Common use of Title to the Properties Clause in Contracts

Title to the Properties. Each Individual Borrower will warrant and defend (a) the title to its Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien of the Mortgage on each Individual Property, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses) incurred by Lender if an interest in its Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland Real Estate Income Trust, Inc.)

AutoNDA by SimpleDocs

Title to the Properties. Each Individual Borrower will warrant and defend (ai) the title to its Individual each Property and every part thereof, subject only to Liens permitted hereunder under the Loan Documents (including Permitted Encumbrances) ), and (bii) the validity and priority of the Lien of the Mortgage on each Individual PropertyMortgage, subject only to Liens permitted hereunder under the Loan Documents (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and expensescourt costs) incurred by Lender if an interest in its Individual any Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)

Title to the Properties. Each Individual Borrower will Borrowers shall warrant and defend (a) the their title to its Individual Property the Properties and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) Encumbrances and (b) the validity and priority of the Lien Liens of the Mortgage Mortgages, the Assignments of Leases and this Agreement on each Individual Propertythe Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower Borrowers shall reimburse Lender for any out-of-pocket losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in its Individual any Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Samples: Loan Agreement (Generation Income Properties, Inc.), Loan Agreement (Generation Income Properties, Inc.)

Title to the Properties. Each Individual Borrower will shall warrant and defend (a) the title to its each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien Liens of the Mortgage Mortgages on each Individual Propertythe Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in its any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 2 contracts

Samples: Loan Agreement (MGM Growth Properties Operating Partnership LP), Loan Agreement (Hilton Worldwide Holdings Inc.)

Title to the Properties. Each Individual Borrower will warrant and defend (a) the title to its each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien Liens of the Mortgage on each Individual Propertyand the Assignment of Leases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in its any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Sabre Corp)

Title to the Properties. Each Individual Borrower will warrant and defend (a) the fee title to its each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien Liens of the Mortgage on each Individual PropertySecurity Instruments and Assignment of Leases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses) incurred by Lender if an interest in its any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Global Net Lease, Inc.)

Title to the Properties. Each Individual Borrower will shall warrant and defend (a) the title to its each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien Liens of the Mortgage Mortgages on each Individual Propertythe Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender Xxxxxx if an interest in its any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (VICI Properties L.P.)

AutoNDA by SimpleDocs

Title to the Properties. Each Individual Borrower will warrant and defend (ai) the title to its Individual Property the Properties and every part thereof, subject only to Liens permitted hereunder under the Loan Documents (including Permitted Encumbrances) ), and (bii) the validity and priority of the Lien of the Mortgage on each Individual PropertyMortgages, subject only to Liens permitted hereunder under the Loan Documents (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys' fees and expensescourt costs) incurred by Lender if an interest in its Individual any Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Uniprop Manufactured Housing Communities Income Fund)

Title to the Properties. Each Individual Borrower will and Operating Lessee shall warrant and defend (a) the title to its each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien Liens of the Mortgage Mortgages on each Individual Propertythe Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in its any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (BRE Select Hotels Corp)

Title to the Properties. Each Individual Borrower will warrant and defend (a) the title to its Individual the Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien of the Mortgage Mortgages on each Individual Propertythe Properties, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses) incurred by Lender if an interest in its any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Sun Communities Inc)

Title to the Properties. Each Individual Borrower will warrant and defend (a) the title to its each Individual Property and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances) and (b) the validity and priority of the Lien of the Mortgage on each Individual PropertySecurity Instrument and the Assignment of Leases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Each Individual Borrower shall reimburse Lender for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expensescourt costs) incurred by Lender if an interest in its any Individual Property, other than as permitted hereunder, is claimed by another Person.

Appears in 1 contract

Samples: Loan Agreement (Thomas Properties Group Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!