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 28 contracts
Sources: Collateral Agreement (EVERTEC, Inc.), Term Loan Security Agreement (Allegro Microsystems Inc), Revolving Facility Security Agreement (Allegro Microsystems 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 24 contracts
Sources: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.), Credit 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 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
Sources: Credit Agreement (Ugi Corp /Pa/), Pledge and Security Agreement (CF Industries Holdings, Inc.), Revolving Credit Agreement (CF Industries Holdings, 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 property, and the terms of this Agreement shall control in the case of all other Collateral.
Appears in 9 contracts
Sources: Security Agreement (Versum Materials, Inc.), Credit Agreement (Performance Food Group Co), Credit Agreement (W R Grace & 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 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
Sources: Pledge and Security Agreement (NewLake Capital Partners, Inc.), Pledge and Security Agreement (Spansion Inc.), Second Lien Pledge and Security Agreement (Cenveo, 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
Sources: Security Agreement (RBC Bearings INC), Abl Credit Agreement (Affinia Group Holdings Inc.), Guarantee and Collateral Agreement (Kinetic Concepts Inc /Tx/)
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 4 contracts
Sources: Second Lien Pledge and Security Agreement (Fusion Connect, Inc.), First Lien Pledge and Security Agreement (Fusion Connect, Inc.), Super Senior 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 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
Sources: Credit Agreement (Alliance Resource Partners Lp), Credit Agreement (Alliance Resource Partners Lp), Credit Agreement (Alliance Holdings GP, L.P.)
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 3 contracts
Sources: Term Pledge and Security Agreement, 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 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
Sources: First Lien Credit Agreement (Surgery Partners, Inc.), Second Lien 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 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
Sources: 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 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 2 contracts
Sources: Pledge and Security Agreement (Entegris Inc), 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 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
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 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.. - 36 - Term Loan Security Agreement
Appears in 1 contract
Sources: 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
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.
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
Sources: 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 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 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, 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 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
Sources: 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 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