Permitted Real Estate Liens definition

Permitted Real Estate Liens shall have the meaning assigned to such term in clause (d) of the definition of “Permitted Liens”.
Sample 1Sample 2Sample 3
Permitted Real Estate Liens means with respect to any Eligible Real Estate encumbered by a Mortgage in favor of the Collateral Agent, collectively, Permitted Encumbrances and, the Liens referred to in Schedule B of the Title Policy insuring the Collateral Agent’s interest under such Mortgage.
Sample 1Sample 2Sample 3
Permitted Real Estate Liens means (i) statutory liens for current taxes or other governmental charges with respect to the real property (x) not yet due and payable or (y) with respect to which Seller retains all liability and the amount or validity of which is being contested in good faith by appropriate proceedings by Seller; (ii) mechanics', carriers', workers', repairers' and similar statutory liens arising or incurred in the ordinary course of business for amounts which are not delinquent and which are not, individually or in the aggregate, material to the business Locations; (iii) zoning, entitlement, building and other land use regulations imposed by governmental agencies having jurisdiction over the real property which are not violated by the current use and operation of the real property; and (iv) covenants, conditions, restrictions, easements and other matters or record affecting title to the real property which do no materially impair the use or value of the affected parcel of real property for the purposes for which it is used in connection with the applicable Location.
Sample 1Sample 2Sample 3

Examples of Permitted Real Estate Liens in a sentence

  • Seller has good and marketable title in fee simple absolute to such real property and to the improvements thereon, free and clear of all liens, security interests, leases, encumbrances, easements, covenants, restrictions, defects or other burdens, except for Permitted Real Estate Liens.

  • Mortgagee hereby acknowledges and agrees that the liens granted herein are subject to the rights of certain lessees under the Leases as disclosed in the Credit Agreement and will be subject to the rights of lessees under any Leases entered into by Mortgagor after the date hereof which are permitted as Permitted Real Estate Liens pursuant to the Credit Agreement, subject to the express rights contained in the applicable Lease.

  • Buyer shall obtain a commitment for title insurance evidencing the obligation of a title insurer to insure merchantable fee simple title in Buyer subject to Permitted Real Estate Liens, as of the Closing Date, to the real property described in the deeds attached hereto as Exhibit 2.2.3, and Buyer's reasonable objections to the state of title shown on such commitment shall have been satisfied.

  • Beneficiary hereby acknowledges and agrees that the liens granted herein are subject to the rights of certain lessees under the Leases as disclosed in the Credit Agreement and will be subject to the rights of lessees under any Leases entered into by Trustor after the date hereof which are permitted as Permitted Real Estate Liens pursuant to the Credit Agreement, subject to the express rights contained in the applicable Lease.

  • Each respective Title Policy shall be in the amount of the Purchase Price allocated to each parcel of the Transferred Real Property insured by such Title Policy, showing fee simple title to such Transferred Real Property vested in the Buyer, subject only to current real estate Taxes not yet due and payable as of the Closing Date (which Taxes shall be prorated between the Buyer and the Sellers as of the Closing Date), and the Permitted Real Estate Liens.

  • There shall be no Liens on any of the Transferred Assets, other than LABN Permitted Ownership Liens and LABN Permitted Real Estate Liens.

  • The real property of each Loan Party and each of its Subsidiaries is subject to no Liens, other than Permitted Encumbrances, or, in the case of Real Estate included in the Borrowing Base, Permitted Real Estate Liens.

  • Grantee hereby acknowledges and agrees that the liens granted herein are subject to the rights of certain lessees under the Leases as disclosed in the Credit Agreement and will be subject to the rights of lessees under any Leases entered into by Grantor after the date hereof which are permitted as Permitted Real Estate Liens pursuant to the Credit Agreement, subject to the express rights contained in the applicable Lease.

  • Upon consummation of the transactions contemplated hereby, Purchaser will have acquired good, valid and insurable title in and to, or a valid leasehold interest in or assignment of each of the Purchased Assets to be acquired by it, free and clear of all Encumbrances, except for the Assumed Liabilities and Permitted Real Estate Liens.

