 Section 3.05 Condition of Improvements 11 Section 3.06 Options 11 Section 3.07 Credit Agreement 11 Section 3.08 Payment of Taxes, Liens and Charges 12 Section 3.09 Payment of Closing Costs 13 Section 3.10 Alterations and Waste; Plans; Use 13 Section 3.11 Insurance 13 Section 3.12 Casualty; Restoration of Casualty Damage 15 Section 3.13 Condemnation/Eminent Domain 15 Section 3.14 Assignment of Leases and Rents 15 Section 3.15 Restrictions on Transfers and Encumbrances 17 Section 3.16 Security Agreement 18 Section 3.17 Filing and Recording 18 Section 3.18 Further Assurances 18 Section 3.19 Additions to Encumbered Property 19 Section 3.20 No Claims Against the Mortgagee 19 Section 3.21 Intentionally Omitted 19 Section 3.22 Maintenance of Encumbered Property 19
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE MORTGAGOR. In order to induce the Mortgagee and the holders of the Notes to enter into the Indenture and to induce the holders of the Notes to purchase their Notes thereunder, the Mortgagor represents and warrants to the Mortgagee and the holders of the Notes and covenants with the Mortgagee and the holders of the Notes that:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE MORTGAGOR. The Mortgagor represents and warrants to and covenants with the Mortgagee, as follows:
Section 2.01. The Mortgagor will pay or cause to be stayed or discharged within sixty (60) days after they shall be payable, or will make adequate provisions for the satisfaction or discharge of, all lawful claims and demands of mechanics, laborers and materialmen which, if unpaid, might be a lien or charge upon the Property (or any part thereof), or the income therefrom.
Section 2.02. If any action or proceeding is commenced to which the Mortgagee is made a party, or in which it becomes necessary to defend or uphold the lien of this Mortgage, all sums paid by the Mortgagee for the expense of any litigation to prosecute or defend the rights and lien created by this Mortgage (including reasonable counsel fees), shall be paid by the Mortgagor, together with interest thereon at the default rate set forth in the Note (10 percent (10%) per annum) (hereinafter the “Default Rate”) such interest to be due from the date Mortgagee provides Mortgagor in writing an invoice of such expenses, and any such sum and the interest thereon shall be a lien on the Property, prior to any right, or title to, interest in, or claim upon the Property attaching or accruing subsequent to the lien of this Mortgage and shall be deemed to be secured by this Mortgage. In any action or proceeding to foreclose this Mortgage, or to recover or collect the debt secured hereby, the provisions of law respecting the recovery of costs, disbursements and allowances shall prevail unaffected by this covenant.
(a) The Mortgagor, at its sole cost and expense, shall obtain and keep in full force and effect policies of insurance as the Mortgagee shall from time to time reasonably require, including, without limitation, the following:
(i) Insurance against loss or damage to any of the Property by fire and any of the risks covered by insurance commonly known as “fire and extended coverage,” by earthquake and by flood;
(ii) Comprehensive public liability insurance, including, without limitation, coverage against claims for personal injury, bodily injury, death or property damage occurring on, in or about the Property and the adjoining streets, sidewalks and passageways; and
(iii) Workers’ compensation insurance for all persons engaged on or with respect to the Property in such amounts as are established by law and to the extent required by law.
(b) Mortgagor shall reimburse Mortgagee for any premiums or other costs associ...
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE MORTGAGOR. The Mortgagor represents, warrants, covenants and agrees with Mortgagee as follows:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE MORTGAGOR. In addition to the MORTGAGE COVENANTS, the Mortgagor further represents, warrants, covenants and agrees with the Mortgagee, its successors and assigns, as follows:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE MORTGAGOR. In order to induce the Mortgagee to make the Loan provided for in the Loan Agreement and for Mortgagee to accept this Mortgage as collateral security for the payment of its obligations contained in the Loan Agreement, the Mortgagor represents and warrants to the Mortgagee and covenants with the Mortgagee that:
