Common use of Limited License Clause in Contracts

Limited License. Beneficiary hereby grants to Grantor a limited license (the “License”) subject to termination of the License and the other terms and provisions of Section 4, to exercise and enjoy all incidences of the status of a lessor with respect to the Rents and Leases, including the right to collect, demand, xxx for, attach, levy, recover and receive the Rents, and to give proper receipts, releases and acquittances therefor. Grantor hereby agrees to lawfully receive all Rents and hold the same as Beneficiary’s agent (for the limited purposes set forth herein) to be applied, and to apply the Rents so collected, first to the payment of the Tranche A Notes, next to the performance and discharge of the Liabilities, and next to the payment of any operating expenses of the Property. Thereafter, Grantor may use the balance of the Rents collected in any manner not inconsistent with this Deed of Trust, the Credit Agreement and the Other Documents. Neither this assignment nor the receipt of Rents by Beneficiary (except to the extent, if any, that the Rents are actually applied to the Tranche A Notes by Beneficiary upon and after such receipt) shall effect a pro tanto payment of the debt evidenced by the Tranche A Notes, and such Rents shall be applied as provided in Section 4.4 below. Furthermore, and notwithstanding the provisions of Section 4.4, no credit shall be given by Beneficiary for any Rents until the money collected is actually received by Beneficiary at its principal office, or at such other place as Beneficiary shall designate in writing, and no such credit shall be given for any Rents after termination of the License, after foreclosure or other transfer of the Property (or part thereof from which Rents are derived pursuant to this Deed of Trust) to Beneficiary or any other third party.

Appears in 4 contracts

Samples: Security Agreement and Fixture Filing (Radnor Holdings Corp), Security Agreement and Fixture Filing (Radnor Holdings Corp), Security Agreement and Fixture Filing (Radnor Holdings Corp)

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Limited License. Beneficiary hereby grants to Grantor a limited license (the “License”) subject to termination of the License and the other terms and provisions of Section 4, to exercise and enjoy all incidences of the status of a lessor with respect to the Rents and Leases, including the right to collect, demand, xxx for, attach, levy, recover and receive the Rents, and to give proper receipts, releases and acquittances therefor. Grantor hereby agrees to lawfully receive all Rents and hold the same as Beneficiary’s agent (for the limited purposes set forth herein) to be applied, and to apply the Rents so collected, first to the payment of the Tranche A Notes, next to the performance and discharge of the Liabilities, and next to the payment of any operating expenses of the PropertyOperating Expenses. Thereafter, Grantor may use the balance of the Rents collected in any manner not inconsistent with this Deed of Trust, the Credit Agreement Indenture and the Other Documents. Neither this assignment nor the receipt of Rents by Beneficiary (except to the extent, if any, that the Rents are actually applied to the Tranche A Notes by Beneficiary upon and after such receipt) shall effect a pro tanto payment of the debt evidenced by the Tranche A Notes, and such Rents shall be applied as provided in Section 4.4 below. Furthermore, and notwithstanding the provisions of Section 4.4, no credit shall be given by Beneficiary for any Rents until the money collected is actually received by Beneficiary at its principal office, or at such other place as Beneficiary shall designate in writing, and no such credit shall be given for any Rents after termination of the License, after foreclosure or other transfer of the Property (or part thereof from which Rents are derived pursuant to this Deed of Trust) to Beneficiary or any other third party.