  • The real property of each Loan Party is subject to no Liens, other than Permitted Encumbrances, or, in the case of Real Estate included in the Tranche A Borrowing Base, Permitted Real Estate Liens.


More Definitions of Permitted Real Estate Liens

Permitted Real Estate Liens means (i) all presently existing and future liens of real estate taxes or assessments and water rates, water meter charges, water frontage charges and sewer taxes, rents and charges, if any, provided that such items are not yet due and payable and are apportioned to the extent provided in this Agreement; (ii) rights of tenants in possession, if any, under leases disclosed by Sellers to the Purchaser provided same does not materially and adversely affect the use and operation of the applicable parcel of Real Property as currently being used and operated by the applicable Seller; (iii) unpaid state and local franchise, general corporation and/or income taxes, mechanics liens, or other monetary liens; provided that, based upon a deposit by any Seller with the Title Company, an indemnity by any Seller to the Title Company, the order of a bankruptcy court having jurisdiction, or other assurances by the applicable Seller to the Title Company, such Seller is able to induce the Title Company to omit such lien or encumbrance as an exception to title, or insure against its collection out of or enforcement against the applicable Real Property with respect to the applicable Title Policy issued by the Title Company; (iv) such matters as the Title Company shall be willing to omit as exceptions to coverage or, subject to Purchaser's reasonable approval, by endorsement in form and substance acceptable to Purchaser in its reasonable discretion, insure against collection out of or enforcement against such Real Property, with respect to the applicable Title Policy issued by the Title Company; (v) minor variations between the tax lot lines and the legal description of each parcel of Real Property; or (vi) any other matter or thing affecting title to any parcel of Real Property that does not materially and adversely affect the marketability or the use and operation of the applicable parcel of Real Property as such parcel of Real Property is currently used and operated.
Sample 1Sample 2
Permitted Real Estate Liens means: -35- 43
Sample 1
Permitted Real Estate Liens means (i) all presently existing and future liens of real estate taxes or assessments and water rates, water meter charges, water frontage charges and sewer taxes, rents and charges, if any, provided that such items are not yet due and payable and are apportioned to the extent provided in this Agreement; (ii) those Third Party Leases described on Schedule 1.1 and the rights of other tenants in possession, if any, under leases disclosed by Sellers to the Purchaser provided same does not materially and adversely affect the use and operation of the applicable parcel of Real Property as currently being used and operated by the applicable Seller; (iii) unpaid state and local franchise, general corporation and/or income taxes, mechanics liens, or other monetary liens (other than Personal Property Taxes); provided that, based upon a deposit by any Seller with the Title Company, an indemnity by any Seller to the Title Company, the order of a bankruptcy court having jurisdiction, or other assurances by the applicable Seller to the Title Company, such Seller is able to induce the Title Company to omit such lien or encumbrance as an exception to title, or insure against its collection out of or enforcement against the applicable Real Property with respect to the applicable Title Policy issued by the Title Company; (iv) such matters as the Title Company shall be willing to omit as exceptions to coverage or, subject to Purchaser's reasonable approval, by endorsement in form and substance acceptable to Purchaser in its reasonable discretion, insure against collection out of or enforcement against such Real Property with respect to the applicable Title Policy issued by the Title Company; or (v) any other matter of record affecting title to any parcel of Real Property that does not materially and adversely affect the operation of the applicable parcel of Real Property as such parcel of Real Property is currently used and operated.
Sample 1
Permitted Real Estate Liens means those Liens set forth in item 5 of Schedule 4.10. There are no pending condemnation, expropriation, eminent domain or similar proceedings affecting all or any portion of such owned real property and, to the Knowledge of the Company Stockholders, no such proceedings are threatened or contemplated. Complete and correct copies of the most recent title insurance policies with respect to real property owned by the Company and the Subsidiary, as well as the most recent survey for such owned real property have previously been delivered to Purchaser.
Sample 1
Permitted Real Estate Liens means (i) any Permitted Liens; and (ii) encumbrances consisting of zoning restrictions, easements, right-of-way or other similar encumbrances, title defects and restrictions on the use of real property that in the aggregate are not substantial in amount and none of which materially impairs the use of such property or the value thereof, none of which is violated in any material respect by existing or proposed structures or land use and which do not interfere with the ordinary conduct of the business on such property.
Sample 1

