Common use of Title, Legal Status and Authority Clause in Contracts

Title, Legal Status and Authority. Borrower (i) is seised of the Land and Improvements, and good and marketable fee title, to the Property, free and clear of all liens, charges, encumbrances, and security interests, except the matters listed in Exhibit C attached hereto (“Permitted Encumbrances”); (ii) will forever warrant and defend its title to the Property and the validity, enforceability, and priority of the lien and security interest created by this Instrument against the claims of all persons; (iii) is a limited partnership duly organized, validly existing, and in good standing and qualified to transact business under the laws of its state of organization or incorporation (“Organization State”) and the state where the Property is located (“Property State”); and (iv) has all necessary approvals, governmental and otherwise, and full power and authority to own its properties (including the Property) and carry on its business.

Appears in 3 contracts

Samples: Trust, Security Agreement (CNL Hotels & Resorts, Inc.), Trust, Security Agreement and Fixture Filing (CNL Hotels & Resorts, Inc.), Multi State Mortgage and Security Agreement (CNL Hotels & Resorts, Inc.)

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Title, Legal Status and Authority. Borrower (i) is seised of the Land and Improvements, Improvements in fee simple and has good and marketable fee title, title to the Property, free and clear of all liens, charges, encumbrances, and security interests, except the matters listed in Exhibit C attached hereto (“Permitted Encumbrances”); (ii) will forever warrant and defend its title to the Property and the validity, enforceability, and priority of the lien and security interest created by this Instrument against the claims of all persons, subject, however, to the Permitted Encumbrances; (iii) is a limited partnership duly organizedorganized or formed, validly existing, and in good standing and qualified to transact business under the laws of its state of organization or incorporation (“Organization State”) and the state where the Property is located (“Property State”); and (iv) has all necessary approvals, governmental and otherwise, and full power and authority to own its properties (including the Property) and carry on its business.

Appears in 1 contract

Samples: Trust and Security Agreement (Hines Real Estate Investment Trust Inc)

Title, Legal Status and Authority. Borrower (i) to Borrower’s knowledge, is seised of the Land and Improvements, and good and marketable fee title, title to the PropertyLand and the Improvements, free and clear of all liens, charges, encumbrances, and security interests, except the matters listed in Exhibit C attached hereto (“Permitted Encumbrances”); (ii) will forever warrant and defend its title to the Property and the validity, enforceability, and priority of the lien and security interest created by this Instrument against the claims of all persons; (iii) is a limited partnership liability company duly organized, validly existing, and in good standing and qualified to transact business under the laws of its state of organization or incorporation (“Organization State”) and the state where the Property is located (“Property State”); and (iv) has all necessary approvals, governmental and otherwise, and full power and authority to own its properties (including the Property) and carry on its business.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing

Title, Legal Status and Authority. Borrower (i) is seised seized of the Land and Improvements, Improvements in fee simple and has good and marketable fee title, title to the Property (other than the Lessee Personal Property), free and clear of all liens, charges, encumbrances, and security interests, except the matters listed in Exhibit C attached hereto (“Permitted Encumbrances”); (ii) will forever warrant and defend its title to the Property and the validity, enforceability, and priority of the lien and security interest created by this Instrument against the claims of all persons; (iii) is a limited partnership duly organized, validly existing, and in good standing and qualified to transact business under the laws of its state of organization or incorporation (“Organization State”) and the state where the Property is located (“Property State”"PROPERTY STATE"); and (iv) has all necessary approvals, governmental and otherwise, and full power and authority to own its properties (including the Property) and carry on its business.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture Filing (Felcor Lodging Trust Inc)

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Title, Legal Status and Authority. Borrower (i) is seised of the Land and Improvements, Improvements in fee simple and has good and marketable fee title, title to the each Individual Property, free and clear of all liens, charges, encumbrances, and security interests, except the matters listed respective Permitted Encumbrances (as such term is defined in Exhibit C attached hereto (“Permitted Encumbrances”each Instrument); (ii) will forever warrant and defend its title to the Property and the validity, enforceability, and priority of the lien and security interest created by this Instrument against the claims of all persons; (iii) is a limited partnership liability company duly organized, validly existing, and in good standing and qualified to transact business under the laws of its state of organization or incorporation (“Organization State”) and the state where the each Individual Property is located (“Property State”)located; and (iv) has all necessary approvals, governmental and otherwise, and full power and authority to own its properties (including the Property) and carry on its business.

Appears in 1 contract

Samples: Loan Agreement (FelCor Lodging Trust Inc)

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