Appears in 4 contracts

Samples: Styrochem U S LTD, Styrochem U S LTD, Styrochem U S LTD

Limited License. Beneficiary hereby grants to Grantor Lessee shall have the right under a limited license (the "License") subject which may be revoked by Lessor pursuant to termination of the License and the other terms and provisions of Section 47.1, to exercise and enjoy collect upon, but not prior to accrual, all incidences of the status of a lessor with respect to the Rents and LeasesLessee shall receive the Rents and hold the same, including as well as the right and license to collect, demand, xxx for, attach, levy, recover and receive the Rents, and to give proper receipts, releases and acquittances therefor. Grantor hereby agrees to lawfully receive all Rents and hold the same as Beneficiary’s agent (for the limited purposes set forth herein) a trust fund to be applied, and Lessee hereby covenants to apply the Rents so collectedRents, first to the payment, satisfaction and discharge of the Obligations then due, including specifically, but without limitation, to the payment of taxes and assessments upon the Tranche A NotesProperty before payment of penalty or interest are due thereon, next to the performance cost of such insurance then due, maintenance and discharge repairs as may be required by the terms of the Liabilities, Security Documents and next in satisfaction of all obligations under the Tenant Leases then due; all prior to the payment of any operating expenses application by Lessee of the PropertyRents for any other purposes. The License shall also include the right of Lessee to execute, deliver, perform, enforce, alter, modify, change or supplement the terms of the Tenant Leases and to surrender, cancel or terminate such Tenant Leases without the prior written consent of Lessor except for any of the Tenant Leases executed, modified or supplemented after the date hereof whose term (including any possible extensions on the part of the applicable Tenant) extends beyond the Term of the Lease. Thereafter, Grantor so long as there exists no Event of Default hereunder or under any of the Security Documents, Lessee may use the balance of the Rents collected in any manner not inconsistent with this Deed of Trust, the Credit Agreement and the Other Security Documents. Neither this assignment nor Upon the receipt sale and conveyance by Lessor or its successors or assigns of Rents by Beneficiary (except the title to the extentProperty, if anyall right, that title, interest and power granted under the Rents are actually applied License granted herein shall be automatically continued subject to the Tranche A Notes by Beneficiary upon terms and after such receipt) shall effect a pro tanto payment conditions of the debt evidenced by the Tranche A Notes, Lease and such Rents shall be applied as provided in Section 4.4 below. Furthermore, and notwithstanding the provisions of Section 4.4, no credit shall be given by Beneficiary for any Rents until the money collected is actually received by Beneficiary at its principal office, or at such other place as Beneficiary shall designate in writing, and no such credit shall be given for any Rents after termination of the License, after foreclosure or other transfer of the Property (or part thereof from which Rents are derived pursuant to this Deed of Trust) to Beneficiary or any other third partySecurity Documents.

Appears in 3 contracts

Samples: Agreement (Integrated Living Communities Inc), Lease Agreement (Integrated Living Communities Inc), Consent and Agreement (Grand Court Lifestyles Inc)

Limited License. Beneficiary Lender hereby grants to Grantor a limited license (Borrower the License”) subject to termination of the License and the other terms and provisions of Section 4, to exercise and enjoy all incidences of the status of a lessor with respect to the Rents and Leases, including the right to collect, demand, xxx for, attach, levy, recover and receive the Rents, and to give proper receipts, releases and acquittances therefor. Grantor Borrower hereby agrees to lawfully receive all Rents and Revenues and hold the same on behalf of Lender as Beneficiary’s agent (for the limited purposes set forth herein) Lender's Agent to be applied, and to apply the Rents and Revenues so collected, first to the payment of the Tranche A NotesIndebtedness, next to the performance and discharge of the Liabilities, Obligations and next to the payment of any operating expenses of the PropertyOperating Expenses. Thereafter, Grantor Borrower may use the balance of the Rents and Revenues collected in any manner not inconsistent consistent with this Deed of Trust, the Credit Agreement and the Other Loan Documents. Neither this assignment Assignment nor the receipt of Rents and Revenues by Beneficiary Lender (except to the extent, if any, that the Rents and Revenues are actually applied to the Tranche A Notes Indebtedness by Beneficiary Lender upon and after such receipt) shall effect a pro tanto payment of the debt evidenced by the Tranche A NotesIndebtedness, and such Rents and Revenues shall be applied as provided in Section 4.4 belowthis Section. Furthermore, and notwithstanding the provisions of Section 4.4this Section, no credit shall be given by Beneficiary Lender for any Rents and Revenues until the money constituting Rents and Revenues collected is actually received by Beneficiary Lender at its principal officethe address in the opening paragraph of this Assignment, or at such other place as Beneficiary Lender shall designate in writing, and no such credit shall be given for any Rents and Revenues collected or released after termination of the License, after foreclosure or other transfer of the Mortgaged Property (or part thereof from which Rents and Revenues are derived pursuant to this Deed of TrustAssignment) to Beneficiary Lender or any other third party.

Appears in 2 contracts

Samples: Assignment of Rents And (Owens Realty Mortgage, Inc.), Owens Realty Mortgage, Inc.

