Material Leased Real Estate definition

Material Leased Real Estate means Real Estate (x) that is subject to a Lien in favor of the Term Loan Agent (or any other agent or trustee with respect to any Permitted Refinancing of the Term Loan Facility) or (y) in the event that the Term Loan Facility or any Permitted Refinancing thereof is no longer outstanding, (i) that is leased by any Loan Party, (ii) that is located in the United States and, (iii) that is used as a distribution center in connection with the business of the Lead Borrower and its Restricted Subsidiaries and (iv) the failure of which to operate could reasonably be expected to materially and adversely affect the ordinary conduct of the business of the Lead Borrower and its Restricted Subsidiaries, taken as a whole.
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Material Leased Real Estate shall have the meaning set forth in the Security Agreement. “Material Real Estate” shall have the meaning set forth in the Security Agreement. “Mine” means any currently operating mining complex and its associated Reserve Area in respect of any of the Real Estate in the United States in which any Credit Party holds an ownership, leasehold or other interest permitting the occupancy and use of such Real Estate, including any excavation or opening into the earth now or hereafter made from which coal or other minerals are or can be extracted. “Mining Laws” means any and all applicable federal, state, local and foreign statutes, laws, regulations, guidance, ordinances, rules, judgments, orders, decrees, permits, concessions, grants, franchises, licenses, agreements or other governmental restrictions or common law causes of action relating
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Material Leased Real Estate means all real property in which Borrower or any Subsidiary has a leasehold interest with a rental term (including any optional renewal) expiring on or after December 31, 2013, other than leases or rentals of nonmanufacturing replaceable office space at a rental rate at or above current market rates.
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Examples of Material Leased Real Estate in a sentence

  • The following is a complete list of all the locations where any Grantor owns, leases or has an interest in any active underground Mine (as defined in the Credit Agreement) located on Material Real Estate or Material Leased Real Estate: See Schedule 13.

  • The lease (or sublease) for each Material Leased Real Estate listed in Schedule 3.19 is, to Borrower’s knowledge, in full force and effect and Borrower does not have knowledge of any material default that has occurred and is continuing thereunder.

  • The leasehold interest of Borrower or any other Loan Party in any real property, other than (if requested) with respect to any of the Material Leased Real Estate, shall not be required to be subject to a Lien in favor of Bank as Collateral security for the Obligations.

  • To Agent, within 5 Business Days after receipt thereof, copies of all material amendments to any lease for any of the Material Leased Real Estate.

  • As of the Closing Date, Schedule 3.19 contains a true, accurate and complete list of (a) all Owned Real Estate and (b) all Material Leased Real Estate.


More Definitions of Material Leased Real Estate

Material Leased Real Estate means any (i) Mine or other Real Estate, in each case, subject to a lease with a Credit Party, as lessee, with annual minimum royalties, rents or other similar payment obligations, in excess of $500,000 in the most recently ended Fiscal Year and (ii) Material Prep Plants. “Mortgage” means each mortgage, deed of trust, security deed or deed to secure debt pursuant to which a Credit Party grants to Administrative Agent, subject to Permitted Real Estate Encumbrances, Liens upon the applicable Material Real Estate owned by such Credit Party as security for the payment and performance of the Obligations or any portion thereof. The term “Mortgage,” as used herein, shall include any assignment of leases and rents, security agreement and Fixtures Filing included as part thereof, or executed and/or delivered separately therefrom but in connection therewith. “Mortgage Documents” means, with respect to any Material Real Estate subject to a Mortgage, the following, in form and substance reasonably satisfactory to Administrative Agent, unless otherwise approved by Administrative Agent: (a) such collateral assignments of leases, estoppel letters, attornment agreements, consents, waivers, and releases as Administrative Agent may reasonably require with respect to other Persons having an interest in such Material Real Estate to the extent such Person is required to do so pursuant to the terms of its agreement or lease with a Credit Party; (b) completion by Administrative Agent of all flood insurance due diligence with respect to all Material Real Estate made subject to a Mortgage, and in connection therewith, but without limitation thereof, Administrative Agent shall have
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Related to Material Leased Real Estate

  • Material Leased Real Property has the meaning set forth in Section 2.14.

