Real Estate Encumbrances definition

Real Estate Encumbrances as defined in Section 3.7(a).
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Real Estate Encumbrances means any (a) easement, covenant, right-of-way, and other similar matters of record, which does not materially interfere with the operation of the applicable Company’s business, as currently conducted, or materially adversely affect the value of the real property interest burdened thereby; (b) zoning and building restrictions; and (c) the provisions of any Law (including but not limited to statutory liens of landlords, zoning, entitlement, building and other land use regulations), which does not materially interfere with the operation of the Company’s business, as currently conducted, or materially adversely affect the value of the real property interest burdened thereby.
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Real Estate Encumbrances means any restrictions on use of the Owned Real Property or Buildings that would prevent or hinder the use of such Owned Real Property or Buildings in a manner consistent with the current use of the particular parcel of Owned Real Property or the Buildings by the Business, or which would result in the loss of the Owned Real Property or the Buildings as the result of any foreclosure or similar action.
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Examples of Real Estate Encumbrances in a sentence

  • True and complete copies of (A) all deeds, existing title insurance policies and surveys of or pertaining to the Real Property and (B) all instruments, agreements and other documents evidencing, creating or constituting any Real Estate Encumbrances have been delivered to Buyer.

  • Seller warrants to Buyer that, at the time of Closing, all other Assets shall be free and clear of all Non-Real Estate Encumbrances other than those identified on Part 3.9(b) as acceptable to Buyer ("Permitted Non-Real Estate Encumbrances" and, together with the Permitted Real Estate Encumbrances, "Permitted Encumbrances").

  • GILLANDERS ARBUTHNOT AND COMPANY LIMITED Name of the DirectorBrief resume and nature of expertise in functional areaNumber of Ordinary Shares held in the CompanyOther Directorship/Other Committee Membership held*Mr. D.

  • True and complete copies of (A) all deeds, existing title insurance policies and surveys of or pertaining to the Facility and (B) all instruments, agreements and other documents evidencing, creating or constituting any Real Estate Encumbrances have been delivered to Buyer.

  • Seller warrants to Buyer that, at the time of Closing, all other Assets shall be free and clear of all Non-Real Estate Encumbrances other than those identified on Schedule 3.8(b) as acceptable to Buyer ("Permitted Non-Real Estate Encumbrances" and, together with the Permitted Real Estate Encumbrances, "Permitted Encumbrances").

  • The Collateral is owned by the Borrower free and clear of any Adverse Claim (other than Permitted Liens or Permitted Real Estate Encumbrances) or restrictions on transferability and the Borrower has the full right, corporate power and lawful authority to assign, transfer and pledge the Collateral and interests therein.

  • Seller warrants to Buyer that, at the time of Closing, the Real Property shall be free and clear of all Real Estate Encumbrances other than those identified on Schedule 3.8(a) as acceptable to Buyer ("Permitted Real Estate Encumbrances").

  • Authorization to Lease Property and Approval of Real Estate Encumbrances.

  • This Agreement (together with the financing statements filed on or prior to the Closing Date) is effective to create a valid and perfected first priority security interest in the Collateral now existing or hereafter arising, free and clear of any Adverse Claim (other than Permitted Liens or Permitted Real Estate Encumbrances) or restrictions on transferability.

  • At the time of Closing, the Real Estate shall be free and clear of all Real Estate Encumbrances.