Limited License. Beneficiary hereby grants to Grantor Lessee shall have the right under a limited license --------------- (the "License") subject which may be revoked by Assignee pursuant to termination of the License and the other terms and provisions of Section 47.1, to exercise and enjoy collect upon, but not prior to accrual, all incidences of the status of a lessor with respect to the Rents and LeasesLessee shall receive the Rents and hold the same, including as well as the right and license to collect, demand, xxx for, attach, levy, recover and receive the Rents, and to give proper receipts, releases and acquittances therefor. Grantor hereby agrees to lawfully receive all Rents and hold the same as Beneficiary’s agent (for the limited purposes set forth herein) a trust fund to be applied, and Lessee hereby covenants to apply the Rents so collectedRents, first to the payment, satisfaction and discharge of the Obligations then due, including specifically, but without limitation, to the payment of taxes and assessments upon the Tranche A NotesProperty before payment of penalty or interest are due thereon, next to the performance cost of such insurance then due, maintenance and discharge repairs as may be required by the terms of the Liabilities, Security Documents and next in satisfaction of all obligations of Assignor under the Tenant Leases then due; all prior to the payment of any operating expenses application by Assignor of the PropertyRents for any other purposes. The License shall also include the right of Assignor to execute, deliver, perform, enforce, alter, modify, change or supplement the terms of the Tenant Leases and to surrender, cancel or terminate such Tenant Leases without the prior written consent of Assignee except for any of the Tenant Leases executed, modified or supplemented after the date hereof whose term (including any possible extensions on the part of the applicable Tenant) extends beyond the Term of the Lease. Thereafter, Grantor so long as there exists no Event of Default hereunder or under any of the Security Documents, Assignor may use the balance of the Rents collected in any manner not inconsistent with this Deed of Trust, the Credit Agreement and the Other Security Documents. Neither this assignment nor Upon the receipt sale and conveyance by Assignee or its successors or assigns of Rents by Beneficiary (except the title to the extentProperty, if anyall right, that title, interest and power granted under the Rents are actually applied License granted herein shall be automatically continued subject to the Tranche A Notes by Beneficiary upon terms and after such receipt) shall effect a pro tanto payment conditions of the debt evidenced by the Tranche A Notes, Lease and such Rents shall be applied as provided in Section 4.4 below. Furthermore, and notwithstanding the provisions of Section 4.4, no credit shall be given by Beneficiary for any Rents until the money collected is actually received by Beneficiary at its principal office, or at such other place as Beneficiary shall designate in writing, and no such credit shall be given for any Rents after termination of the License, after foreclosure or other transfer of the Property (or part thereof from which Rents are derived pursuant to this Deed of Trust) to Beneficiary or any other third partySecurity Documents.

Appears in 2 contracts

Samples: Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\)

Limited License. Beneficiary Administrative Agent hereby grants to Grantor Borrower a limited license (the “License”) subject to termination of the License and the other terms and provisions of Section 4hereof, to (i) exercise and enjoy all incidences of the status of a lessor with respect to the Rents and LeasesRents, including without limitation, the right to collect, demand, xxx sue for, attach, levy, recover recover, and receive the Rents, and to give proper receipts, releases releases, and acquittances therefortherefore, and (ii) collect, demand, sue for, attach, levy, recover, and receive the Receivables, and to give proper receipts, releases, and acquittances therefore. Grantor Xxxxxxxx hereby agrees to lawfully receive collect and retain all Rents Revenues and hold the same as Beneficiary’s agent (for the limited purposes set forth herein) to be applied, and to apply the Rents so collected, Revenues collected by Borrower first to the payment of the Tranche A Notes, Secured Indebtedness (to the extent then due and payable) next to payment of Operating Expenses and next to the performance and discharge of the Liabilities, and next Obligations (to the payment of any operating expenses of the Propertyextent then due). Thereafter, Grantor Borrower may use the balance of the Rents Revenues collected in any manner not inconsistent with this Deed of Trust, the Credit Agreement and the Other Loan Documents. Neither this assignment Assignment nor the receipt of Rents Revenues by Beneficiary (except to the extent, if any, that the Rents are actually applied to the Tranche A Notes by Beneficiary upon and after such receipt) Administrative Agent shall effect a pro tanto payment of the debt evidenced by by, or arising under the Tranche A NotesSecured Indebtedness, and such Rents Revenues shall be applied as provided in this Section 4.4 below4.2. Furthermore, and notwithstanding the provisions of this Section 4.44.2, no credit shall be given by Beneficiary Administrative Agent for any Rents Revenues until the money collected is actually received by Beneficiary Administrative Agent at its principal officeoffice in Dallas, Texas, or at such other place as Beneficiary Administrative Agent shall designate in writing, and no such credit shall be given for any Rents Revenues after termination of the License, after foreclosure or other transfer of the Property (or part thereof from which Rents Revenues are derived pursuant to this the Deed of Trust) to Beneficiary Administrative Agent or any other third party, except to the extent Administrative Agent actually applies such Revenues to the Secured Indebtedness.