  • Leased Real Estate means all leasehold or subleasehold estates and other rights to use or occupy any land, buildings, structures, improvements, fixtures, or other interest in real property held by the Company or any of its Subsidiaries.

  • Company Leased Real Property has the meaning set forth in Section 3.14(b).

  • Leased Real Property has the meaning set forth in Section 3.18(b).

  • Material Lease has the meaning set forth in Section 3.17(a).

  • Material Leases has the meaning set forth in Section 4.21.

  • Material Leasehold Property means a Leasehold Property reasonably determined by Administrative Agent to be of material value as Collateral or of material importance to the operations of Company or any of its Subsidiaries.

  • Material Real Estate Asset means (i) any fee-owned Real Estate Asset having a fair market value in excess of $2,500,000 as of the date of the acquisition thereof or (ii) any Real Estate Asset that the Required Lenders have determined is material to the business, general affairs, assets, liabilities, operations, management, condition (financial or otherwise), stockholders’ equity, results of operations or value of any Loan Party or any Subsidiary thereof, including the Borrower.

  • Real Property Lease has the meaning set forth in Section 3.9(b).

  • Real Estate Leases has the meaning set forth in Section 2.1(d)(ii).

  • Owned Real Estate means all land, together with all buildings, structures, fixtures, and improvements located thereon and all easements, rights of way, and appurtenances relating thereto, owned by the Company or any of its Subsidiaries.

  • Property Lease means any Depot Lease, any lease in respect of a Managed Station Area, any lease in respect of Shared Facilities or any Station Lease and any agreement or lease of a similar or equivalent nature (whether in respect of any such facility or otherwise) which the Franchisee may enter into with a person who has an interest in a network or a railway facility which is to be used for or in connection with the provision or operation of the Franchise Services;

  • Material Properties means (a) those Mortgaged Properties designated on Schedule 3.12 as Material Properties and (b) each other Mortgaged Property with respect to which a Mortgage is granted pursuant to Section 5.11 after the Restatement Effective Date.

  • Material Real Property means any fee owned Real Property located in the United States that is owned by any Loan Party with a fair market value in excess of $10,000,000 (at the Closing Date or, with respect to Real Property acquired after the Closing Date, at the time of acquisition, in each case, as reasonably estimated by the Borrower in good faith).

  • Financeable Ground Lease means, a ground lease reasonably satisfactory to the Administrative Agent on behalf of the Lenders, which must provide customary protections for a potential leasehold mortgagee (“Mortgagee”) such as (i) a remaining term, including any optional extension terms exercisable unilaterally by the tenant, of no less than 25 years, (ii) a provision that the ground lease will not be terminated until the Mortgagee has received notice of a default, has had a reasonable opportunity to cure and has failed to do so, (iii) provision for a new lease to the Mortgagee as tenant on the same terms if the ground lease is terminated for any reason, (iv) transferability of the tenant’s interest under the ground lease by the Mortgagee without any requirement for consent of the ground lessor unless based on delivery of customary assignment and assumption agreements from the transferor and transferee, (v) the ability of the tenant to mortgage tenant’s interest under the ground lease without any requirement for consent of the ground lessor and (vi) provisions that the tenant under the ground lease (or the leasehold mortgagee) has customary protections with respect to the application of insurance proceeds or condemnation awards attributable to the tenant’s interest under the ground lease and related improvements.

  • Owned Real Properties has the meaning set forth in Section 3.16(b).

  • Real Property Leases means the leases, subleases, licenses or other agreements, including all amendments, extensions, renewals, guaranties or other agreements with respect thereto, under which the Company or any of its Subsidiaries uses or occupies or has the right to use or occupy any real property.

