Examples of Owned Timberlands in a sentence
The Trustee and each of the Noteholders and the Liquidity Providers acknowledge that a release of Company Owned Timberlands (or timber rights thereon), Company Timber Rights or Company Timber, as the case may be, in accordance with the terms of the Deed of Trust and this Indenture will not be deemed for any purpose to be an impairment of the Lien of the Deed of Trust in contravention of the terms of this Indenture and the Deed of Trust.
The Issuer shall not create, incur, assume, suffer or permit to exist any Lien on the Company Owned Timberlands or Company Timber Rights or any portion thereof or any interest therein other than (x) the Lien of the Deed of Trust or (y) other Permitted Encumbrances.
In the case of the preceding clauses (i) to (iv) (other than a recovery in the Takings Litigation), Deemed Production shall be in respect of the number of Mbfe (as set forth in an Officer's Certificate delivered to the Trustee) of Company Timber (or Company Timber located on the Company Owned Timberlands or on the Company Timber Rights Property that is subject to the Company Timber Rights, as applicable) sold, condemned, taken, damaged or destroyed.
Notwithstanding the foregoing, Seller shall be obligated to cure, on or before the Closing Date, all Liens against the Owned Timberlands or against Seller’s interest in the Leased Timberlands in each case evidencing monetary encumbrances (other than Liens for non-delinquent real estate Taxes or assessments) (“Monetary Liens”), but excluding any Monetary Liens arising by, through or under Purchaser.
Any Parent Title Objection shall be deemed to be cured if Seller causes the Title Company to issue a Title Policy for the affected Owned Timberlands or Leasehold Interest affirmatively insuring over, or not raising as an exception to the Title Policy, such Parent Title Objection.
Notwithstanding the foregoing, Seller shall be obligated to cure, on or before the Closing Date, all Liens against the Owned Timberlands evidencing monetary encumbrances (other than Liens for non-delinquent real estate Taxes or assessments) (“Monetary Liens”).
In the event of any Title Failure, Parent’s sole remedy with respect to any such Title Failure shall be to receive a Purchase Price adjustment as described in Section 2.3(b)(iv) and the Buying Parties shall proceed to the Closing with those portions of the Owned Timberlands or Leasehold Interests that are subject to such Title Failure excluded from the Timberlands to be conveyed to the applicable Timber LLC immediately prior to the Closing (a “Title Failure Carveout”).
Any Buyer Parent Title Objection shall be deemed to be cured if Seller causes the Title Company to issue a Title Policy for such portion of the Owned Timberlands affirmatively insuring over, or not raising as an exception to the Title Policy, such Buyer Parent Title Objection.
Except as set forth in Section 6.1 of the Seller’s Disclosure Letter, to the Selling Parties’ Knowledge, as of the time of the Closing (or, in the case of Installment Note Timberlands, immediately prior to the Closing), the Selling Parties own (i) fee simple title to the Owned Timberlands and (ii) leasehold title to the Leasehold Interests, in each case free and clear of all Liens, but subject to the Permitted Exceptions.
Seller shall provide to Parent title commitments from the Title Company dated no earlier than April 15, 2007 for the issuance of one or more Title Policies on the Owned Timberlands being conveyed to the Timber LLCs and the Leasehold Interests being conveyed to the Timber LLCs (individually, a “Title Commitment” and collectively, the “Title Commitments”).