Common use of Lien Absolute Clause in Contracts

Lien Absolute. ▇▇▇▇▇▇▇▇▇ acknowledges that this A&R Mortgage and a number of other Loan Documents and those documents required by the Loan Documents together secure the Indebtedness. ▇▇▇▇▇▇▇▇▇ agrees that, to the extent permitted by law, the lien of this A&R Mortgage and all obligations of ▇▇▇▇▇▇▇▇▇ hereunder shall be absolute and unconditional and shall not in any manner be affected or impaired by: (a) any lack of validity or enforceability of any portion of the Loan Agreement or any other Loan Document, any agreement with respect to any of the Indebtedness or Obligations or any other agreement or instrument relating to any of the foregoing; (b) any acceptance by Mortgagee of any security for or guarantees of any of the Indebtedness; (c) any failure, neglect or omission on the part of Mortgagee to realize upon or protect any of the Indebtedness or any of the collateral security therefor, including the Loan Documents, or due to any other circumstance that might otherwise constitute a defense available to, or a discharge of, Mortgagor in respect of the Indebtedness and Obligations hereby secured or any collateral security therefor, including the Loan Documents, or due to any other circumstance that might otherwise constitute a defense available to, or a discharge of, Mortgagor in respect of the Indebtedness or Obligations or this A&R Mortgage (other than the indefeasible payment in full in cash of all the Indebtedness and Obligations hereby secured); (d) any change in the time, manner or place of payment of, or in any other term of, all or any of the Indebtedness or Obligations; (e) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, nonperfection, renewal, extension, indulgence, alteration, exchange, modification or disposition of any of the Indebtedness or Obligations hereby secured or of any of the collateral security therefor; (f) any amendment or waiver of or any consent to any departure from the Loan Agreement or any other Loan Documents or of any guaranty thereof, if any, and Mortgagee may in its discretion foreclose, exercise any power of sale, or exercise any other remedy available to it under any or all of the Loan Documents without first exercising or enforcing any of its rights and remedies hereunder; and (g) any exercise of the rights or remedies of Mortgagee hereunder or under any or all of the Loan Documents.

Lien Absolute. ▇▇▇▇▇▇▇▇▇ Grantor acknowledges that this A&R Mortgage Security Instrument and a number of other Loan Documents and those documents required by the Loan Documents together secure the Indebtedness. ▇▇▇▇▇▇▇▇▇ Grantor agrees that, to the extent permitted by law, the lien of this A&R Mortgage Security Instrument and all obligations of ▇▇▇▇▇▇▇▇▇ Grantor hereunder shall be absolute and unconditional and shall not in any manner be affected or impaired by: (a) any lack of validity or enforceability of any portion of the Loan Agreement or any other Loan Document, any agreement with respect to any of the Indebtedness or Obligations or any other agreement or instrument relating to any of the foregoing; (b) any acceptance by Mortgagee Lender of any security for or guarantees of any of the Indebtedness; (c) any failure, neglect or omission on the part of Mortgagee Lender to realize upon or protect any of the Indebtedness or any of the collateral security therefor, including the Loan Documents, or due to any other circumstance that which might otherwise constitute a defense available to, or a discharge of, Mortgagor Grantor in respect of the Indebtedness and Obligations hereby secured or any collateral security therefor, including the Loan Documents, or due to any other circumstance that which might otherwise constitute a defense available to, or a discharge of, Mortgagor Grantor in respect of the Indebtedness or Obligations or this A&R Mortgage Security Instrument (other than the indefeasible payment in full in cash of all the Indebtedness and Obligations hereby secured); (d) any change in the time, manner or place of payment of, or in any other term of, all or any of the Indebtedness or Obligations; (e) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, nonperfection, renewal, extension, indulgence, alteration, exchange, modification or disposition of any of the Indebtedness or Obligations hereby secured or of any of the collateral security therefor; (f) any amendment or waiver of or any consent to any departure from the Loan Agreement or any other Loan Documents or of any guaranty thereof, if any, and Mortgagee Lender may in its discretion foreclose, exercise any power of sale, or exercise any other remedy available to it under any or all of the Loan Documents without first exercising or enforcing any of its rights and remedies hereunder; and (g) any exercise of the rights or remedies of Mortgagee Lender hereunder or under any or all of the Loan Documents.

