Utilities and Public Access. Each Property has adequate rights of access to dedicated public ways (and makes no material use of any means of access or egress that is not pursuant to such dedicated public ways or recorded, irrevocable rights-of-way or easements) and is adequately served by all public utilities, including water and sewer (or well and septic), necessary to the continued use and enjoyment of such Property as presently used and enjoyed.
Appears in 12 contracts
Samples: Loan Agreement (Sears Holdings Corp), Loan Agreement, Loan Agreement (Sears Holdings Corp)
Utilities and Public Access. Each The Property has adequate rights of access to dedicated public ways (and makes no material use of any means of access or egress that is not pursuant to such dedicated public ways or recorded, irrevocable rights-of-way or easements) and is adequately served by all public utilities, including water and sewer (or well and septic), necessary to the continued use and enjoyment of such the Property as presently used and enjoyed.
Appears in 8 contracts
Samples: Loan Agreement (Stratus Properties Inc), Loan Agreement (Aspen REIT, Inc.), Loan Agreement (Stratus Properties Inc)
Utilities and Public Access. Each Property has adequate rights of access to dedicated public ways (and makes no material use of any means of access or egress that is not pursuant to such dedicated public ways or recorded, irrevocable rights-of-way or easements) and is adequately served by all public utilities, including water and sewer (or well and septic), utilities necessary to the continued use and enjoyment of such Property as presently used and enjoyed.
Appears in 7 contracts
Samples: Loan Agreement (Brixmor Property Group Inc.), Senior Mezzanine Loan Agreement (Gramercy Capital Corp), Junior Mezzanine Loan Agreement (Gramercy Capital Corp)
Utilities and Public Access. Each The Property has adequate rights of access to dedicated public ways (and makes no material use of any means of access or egress that is not pursuant to such dedicated public ways or recorded, irrevocable rights-of-way or easements) and is adequately served by all public utilities, including water and sewer (or well and septic), utilities necessary to the continued use and enjoyment of such the Property as presently used and enjoyed.
Appears in 6 contracts
Samples: Loan Agreement (Pebblebrook Hotel Trust), Loan Agreement (Pebblebrook Hotel Trust), Loan Agreement (Glimcher Realty Trust)
Utilities and Public Access. Each Property has adequate rights of access to dedicated public ways (and to the Borrowers’ knowledge makes no material use of any means of access or egress that is not pursuant to such dedicated public ways or recorded, irrevocable rights-of-way or easements) and is adequately served by all public utilities, including water and sewer (or well and septic), necessary to the continued use and enjoyment of such Property as presently used and enjoyed.
Appears in 3 contracts
Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Sears Holdings Corp), Term Loan Credit Agreement (Sears Holdings Corp)
Utilities and Public Access. Each Property has adequate rights of access to dedicated public ways (and makes no material use of any means of access or egress that is not pursuant to such dedicated public ways or recorded, irrevocable rights-of-way or easements) and is adequately served by all public utilities, including water and sewer (or well and septic), necessary to the continued use and enjoyment of such Property as presently used and enjoyed. Section 4.28.
Appears in 1 contract
Samples: Loan Agreement (Hartman Short Term Income Properties XX, Inc.)
Utilities and Public Access. Each Property has The Properties have adequate rights of access to dedicated public ways or recorded, irrevocable rights of way or easements (and makes no material use of any means of access or egress that is not pursuant to such dedicated public ways or recorded, irrevocable rights-of-way or easements) and and, together with the Central Plant, is adequately served by all public utilities, including water and sewer (or well and septic), necessary to the continued use and enjoyment of such Property as presently used and enjoyed.
Appears in 1 contract
Samples: Loan Agreement (Parkway, Inc.)
Utilities and Public Access. Each Except as set forth in the applicable Survey, each Property has adequate rights of access to dedicated public ways (and makes no material use of any means of access or egress that is not pursuant to such dedicated public ways or recorded, irrevocable rights-of-way or easements) and is adequately served by all public utilities, including water and sewer (or well and septic), necessary to the continued use and enjoyment of such Property as presently used and enjoyed.
Appears in 1 contract
Samples: Loan Agreement (Toys R Us Inc)
Utilities and Public Access. Each Property has The Properties have adequate rights of access to dedicated public ways or recorded, irrevocable rights of way or easements (and makes no material use of any means of access or egress that is not pursuant to such dedicated public ways or recorded, irrevocable rights-of-way or easements) and and, together with the Central Plant, is adequately served by all public utilities, including water and sewer (or well and septic), necessary to the continued use and enjoyment of such Property as presently used and enjoyed. Section 4.28.
Appears in 1 contract
Samples: Loan Agreement (Parkway, Inc.)
