Common use of Title to the Properties Clause in Contracts

Title to the Properties. Borrower shall warrant and defend (a) its title to the Properties and every part thereof, subject only to Permitted Encumbrances and (b) the validity and priority of the Lien of the Mortgage, the Assignment of Leases and this Agreement on the Properties, subject only to Permitted Encumbrances, in each case against the claims of all Persons whomsoever. Borrower shall reimburse Agent and Lenders for any losses, out-of-pocket costs, damages or out-of-pocket expenses (including reasonable attorneys’ fees and court costs) incurred by Agent or any Lenders if an interest in any Property, other than as permitted hereunder, is claimed by another Person, other than a Person claiming by, through or under Agent (on behalf of Lenders).

Appears in 3 contracts

Sources: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)

Title to the Properties. Borrower shall Borrowers will warrant and defend (a) its the title to the Properties and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances Encumbrances), and (b) the validity and priority of the Lien of the Mortgage, Mortgage and the Assignment of Leases and this Agreement on the PropertiesLeases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower Borrowers shall reimburse Agent and Lenders Lender for any losses, out-of-pocket costs, damages or out-of-pocket expenses (including reasonable attorneys’ fees and court costs) incurred by Agent or any Lenders Lender if an interest in the Properties or any Propertypart thereof, other than as permitted hereunder, is claimed by another Person, other than a Person claiming by, through or under Agent (on behalf of Lenders).

Appears in 3 contracts

Sources: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)

Title to the Properties. Borrower shall The Borrowers will warrant and defend (a) its the title to the Properties and every part thereof, subject only to Liens permitted hereunder (including Permitted Encumbrances Encumbrances), and (b) the validity and priority of the Lien Liens of the Mortgage, Mortgages and the Assignment Assignments of Leases and this Agreement on the PropertiesLeases, subject only to Liens permitted hereunder (including Permitted Encumbrances), in each case against the claims of all Persons whomsoever. Borrower The Borrowers shall reimburse the Agent and Lenders the Lender for any losses, out-of-pocket costs, damages or out-of-pocket expenses (including reasonable attorneys’ fees and court costs) incurred by the Agent or any Lenders the Lender if an interest in any Propertythe Properties, other than as permitted hereunder, is claimed by another Person, other than a Person claiming by, through or under Agent (on behalf of Lenders).

Appears in 1 contract

Sources: Loan Agreement (Plymouth Industrial REIT Inc.)