Title Policy Endorsements. If required by Lender from time to time in connection with the approvals to be granted by Lender pursuant to the Loan Documents, Borrower shall provide such continuation endorsements, date down endorsements, survey endorsements and other endorsements to each Title Policy for each Qualified Project, in form and substance satisfactory to Lender, as Lender determines necessary to insure the priority of each said Deed of Trust as a valid first lien on the applicable Collateral, subject only to Permitted Exceptions. Borrower agrees to furnish to the Title Company such surveys and other documents and information as Lender or the Title Company may require for the Title Company to issue such endorsements. In the event that Borrower is not able to comply with the covenants set forth herein for a Qualified Project or portion thereof for a period of thirty (30) days following written notice from Lender (provided that if Borrower cannot reasonably cure such non-compliance within such thirty (30) day period, such thirty (30) day period shall be extended for a reasonable period not in excess of ninety (90) days from the date of Lender’s notice to cure such non-compliance provided that Borrower shall have commenced such cure within such thirty (30) day period and shall diligently thereafter proceed to effect such cure), then said Qualified Project (or portion thereof, as the case may be) shall cease to be a part of the Borrowing Base until Borrower shall so comply., then said Project shall cease to be a Qualified Project hereunder.
Title Policy Endorsements. If required by Lender, Borrower shall provide (i) such continuation endorsements and date down endorsements to the Title Policies, in form and substance satisfactory to Lender, as Lender determines necessary to insure the priority of the Deeds of Trust as valid first liens on the Collateral; or (ii) an unconditional and irrevocable written commitment by the Title Company to issue such endorsements. Borrower agrees to furnish to the Title Company such surveys and other documents and information as Lender or the Title Company may require for the Title Company to issue such endorsements.
Title Policy Endorsements. The Construction Agent shall have furnished to each Funding Party the following endorsements to the related Title Policy (each of which shall be subject to no exceptions other than those reasonably acceptable to the Agent): a date-down endorsement (redating and confirming the coverage provided under the Title Policy and each endorsement thereto) and a "Form 9" endorsement (if available in the applicable jurisdiction), in each case, effective as of a date not earlier than the date of completion of the Construction. The Construction Agent shall also deliver to the Agent true and complete copies of a certificate or certificates of occupancy for such Leased Property or other legally equivalent permission to occupy such Leased Property.
Title Policy Endorsements. If reasonably required by Lender from time to time in connection with the approvals to be granted by Lender pursuant to the Loan Documents, but in no event less frequently than quarterly, Borrower shall provide such continuation endorsements, date down endorsements, survey endorsements and other endorsements to Lender’s Title Policy for the Project, in form and substance satisfactory to Lender, as Lender reasonably determines necessary to insure the priority of the Deed of Trust as a valid first lien on the Collateral, subject only to Permitted Exceptions. Borrower agrees to furnish to the Title Company such surveys and other documents and information as Lender or the Title Company may reasonably require for the Title Company to issue such endorsements.
Title Policy Endorsements. The Lessee shall have furnished to the Lender the following endorsements to its Title Policy (each of which shall be subject to no exceptions other than those set forth in Schedule B to its Title Policy): (i) a date-down endorsement (redating and confirming the coverage provided under the Title Policy and each endorsement thereto) and (ii) a comprehensive endorsement, in each case, effective as of a date not earlier than the date of completion of the Construction.
Title Policy Endorsements. Borrower shall provide, or Lender shall be adequately assured, that the Title Insurer is committed at the time of the applicable Construction Credit Event to issue to Lender a form 122 or other endorsement to the Title Policy dated as of the date of such Construction Credit Event, confirming the continuing first priority Lien of the Deed of Trust on the Mortgaged Property, subject only to the Title Exceptions and Permitted Liens.
Title Policy Endorsements. The Borrower shall provide, or the Controlling Party shall be adequately assured, that the Title Insurer is committed at the time of each Borrowing of a Construction Loan to issue to the Collateral Agent a date-down endorsement of the Title Policy to the date of Borrowing of such Construction Loan, insuring the continuing first priority of the Mortgages, indicating that, since the immediately preceding Construction Loan Credit Event, there has been no change adverse to the Secured Parties in the state of title to any Mortgaged Properties and no Liens or survey exceptions not theretofore approved by the Controlling Party as provided herein have been filed against the Mortgaged Properties, which endorsements shall contain no exception for inchoate mechanic’s liens and shall have the effect of continuing the Title Policies to the date of the Lien waiver by the EPC Contractor under Section 4.02(f)(iii) above, and otherwise in form and substance reasonably satisfactory to the Controlling Party.
Title Policy Endorsements. As of the Restatement Effective Date, the Title Endorsements (or proforma commitment for the issuance thereof) consistent with the requirements of the Closing Instructions.
Title Policy Endorsements. Title Insurer shall have issued (or shall have irrevocably committed to issue) to Administrative Agent an endorsement to the Title Policy in the form of Exhibit R attached hereto, confirming that Title Insurer has searched the records of the recorder’s office for Monroe County, Ohio on the day prior to the then applicable Construction Credit Event, and no Liens are disclosed by the public records as encumbering the Real Property, except for Permitted Liens and any other Liens as are acceptable to Administrative Agent.
Title Policy Endorsements. Borrowers shall provide, or Administrative Agent shall be adequately assured, that the Title Insurer is committed at the time of each Construction Credit Event to issue to Administrative Agent, a date-down endorsement of the Title Policy dated as of the date of Borrowing of such Construction Credit Event, insuring the continuing first priority of the Mortgage (subject only to (a) the exceptions to title contained in the title policy delivered pursuant to Section 3.1.25, (b) Permitted Liens described in clause (a) or (b) of the definition thereof (to the extent the same are afforded priority over the Lien of the Mortgage by operation of law) and (c) any other exceptions to title as are reasonably acceptable to Administrative Agent) and otherwise in form and substance reasonably satisfactory to Administrative Agent.