Related to Permitted Real Estate Liens

  • Permitted Real Property Encumbrances means (i) those liens, encumbrances and other matters affecting title to any Mortgaged Property listed in the applicable title policy in respect thereof (or any update thereto) and found, on the date of delivery of such title policy to the Administrative Agent in accordance with the terms hereof, reasonably acceptable by the Administrative Agent, (ii) as to any particular real property at any time, such easements, encroachments, covenants, restrictions, rights of way, minor defects, irregularities or encumbrances on title which do not, in the reasonable opinion of the Administrative Agent, materially impair such real property for the purpose for which it is held by the mortgagor or owner, as the case may be, thereof, or the Lien held by the Administrative Agent, (iii) municipal and zoning laws, regulations, codes and ordinances, which are not violated in any material respect by the existing improvements and the present use made by the mortgagor or owner, as the case may be, of such real property, (iv) general real estate taxes and assessments not yet delinquent, and (v) such other items as the Administrative Agent may consent to.

  • Permitted Liens means, with respect to any Person:

  • Permitted Collateral Liens means any “Permitted Liens” other than Liens specified in clauses (2), (3), (4), (5), (14) or (18) of the definition of “Permitted Liens.”

  • Permitted Equity Interests means common stock of the Borrower that after its issuance is not subject to any agreement between the holder of such common stock and the Borrower where the Borrower is required to purchase, redeem, retire, acquire, cancel or terminate any such common stock.

  • Permitted Existing Liens means the Liens on assets of the Company and its Subsidiaries identified as such on Schedule 1.1.3 to this Agreement.

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

  • Related Real Estate Documents with respect to any Real Estate subject to a Mortgage, the following, in form and substance satisfactory to Agent and received by Agent for review at least 10 days prior to the effective date of the Mortgage: (a) a mortgagee title policy (or binder therefor) covering Agent’s interest under the Mortgage, in a form and amount and by an insurer acceptable to Agent, which must be fully paid on such effective date; (b) such assignments of leases, estoppel letters, attornment agreements, consents, waivers and releases as Agent may require with respect to other Persons having an interest in the Real Estate; (c) a current, as-built survey of the Real Estate, containing a metes-and-bounds property description and flood plain certification, and certified by a licensed surveyor acceptable to Agent; (d) flood insurance in an amount, with endorsements and by an insurer acceptable to Agent, if the Real Estate is within a flood plain; (e) a current appraisal of the Real Estate, prepared by an appraiser acceptable to Agent, and in form and substance satisfactory to Required Lenders; (f) an environmental assessment, prepared by environmental engineers acceptable to Agent, and accompanied by such reports, certificates, studies or data as Agent may reasonably require, which shall all be in form and substance satisfactory to Required Lenders; and (g) an Environmental Agreement and such other documents, instruments or agreements as Agent may reasonably require with respect to any environmental risks regarding the Real Estate.

  • Real Estate Assets means any investment by the Company or the Operating Partnership in unimproved and improved Real Property (including fee or leasehold interests, options and leases), directly, through one or more subsidiaries or through a Joint Venture.

  • Permitted Priority Liens means Liens permitted under any of the clauses (b), (c), (d), (e), (f) or (i) of Section 9.02.

  • Permitted Prior Liens means Permitted Liens described in clauses (c), (f), (g), (h), (j), (k) (to the extent permitted under the Control Agreements relating to the deposit accounts subject to the Permitted Liens described in clause (k)) and (m) of the defined term “Permitted Liens” and as set forth in the Schedule.

  • Excluded Properties the collective reference to the fee or leasehold interest in real properties owned by the Parent Borrower or any of its Subsidiaries not described in Schedule 5.8.