Lien Absolute. ▇▇▇▇▇▇▇▇▇ acknowledges that this A&R Mortgage and a number WAIVER OF SURETYSHIP DEFENSES 7.1 Lien Absolute, Waivers All rights of other Loan Documents and those documents required by the Loan Documents together secure the Indebtedness. ▇▇▇▇▇▇▇▇▇ agrees thatCollateral Trustee hereunder, to the extent permitted by law, the lien of this A&R Mortgage and all obligations of ▇▇▇▇▇▇▇▇▇ hereunder Grantors hereunder, shall be absolute and unconditional irrespective of, shall not be affected by, and shall remain in full force and effect without regard to, and hereby waives all, rights, claims or defenses that it might otherwise have (now or in the future) with respect to, in each case, each of the following (whether or not in any manner be affected or impaired by: such Grantor has knowledge thereof): (ai) any lack of the validity or enforceability of any portion of the Loan Agreement Existing Indenture or any other Loan Secured Debt Document, any of the Secured Obligations or any guarantee or right of offset with respect thereto at any time or from time to time held by any Secured Party; (ii) any renewal, extension or acceleration of, or any increase in the amount of the Secured Obligations, or any amendment, supplement, modification or waiver of, or any consent to departure from, the Secured Debt Documents; (iii) any failure or omission to assert or enforce or agreement or election not to assert or enforce, delay in enforcement, or the stay or enjoining, by order of court, by operation of law or otherwise, of the exercise or enforcement of, any claim or demand or any right, power or remedy (whether arising under any Secured Debt Document, at law, in equity or otherwise) with respect to the Secured Obligations or any agreement relating thereto, or with respect to any other guaranty of or security for the payment of the Indebtedness or Obligations or any other agreement or instrument relating to any of the foregoing; (b) any acceptance by Mortgagee of any security for or guarantees of any of the Indebtedness; (c) any failure, neglect or omission on the part of Mortgagee to realize upon or protect any of the Indebtedness or any of the collateral security therefor, including the Loan Documents, or due to any other circumstance that might otherwise constitute a defense available to, or a discharge of, Mortgagor in respect of the Indebtedness and Obligations hereby secured or any collateral security therefor, including the Loan Documents, or due to any other circumstance that might otherwise constitute a defense available to, or a discharge of, Mortgagor in respect of the Indebtedness or Obligations or this A&R Mortgage (other than the indefeasible payment in full in cash of all the Indebtedness and Obligations hereby secured); (d) any change in the time, manner or place of payment of, or in any other term of, all or any of the Indebtedness or Secured Obligations; (e) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, nonperfection, renewal, extension, indulgence, alteration, exchange, modification or disposition of any of the Indebtedness or Obligations hereby secured or of any of the collateral security therefor; (f) any amendment or waiver of or any consent to any departure from the Loan Agreement or any other Loan Documents or of any guaranty thereof, if any, and Mortgagee may in its discretion foreclose, exercise any power of sale, or exercise any other remedy available to it under any or all of the Loan Documents without first exercising or enforcing any of its rights and remedies hereunder; and (g) any exercise of the rights or remedies of Mortgagee hereunder or under any or all of the Loan Documents.

