Common use of Additional Mortgages, Etc Clause in Contracts

Additional Mortgages, Etc. (i) No later than forty-five (45) days following the Effective date, with respect to the Real Property Assets listed on Schedule 6.9, and (ii) from and after the Effective Date, in the event that (a) Holdings or any Subsidiary Guarantor acquires any fee interest in real property or any Material Leasehold Property or (b) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property or any Material Leasehold Property, in either case excluding any such Real Property Asset the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (b) above) then-existing senior lienholder, where Holdings and its Subsidiaries are unable, after exercising commercially reasonable efforts, to obtain such lessor’s or senior lienholder’s consent (any such non-excluded Real Property Asset described in the foregoing clause (i) or (ii) being an “Additional Mortgaged Property”), Holdings or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Appears in 1 contract

Sources: Credit Agreement (Sealy Corp)

Additional Mortgages, Etc. (i) No later than forty-five (45) days following the Effective date, with respect to the Real Property Assets listed on Schedule 6.9, and (ii) from From and after the Effective Closing Date, in ------------------------- the event that (ai) Holdings Holdings, any Borrower or any Subsidiary Guarantor acquires any fee interest in real property or any Material Leasehold Property or (bii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property (other than a corporate store) or any Material Leasehold Property, in either case excluding any such Real Property Asset the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (bii) above) then-existing senior lienholder, where Holdings and its Subsidiaries are unable, after exercising commercially reasonable efforts, to obtain such lessor’s 's or senior lienholder’s 's consent (any such non-excluded Real Property Asset described in the foregoing clause (i) or (ii) being an "Additional Mortgaged Property"), Holdings Holdings, such Borrower or such Subsidiary Guarantor Guarantor, as the case may be, shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Appears in 1 contract

Sources: Credit Agreement (Dominos Pizza Government Services Division Inc)

Additional Mortgages, Etc. (i) No later than forty-five (45) days following the Effective date, with respect to the Real Property Assets listed on Schedule 6.9, and (ii) from From and after the Effective Closing Date, in the event that (ai) Holdings or any Subsidiary Guarantor acquires any fee interest in real property, except any real property acquired or refinanced with the proceeds of any Additional Secured Indebtedness, or any Material Leasehold Property or (bii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property any Material Real Property Asset or any Material Leasehold Property, in either case excluding any such Material Real Property Asset or Material Leasehold Property the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (bii) above) then-then- existing senior lienholder, where Holdings and its Subsidiaries are unable, after exercising commercially reasonable efforts, to obtain such lessor’s 's or senior lienholder’s 's consent (any such non-excluded Material Real Property Asset described in the foregoing clause (i) or (ii) being an “Additional Mortgaged Property”"ADDITIONAL MORTGAGED PROPERTY"), Holdings or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Appears in 1 contract

Sources: Revolving Credit Agreement (Anthony Crane Holdings Capital Corp)

Additional Mortgages, Etc. (i) No later than forty-five (45) days following the Effective date, with respect to the Real Property Assets listed on Schedule 6.9, and (ii) from From and after the Effective Closing Date, in -------------------------- the event that (ai) Holdings Company or any Subsidiary Guarantor acquires any fee interest in real property or any Material Leasehold Property (other than a fee interest in a Real Property Asset or Leasehold Property with a value of $500,000 or less) or (bii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property or any Material Leasehold PropertyProperty (other than a fee interest in a Real Property Asset or Leasehold Property with a value of $500,000 or less), in either case excluding any such Real Property Asset the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (bii) above) then-existing senior lienholder, where Holdings Company and its Subsidiaries are unable, after exercising commercially reasonable efforts, unable to obtain such lessor’s 's or senior lienholder’s 's consent (any such non-excluded Real Property Asset described in the foregoing clause (i) or (ii) being an “Additional a "Mortgaged Property"), Holdings Company or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Appears in 1 contract

Sources: Credit Agreement (Aurora Foods Inc /De/)

Additional Mortgages, Etc. (i) No later than forty-five (45) days following the Effective date, with respect to the Real Property Assets listed on Schedule 6.9, and (ii) from From and after the Effective Closing Date, (x) after the completion of the Coahoma Expansion Project, or (y) in the event that (ai) Holdings Company or any Subsidiary Guarantor acquires any fee interest in real property or any Material Leasehold Property or (bii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property or any Material Leasehold Property, in either case of this clause (y) excluding any such Real Property Asset the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (bii) above) then-then- existing senior lienholder, where Holdings Company and its Subsidiaries are unable, after exercising commercially reasonable efforts, unable to obtain such lessor’s 's or senior lienholder’s 's consent (any such non-excluded Real Property Asset described in the foregoing 100 clause (ix), (y)(i) or (iiy)(ii) being an "Additional Mortgaged Property"), Holdings Company or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after (a) the completion of the Coahoma Expansion Project or (b) such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Appears in 1 contract

Sources: Credit Agreement (Isle of Capri Casinos Inc)

Additional Mortgages, Etc. (i) No later than forty-five (45) days following the Effective date, with respect to the Real Property Assets listed on Schedule 6.9, and (ii) from From and after the Effective Closing Date, in the event that (ai) Holdings Company or any Subsidiary Guarantor acquires any fee interest in real property or any Material Leasehold Property (other than a fee interest in a Real Property Asset or Leasehold Property with a value of $500,000 or less) or (bii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property or any Material Leasehold PropertyProperty (other than a fee interest in a Real Property Asset or Leasehold Property with a value of $500,000 or less), in either case excluding any such Real Property Asset the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (bii) above) then-existing senior lienholder, where Holdings Company and its Subsidiaries are unable, after exercising commercially reasonable efforts, unable to obtain such lessor’s 's or senior lienholder’s 's consent (any such non-excluded Real Property Asset described in the foregoing clause (i) or (ii) being an “Additional a "Mortgaged Property"), Holdings Company or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Appears in 1 contract

Sources: Credit Agreement (Aurora Foods Inc /De/)

Additional Mortgages, Etc. (i) No later than forty-five (45) days following the Effective date, with respect to the Real Property Assets listed on Schedule 6.9, and (ii) from From and after the Effective Closing Date, -------------------------- in the event that (ai) Holdings Company or any Subsidiary Guarantor acquires any fee interest in real property or any Material Leasehold Property (other than a fee interest in a Real Property Asset or Leasehold Property with a value of $500,000 or less) or (bii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property or any Material Leasehold PropertyProperty (other than a fee interest in a Real Property Asset or Leasehold Property with a value of $500,000 or less), in either case excluding any such Real Property Asset the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (bii) above) then-existing senior lienholder, where Holdings Company and its Subsidiaries are unable, after exercising commercially reasonable efforts, unable to obtain such lessor’s 's or senior lienholder’s 's consent (any such non-excluded Real Property Asset described in the foregoing clause (i) or (ii) being an “Additional a "Mortgaged Property"), Holdings Company or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Appears in 1 contract

Sources: Credit Agreement (Aurora Foods Inc)