Appears in 1 contract

Samples: Behringer Harvard Short Term Opportunity Fund I Lp

Limited License. Beneficiary hereby grants to Grantor a limited --------------- license (the "License") subject to termination of the License and the other ------- terms and provisions of Section 47.1 (h) hereof, to exercise and enjoy all --------------- incidences of the status of a lessor with respect to the Rents and LeasesRents, including without limitation, the right to collect, demand, xxx for, attach, levy, recover recover, and receive the Rents, and to give proper receipts, releases releases, and acquittances therefor. Grantor hereby agrees to lawfully receive all Rents and hold the same as Beneficiary’s agent (for the limited purposes set forth herein) a trust fund to be applied, and to apply the Rents so collected, first to the payment of the Tranche A NotesIndebtedness, next to the performance and discharge of the LiabilitiesObligations, and next to the payment of any operating expenses of the PropertyOperating Expenses. Thereafter, Grantor may use the balance of the Rents collected in any manner not inconsistent with this Deed of Trust, the Credit Agreement and the Other Loan Documents. Neither this assignment Assignment nor the receipt of Rents by Beneficiary (except to the extent, if any, that the Rents are actually applied to the Tranche A Notes by Beneficiary upon and after such receipt) shall effect a pro tanto payment of the debt indebtedness evidenced by by, --- ----- or arising under the Tranche A NotesIndebtedness, and such Rents shall be applied as provided in this Section 4.4 below9.2. Furthermore, and notwithstanding the provisions of this ----------- Section 4.49.2, no credit shall be given by Beneficiary for any Rents until the ----------- money collected is actually received by Beneficiary at its principal officeoffice in Dallas, Texas, or at such other place as Beneficiary shall designate in writing, and no such credit shall be given for any Rents after termination of the License, after foreclosure or other transfer of the Mortgaged Property (or part thereof from which Rents are derived pursuant to this Deed of Trust) to Beneficiary or any other third party.

Appears in 1 contract

Samples: Cellstar Corp

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Limited License. Beneficiary hereby grants to Grantor Lessee shall have the right under a limited --------------- license (the "License") subject which may be revoked by Assignee pursuant to termination of the License and the other terms and provisions of Section 47.1, to exercise and enjoy collect upon, but not prior to accrual, all incidences of the status of a lessor with respect to the Rents and LeasesLessee shall receive the Rents and hold the same, including as well as the right and license to collect, demand, xxx for, attach, levy, recover and receive the Rents, and to give proper receipts, releases and acquittances therefor. Grantor hereby agrees to lawfully receive all Rents and hold the same as Beneficiary’s agent (for the limited purposes set forth herein) a trust fund to be applied, and Lessee hereby covenants to apply the Rents so collectedRents, first to the payment, satisfaction and discharge of the Obligations then due, including specifically, but without limitation, to the payment of taxes and assessments upon the Tranche A NotesProperty before payment of penalty or interest are due thereon, next to the performance cost of such insurance then due, maintenance and discharge repairs as may be required by the terms of the Liabilities, Security Documents and next in satisfaction of all obligations of Assignor under the Tenant Leases then due; all prior to the payment of any operating expenses application by Assignor of the PropertyRents for any other purposes. The License shall also include the right of Assignor to execute, deliver, perform, enforce, alter, modify, change or supplement the terms of the Tenant Leases and to surrender, cancel or terminate such Tenant Leases without the prior written consent of Assignee except for any of the Tenant Leases executed, modified or supplemented after the date hereof whose term (including any possible extensions on the part of the applicable Tenant) extends beyond the Term of the Lease. Thereafter, Grantor so long as there exists no Event of Default hereunder or under any of the Security Documents, Assignor may use the balance of the Rents collected in any manner not inconsistent with this Deed of Trust, the Credit Agreement and the Other Security Documents. Neither this assignment nor Upon the receipt sale and conveyance by Assignee or its successors or assigns of Rents by Beneficiary (except the title to the extentProperty, if anyall right, that title, interest and power granted under the Rents are actually applied License granted herein shall be automatically continued subject to the Tranche A Notes by Beneficiary upon terms and after such receipt) shall effect a pro tanto payment conditions of the debt evidenced by the Tranche A Notes, Lease and such Rents shall be applied as provided in Section 4.4 below. Furthermore, and notwithstanding the provisions of Section 4.4, no credit shall be given by Beneficiary for any Rents until the money collected is actually received by Beneficiary at its principal office, or at such other place as Beneficiary shall designate in writing, and no such credit shall be given for any Rents after termination of the License, after foreclosure or other transfer of the Property (or part thereof from which Rents are derived pursuant to this Deed of Trust) to Beneficiary or any other third partySecurity Documents.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Limited License. Beneficiary Lender hereby grants to Grantor Borrower a limited license (the “License”"LICENSE") subject to termination of the License and the other terms and provisions of Section 4, to exercise and enjoy all incidences of the status of a lessor with respect to of the Rents Leases and Leasesthe Rents, including without limitation, the right to collect, demand, xxx for, attach, levy, recover recover, and receive the Rents, and to give proper receipts, releases releases, and acquittances therefor. Grantor Borrower hereby agrees to lawfully receive all Rents and hold the same as Beneficiary’s agent (for the limited purposes set forth herein) a trust fund to be applied, and to apply the Rents so collected, first to the payment of the Tranche A NotesIndebtedness, next to the payment of the Impositions, and then to the performance and discharge of the Liabilities, and next to the payment of any operating expenses of the PropertyObligations. Thereafter, Grantor Borrower may use the balance of the Rents Rent collected in any manner not inconsistent with this Deed the Loan Documents. From and after the occurrence of Trustan Event of Default and so long as such Event of Default shall be continuing (whether or not Lender shall have exercised Lender's option to declare the Note immediately due and payable), the Credit Agreement and the Other DocumentsLicense shall be revoked. Neither this assignment Assignment nor the receipt of Rents by Beneficiary (except to the extent, if any, that the Rents are actually applied to the Tranche A Notes by Beneficiary upon and after such receipt) Lender shall effect a pro tanto PRO TANTO payment of the debt indebtedness evidenced by by, or arising under the Tranche A NotesIndebtedness, and such Rents shall be applied as provided in Section 4.4 belowthis SECTION 9.2. Furthermore, and notwithstanding the provisions of this Section 4.49.2, no credit shall be given by Beneficiary Lender for any Rents until the money collected is actually received by Beneficiary at its principal office, or at such other place as Beneficiary shall designate in writingLender, and no such credit shall be given for any Rents after termination of the License, after foreclosure or other transfer of the Mortgaged Property (or part thereof from which Rents are derived pursuant to this Deed of TrustLien Instrument) to Beneficiary Lender or any other third party.