Lien Absolute. ▇▇▇▇▇▇▇▇▇ acknowledges To the extent that the obligations secured under this Pledge Agreement constitute obligations other than those of Grantor, Grantor agrees that this A&R Mortgage is a guaranty of payment and a number performance and not of other Loan Documents and those documents required by the Loan Documents together secure the Indebtednesscollection. ▇▇▇▇▇▇▇▇▇ Grantor agrees thatthat all rights of Secured Party hereunder, to the extent permitted by law, the lien of this A&R Mortgage and all obligations of ▇▇▇▇▇▇▇▇▇ hereunder Grantor hereunder, shall be primary, absolute and unconditional and shall not in any manner be affected or impaired byirrespective of: (a) any lack of validity or enforceability of any portion of the Loan Agreement of, or any other Loan Documentfuture amendment of, any agreement with respect to any of or change in, the Indebtedness or Obligations Preferred Certificate, the 2003-1 Trust Agreement, the Fee Letter or any other agreement or instrument relating to governing or evidencing any of the foregoingObligations; (b) any acceptance by Mortgagee of any security for or guarantees of any of the Indebtedness; (c) any failure, neglect or omission on the part of Mortgagee to realize upon or protect any of the Indebtedness or any of the collateral security therefor, including the Loan Documents, or due to any other circumstance that might otherwise constitute a defense available to, or a discharge of, Mortgagor in respect of the Indebtedness and Obligations hereby secured or any collateral security therefor, including the Loan Documents, or due to any other circumstance that might otherwise constitute a defense available to, or a discharge of, Mortgagor in respect of the Indebtedness or Obligations or this A&R Mortgage (other than the indefeasible payment in full in cash of all the Indebtedness and Obligations hereby secured); (d) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Indebtedness Obligations, or Obligations; (e) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, nonperfection, renewal, extension, indulgence, alteration, exchange, modification or disposition of any of the Indebtedness or Obligations hereby secured or of any of the collateral security therefor; (f) any other amendment or waiver of or any consent to any departure from the Loan Preferred Certificate, the 2003-1 Trust Agreement, the Fee Letter, this Pledge Agreement or any other Loan Documents agreement or instrument governing or evidencing any Obligations; (c) any exchange, release or non-perfection of any guaranty thereof, if any, and Mortgagee may in its discretion foreclose, exercise any power of saleCollateral, or exercise any action, or the absence of any action, by Secured Party in respect thereof (including, without limitation, the release or amendment or waiver of or consent to departure from any guaranty, for all or any of the Obligations); (d) the insolvency of Grantor; (e) the absence of any action to enforce this Pledge Agreement or the waiver or consent by Secured Party with respect to any of the provisions hereof; (f) any extension or waiver for the performance of, or compliance with, any term, covenant or agreement on its part to be performed or observed under the Preferred Certificate, the 2003-1 Trust Agreement, the Fee Letter or any other remedy available agreement or instrument governing or evidencing any of the Obligations, or any waiver of such performance or compliance or consent to it a failure of, or departure from, such performance of compliance, for any obligor under any or all of the Loan Documents without first exercising or enforcing any of its rights and remedies hereunder; andforegoing; (g) release anyone who may be liable in any exercise manner for the payment of the rights any amounts owed by Grantor to Secured Party; (h) any other circumstance which might otherwise constitute a legal or remedies equitable discharge or defense available to, or a discharge of Mortgagee hereunder a surety or under any or all of the Loan Documentsguarantor.

Lien Absolute. ▇▇▇▇▇▇▇▇▇ Borrower acknowledges that this A&R Mortgage Security Instrument and a number of other Loan Documents and those documents required by the Loan Documents together secure the Indebtedness. ▇▇▇▇▇▇▇▇▇ Borrower agrees that, to the extent permitted by law, the lien of this A&R Mortgage Security Instrument and all obligations of ▇▇▇▇▇▇▇▇▇ Borrower hereunder shall be absolute and unconditional and shall not in any manner be affected or impaired by: (a) any lack of validity or enforceability of any portion of the Loan Agreement or any other Loan Document, any agreement with respect to any of the Indebtedness or Obligations or any other agreement or instrument relating to any of the foregoing; (b) any acceptance by Mortgagee Lender of any security for or guarantees of any of the Indebtedness;; MORTGAGE, ASSIGNMENT OF RENTS AND LEASES, COLLATERAL ASSIGNMENT OF PROPERTY AGREEMENTS, (c) any failure, neglect or omission on the part of Mortgagee Lender to realize upon or protect any of the Indebtedness or any of the collateral security therefor, including the Loan Documents, or due to any other circumstance that which might otherwise constitute a defense available to, or a discharge of, Mortgagor Borrower in respect of the Indebtedness and Obligations hereby secured or any collateral security therefor, including the Loan Documents, or due to any other circumstance that might otherwise constitute a defense available to, or a discharge of, Mortgagor Borrower in respect of the Indebtedness or Obligations or this A&R Mortgage Security Instrument (other than the indefeasible payment in full in cash of all the Indebtedness and Obligations hereby secured); (d) any change in the time, manner or place of payment of, or in any other term of, all or any of the Indebtedness or Obligations; (e) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, nonperfection, renewal, extension, indulgence, alteration, exchange, modification or disposition of any of the Indebtedness or Obligations hereby secured or of any of the collateral security therefor; (f) any amendment or waiver of or any consent to any departure from the Loan Agreement or any other Loan Documents or of any guaranty thereof, if any, and Mortgagee Lender may in its discretion foreclose, exercise any power of sale, or exercise any other remedy available to it under any or all of the Loan Documents without first exercising or enforcing any of its rights and remedies hereunder; and (g) any exercise of the rights or remedies of Mortgagee Lender hereunder or under any or all of the Loan Documents.

