Common use of Multi-site Collateral Clause in Contracts

Multi-site Collateral. If (a) the Mortgaged Property shall consist of one or more parcels, whether or not contiguous and whether or not located in the same county or city, (b) in addition to this Mortgage, the Mortgagee shall now or hereafter hold or be the mortgagee or beneficiary of one or more additional mortgages, liens, deeds of trust or other security (directly or indirectly) securing the Guaranteed Obligations upon other property in the State in which the Mortgaged Property is located (whether or not such property is owned by the Entity, Agency or by others) or (c) both the circumstances described in clauses (a) and (b) shall be true, then to the fullest extent permitted by Applicable Law, the Mortgagee may, at its election, commence or consolidate in a single sale or foreclosure action all sale or foreclosure proceedings against all such collateral securing the Guaranteed Obligations (including, without limitation, the Mortgaged Property), which action may be brought or consolidated in the courts of, or sale conducted in, any county or city in which any of such collateral is located. The Entity and the Agency acknowledge that the right to maintain a consolidated sale or foreclosure action is a specific inducement to the Mortgagee to extend the Guaranteed Obligations, and the Entity and the Agency expressly and irrevocably waive any objections to the commencement or consolidation of the foreclosure proceedings in a single action and any objections to the laying of venue or based on the grounds of forum non conveniens which it may now or hereafter have. The Entity and the Agency further agree that if the Mortgagee shall be prosecuting one or more foreclosure or other proceedings against a portion of the Mortgaged Property or against any collateral other than the Mortgaged Property, which collateral directly or indirectly secures the Guaranteed Obligations, or if the Mortgagee shall have obtained a judgment of foreclosure and sale or similar judgment against such collateral (or, in the case of a sale, shall have met the statutory requirements therefor with respect to such collateral), then, whether or not such proceedings are being maintained or judgments were obtained in or outside the State in which the Mortgaged Property are located, the Mortgagee may commence or continue any sale or foreclosure proceedings and exercise its other remedies granted in this Mortgage against all or any part of the Mortgaged Property and the Entity and the Agency waive any objections to the commencement or continuation of a foreclosure of this Mortgage or exercise of any other remedies hereunder based on such other proceedings or judgments, and waive any right to seek to dismiss, stay, remove, transfer or consolidate either any action under this Mortgage or such other proceedings on such basis. The commencement or continuation of proceedings to sell the Mortgaged Property in a sale, to foreclose this Mortgage or the exercise of any other rights hereunder or the recovery of any judgment by the Mortgagee or the occurrence of any sale by the Mortgagee in any such proceedings shall not prejudice, limit or preclude the Mortgagee's right to commence or continue one or more sales, foreclosure or other proceedings or obtain a judgment against (or, in the case of a sale, to meet the statutory requirements for, any such sale of) any other collateral (either in or outside the State in which the Mortgaged Property is located) which directly or indirectly secures the Guaranteed Obligations, and the Entity and the Agency expressly waive any objections to the commencement of, continuation of, or entry of a judgment in such other sales or proceedings or exercise of any remedies in such sales or proceedings based upon any action or judgment connected to this Mortgage, and the Entity and the Agency also waive any right to seek to dismiss, stay, remove, transfer or consolidate either such other sales or proceedings or any sale or action under this Mortgage on such basis.

