Common use of UCC Certification Clause in Contracts

UCC Certification. A certification from a title insurance company, records search firm, or counsel satisfactory to the Agent that a search of the appropriate public records disclosed no conditional sales contracts, security agreements, chattel mortgages, leases of personalty, financing statements or title retention agreements which affect any property, rights or interests of the Borrower or such Subsidiary Guarantor that are or are intended to be subject to the security interest, security title, assignments, and mortgage liens created by the Security Documents or affecting the Eligible Real Estate or Eligible Note Receivable except to the extent that the same are discharged and removed prior to or simultaneously with the inclusion of the Equity Interests in the Collateral.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Gladstone Commercial Corp)

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UCC Certification. A certification from a title insurance companythe Title Insurance Company, records search firm, or counsel satisfactory to the Agent that a search of the appropriate public records disclosed no conditional sales contracts, security agreements, chattel mortgages, leases of personalty, financing statements or title retention agreements which affect any property, rights or interests of the Borrower or such Subsidiary Guarantor that are owning or are intended to be subject leasing such Real Estate (and, prior to the security interestinclusion of the first Borrowing Base Asset(s) in the Borrowing Base Availability, security title, assignments, of Borrower and mortgage liens created by the Security Documents or affecting the Eligible Real Estate or Eligible Note Receivable REIT) except to the extent that the same are discharged and removed prior to or simultaneously with the inclusion of the Equity Interests in the CollateralReal Estate as a Borrowing Base Asset.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (American Realty Capital Healthcare Trust II, Inc.)

UCC Certification. A certification from a title insurance companythe Title Insurance Company, records search firm, or counsel reasonably satisfactory to the Administrative Agent that a search of the appropriate public records disclosed no conditional sales contracts, security agreements, chattel mortgages, leases of personalty, financing statements or title retention agreements which affect any property, rights or interests of the Borrower or such Subsidiary Guarantor that are or are intended to be subject to the security interest, security title, assignments, and mortgage liens created by the Security Documents or affecting the Eligible relating to such Real Estate or Eligible Note Receivable except to the extent that the same are permitted under the terms of the Credit Agreement or are discharged and removed prior to or simultaneously simultaneous with the inclusion of the Equity Interests Real Estate in the Collateral.

Appears in 1 contract

Samples: Secured Credit Agreement (Rouse Properties, Inc.)

UCC Certification. A certification from a title insurance companythe Title Insurance Company, records search firm, or counsel satisfactory to the Administrative Agent that a search of the appropriate public records disclosed no conditional sales contracts, security agreements, chattel mortgages, leases of personalty, financing statements or title retention agreements which affect any property, rights or interests of the Borrower or such Subsidiary Guarantor any of Borrowers that are or are intended to be subject to the security interest, security title, assignments, and mortgage liens created by the Security Documents or affecting relating to such Collateral Property and such Villa Units and the Eligible Real Estate or Eligible Note Receivable OpCo Affiliates’ interest as lessee except to the extent that the same are discharged and removed prior to or simultaneously with the inclusion of the Equity Interests Villa Units in the Collateral.Collateral or any Liens otherwise approved by Administrative Agent’s Special Counsel in its review of the Title Policy covering such Real Estate. (o)

Appears in 1 contract

Samples: Management Agreement (American Healthcare REIT, Inc.)

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UCC Certification. A certification from a title insurance companythe Title Insurance Company, records search firm, or counsel satisfactory to the Administrative Agent that a search of the appropriate public records disclosed no conditional sales contracts, security agreements, chattel mortgages, leases of personalty, financing statements or title retention agreements which affect any property, rights or interests of the Borrower or such Subsidiary Guarantor that are or are intended to be subject to the security interest, liens, security title, assignments, and mortgage liens created by the Security Documents or affecting the Eligible relating to such Real Estate or Eligible Note Receivable Asset except to the extent that the same are discharged and removed prior to or simultaneously with the inclusion of the Equity Interests Real Estate Asset (including for the purposes hereof pursuant to the Pledge Agreement) in the Collateral.

Appears in 1 contract

Samples: Revolving Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

UCC Certification. A certification from a title insurance company, records search firm, the Title Insurance Company or counsel satisfactory to the Agent Majority Banks that a search of the appropriate public records designated by the Majority Banks disclosed no conditional sales contracts, security agreements, chattel mortgages, leases of personalty, financing statements or title retention agreements which affect any property, rights or interests of the Borrower (or the Guarantor owning the fee simple interest in such Subsidiary Guarantor Real Estate, as applicable) that are or are intended to be subject to the security interest, security title, assignments, and mortgage liens created by the Security Documents or affecting the Eligible relating to such Real Estate or Eligible Note Receivable except to the extent that the same are discharged and removed prior to or simultaneously with the inclusion of the Equity Interests Real Estate in the Collateral.

Appears in 1 contract

Samples: Revolving Credit Agreement (Wellsford Real Properties Inc)

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