Lien Absolute. ▇▇▇▇▇▇▇▇▇ acknowledges To the extent that the obligations secured under this Pledge Agreement constitute obligations other than those of Grantors, each Grantor agrees that this A&R Mortgage is a guaranty of payment and a number performance and not of other Loan Documents and those documents required by collection, limited in recourse to Secured Party's rights in respect of the Loan Documents together secure the Indebtedness. ▇▇▇▇▇▇▇▇▇ agrees that, Collateral except with respect to the extent permitted by lawdirect obligations of Grantors set forth herein. Each Grantor agrees that all rights of Secured Party hereunder, the lien of this A&R Mortgage and all obligations of ▇▇▇▇▇▇▇▇▇ hereunder such Grantor hereunder, shall be primary, absolute and unconditional and shall not in any manner be affected or impaired byirrespective of: (a) any lack of validity or enforceability of of, or any portion future amendment of, or change in, any of the Loan Agreement or any other Loan Document, any agreement with respect to any of the Indebtedness or Obligations Documents or any other agreement or instrument relating to governing or evidencing any of the foregoingObligations; (b) any acceptance by Mortgagee of any security for or guarantees of any of the Indebtedness; (c) any failure, neglect or omission on the part of Mortgagee to realize upon or protect any of the Indebtedness or any of the collateral security therefor, including the Loan Documents, or due to any other circumstance that might otherwise constitute a defense available to, or a discharge of, Mortgagor in respect of the Indebtedness and Obligations hereby secured or any collateral security therefor, including the Loan Documents, or due to any other circumstance that might otherwise constitute a defense available to, or a discharge of, Mortgagor in respect of the Indebtedness or Obligations or this A&R Mortgage (other than the indefeasible payment in full in cash of all the Indebtedness and Obligations hereby secured); (d) any change in the time, manner or place of payment of, or in any other term of, all or any part of the Indebtedness Obligations, or Obligations; (e) any release (except as to the property released), sale, pledge, surrender, compromise, settlement, nonperfection, renewal, extension, indulgence, alteration, exchange, modification or disposition of any of the Indebtedness or Obligations hereby secured or of any of the collateral security therefor; (f) any other amendment or waiver of or any consent to any departure from the Loan Agreement or any other Loan Documents or of any guaranty thereof, if any, and Mortgagee may in its discretion foreclose, exercise any power of sale, or exercise any other remedy available to it under any or all of the Loan Documents or any other agreement or instrument governing or evidencing any Obligations; (c) any exchange, release or non-perfection of any Collateral, or any action, or the absence of any action, by Secured Party in respect thereof (including, without first exercising limitation, the release or enforcing amendment or waiver of or consent to departure from any guaranty, for all or any of the Obligations); (d) the insolvency of either Grantor; (e) the absence of any action to enforce this Pledge Agreement or the waiver or consent by Secured Party with respect to any of the provisions hereof; (f) any extension or waiver for the performance of, or compliance with, any term, covenant or agreement on its rights and remedies hereunderpart to be performed or observed under the Loan Documents or any other agreement or instrument governing or evidencing any of the Obligations, or any waiver of such performance or compliance or consent to a failure of, or departure from, such performance of compliance, for any obligor under any of the foregoing; (g) the release of anyone who may be liable in any manner for the payment of any of the Obligations; and (gh) any exercise other circumstance which might otherwise constitute a legal or equitable discharge or defense available to, or a discharge of the rights a surety or remedies of Mortgagee hereunder or under any or all of the Loan Documentsguarantor.