Appears in 2 contracts

Samples: Oneida LTD, Oneida LTD

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Multi-site Collateral. If (a) the Mortgaged Property shall consist of one or more parcels, whether or not contiguous and whether or not located in the same county or city, (b) in addition to this Mortgage, the Mortgagee shall now or hereafter hold or be the mortgagee or beneficiary of one or more additional mortgages, liens, deeds of trust or other security (directly or indirectly) securing the Guaranteed Obligations upon other property in the State in which the Mortgaged Property is located (whether or not such property is owned by the Entity, Agency Mortgagor or by others) or (c) both the circumstances described in clauses (a) and (b) shall be true, then to the fullest extent permitted by Applicable Law, the Mortgagee may, at its election, commence or consolidate in a single sale or foreclosure action all sale or foreclosure proceedings against all such collateral securing the Guaranteed Obligations (including, without limitation, the Mortgaged Property), which action may be brought or consolidated in the courts of, or sale conducted in, any county or city in which any of such collateral is located. The Entity and the Agency acknowledge Mortgagor acknowledges that the right to maintain a consolidated sale or foreclosure action is a specific inducement to the Mortgagee to extend the Guaranteed Obligations, and the Entity and the Agency Mortgagor expressly and irrevocably waive waives any objections to the commencement or consolidation of the foreclosure proceedings in a single action and any objections to the laying of venue or based on the grounds of forum non conveniens which it may now or hereafter have. The Entity and the Agency Mortgagor further agree agrees that if the Mortgagee shall be prosecuting one or more foreclosure or other proceedings against a portion of the Mortgaged Property or against any collateral other than the Mortgaged Property, which collateral directly or indirectly secures the Guaranteed Obligations, or if the Mortgagee shall have obtained a judgment of foreclosure and sale or similar judgment against such collateral (or, in the case of a sale, shall have met the statutory requirements therefor with respect to such collateral), then, whether or not such proceedings are being maintained or judgments were obtained in or outside the State in which the Mortgaged Property are located, the Mortgagee may commence or continue any sale or foreclosure proceedings and exercise its other remedies granted in this Mortgage against all or any part of the Mortgaged Property and the Entity and the Agency waive Mortgagor waives any objections to the commencement or continuation of a foreclosure of this Mortgage or exercise of any other remedies hereunder based on such other proceedings or judgments, and waive waives any right to seek to dismiss, stay, remove, transfer or consolidate either any action under this Mortgage or such other proceedings on such basis. The commencement or continuation of proceedings to sell the Mortgaged Property in a sale, to foreclose this Mortgage or the exercise of any other rights hereunder or the recovery of any judgment by the Mortgagee or the occurrence of any sale by the Mortgagee in any such proceedings shall not prejudice, limit or preclude the Mortgagee's right to commence or continue one or more sales, foreclosure or other proceedings or obtain a judgment against (or, in the case of a sale, to meet the statutory requirements for, any such sale of) any other collateral (either in or outside the State in which the Mortgaged Property is located) which directly or indirectly secures the Guaranteed Obligations, and the Entity and the Agency Mortgagor expressly waive waives any objections to the commencement of, continuation of, or entry of a judgment in such other sales or proceedings or exercise of any remedies in such sales or proceedings based upon any action or judgment connected to this Mortgage, and the Entity and the Agency Mortgagor also waive waives any right to seek to dismiss, stay, remove, transfer or consolidate either such other sales or proceedings or any sale or action under this Mortgage on such basis.

