Mortgage Remedies. Nothing contained in this Agreement will prevent Lender from naming Tenant in any foreclosure or other action or proceeding initiated by Lender pursuant to the Mortgage to the extent necessary under applicable law in order for Lender to avail itself of and complete the foreclosure or other remedy.
Mortgage Remedies. Without limiting any other remedies set forth in this Lease, and also, without limiting the generality of Article XXIV hereof, if an Event of Default has occurred and is continuing (but subject to the rights of the Lessee to purchase the Leased Property pursuant to the terms and within the time periods as set forth in Section 18.1, if any), the Lessor for the benefit and at the direction of the Required Participants, may proceed by a suit or suits in equity or at law, whether for a foreclosure hereunder, or (to the extent permitted by law) for the sale of the Site, Leased Property or the other Collateral, or against the Lessee on a recourse basis for the Lease Balance and all other amounts owing by Lessee to the Administrative Agent, if any, and/or the Participants under the Operative Documents (including but without duplication, accrued and unpaid Rent), or for the specific performance of any covenant or agreement contained herein or in aid of the execution of any power granted herein, or for the appointment of a receiver pending any foreclosure hereunder or the sale of the Leased Property or the other Collateral, or for the enforcement of any other appropriate legal or equitable remedy. The Lessor shall have all rights available to a mortgagee under the laws of the State of New York. In the event that any provisions of this Lease shall be inconsistent with any Applicable Laws, the provisions of such Applicable Laws shall take precedence over such provision of this Lease, but shall not invalidate or render unenforceable any other provision of this Lease that can be construed in a manner consistent with such Applicable Laws. If any provision of this Lease shall grant the Lessor any rights or remedies upon default of the Lessee which are more limited than the rights that would otherwise be vested in the Lessor under such Applicable Laws in the absence of such provision, the Lessor shall be vested with the rights granted in such Applicable Laws to the full extent permitted by law.
Mortgage Remedies. If an Event of Default shall have occurred ----------------- and be continuing, the Lessor, at the direction of the Agent and in accordance with the Interparty Agreement, shall have the right
Mortgage Remedies. The Mortgage contains customary and enforceable provisions, subject to applicable law, so as to render the rights and remedies of the holder thereof adequate for the realization against the Mortgaged Property of the benefits of the security provided thereby including, but not limited to, (a) by judicial or non-judicial foreclosure proceedings as may be authorized by law, and
Mortgage Remedies. If a Termination Event or Cancellation Event shall occur and be continuing, the Lessor shall have all of the rights and remedies of a mortgagee under the laws of the State of Illinois, including, without limitation, all of the rights and remedies set forth in the Memorandum of Lease pertaining to this Lease to be recorded in the Public Records of Effingham County, Illinois, which are incorporated herein (subject, however, to the rights and obligations of the Lessee under Section 15(a)(ii) or 15(b)(ii), as applicable, including the right of the Lessee to elect the Sale Option or the Return Option).
Mortgage Remedies. If an Event of Default shall have occurred, Secured Party may institute a proceeding or proceedings, judicial or by such other statutory procedures available in the state in which the Collateral is located, for the complete or partial foreclosure of this Mortgage or the complete or partial sale of the Collateral under any applicable provision of law. Mortgagee may sell the Collateral, and all estate, right, title, interest, claim and demand of Mortgagor therein, and all rights of redemption thereof, at one or more sales, as an entirety or in parcels, with such elements of real and/or personal property, and at such time and place and upon such terms as it may deem expedient, or as may be required by applicable law, and in the event of a sale, by foreclosure or otherwise, of less than all of the Collateral, this Mortgage shall continue as a lien and security interest on the remaining portion of the Collateral. Subject to the requirements of applicable law and except as otherwise provided herein, the following provisions shall apply to any sale or sales of all or any portion of the Collateral under or by virtue of this subsection(h, whether made by virtue of judicial proceedings or of a judgment or decree of foreclosure and sale:
Mortgage Remedies. If an Event of Default shall have occurred, ----------------- the Trustee, or the agent or successor of Trustee, at the request of the Secured Party (acting at the direction of the Majority Funding Parties), shall sell the part of the Facility constituting real property (the "Real Property") ------------- or any part of the Real Property at one or more public sales before the main door of the courthouse in the county in which the Tennessee Premises are located, to the highest bidder for cash, and in bar of the equity of redemption, the statutory right of redemption at any time codified in T.C.A. (S) 66-8-101 et -- seq., or elsewhere, homestead, dower, and all other statutory rights of ---- redemption and any and all other rights and exemptions of every kind, all of which are hereby waived, in order to pay the Secured Amount, and all expenses of sale and of all proceedings in connection therewith, including reasonable attorneys' fees, after advertising the time, place, and terms of sale at least 3 different times in some newspaper published in the county in which the Tennessee Premises are located, the first of which publications shall be at least 20 days previous to said sale. At any such public sale, Trustee may execute a Real Property or any part of the Real Property in fee simple. In the event of any sale under this Mortgage by virtue of the exercise of the powers herein granted, or pursuant to any order in any judicial proceeding or otherwise, the Real Property may be sold in its entirety or in separate parcels and in such manner or order as the Secured Party in its sole discretion may elect, and if the Secured Party so elects, the Trustee may sell the personal property covered by this Mortgage at one or more separate sales in any manner permitted by the Uniform Commercial Code of the State of Tennessee, and one or more exercises of the powers herein granted shall not extinguish or exhaust such powers, until the entire Facility is sold or the Secured Amount is paid in full. If the Secured Amount is now or hereafter further secured by any chattel mortgages, pledges, contracts of guaranty, assignments of lease, or other security instruments, the Secured Party at its option may exhaust the remedies granted under any of said security instruments either concurrently or independently, and in such order as the Secured Party may determine. Any sale may be adjourned by the Trustee, or its agent or successors, and reset at a later day without additional publicat...
Mortgage Remedies. With respect to each Facility, the memorandum of lease with respect thereto shall include mortgage remedies which are reasonable and customary in the jurisdiction in which the Applicable Site is located, which shall include, without limitation, the right of the Lessor to sell the part of the Facility constituting real property (the "Real Property") or any part of the Real Property, pursuant to a private power of sale, authorized in such jurisdiction, or in a judicial foreclosure.
