Example ContractsClausesAfter Acquired Real Property
After Acquired Real Property
After Acquired Real Property contract clause examples
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Real Property. (i) Set forth on Part I of [Schedule 4.01(p)] hereto (as the same is supplemented or otherwise updated from time to time in accordance with the Loan Documents) is a complete and accurate list of all Real Property owned in fee by any Loan Party or any of its Subsidiaries or subject to a Qualified Ground Lease, showing as of the Closing Date, and as of each other date such [Schedule 4.01(p)] is supplemented or otherwise updated as and to the extent expressly required hereunder pursuant to [Section 5.01(j)(iv) or 5.03(i)])], the street address, state, and the record owner. As of the applicable date, each Necessary LoanBorrower Party that owns any such Real Property has good, marketable and insurable fee simple title to such Real Property, free and clear of all Liens, other than Permitted Liens.

Real Property. Except as set forth in the Registration Statement, the Prospectus and the Prospectus Supplement, the Company and each of its Subsidiaries have good and marketable title in fee simple to, or have valid rights to lease or otherwise use, all items of real or personal property which are material to the business of the Company and its Subsidiaries taken as a whole, in each case free and clear of all Liens that do not, singly or in the aggregate, materially affect the value of such property and do not interfere with the use made and proposed to be made of such property by the Company or any of its Subsidiaries; and all of the leases and subleases material to the business of the Company and its Subsidiaries, considered as one enterprise, and under which the Company or any of its subsidiaries holds properties described in the Registration Statement, the Prospectus and the Prospectus Supplement, are in full force and effect, and neither the Company nor any Subsidiary has received any notice of any material claim of any sort that has been asserted by anyone adverse to the rights of the Company or any Subsidiary under any of the leases or subleases mentioned above, or affecting or questioning the rights of the Company or such Subsidiary to the continued possession of the leased or subleased premises under any such lease or sublease.

Each Loan Party and each of its Subsidiaries owns record title in fee simple or the leasehold interest to the Real Property described on [Schedule R]-1 (as such Schedule may from time to time be updated by written notice from Administrative Loan Party to Agent, so long as Loan Parties have taken (or caused to be taken) all steps reasonably required by Agent with respect thereto), free and clear of all Liens, except Permitted Encumbrances. The Real Property described on [Schedule R]-1 (as such Schedule may from time to time be updated by written notice from Administrative Loan Party to Agent, so long as Loan Parties have taken (or caused to be taken) all steps reasonably required by Agent with respect thereto) constitutes all of the Real Property of Loan Parties.

Real Property. The land described in [Exhibit A] attached hereto (the "Land"), together with # all improvements located thereon ("Improvements"), # without warranty, all right, title and interest of Seller, if any, in and to the rights, benefits, privileges, easements, tenements, hereditaments, and appurtenances thereon or in anywise appertaining thereto, and # without warranty, all right, title, and interest of Seller, if any, in and to all strips and gores and any land lying in the bed of any street, road or alley, open or proposed, adjoining the Land (collectively, the "Real Property").

The agreements listed on [Schedule 3.1(n)] are all the material leases, easements, rights of way, licenses, common use agreements or similar agreements under which the Acquired Companies have rights to real property (together with all amendments and modifications thereto, the “Real Property Agreements”).

Real Property. If, subsequent to the Closing Date, a Loan Party (including a Person that becomes a Subsidiary Guarantor pursuant to Section 6.11(a)) shall acquire any fee-owned real property (for the avoidance of doubt which shall not include leasehold interests in any real property) having a fair market value of $10,000,000 or more (a “Material Real Property”) in the reasonable estimation of the Borrower, the Borrower shall promptly (and in any event within 10 Business Days), after any Responsible Officer of a Loan Party acquires knowledge of same, notify the Administrative Agent, each Lender and each Issuing Lender of same. The relevant Loan Party shall not be required to execute and deliver any Mortgage on such Material Real Property until # at least 60 days from the date the Borrower provided the Administrative Agent, each Lender and each Issuing Lender with prior written notice of such acquisition of such Material Real Property and # the Borrower has received confirmation from the Administrative Agent, each Lender and each Issuing Lender that flood insurance due diligence and flood insurance compliance as required by [Section 6.11(b)(ix)] hereto has been completed. As soon as practicable thereafter, but in any event within 90 days thereafter (or such later date as the Administrative Agent may agree), each Loan Party shall, and shall cause each of its Subsidiaries to, take such action at its own expense as reasonably requested by the Administrative Agent to grant to the Administrative Agent the following with respect to such Material Real Property:

Seller does not own any Real Property.