  • Permitted Group means any group of investors that is deemed to be a "person" (as that term is used in Section 13(d)(3) of the Exchange Act), by virtue of the Stockholders Agreement, as the same may be amended, modified or supplemented from time to time; provided that no single Person (other than the Principals and their Related Parties) Beneficially Owns (together with its Affiliates) more of the Voting Stock of the Company that is Beneficially Owned by such group of investors than is then collectively Beneficially Owned by the Principals and their Related Parties in the aggregate.

  • Permitted Entity means with respect to a Qualified Stockholder (a) a Permitted Trust (as defined below) solely for the benefit of (i) such Qualified Stockholder, (ii) one or more Family Members of such Qualified Stockholder and/or (iii) any other Permitted Entity of such Qualified Stockholder, or (b) any general partnership, limited partnership, limited liability company, corporation or other entity exclusively owned by (i) such Qualified Stockholder, (ii) one or more Family Members of such Qualified Stockholder and/or (iii) any other Permitted Entity of such Qualified Stockholder.

  • Permitted Encumbrances means:

  • Other Permitted Indebtedness means (a) accrued expenses and current trade accounts payable incurred in the ordinary course of the Borrower’s business which are not overdue for a period of more than 90 days or which are being contested in good faith by appropriate proceedings, (b) Indebtedness (other than Indebtedness for borrowed money) arising in connection with transactions in the ordinary course of the Borrower’s business in connection with its securities transactions, derivatives transactions, reverse repurchase agreements or dollar rolls to the extent such transactions are permitted under the Investment Company Act and the Borrower’s Investment Policies (after giving effect to any Permitted Policy Amendments), provided that such Indebtedness does not arise in connection with the purchase of Portfolio Investments other than Cash Equivalents and U.S. Government Securities and (c) Indebtedness in respect of judgments or awards that have been in force for less than the applicable period for taking an appeal so long as such judgments or awards do not constitute an Event of Default under clause (l) of Article VII.

  • Company Permitted Liens means (i) mechanics’, materialmen’s, carriers’, workmen’s, repairmen’s, vendors’, operators’ or other like Liens, if any, arising in the ordinary course of business of the Company; (ii) Liens arising under original purchase price conditional sales contracts and equipment leases with third parties entered into in the ordinary course of business; (iii) title defects or Liens (other than those constituting Liens for the payment of Indebtedness), if any, that do not or would not, individually or in the aggregate, impair in any material respect the use or occupancy of the assets of the Company and its Subsidiaries, taken as a whole; (iv) Liens for Taxes that are not yet due or payable or that may thereafter be paid without penalty being contested in good faith and for which adequate accruals or reserves have been established in accordance with GAAP; (v) Liens supporting surety bonds, performance bonds and similar obligations issued in the ordinary course of business of the Company and its Subsidiaries; (vi) Liens not created by the Company or its Subsidiaries that affect the underlying fee interest of a Company Leased Real Property; (vii) Liens that are disclosed on the most recent consolidated balance sheet of the Company included in the Company Filed SEC Documents or notes thereto or securing liabilities reflected on such balance sheet; (viii) Liens arising under or pursuant to the organizational documents of the Company or any of its Subsidiaries; (ix) grants to others of Rights-of-Way, surface leases or crossing rights and amendments, modifications, and releases of Rights-of-Way, surface leases or crossing rights in the ordinary course of business; (x) with respect to Rights-of-Way, restrictions on the exercise of any of the rights under a granting instrument that are set forth therein or in another executed agreement, that is of public record or to which the Company or any of its Subsidiaries otherwise has access, between the parties thereto; (xi) Liens which an accurate up-to-date survey would show; (xii) Liens resulting from any facts or circumstances relating to Parent or any of its Affiliates; and (xiii) Liens that do not and would not reasonably be expected to materially impair the continued use of a Company Owned Real Property or a Company Leased Real Property as presently operated.