Appears in 1 contract

Samples: Behringer Harvard Short Term Opportunity Fund I Lp

Limited License. Beneficiary hereby grants to Grantor Lessee shall have the right under a limited ---------------- license (the "License") subject which may be revoked by Assignee pursuant to termination of the License and the other terms and provisions of Section 47.1, to exercise and enjoy collect upon, but not prior to accrual, all incidences of the status of a lessor with respect to the Rents and LeasesLessee shall receive the Rents and hold the same, including as well as the right and license to collect, demand, xxx for, attach, levy, recover and receive the Rents, and to give proper receipts, releases and acquittances therefor. Grantor hereby agrees to lawfully receive all Rents and hold the same as Beneficiary’s agent (for the limited purposes set forth herein) a trust fund to be applied, and Lessee hereby covenants to apply the Rents so collectedRents, first to the payment, satisfaction and discharge of the Obligations then due, including specifically, but without limitation, to the payment of taxes and assessments upon the Tranche A NotesProperty before payment of penalty or interest are due thereon, next to the performance cost of such insurance then due, maintenance and discharge repairs as may be required by the terms of the Liabilities, Security Documents and next in satisfaction of all obligations of Assignor under the Tenant Leases then due; all prior to the payment of any operating expenses application by Assignor of the PropertyRents for any other purposes. The License shall also include the right of Assignor to execute, deliver, perform, enforce, alter, modify, change or supplement the terms of the Tenant Leases and to surrender, cancel or terminate such Tenant Leases without the prior written consent of Assignee except for any of the Tenant Leases executed, modified or supplemented after the date hereof whose term (including any possible extensions on the part of the applicable Tenant) extends beyond the Term of the Lease. Thereafter, Grantor so long as there exists no Event of Default hereunder or under any of the Security Documents, Assignor may use the balance of the Rents collected in any manner not inconsistent with this Deed of Trust, the Credit Agreement and the Other Security Documents. Neither this assignment nor Upon the receipt sale and conveyance by Assignee or its successors or assigns of Rents by Beneficiary (except the title to the extentProperty, if anyall right, that title, interest and power granted under the Rents are actually applied License granted herein shall be automatically continued subject to the Tranche A Notes by Beneficiary upon terms and after such receipt) shall effect a pro tanto payment conditions of the debt evidenced by the Tranche A Notes, Lease and such Rents shall be applied as provided in Section 4.4 below. Furthermore, and notwithstanding the provisions of Section 4.4, no credit shall be given by Beneficiary for any Rents until the money collected is actually received by Beneficiary at its principal office, or at such other place as Beneficiary shall designate in writing, and no such credit shall be given for any Rents after termination of the License, after foreclosure or other transfer of the Property (or part thereof from which Rents are derived pursuant to this Deed of Trust) to Beneficiary or any other third party.Security Documents. 3.2

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

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