Real Property. The Company does not own any real property. All real property leased by the Company under any oral or written lease (each, a “Real Property Lease”) is described on [Schedule 4.13] (the “Leased Real Property”). The Company has a good and valid leasehold interest in all of the Leased Real Property, together with all buildings, improvements and fixtures thereon. The Real Property Leases are in full force and effect and constitute valid and binding agreements of the Company and, to the Knowledge of the Company, the other parties thereto in accordance with their terms.

Real Property. To the extent otherwise permitted hereunder, if any Credit Party intends to acquire a fee ownership interest in any real property (“Real Estate”), after the Closing Date with a fair market value in excess of $100,000, not to exceed $1,000,000 in the aggregate during the term of this Agreement, it shall use commercially reasonable efforts (the requirement to use such commercially reasonable efforts to include, to the extent applicable, the period in which the applicable Credit Party is negotiating any lease with a prospective landlord) to provide to the Administrative Agent within ninety (90) days of such acquisition (or such extended period of time as agreed to by the Administrative Agent) such security documentation as the Administrative Agent may request to cause such fee ownership interest in Real Estate to be subject at all times to a first priority, perfected Lien (subject in each case to Permitted Liens) in favor of the Administrative Agent and such other documentation as the Administrative Agent may reasonably request in connection with the foregoing, including, without limitation, title reports and opinions of counsel and to the extent available, title insurance policies, surveys, appraisals, zoning letters and environmental reports, all in form and substance reasonably satisfactory to the Administrative Agent; provided that, after the Fourth Amendment Effective Date with respect to any Replacement Parcel, the Administrative Agent shall have received appraisals and environmental reports, in each case, in form and substance reasonably satisfactory to the Administrative Agent. Following the Fourth Amendment Effective Date, no Mortgage Instrument will be recorded with respect to any Real Estate unless # the Borrowers have given the Administrative Agent and the Lenders at least forty-five (45) days’ prior written notice of its intent to record such Mortgage Instrument and # each Lender has confirmed in writing that all of its flood insurance due diligence has been completed; provided, that once all Lenders have given such confirmation, the relevant Mortgage Instrument may be recorded notwithstanding the forty-five (45) days’ written notice requirement; provided, further, that if any Lender has not given such consent prior to the end of any period whereby a Credit Party is required to have delivered or recorded a Mortgage Instrument, such period shall be deemed to have been extended until the date all such confirmations are received plus an additional ten (10) days. Notwithstanding the foregoing to the contrary, # no leasehold deeds of trust, leasehold trust deeds, leasehold deeds to secure debt or leasehold mortgages shall be required under this Agreement, and # if, as determined by the Administrative Agent in its reasonable discretion, the cost of perfecting a first priority security interest in favor of the Administrative Agent for the benefit of the Secured Parties on any real property of the Credit Parties and their Subsidiaries located in the State of New York exceeds the benefit of perfection on such property, the Administrative Agent may waive the requirements of this [Section 5.12(c)] for any such real property

Certain After-Acquired Collateral. Each Collateral Party shall # promptly notify Agent if any Collateral Party obtains an interest in any # Deposit Account or Intellectual Property, or # Chattel Paper, Document, Instrument, Investment Property or Letter-of-Credit Right, in each case to the extent such Property has an individual value in excess of $250,000 or an aggregate value of $1,000,000, and # upon request, take such actions as Agent reasonably deems appropriate to effect its perfected, first priority Lien on the Collateral (subject only to Permitted Liens), including obtaining any possession or control agreement. If Eligible Equipment constituting Collateral is in the possession of a third party, the applicable Collateral Party shall use commercially reasonable efforts to obtain a Collateral Access Agreement with respect thereto.

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