  • Material Property means all Real Property owned in fee in the United States by any Credit Party, in each case, with a fair market value of $7,425,000 (as determined by the Borrower in good faith) or more, as determined (i) with respect to any Real Property owned by any Credit Party on the Closing Date, as of the Closing Date, and (ii) with respect to any Real Property acquired by a Credit Party after the Closing Date, as of the date of such acquisition.

  • Ground Leases Those certain leases with respect to real property that is a portion of the Leased Property, pursuant to which Landlord is a tenant and which leases have either been approved by Tenant or are in existence as of the date hereof and listed on Schedule A hereto.

  • Operating Leases means all real or personal property leases under which any Company is bound or obligated as a lessee or sublessee and which, under GAAP, are not required to be capitalized on a balance sheet of such Company; provided that Operating Leases shall not include any such lease under which any Company is also bound as the lessor or sublessor.

  • Real Estate means all Leases and all land, together with the buildings, structures, parking areas, and other improvements thereon, now or hereafter owned by any Loan Party, including all easements, rights-of-way, and similar rights relating thereto and all leases, tenancies, and occupancies thereof.

  • Real Estate Taxes means the ad valorem real estate taxes levied against the Property (and the improvements and fixtures located thereon), betterment assessments, special benefit taxes and special assessments levied or imposed against the Property, taxes levied or assessed on gross rentals payable by Tenant to the extent charged, assessed or imposed upon tenants in general which are based upon the rents payable under this Lease, any impact fees levied or assessed, whether or not billed by the taxing authority as a special benefit tax or a special assessment, all taxes levied or assessed on the Property that are in addition to or in lieu of taxes that are currently so assessed, and penalties and interest related to Real Estate Taxes if the applicable Real Estate Tax bills have been forwarded to Tenant in a timely manner; provided, however, that Real Estate Taxes shall not include any Excluded Taxes. “Excluded Taxes” shall mean, without limitation, Landlord’s income taxes, gift taxes, excess profit taxes, excise taxes, franchise taxes, estate, succession, inheritance and realty transfer taxes resulting from the transfer of any direct or indirect interest in the Property by Landlord unless such taxes replace Real Estate Taxes in the future (except as expressly set forth in the last sentence of this Section 4(a)), and any interest or penalty charges resulting solely from Landlord’s failure to promptly deliver the Real Estate Tax bills to Tenant if the applicable taxing authority has forwarded the tax xxxx to Landlord rather than Tenant. All special benefit taxes and special assessments shall be amortized over the longest time permitted under ordinance and Tenant’s liability for installments of such special benefit taxes and special assessments not yet due shall be paid in full prior to the expiration or termination of this Lease; provided, that the useful life of any such improvements do not extend beyond the expiration of the Term. Tenant shall also pay, directly to the applicable Governmental Authority (as hereinafter defined), any storm water charges, fees and taxes and use and occupancy tax in connection with the Property or any improvements thereon (or in the event Landlord is required by law to collect such tax, Tenant shall pay such use and occupancy tax to Landlord as Rent within thirty (30) days of written demand and Landlord shall remit any amounts so paid to Landlord to the appropriate Governmental Authority in a timely fashion) and deliver evidence of such payment to Tenant within ten (10) days of making such payment or within ten (10) days of receipt of Tenant’s request for such evidence of payment.

  • Unimproved Real Property means Property in which the Company has an equity interest that was not acquired for the purpose of producing rental or other operating income, that has no development or construction in process and for which no development or construction is planned, in good faith, to commence within one (1) year.

  • Real Estate Business means homebuilding, housing construction, real estate development or construction and the sale of homes and related real estate activities, including the provision of mortgage financing or title insurance.

  • Owned Real Property has the meaning set forth in Section 4.10(a).

  • Estate in Real Property A fee simple estate in a parcel of land.