Common use of Condemnation/Eminent Domain Clause in Contracts

Condemnation/Eminent Domain. Promptly upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, or any portion thereof, Mortgagor shall notify Mortgagee of the pendency of such proceedings. If an Event of Default occurs and is continuing, Mortgagee is hereby authorized and empowered by Xxxxxxxxx to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee as collateral to secure the payment and performance of the Indebtedness and the Obligations. Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof.

Appears in 3 contracts

Samples: Harland Financial Solutions, Inc., Harland Financial Solutions, Inc., Harland Financial Solutions, Inc.

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Condemnation/Eminent Domain. Promptly upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, or any portion thereof, Mortgagor Grantor shall notify Mortgagee Beneficiary of the pendency of such proceedings. If an Event of Default occurs and is continuing, Mortgagee Beneficiary is hereby authorized and empowered by Xxxxxxxxx Grantor to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee Beneficiary as collateral to secure the payment and performance of the Indebtedness and the Obligations. Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor Grantor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof.

Appears in 3 contracts

Samples: Harland Financial Solutions, Inc., Harland Financial Solutions, Inc., Harland Financial Solutions, Inc.

Condemnation/Eminent Domain. Promptly Immediately upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, or any portion thereof, Mortgagor shall notify Mortgagee of the pendency of such proceedings. If an Event of Default occurs and is continuing, Mortgagee is hereby authorized and empowered by Xxxxxxxxx Mortgagor to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee as collateral to secure the payment and performance of the Indebtedness and the Obligations. Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof.

Appears in 2 contracts

Samples: Credit Agreement (Doane Pet Care Co), Credit Agreement (MacDermid Group Inc.)

Condemnation/Eminent Domain. Promptly upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Trust Property, or any portion thereof, Mortgagor shall Grantor will notify Mortgagee Beneficiary of the pendency of such proceedings. If an Following and during the continuation of any Event of Default occurs and is continuingDefault, Mortgagee Beneficiary is hereby authorized and empowered by Xxxxxxxxx Grantor to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee Beneficiary as collateral to secure the payment and performance of the Indebtedness and the Obligations. Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor Grantor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith therewith, and, in a manner consistent with its reasonable business judgment and receive connection therewith, any awards or proceeds thereofthereof shall constitute Net Cash Proceeds, and shall be governed by the applicable provisions of the Credit Agreement.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Donnelley R H Inc)

Condemnation/Eminent Domain. Promptly upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, or any portion thereof, Mortgagor shall notify Mortgagee of the pendency of such proceedings. If an Event of Default occurs and is continuing, Mortgagee is hereby authorized and empowered by Xxxxxxxxx Mortgagor to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee as collateral to secure the payment and performance of the Indebtedness and the Obligations. Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof.

Appears in 1 contract

Samples: Harland Financial Solutions, Inc.

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Condemnation/Eminent Domain. Promptly Immediately upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Trust Property, or any portion thereof, Mortgagor shall Grantor will notify Mortgagee Beneficiary of the pendency of such proceedings. If an Following and during the continuation of any Event of Default occurs and is continuingDefault, Mortgagee Beneficiary is hereby authorized and empowered by Xxxxxxxxx Grantor to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee Beneficiary as collateral to secure the payment and performance of the Indebtedness and the Obligations. Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor Grantor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereofthereof (except to the extent any of the same shall constitute Net Cash Proceeds, in which case all applicable provisions of the Credit Agreement shall govern).

Appears in 1 contract

Samples: Fixture Filing and Security Agreement (National Waterworks Inc)

Condemnation/Eminent Domain. Promptly upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, or any portion thereof, Mortgagor Trustor shall notify Mortgagee Beneficiary of the pendency of such proceedings. If an Event of Default occurs and is continuing, Mortgagee Beneficiary is hereby authorized and empowered by Xxxxxxxxx Trustor to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee Beneficiary as collateral to secure the payment and performance of the Indebtedness and the Obligations. Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor Trustor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof.

Appears in 1 contract

Samples: Harland Financial Solutions, Inc.

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