  • Permitted Assets means any and all properties or assets that are used or useful in a Permitted Business (including Capital Stock in a Person that is a Restricted Subsidiary and Capital Stock in a Person whose primary business is a Permitted Business that shall become a Restricted Subsidiary immediately upon the acquisition of such Capital Stock by the Issuer or by a Restricted Subsidiary, but excluding any other securities).

  • Customary Permitted Liens means, with respect to any Person, any of the following Liens:

  • Permitted Licenses are (A) licenses of over-the-counter software that is commercially available to the public, and (B) non-exclusive and exclusive licenses for the use of the Intellectual Property of Borrower or any of its Subsidiaries entered into in the ordinary course of business, provided, that, with respect to each such license described in clause (B), (i) no Event of Default has occurred or is continuing at the time of such license; (ii) the license constitutes an arms-length transaction, the terms of which, on their face, do not provide for a sale or assignment of any Intellectual Property and do not restrict the ability of Borrower or any of its Subsidiaries, as applicable, to pledge, grant a security interest in or lien on, or assign or otherwise Transfer any Intellectual Property; (iii) in the case of any exclusive license, (x) Borrower delivers ten (10) days’ prior written notice and a brief summary of the terms of the proposed license to Collateral Agent and the Lenders and delivers to Collateral Agent and the Lenders copies of the final executed licensing documents in connection with the exclusive license promptly upon consummation thereof, and (y) any such license could not result in a legal transfer of title of the licensed property but may be exclusive in respects other than territory and may be exclusive as to territory only as to discrete geographical areas outside of the United States; and (iv) all upfront payments, royalties, milestone payments or other proceeds arising from the licensing agreement that are payable to Borrower or any of its Subsidiaries are paid to a Deposit Account that is governed by a Control Agreement.

  • Real Estate-Related Assets means any investments by the Company or the Operating Partnership in Mortgages and Real Estate-Related Securities.

  • Permitted Debt means any Financial Indebtedness:

  • Excluded Real Property means (a) any fee-owned real property with a purchase price (in the case of real property acquired after the Effective Date) or Fair Market Value (in the case of real property owned as of the Effective Date, with Fair Market Value determined as of the Effective Date) of less than $3,500,000 individually, (b) any real property that is subject to a Lien permitted by Sections 6.02(iv), (xix), (xxii), (xxiii), (xxviii) or (xxxi), (c) any real property with respect to which, in the reasonable judgment of the Term Administrative Agent (confirmed by notice to the Borrower) the cost (including as a result of adverse tax consequences) of providing a Mortgage shall be excessive in view of the benefits to be obtained by the Lenders, (d) any real property to the extent providing a mortgage on such real property would (i) be prohibited or limited by any applicable law, rule or regulation (but only so long as such prohibition or limitation is in effect), (ii) violate a contractual obligation to the owners of such real property (other than any such owners that are the Borrower or Affiliates of the Borrower) that is binding on or relating to such real property (other than customary non-assignment provisions which are ineffective under the Uniform Commercial Code) but only to the extent such contractual obligation was not incurred in anticipation of this provision or (iii) give any other party (other than the Borrower or a wholly-owned Restricted Subsidiary of the Borrower) to any contract, agreement, instrument or indenture governing such real property the right to terminate its obligations thereunder (other than customary non-assignment provisions which are ineffective under the Uniform Commercial Code or other applicable law) and (e) any Leasehold.

  • Permitted Repurchases means the repurchase by the Corporation of shares of Common Stock held by employees, officers, directors, consultants, independent contractors, advisors, or other persons performing services for the Corporation or a subsidiary that are subject to restricted stock purchase agreements or stock option exercise agreements under which the Corporation has the option to repurchase such shares: (i) at cost, upon the occurrence of certain events, such as the termination of employment or services; or (ii) at any price pursuant to the Corporation’s exercise of a right of first refusal to repurchase such shares.

  • Excluded Personal Property means the following:

  • Real Estate Asset means, at any time of determination, any interest (fee, leasehold or otherwise) then owned by any Credit Party in any real property.

  • 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.