More Definitions of Real Estate Encumbrances

Real Estate Encumbrances shall have the meaning set forth in Section 3.17 of this Agreement.
Sample 1
Real Estate Encumbrances. Other Matters 3. Section 7.03(b): No Violations and Consents 4. Section 7.05: Required Assets 5. Section 7.06: Related Party Transactions 6. Section 7.07: Title to Purchased Assets 7. Section 7.09(a): Land 8. Section 7.09(c): Condemnation or Eminent Domain Proceedings 9. Section 7.09(e): Permits and Licenses to Expand 10. Section 7.10(d): Actions by Gaming or Liquor Licensing Governmental Authorities 11. Section 7.11(a): Trade/Service Marks Utilized 12. Section 7.11(e): Intellectual Property 13. Section 7.12(a): Contracts 14. Section 7.14(c): Loss or Damage 15. Section 7.14(d): Payments Under Employee Plans 16. Section 7.14(e): Increases in Employee Compensation 17. Section 7.14(l): Accounting Changes 18. Section 7.15: Insurance 19. Section 7.16(a): Licenses and Permits 20. Section 7.17(f): Environmental Matters 21. Section 7.18(a): Employee Benefit Plans 22. Section 7.18(e): Payments from Seller in Connection with Agreement 23. Section 7.21: Customer Database
Sample 1
Real Estate Encumbrances means (i) Encumbrances for Taxes not yet due and payable or that are being contested in good faith by appropriate procedures and for which the Company has made adequate accruals in the Company Financials in accordance with GAAP; (ii) mechanics’, carriers’, workmen’s, repairmen’s or similar statutory liens for amounts not yet due or being diligently contested in good faith in appropriate proceedings; (iii) easements, rights of way, zoning ordinances and other land use regulations by Governmental Entities; (iv) as to any leased property, any Encumbrance to which the underlying fee estate in such real property is subject; and (v) any other conditions that would be disclosed by a current, accurate survey or physical inspection which do not or would not materially impair the use or occupancy of such property or the operation of the business conducted thereon.
Sample 1
Real Estate Encumbrances. : means (i) Encumbrances for Taxes not yet due and payable or that are being contested in good faith by appropriate procedures and for which the Company has made adequate accruals in the Company Financials in accordance with GAAP; (ii) mechanics’, carriers’, workmen’s, repairmen’s or similar statutory liens for amounts not yet due or being diligently contested in good faith in appropriate proceedings; (iii) easements, rights of way, zoning ordinances and other land use regulations by Governmental Entities; (iv) as to any leased property, any Encumbrance to which the underlying fee estate in such real property is subject; and (v) any other conditions that would be disclosed by a current, accurate survey or physical inspection which do not or would not materially impair the use or occupancy of such property or the operation of the business conducted thereon.
Sample 1

Related to Real Estate Encumbrances

  • 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.

  • Real Property Interests means all interests in real property of whatever nature, including easements, whether as owner or holder of a Security Interest, lessor, sublessor, lessee, sublessee or otherwise.

  • Permitted Encumbrances means:

  • Blanket encumbrance means a trust deed or mortgage or any other lien or encumbrance,

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

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

  • 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 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.

  • Encumbrances means any mortgages, pledges, liens, security interests, conditional and installment sale agreements, activity and use limitations, conservation easements, deed restrictions, encumbrances and charges of any kind.

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

  • Real Properties means the real property owned by the Borrower or any of its Subsidiaries.

  • Permitted Encumbrance means, with respect to any Mortgaged Property, such exceptions to title as are set forth in the Mortgage Policy delivered with respect thereto, all of which exceptions must be acceptable to the Administrative Agent in its reasonable discretion.

  • 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.

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

  • 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.

  • 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.

  • Title V means Title V of the federal Act for the Senior Community Service Employment Program for Older Americans.

  • Real Property means, collectively, all right, title and interest (including any leasehold, mineral or other estate) in and to any and all parcels of or interests in real property owned or leased by any Person, whether by lease, license or other means, together with, in each case, all easements, hereditaments and appurtenances relating thereto, all improvements and appurtenant fixtures and equipment, all general intangibles and contract rights and other property and rights incidental to the ownership, lease or operation thereof.

  • Permitted Liens means, with respect to any Person:

  • 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.

  • Mortgaged Real Property means (a) each Real Property identified on Schedule 1.01(a) hereto and (b) each Real Property, if any, which shall be subject to a Mortgage delivered after the Original Closing Date pursuant to Section 5.11(d) or pursuant to Section 5.11(d) of the Original Credit Agreement or the Prior Credit Agreement.

  • Subject Properties has the meaning specified in Section 5.13(a).

  • Leased Properties have the meaning set forth in Section 3.16 herein.

  • Owned Properties has the meaning set forth in Section 3.16.

  • 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.

  • 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.