Title to Hotel. Owner covenants that, as of the Effective Date, Land Owner is the fee owner of the Hotel and will, on request, provide evidence thereof to the reasonable satisfaction of Operator.
Title to Hotel. Lessee covenants that, as of the date hereof, it has either good and marketable fee title to, or a valid and subsisting leasehold estate in, the Land. Lessee further covenants that, subject to the terms and conditions of this Article IX, throughout the term of this Agreement it shall maintain full ownership in such fee interest or leasehold estate in the Premises, and good title to the FF&E and the Operating Equipment.
Title to Hotel. The following is added to Section 18.2 of the Management Agreement as follows: “Owner covenants that, as of November 10, 2021, it has, pursuant to the Hotel Lease, a valid and subsisting leasehold interest in the Land and the Hotel. Owner shall cause the Lessor to enter into an Owner Agreement in a form acceptable to Manager (the “Owner Agreement”). Owner further covenants that, subject to the terms and conditions of this Agreement, throughout the Term of this Agreement it shall maintain full ownership in such leasehold interest in the Hotel and good title to or valid leasehold interests in the FF&E and the Operating Equipment owned or leased by it.”
Title to Hotel. Owner covenants and agrees that it has, and that throughout the term of this Agreement it shall maintain, full ownership of the Premises and the building on which the Hotel is operated (the “Building”) and the appurtenances thereof (or if Owner’s right and interest in the Premises or the Building and appurtenances is derived through a lease or other agreement, then Owner agrees to keep and maintain said lease or other agreement in full force and effect throughout the term of the Agreement) and full ownership of the furniture and equipment, as well as operating equipment and operating supplies, used in the operation of the Hotel or added thereto during the Term, free and clear of all liens and encumbrances except those which do not materially affect the operation of the Hotel by Operator. Owner covenants that Operator, upon fulfilling its obligations hereunder, shall and may peaceably and quietly manage, and operate the Hotel during the Operating Term, in accordance with the terms and conditions hereof, and Owner will at its own expense undertake and prosecute and appropriate action, judicial or otherwise, to assure such peaceful and quiet possession by Operator. Owner further agrees that throughout the term of this Agreement it will pay, keep, observe, and perform all payments, terms, covenants, conditions and obligations required under any lease or other agreement or security instrument in respect of the Premises, the Building and appurtenances thereof or the furniture and equipment, operating equipment and operating supplies, used in connection with the operation of the Hotel or added thereto during the Term.
Title to Hotel. Owner covenants that, as of the Effective Date, it has, pursuant to the Hotel Lease, a valid and subsisting leasehold interest in the Land and the Hotel, and it shall continue to have such valid and subsisting leasehold interest in and to the Land and Hotel. Owner shall cause the Lessor to enter into an Owner Agreement in the form attached hereto as EXHIBIT D (the “Owner Agreement”). Owner further covenants that, subject to the terms and conditions of this ARTICLE VII and the Owner Agreement, it shall maintain throughout the Term full ownership in such leasehold interest and the right to utilize the FF&E and the Operating Equipment. Owner shall ensure that Manager is able to peaceably and quietly operate the Hotel free from molestation, eviction and disturbance by Owner or by any other person or persons claiming by, through or under Owner.
Title to Hotel. Owner covenants that, as of the date hereof, it has either good and marketable fee title to, or a valid and subsisting leasehold estate in, the Land, and that it will continue to have good and marketable fee simple title or a valid and subsisting leasehold estate in and to the Hotel. Owner further covenants that, subject to the terms and conditions of this Article IX, throughout the Term of this Agreement it shall maintain full ownership in such fee interest or leasehold estate in and to the Hotel, and good title to the FF&E and the Operating Equipment.
Title to Hotel. Owner will maintain the Hotel and its contents free and clear of all liens and encumbrances except (i) those which do not materially affect (in Operator’s reasonable discretion) operation of the Hotel, (ii) mortgages or other security agreements covering the Hotel and/or its contents which are in existence or under commitment at the date of this Agreement, and (iii) mortgages or other security agreements covering the Hotel and/or its contents pursuant to refinancing of the Hotel and/or its contents by Owner. Subject to the terms and conditions of any mortgages or other security agreements, Operator shall and may peacefully and quietly manage the operation of the Hotel in the name and for the account of Owner during the term of this Agreement and Owner will at its own expense undertake and prosecute any appropriate action, judicial or otherwise, to protect such rights of Operator, except as to any action arising out of or in connection with to the former management of the Hotel by Buckhead Hotel Management Company and/or Bryanston Group, Inc., which shall be the responsibility of Operator. Throughout the Term, Owner will make all payments, and will keep, observe and perform all of the terms, covenants, conditions and obligations to be make, kept, observed or performed by Owner under any mortgage, other security agreements, capital lease and other agreement, in respect of the Hotel, except with respect to items as are delegated to Operator under this Agreement.
Title to Hotel. Owner covenants that, as of the date hereof, it has a valid and subsisting ownership or leasehold interest in the Premises. Owner further covenants that, subject to the terms and conditions of this Article IX, throughout the Term of this Agreement, it shall maintain such ownership or leasehold interest in the Premises, and good title to (or leasehold interest in) the FF&E and the Operating Equipment.
Title to Hotel. 2.1. Owner agrees that, subject to the provisions of Paragraph 2.3 below, it now has and will hold for the Term of this Agreement, full title to the Hotel.
2.2. Leasee will, at its expense, make all reasonable efforts, including litigation if necessary, to enable Operator to peaceably perform its management, consulting and marketing services consistent with the terms of this Agreement.
2.3. Nothing in this Paragraph 2 contained shall be deemed to derogate from or restrict the free and unfettered rights of Owner :
2.3.1. to sell, transfer or otherwise dispose of its rights and interests in and to the Property and/or the Hotel, subject to Operator's rights as specified in Paragraph 50.3 below; and
2.3.2. To charge, mortgage or otherwise encumber its rights and interests in and to the Property and/or the Hotel (in addition to those which are recorded and registered in favor of any party as at the date hereof and of which Operator has been made aware), provided that any such liens, encumbrances, exceptions, covenants, and charges do not materially or adversely affect the operation of the Hotel and/or Operator's rights and/or the ability of Operator to reasonably fulfill its obligations under this Agreement.
Title to Hotel
