Title, Legal Status and Authority. (a) Owner is seised of the Land (as defined in the Instrument) and the Improvements (as defined in the Instrument) in fee simple and has good and marketable title to its Individual Property, free and clear of all liens, charges, encumbrances and security interests, except the applicable matters for such Individual Property as listed in Exhibits C-1 through C-16 attached hereto (the “Permitted Encumbrances”); (b) Owner will forever warrant and defend its title to its Individual Property and the validity, enforceability, and priority of the lien and security interest created by the Instrument and the other Documents against the claims of all persons; (c) each Owner is a limited liability company and each Operator is a corporation, each duly organized, validly existing, and in good standing and qualified to transact business under the laws of its state of organization or incorporation (the “Organization State”) and qualified to do business and in good standing in each of the states where any portion of its Individual Property is located (each, a “Property State”); (d) Owner has all necessary approvals, governmental and otherwise, and full power and authority to own its properties (including its Individual Property) and carry on its business; and (e) Operator has all necessary approvals, governmental and otherwise, and full power and authority to own its properties, to operate the Individual Property and to carry on its business.
Appears in 1 contract
Title, Legal Status and Authority. (a) Owner is seised of the Land (as defined in the Instrument) and the Improvements (as defined in the Instrument) in fee simple and has good and marketable title to its Individual Property, free and clear of all liens, charges, encumbrances and security interests, except the applicable matters for such Individual Property as listed in Exhibits C-1 through C-16 C-5 attached hereto (the “Permitted Encumbrances”); (b) Owner will forever warrant and defend its title to its Individual Property and the validity, enforceability, and priority of the lien and security interest created by the Instrument and the other Documents against the claims of all persons; (c) each Owner is a limited liability company and each Operator is a corporation, each duly organized, validly existing, and in good standing and qualified to transact business under the laws of its state of organization or incorporation (the “Organization State”) and qualified to do business and in good standing in each of the states where any portion of its Individual Property is located (each, a “Property State”); (d) Owner has all necessary approvals, governmental and otherwise, and full power and authority to own its properties (including its Individual Property) and carry on its business; and (e) Operator has all necessary approvals, governmental and otherwise, and full power and authority to own its properties, to operate the Individual Property and to carry on its business.
Appears in 1 contract
Title, Legal Status and Authority. (a) Owner is seised of the Land (as defined in the Instrument) and the Improvements (as defined in the Instrument) in fee simple and has good and marketable title to its Individual Property, free and clear of all liens, charges, encumbrances and security interests, except the applicable matters for such Individual Property as listed in Exhibits C-1 through C-16 C-12 attached hereto (the “Permitted Encumbrances”); (b) Owner will forever warrant and defend its title to its Individual Property and the validity, enforceability, and priority of the lien and security interest created by the Instrument and the other Documents against the claims of all persons; (c) each Owner is a limited liability company and each Operator is a corporation, each duly organized, validly existing, and in good standing and qualified to transact business under the laws of its state of organization or incorporation (the “Organization State”) and qualified to do business and in good standing in each of the states where any portion of its Individual Property is located (each, a “Property State”); (d) Owner has all necessary approvals, governmental and otherwise, and full power and authority to own its properties (including its Individual Property) and carry on its business; and (e) Operator has all necessary approvals, governmental and otherwise, and full power and authority to own its properties, to operate the Individual Property and to carry on its business.
Appears in 1 contract
Title, Legal Status and Authority. (a) Owner is seised of the Land (as defined in the Instrument) and the Improvements (as defined in the Instrument) in fee simple and has good and marketable title to its Individual Property, free and clear of all liens, charges, encumbrances and security interests, except the applicable matters for such Individual Property as listed in Exhibits C-1 through C-16 C-17 attached hereto (the “Permitted Encumbrances”); (b) Owner will forever warrant and defend its title to its Individual Property and the validity, enforceability, and priority of the lien and security interest created by the Instrument and the other Documents against the claims of all persons; (c) each Owner is a limited liability company and each Operator is a corporation, each duly organized, validly existing, and in good standing and qualified to transact business under the laws of its state of organization or incorporation (the “Organization State”) and qualified to do business and in good standing in each of the states where any portion of its Individual Property is located (each, a “Property State”); (d) Owner has all necessary approvals, governmental and otherwise, and full power and authority to own its properties (including its Individual Property) and carry on its business; and (e) Operator has all necessary approvals, governmental and otherwise, and full power and authority to own its properties, to operate the Individual Property and to carry on its business.
Appears in 1 contract