Title to the Land. ONTARIO represents and warrants that ONTARIO’s title to the Assets is good and marketable and on the Closing shall be free and clear of any lien, claim or encumbrance, except the following (the “Permitted Exceptions”):
(a) Liens for taxes and mortgages acknowledged by FOX on the Assets not yet due and payable or which are being contested in good faith;
(b) Any items listed in the Title Commitment or any amendment or update to the Title Commitment to which FOX does not timely deliver to ONTARIO a Notice of Objection pursuant to Section 3.9.5.
Title to the Land.
10.1 The Local Authority will procure that the Local Authority’s solicitor provides a Title Letter in respect of the Site to Homes England in accordance with paragraph 1.4 of Schedule 4 to this Agreement
Title to the Land. The title to the Land must be satisfactory in all respects to Lender, and Title must have agreed to provide the Commitment for Title Insurance and agreed to insure Lender in accordance with a title insurance policy and endorsements satisfactory in all respects to Lender.
Title to the Land. (a) At the Closing, the Company will own the Land free and clear of liens and encumbrances (including free of any interest of the Prior Lessee as a result of the termination of any lease agreement with the Prior Lessee), except for the items disclosed in that certain Preliminary Title Report issued by Western Nevada Title Company, dated as of January 21, 2015, and those items created or caused by Buyer (collectively, the “Permitted Exceptions”).
(b) To the best of Seller’s knowledge, the Company is not in violation of any applicable zoning ordinance or other law of similar type or nature, regulation or requirement relating to the operation of the Property, and Seller has not received any notice of any such violation, or the existence of any condemnation proceeding with respect to the Property, except, in each case, with respect to violations the potential consequences of which do not or will not have a Material Adverse Effect.
Title to the Land. Except as acknowledged in a writing signed by the Buyer, MDP represents and warrants that MDP’s title to the Land is good and marketable and on the Closing shall be free and clear of any lien, claim or encumbrance, except the following (the “Permitted Exceptions”):
(a) Liens for taxes and mortgages acknowledged by Buyer on the Assets not yet due and payable or which are being contested in good faith.
Title to the Land. Except as may be more fully set forth on Schedule B(2) of the Title Commitment (as defined in Section 5.3 herein), Seller owns good and marketable title to the Land, and at Closing the Land will be free and clear of any lien, mortgage, charge, restriction, pledge, security interest, option, lease, claim, easement, encroachment or encumbrance ("Lien"), no person has an option to purchase the Land, and except as set forth on Schedule 4.1(g):
(i) no person has any interest in the Land;
(ii) The Land is, and at all times during operation of the Business has been, fully licensed, permitted and authorized for the operation of the Business under all Applicable Laws relating to the protection of the environment and the conduct of the Business thereon (including, without limitation, all zoning restrictions and land use requirements).
(iii) To the best of Seller's and each Member's knowledge, neither Seller, any Member nor the Land now is or ever has been involved in any litigation or administrative proceeding seeking to impose fines, penalties or other liabilities or seeking injunctive relief for violation of any Applicable Laws relating to the environment.
(iv) To the best of Seller's and each Member's knowledge, there have been no spills, leaks, deposits or other releases of Hazardous Materials into or onto the Land.
(v) Except as set forth on Schedule 4.1(g), the Land does not contain any underground or above-ground storage tanks or transformers containing Hazardous Materials, petroleum products or wastes or other hazardous substances regulated by 40 CFR 280 or other Applicable Laws. All above and below ground tanks currently in use on the Land are being used and maintained in accordance with all Applicable Laws.
Title to the Land. Lessee covenants that the title to the Land is and will remain in Lessee, subject to the rights of Lessor hereunder and under the Site Lease.
Title to the Land and Improvements shall be good and marketable fee simple title, subject only to the Permitted Exceptions, and insurable at standard rates in an amount equal to the Purchase Price.
Title to the Land. Borrower holds full legal and equitable title to the Land, subject only to title exceptions set forth in the Title Insurance accepted by Lender in Lender’s sole discretion.
Title to the Land. Ground Lessor owns title to the Land in fee simple, subject only to Permitted Liens. The Ground Lease is in form and substance sufficient to convey a valid leasehold estate to Ground Lessee, subject only to Permitted Liens. Ground Lessee will at all times during the Construction Period and the Lease Term have good and marketable title to a valid leasehold estate in the Land, and Lessor will at all times during the Construction Period and the Lease Term have good and marketable title to a valid sublease hold estate in the Land and in fee simple to all Improvements located on the Land, in each case subject only to Permitted Liens. Ground Lessor will at all times during the Lease Term have marketable title in fee simple to the Land subject only to Permitted Liens.