Appears in 2 contracts

Samples: Oneida LTD, Oneida LTD

Multi-site Collateral. If (a) the Mortgaged Property real property shall consist of one or more parcels, whether or not contiguous and whether or not located in the same county or city, or (b) in addition to this Mortgage, the Mortgagee shall now or hereafter hold or be the mortgagee or beneficiary of one or more additional mortgages, liens, deeds of trust or other security (directly or indirectly) securing the Guaranteed Obligations Indebtedness upon other property in the State in which the Mortgaged Property real property is located (whether or not such property is owned by the Entity, Agency Mortgagor or by others) or (c) both the circumstances described in clauses (a) and (b) shall be true, then to the fullest extent permitted by Applicable Lawlaw, the Mortgagee may, at its election, commence or consolidate in a single trustee’s sale or foreclosure action all trustee’s sale or foreclosure proceedings against all such collateral securing the Guaranteed Obligations Indebtedness (including, without limitation, including the Mortgaged Property), which action may be brought or consolidated in the courts of, or sale conducted in, any county or city in which any of such collateral is located. The Entity and the Agency acknowledge Mortgagor acknowledges that the right to maintain a consolidated trustee’s sale or foreclosure action is a specific inducement to the Mortgagee to extend the Guaranteed ObligationsIndebtedness, and the Entity and the Agency Mortgagor expressly and irrevocably waive waives any objections to the commencement or consolidation of the foreclosure proceedings in a single action and any objections to the laying of venue or based on the grounds of forum non conveniens which it may now or hereafter have. The Entity and the Agency Mortgagor further agree agrees that if the Mortgagee shall be prosecuting one or more foreclosure foreclosures or other proceedings against a portion of the Mortgaged Property or against any collateral other than the Mortgaged Property, which collateral directly or indirectly secures the Guaranteed ObligationsIndebtedness, or if the Mortgagee shall have obtained a judgment of foreclosure and sale or similar judgment against such collateral (or, in the case of a trustee’s sale, shall have met the statutory requirements therefor with respect to such collateral), then, whether or not such proceedings are being maintained or judgments were obtained in or outside the State in which the Mortgaged Property real property are located, the Mortgagee may commence or continue any trustee’s sale or foreclosure proceedings and exercise its other remedies granted in this Mortgage against all or any part of the Mortgaged Property and the Entity and the Agency waive Mortgagor waives any objections to the commencement or continuation of a foreclosure of this Mortgage or exercise of any other remedies hereunder based on such other proceedings or judgments, and waive waives any right to seek to dismiss, stay, remove, transfer or consolidate either any action under this Mortgage or such other proceedings on such basis. The commencement or continuation of proceedings to sell the Mortgaged Property in a trustee’s sale, to foreclose this Mortgage or the exercise of any other rights hereunder or the recovery of any judgment by the Mortgagee or the occurrence of any sale by the Mortgagee in any such proceedings shall not prejudice, limit or preclude the Mortgagee's ’s right to commence or continue one or more trustee’s sales, foreclosure or other proceedings or obtain a judgment against (or, in the case of a trustee’s sale, to meet the statutory requirements for, any such sale of) any other collateral (either in or outside the State in which the Mortgaged Property real property is located) which directly or indirectly secures the Guaranteed ObligationsIndebtedness, and the Entity and the Agency Mortgagor expressly waive waives any objections to the commencement of, continuation of, or entry of a judgment in such other sales or proceedings or exercise of any remedies in such sales or proceedings based upon any action or judgment connected to this MortgageMortgagee, and the Entity and the Agency Mortgagor also waive waives any right to seek to dismiss, stay, remove, transfer or consolidate either such other sales or proceedings or any sale or action under this Mortgage on such basis.. It is expressly understood and agreed that to the fullest extent permitted by law, Mortgagee may, at its election, cause the sale of all collateral which is the subject of a single trustee’s sale or foreclosure action at either a single sale or at multiple sales conducted simultaneously and take such other measures as are appropriate in order to effect the agreement of the parties to dispose of and administer all collateral securing the Indebtedness (directly or indirectly) in the most economical and least time consuming manner. THE PROVISIONS OF THIS MORTGAGE REGARDING THE CREATION, PERFECTION AND ENFORCEMENT OF THE LIENS AND SECURITY INTERESTS HEREIN GRANTED SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE IN WHICH THE MORTGAGED PROPERTY IS LOCATED. ALL OTHER PROVISIONS OF THIS MORTGAGE AND THE RIGHTS AND OBLIGATIONS OF MORTGAGOR AND MORTGAGEE SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO THE CONFLICT OF LAWS PRINCIPLES THEREOF SIGNATURES APPEAR ON FOLLOWING PAGE IN WITNESS WHEREOF, the undersigned, by its duly elected officer and pursuant to proper has duly executed, sealed, acknowledged and delivered this instrument as of the day and year first above written. Mortgagor: [ ], a [ ] By: Name: Title: By: Name: Title: State of ) County of )

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vca Antech Inc)

