Common use of Title to Assets and Permitted Liens Clause in Contracts

Title to Assets and Permitted Liens. (i) The Borrower has good and marketable title to all of the assets purported to be owned by it and possesses a valid leasehold interest in all assets which it purports to lease, in all cases free and clear of all Liens, other than Permitted Liens and no contracts or arrangements, conditional or unconditional, exist for the creation by the Borrower of any Lien, except for the IFC Security; (ii) the provisions of the Security Documents are effective to create, in favor of IFC, legal, valid and enforceable Liens on or in all of the assets covered by the IFC Security; provided that with respect to the Liens created pursuant to each of the Mortgage Agreement, the Asset Pledge Agreement and the Share Pledge Agreement, such Liens will only be enforceable vis-à-vis all third parties upon registration of such Security Document in the relevant public registry; and (iii) all recordings and filings have been made, or will be made no later than the applicable time required by the Financing Documents, in all public offices, all necessary consents obtained and all other action has been taken so that the Liens created by each Security Document constitute perfected Liens on the IFC Security with the priority specified in the Security Documents;

Appears in 2 contracts

Samples: Loan Agreement (Logistic Properties of the Americas), Loan Agreement (Logistic Properties of the Americas)

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Title to Assets and Permitted Liens. (i) The Borrower has good and marketable title to all of the assets purported to be owned by it it, including the Real Estate Properties, and possesses a valid leasehold interest in all assets which it purports to lease, in all cases free and clear of all Liens, other than Permitted Liens and no contracts or arrangements, conditional or unconditional, exist for the creation by the Borrower of any Lien, except for the IFC Security; ; (ii) the Borrower has good and marketable title to the Real Estate Properties, free and clear of all Liens, and no contracts or arrangements, conditional or unconditional, exist for the creation by the Borrower of any Lien, except for the Security; (iii) the provisions of the Security Documents are effective to create, in favor of IFCthe Finance Parties, legal, valid and enforceable Liens on or in all of the assets covered by the IFC Security; provided that with respect and (iv) except for the notices to the Liens created be delivered pursuant to each Section 3.1(a), (c) and (f) of the Mortgage Onshore Trust Agreement, the Asset Pledge Agreement and the Share Pledge Agreement, such Liens will only be enforceable vis-à-vis all third parties upon registration of such Security Document in the relevant public registry; and (iii) all recordings and filings have been made, or will be made no later than the applicable time required by the Financing Documents, in all public offices, all necessary consents have been obtained and all other action has been taken so that the Liens created by each Security Document constitute perfected Liens on the IFC Security with the priority specified in the Security Documents;.

Appears in 1 contract

Samples: Common Terms Agreement (Central Puerto S.A.)

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Title to Assets and Permitted Liens. (i) The Borrower has good and marketable title to all of the assets purported to be owned by it and possesses a valid leasehold interest in all assets which it purports to lease, in all cases free and clear of all Liens, other than Permitted Liens and no contracts or arrangements, conditional or unconditional, exist for the creation by the Borrower of any Lien, except for the IFC Security; ; (ii) the Borrower has good and marketable title to the Usufruct Right, free and clear of all Liens, other than the existing easement of electrical transmission as recorded on the property title, and no contracts or arrangements, conditional or unconditional, exist for the creation by the Borrower of any Lien, except for the Security; (iii) the provisions of the Security Documents are effective to create, in favor of IFCthe Finance Parties, legal, valid and enforceable Liens on or in all of the assets covered by the IFC Security; provided that with respect and (iv) except for the notices to the Liens created be delivered pursuant to each Section 3.1(a), (c) and (f) of the Mortgage Onshore Trust Agreement, the Asset Pledge Agreement and the Share Pledge Agreement, such Liens will only be enforceable vis-à-vis all third parties upon registration of such Security Document in the relevant public registry; and (iii) all recordings and filings have been made, or will be made no later than the applicable time required by the Financing Documents, in all public offices, all necessary consents have been obtained and all other action has been taken so that the Liens created by each Security Document constitute perfected Liens on the IFC Security with the priority specified in the Security Documents;.

Appears in 1 contract

Samples: Common Terms Agreement (Central Puerto S.A.)

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