Borrower Property definition

Borrower Property means any real property and improvements owned, leased, used, operated or occupied by any Borrower or any of their respective corporate predecessors, including any soil, surface water or groundwater on or under such real property and improvements.

Borrower Property as defined in subsection 3.16.

Borrower Property means any real property and improvements currently or formerly owned or leased by the Borrower or any of its Subsidiaries; (b) "Hazardous Materials" means (i) any petroleum or petroleum products, radioactive materials, asbestos in any form that is or is reasonably likely to become friable, urea formaldehyde foam insulation, polychlorinated biphenyls, and radon gas; and (ii) any chemicals, materials or substances defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "extremely hazardous wastes," "restricted hazardous wastes," "toxic substances," "toxic pollutants," or words of similar import, under any applicable Environmental Law; (c) "Environmental Law" means any federal, state or local statute, law, rule, regulation, ordinance, code or rule of common law in effect and in each case as amended as of the date hereof and as of the Closing Date, applicable to the Borrower or its operations or Borrower Property as of the date hereof and as of the Closing Date, including any judicial or administrative order, consent decree or judgment relating to the environment, occupational safety and health or Hazardous Materials; and (d) "Environmental Claims" means any and all administrative, regulatory or judicial actions, suits, demands, demand letters, claims, liens, notices of noncompliance or violation, investigations or proceedings under any Environmental Law or any permit issued under any such Environmental Law (for purposes of this subclause (d), "Claims"), including without limitation (i) any and all Claims by any Governmental Authority for enforcement, cleanup, removal, response, remedial or other actions or damages pursuant to any applicable Environmental Law and (ii) any and all Claims by any third party seeking damages, contribution, indemnification, cost recovery, compensation or injunctive relief resulting from Hazardous Materials or arising from alleged injury or threat of injury to health, safety or the environment; and (e) "Release" means disposing, discharging, injecting, spilling, leaking, leaching, dumping, emitting, escaping, emptying or seeping into or upon any land or water or air, or otherwise entering into the environment.

Examples of Borrower Property in a sentence

• As such, the Company’s source of Project Financing or Land Financing repayment is based on the Borrower’s perfection of its contractual rights under agreements to purchase the Borrower Property and subsequently sell it.Risk of Borrower Inability to Obtain Financing.

• The Company cannot predict whether the Borrower will be able to sell the Borrower Property for a price or on terms which are acceptable.

• Further, the Company cannot predict the Borrower’s ability to obtain adequate funding from a third-party lender to refinance the Borrower Property.

• Lender may forward to any Investors (as defined in the Loan Agreement), to any Rating Agency (as defined in the Loan Agreement) rating such Securities and to any prospective Investor, all documents and information which Lender now has or may later acquire relating to the Obligations, Borrower, Property Manager, any guarantor, any indemnitor(s), the Leases, and the Property, whether furnished by Borrower, Property Manager, any guarantor, any indemnitor(s) or otherwise, as Lender determines advisable.

• There is a risk of the Company being unable to pay its recurring operating expenses as a result, at the extreme, as the Company has no recourse to foreclosure on the Borrower Property and the Preferred Returns and Profit Participation distributions will not be able to be made.Financial projections.

More Definitions of Borrower Property

Borrower Property means any and all property of Borrower, or rights, title or interests of Borrower in property, howsoever arising, acquired or obtained, whether now or hereafter existing, whether tangible or intangible, whether real or personal, and wherever located.

Borrower Property means any real property owned, occupied, or operated by any Borrower or any of their Subsidiaries.

Borrower Property means any real property owned, occupied, or operated by either Borrower or any of their Subsidiaries.

Borrower Property means any real property and improvements owned, leased, used, operated or occupied by the Borrower or any of its Subsidiaries or any of their respective corporate predecessors, including any soil, surface water or groundwater on or under such real property and improvements.

Borrower Property means the property of the Borrower charged to us as security for the Borrower Mortgage;

Borrower Property means any real property owned, occupied, or operated

Borrower Property has the meaning assigned to such term in subsection 4.18D.