Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures and real property leases, letting and licenses of, and contracts, and agreements relating to the lease of, real property, and the terms of this Agreement shall control in the case of all other Collateral.
Appears in 25 contracts
Samples: Credit Agreement (J Crew Group Inc), Security Agreement (J Crew Group Inc), First Lien Security Agreement (Advantage Solutions Inc.)
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures Fixtures and real property estate leases, letting and licenses of, and contracts, contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall control in the case of all other Collateral.
Appears in 22 contracts
Samples: Credit Agreement (Osi Restaurant Partners, LLC), Credit Agreement (OUTFRONT Media Inc.), Security Agreement (Activision Blizzard, Inc.)
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures and real property leases, letting and licenses of, and contracts, and agreements relating to the lease of, real propertyFixtures, and the terms of this Agreement shall control in the case of all other Collateral.
Appears in 11 contracts
Samples: Pledge and Security Agreement (CF Industries Holdings, Inc.), Pledge and Security Agreement (CF Industries Holdings, Inc.), Security Agreement (Ugi Corp /Pa/)
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures Fixtures and real property estate leases, letting and licenses of, and contracts, and agreements relating to the lease of, real property, and the terms of this Agreement shall control in the case of all other Collateral.
Appears in 9 contracts
Samples: Security Agreement (Dominion Textile (Usa), L.L.C.), Security Agreement (Performance Food Group Co), Security Agreement (Dominion Textile (Usa), L.L.C.)
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a any Mortgage and the terms thereof of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control be controlling in the case of fixtures Fixtures and real property estate leases, letting and licenses of, and contracts, contracts and agreements relating to the lease of, real propertyproperty covered by such Mortgage, and the terms of this Agreement shall control be controlling in the case of all other Collateral.
Appears in 6 contracts
Samples: Pledge and Security Agreement (NewLake Capital Partners, Inc.), Pledge and Security Agreement (Spansion Inc.), Credit Agreement (Amylin Pharmaceuticals Inc)
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a any Mortgage and the terms thereof of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control be controlling in the case of fixtures and real property estate leases, letting and licenses of, and contracts, contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall control be controlling in the case of all other Collateral.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Kinetic Concepts Inc /Tx/), Security Agreement (Affinia Group Holdings Inc.), Security Agreement (RBC Bearings INC)
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Security Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures and real property leases, letting and licenses of, and contracts, and agreements relating to the lease of, real property, and the terms of this Security Agreement shall control in the case of all other Collateral.
Appears in 4 contracts
Samples: Security Agreement (Alliance Holdings GP, L.P.), Security Agreement, Security Agreement (Alliance Resource Partners Lp)
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures Fixtures and real property Real Estate leases, letting and licenses of, and contracts, and agreements relating to the lease of, real propertyReal Estate, and the terms of this Agreement shall control in the case of all other Collateral.
Appears in 3 contracts
Samples: Credit Agreement (Surgery Partners, Inc.), Credit Agreement (Surgery Partners, Inc.), Credit Agreement (YRC Worldwide Inc.)
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures Fixtures and real property Real Estate Asset leases, letting and licenses of, and contracts, and agreements relating to the lease of, real propertyReal Estate Assets, and the terms of this Agreement shall control in the case of all other Collateral.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Fusion Connect, Inc.), Pledge and Security Agreement (Fusion Connect, Inc.), Pledge and Security Agreement (Fusion Connect, Inc.)
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage any mortgage and the terms thereof of such mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage mortgage shall control be controlling in the case of fixtures and real property estate leases, letting and licenses of, and contracts, contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall control be controlling in the case of all other Collateral.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Us Industries Inc /De), Pledge and Security Agreement (Us Industries Inc /De)
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures and real property leases, letting and licenses of, and contracts, and agreements relating to the lease of, real property, and the terms of this Agreement shall control in the case of all other Collateral.. Section 8.19
Appears in 2 contracts
Samples: Security Agreement (eHealth, Inc.), Security Agreement (eHealth, Inc.)
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures Fixtures and real property estate leases, letting and licenses of, and contracts, and agreements relating to the lease of, real propertyestate, and the terms of this Agreement shall control in the case of all other Collateral.
Appears in 2 contracts
Samples: Term Pledge and Security Agreement (Entegris Inc), Abl Pledge and Security Agreement (Entegris Inc)
Mortgages. In the event that any of the Collateral hereunder --------- is also subject to a valid and enforceable Lien under the terms of a Mortgage any mortgage and the terms thereof of such mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage mortgage shall control be controlling in the case of fixtures and real property leases, letting and licenses of, and contracts, contracts and agreements relating to to, the lease of, of real property, and the terms of this Agreement shall control be controlling in the case of all other Collateral.
Appears in 1 contract
Samples: Security Agreement (Commercial Aggregates Transportation & Sales LLC)
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures Fixtures and real property estate asset leases, letting and licenses of, and contracts, and agreements relating to the lease of, real propertyestate asset, and the terms of this Agreement shall control in the case of all other Collateral.. [Signature Pages Follow]
Appears in 1 contract
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures Fixtures and real property estate leases, letting and licenses of, NEWYORK 8663622 (2K) and contracts, contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall control in the case of all other Collateral.
Appears in 1 contract
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a any Mortgage and the terms thereof of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control be controlling in the case of fixtures Fixtures and real property leases, letting and licenses of, and contracts, contracts and agreements relating to the lease of, of real property, and the terms of this Agreement shall control be controlling in the case of all other Collateral.
Appears in 1 contract
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a any Mortgage and the terms thereof of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control be controlling, in the case of fixtures and real property estate leases, letting and licenses of, and contracts, contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall control be controlling in the case of all other Collateral.
Appears in 1 contract
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures Fixtures and real property estate leases, letting and licenses of, and contracts, contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall control in the case of all other Collateral.. 29
Appears in 1 contract
Samples: Credit Agreement (Communications Sales & Leasing, Inc.)
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a any Mortgage and the terms thereof of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control be controlling in the case of fixtures and real property estate leases, letting and licenses of, and contracts, contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall control be controlling in the case of all other Collateral.. Security Agreement
Appears in 1 contract
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures Fixtures and real property estate leases, letting and licenses of, and contracts, contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall control in the case of all other Collateral. SECTION 5.19.
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Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures Fixtures and real property estate leases, letting and licenses of, and contractscon-tracts, and agreements relating to the lease of, real propertyReal Property, and the terms of this Agreement shall control in the case of all other Collateral.
Appears in 1 contract
Samples: Assignment and Assumption (Performance Food Group Co)
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures Fixtures and real property estate asset leases, letting and licenses of, and contracts, and agreements relating to the lease of, real propertyestate asset, and the terms of this Agreement shall control in the case of all other Collateral.
Appears in 1 contract
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage (if any) and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures and real property leases, letting and licenses of, and contracts, and agreements relating to the lease of, real property, and the terms of this Agreement shall control in the case of all other Collateral.. [SIGNATURE PAGES FOLLOW] 21
Appears in 1 contract
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures Fixtures and real property Real Estate Asset leases, letting and licenses of, and contracts, and agreements relating to the lease of, real propertyReal Estate Assets, and the terms of this Agreement shall control in the case of all other Collateral. SECTION 6.25.
Appears in 1 contract
Samples: Senior Pledge and Security Agreement
Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage any mortgage and the terms thereof of such mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage mortgage shall control be controlling in the case of fixtures Fixtures and real property estate leases, letting and licenses of, and contracts, contracts and agreements relating to the lease of, real propertyproperty covered by such mortgage, and the terms of this Agreement shall control be controlling in the case of all other Collateral.
Appears in 1 contract
