Title Report. If no Additional Mortgage Policy is required with respect to such Additional Mortgaged Property, a title report issued by the Title Company with respect thereto, dated not more than 30 days prior to the date such Additional Mortgage is to be recorded and satisfactory in form and substance to Administrative Agent;
Title Report. Buyer has ordered commitments for title insurance (the "COMMITMENTS") covering both (a) the fee interest of ENCURC in the ENCURC Land and the leasehold interest of ENCURC in the Kxxx Land and (b) the leasehold interest of Seller in the ENCURC Leasehold Estate, from Commonwealth Land Title Insurance Company (which company, in its capacity as title insurer hereunder, is herein called the "TITLE COMPANY"). In addition, Seller has ordered (and upon receipt shall deliver to Buyer) an update of that certain survey of the Property dated February, 1994 prepared by Gxxxxxx & Associates, Inc. which survey shall be certified to Buyer and Title Company ("SURVEY"). If Buyer shall deliver the "Approval Notice" on or before the end of the "Due Diligence Period" (as such terms are hereinafter defined), Buyer shall be deemed to have approved the exceptions to title shown on the Commitments and the matters disclosed on the Survey. Approval by Buyer of any additional exceptions to title or survey matters disclosed after the end of the Due Diligence Period shall be a condition precedent to Buyer's obligation to purchase the Property (and to obtain the other rights contemplated herein), Buyer hereby agreeing that its approval of such additional exceptions to title or survey matters shall not be unreasonably withheld. Unless Buyer gives written notice that it disapproves any such additional exceptions to title or survey matters, stating the exceptions so disapproved, on or before the sooner to occur of 10 days after receipt of written notice thereof or the Closing Date, Buyer shall be deemed to have approved said exceptions. If, for any reason, on or before the Closing Date, Seller does not cause any exceptions to title or survey matters which Buyer disapproves (to the extent Buyer is permitted hereunder to so disapprove) either to be removed or to obtain a title endorsement (if available) reasonably satisfactory to Buyer insuring over such disapproved matter on or before the Closing Date at no cost or expense to Buyer (Seller having the right but not the obligation to do so), the obligation of Seller to sell, and Buyer to buy, the Property (and to transfer the other rights contemplated herein) as herein provided shall terminate (and Seller and Buyer shall have no further obligations in connection herewith). Buyer shall have the option to waive the condition precedent set forth in this Paragraph 5A(1) by notice to Seller. In the event of such waiver, such condition shall be dee...
Title Report. (a) As of the date of this Agreement, the Buyer has delivered to Sellers a notice with respect to the Properties specifying all title exceptions set forth in the applicable title commitment, matters disclosed in the survey or objections to building code or zoning violations set forth in any zoning report or otherwise that constitute (i) Material Title Exceptions, (ii) Voluntary Title Exceptions, or (iii) Monetary Title Exceptions.
(b) With respect to a Property, to the extent of any updates to the applicable title commitment, survey or zoning report that are made following the date of this Agreement, the Buyer shall give notice to Seller specifying all title exceptions set forth in such updated title commitment, matters disclosed in the updated survey or objections to building code or zoning violations set forth in any updated zoning report or otherwise (i) which the Buyer claims are not Permitted Exceptions and (i) to which the Buyer objects, not less than fifteen (15) Business Days prior to the Closing Date (each such notice provided pursuant to Section 8.2(a) or this Section 8.2(b), an “Objection Notice”).
Title Report. Sponsor shall provide a current title report for the real property on which the Project is located. If Sponsor’s interest in the property is leasehold, then Sponsor shall provide a current title report for the leasehold interest and the fee interest.
Title Report. (a) Purchaser acknowledges receipt from the Title Company of a current title insurance report for the Property (the “Title Report”), together with copies of the title exceptions listed thereon. All (i) exceptions to title set forth in the Title Report and/or matters revealed by the Existing Survey, (ii) matters which are the obligations of Schwab under the Schwab Lease, (iii) documents and agreements contemplated by this Agreement to be recorded against the Real Property on or prior to the Closing Date, including, without limitation, the CREA, the CRA and the Updated Deed Notice, and (iv) title exceptions caused or created (whether directly or indirectly) by Purchaser or any Licensee Parties will be referred to herein as “Permitted Exceptions. In no event shall any of the Permitted Exceptions constitute Title Defects (as hereinafter defined).
(b) All taxes, water rates or charges, sewer rents and special assessments, plus interest and penalties thereon, which on the Closing Date are due and payable and/or are liens against the Real Property and which the Property Owner is obligated to pay and discharge will be credited against the Purchase Price (subject to the provision for apportionment of taxes, water rates and sewer rents herein contained) and without the need for Purchaser to raise as a Title Defect.
(c) If on the Closing Date the Real Property shall be affected by any lien which, pursuant to the provisions of this Agreement, is required to be discharged or satisfied by Seller, Seller shall not be required to discharge or satisfy the same of record provided the money necessary to satisfy the lien is retained by the Title Company at Closing (with authority to pay in the event of enforcement of such lien), and the Title Company either omits the lien as an exception from the Title Policy or insures against collection thereof from or out of the Real Property and/or the Improvements, and a credit is given to Purchaser for the recording charges for a satisfaction or discharge of such lien. Seller shall have no obligation to remove any lien affecting the Real Property which is the obligation of Schwab to remove pursuant to the provisions of the Schwab Lease.
(d) No franchise, transfer, inheritance, income, corporate or other tax open, levied or imposed against Seller, the Property Owner or any former owner of the Property, that may be a lien against the Property on the Closing Date, shall be an objection to title if the Title Company insures against collecti...
Title Report. Seller shall order a title certification from a company routinely doing business at the Worcester County Registry of Deeds. Buyer to assume costs of said title.
Title Report. Buyer will obtain from a reputable title insurance company (the “Title Company”) a preliminary title report or title commitment for title insurance on the Hospital Campus Real Property (the “Title Report”), together with copies of all items shown as recorded exceptions to title therein, and will review and investigate any and all conditions and aspects of title to the Hospital Campus Real Property and obtain and review additional documentation relating to the ownership of the Hospital Campus Real Property including, without limitation, an “express map” of the Hospital Campus Real Property, obtained by Buyer at Buyer’s sole cost (collectively, the “Express Map”), and zoning reports prepared for the Hospital Campus Real Property by the Planning and Zoning Resource Corporation, one of its affiliated organizations or any other third-party providing zoning reports (the “Zoning Reports”).
Title Report. On or before three (3) business days after the Escrow Deposit Date (and in determining such three (3)-day period, the Escrow Deposit Date shall not be counted), Seller shall deliver to Purchaser a copy of a preliminary title report (the "Title Report") dated April 22, 2004, issued by Chicago Title Insurance Company (the "Title Company"), and relating to the Real Property, and a copy of the instruments listed in the Title Report as exceptions to the title of the Real Property (the "Underlying Documents").
Title Report. CITY is required to sign this Development Agreement only after OWNER has provided CITY with a satisfactory preliminary title report evidencing and showing OWNER’s legal and equitable ownership interest in the Property, current within six (6) months, unencumbered except for the exceptions (hereinafter the “Permitted Exceptions”) set in the preliminary title report for the Property dated May 24, 2007, attached hereto as Exhibit “F” (the "Preliminary Title Report"). Any instrument of monetary encumbrance such as a deed of trust or a mortgage entered into subsequent to the date of the Preliminary Title Report and prior to the Development Agreement Date, shall contain language expressly subordinating such instruments of monetary encumbrance to the provisions of this Development Agreement. OWNER shall present evidence, satisfactory to CITY, of OWNER’s legal title to Property, subject only to the Permitted Exceptions and any such subordinated instruments of monetary encumbrance, at the time of recordation of this Agreement, or a memorandum thereof.
Title Report. Seller has delivered to Buyer a commitment for title insurance ("TITLE COMMITMENT") covering the Property from Chicago Title Insurance Company (which company, in its capacity as title insurer hereunder, is herein called the "TITLE COMPANY"), together with copies of all exceptions to title referenced therein. In addition, Seller has delivered to Buyer updates of certain surveys of the Property prepared by Pxxxxxx & Company, (collectively the "SURVEY"), which Survey shall be recertified to Buyer. If Buyer shall fail to deliver written notice ("TITLE OBJECTION NOTICE") setting forth those title and survey matters to which Buyer objects on or before the end of the "Due Diligence Period" (as hereinafter defined), Buyer shall be deemed to have approved the exceptions to title shown on the Title Commitment and the matters disclosed on the Survey. Approval by Buyer of any additional exceptions to title or survey matters disclosed subsequent to the date of the Title Commitment shall be a condition precedent to Buyer's obligation to purchase the Property. Unless Buyer gives written notice that it disapproves any such additional exceptions to title or survey matters, stating the exceptions so disapproved, on or before the sooner to occur of five (5) business days after receipt of written notice thereof or the Closing Date, Buyer shall be deemed to have approved said additional title exceptions or survey matters.