Multi-site Collateral. If (a) the Mortgaged Real Property shall consist of one or more parcels, whether or not contiguous and whether or not located in the same county or city, or (b) in addition to this MortgageDeed of Trust, the Mortgagee Beneficiary shall now or hereafter hold or be the mortgagee or beneficiary of one or more additional mortgages, liens, deeds of trust or other security (directly or indirectly) securing the Guaranteed Obligations Secured Indebtedness upon other property in the State in which the Mortgaged Real Property is located (whether or not such property is owned by the Entity, Agency Grantor or by others) or (c) both the circumstances described in clauses (a) and (b) shall be true, then to the fullest extent permitted by Applicable Lawlaw, the Mortgagee Trustee or Beneficiary, as applicable, may, at its Beneficiary's election, commence or consolidate in a single trustee's sale or foreclosure action all trustee's sale or foreclosure proceedings against all such collateral securing the Guaranteed Obligations Secured Indebtedness (including, without limitation, including the Mortgaged Trust Property), which action may be brought or consolidated in the courts of, or sale conducted in, any county or city in which any of such collateral is located. The Entity and the Agency acknowledge Grantor acknowledges that the right to maintain a consolidated trustee's sale or foreclosure action is a specific inducement to the Mortgagee Beneficiary to extend the Guaranteed ObligationsSecured Indebtedness, and the Entity and the Agency Grantor expressly and irrevocably waive waives any objections to the commencement or consolidation of the foreclosure proceedings in a single action and any objections to the laying of venue or based on the grounds of forum non conveniens which it may now or hereafter have. The Entity and the Agency Grantor further agree agrees that if the Mortgagee Beneficiary or Trustee, as applicable, shall be prosecuting one or more foreclosure or other proceedings against a portion of the Mortgaged Trust Property or against any collateral other than the Mortgaged Trust Property, which collateral directly or indirectly secures the Guaranteed ObligationsSecured Indebtedness, or if the Mortgagee Beneficiary or Trustee, as applicable, shall have obtained a judgment of foreclosure and sale or similar judgment against such collateral (or, in the case of a trustee's sale, shall have met the statutory requirements therefor with respect to such collateral), then, whether or not such proceedings are being maintained or judgments were obtained in or outside the State in which the Mortgaged Real Property are is located, the Mortgagee Beneficiary or Trustee, as applicable, may commence or continue any trustee's sale or foreclosure proceedings and exercise its other remedies granted in this Mortgage Deed of Trust against all or any part of the Mortgaged Trust Property and the Entity and the Agency waive Grantor waives any objections to the commencement or continuation of a foreclosure of this Mortgage Deed of Trust or exercise of any other remedies hereunder based on such other proceedings or judgments, and waive waives any right to seek to dismiss, stay, remove, transfer or consolidate either any action under this Mortgage Deed of Trust or such other proceedings on such basis. The commencement or continuation of proceedings to sell the Mortgaged Trust Property in a trustee's sale, to foreclose this Mortgage Deed of Trust or the exercise of any other rights hereunder or the recovery of any judgment by the Mortgagee Beneficiary or Trustee, as applicable, or the occurrence of any sale by the Mortgagee Beneficiary or Trustee, as applicable, in any such proceedings shall not prejudice, limit or preclude the MortgageeBeneficiary's or Trustee's, as applicable, right to commence or continue one or more trustee's sales, foreclosure or other proceedings or obtain a judgment against (or, in the case of a trustee's sale, to meet the statutory requirements for, any such sale of) any other collateral (either in or outside the State in which the Mortgaged Real Property is located) which directly or indirectly secures the Guaranteed ObligationsSecured Indebtedness, and the Entity and the Agency Grantor expressly waive waives any objections to the commencement of, continuation of, or entry of a judgment in such other sales or proceedings or exercise of any remedies in such sales or proceedings based upon any action or judgment connected to this MortgageDeed of Trust, and the Entity and the Agency Grantor also waive waives any right to seek to dismiss, stay, remove, transfer or consolidate either such other sales or proceedings or any sale or action under this Mortgage Deed of Trust on such basis. It is expressly understood and agreed that to the fullest extent permitted by law, Beneficiary or Trustee, as applicable, may, at Beneficiary's election, cause the sale of all collateral which is the subject of a single trustee's sale or foreclosure action at either a single sale or at multiple sales conducted simultaneously and take such other measures as are appropriate in order to effect the agreement of the parties to dispose of and administer all collateral securing the Secured Indebtedness (directly or indirectly) in the most economical and least time-consuming manner.

Appears in 1 contract

Samples: Security and Pledge Agreement (Guilford Mills Inc)

Multi-site Collateral. If (a) the Mortgaged Property shall consist of one or more parcels, whether or not contiguous and whether or not located in the same county or city, (b) in addition to this Mortgage, the Mortgagee shall now or hereafter hold or be the mortgagee or beneficiary of one or more additional mortgages, liens, deeds of trust or other security (directly or indirectly) securing the Guaranteed Obligations upon other property in the State in which the Mortgaged Property is located (whether or not such property is owned by the Entity, Agency Mortgagor or by others) or (c) both the circumstances described in clauses (a) and (b) shall be true, then to the fullest extent permitted by Applicable Law, the Mortgagee may, at its election, commence or consolidate in a single sale or foreclosure action all sale or foreclosure proceedings against all such collateral securing the Guaranteed Obligations (including, without limitation, the Mortgaged Property), which action may be brought or consolidated in the courts of, or sale conducted in, any county or city in which any of such collateral is located. The Entity and the Agency acknowledge Mortgagor acknowledges that the right to maintain a consolidated sale or foreclosure action is a specific inducement to the Mortgagee to extend the Guaranteed Obligations, and the Entity and the Agency Mortgagor expressly and irrevocably waive waives any objections to the commencement or consolidation of the foreclosure proceedings in a single action and any objections to the laying of venue or based on the grounds of forum non conveniens which it may now or hereafter have. The Entity and the Agency Mortgagor further agree agrees that if the Mortgagee shall be prosecuting one or more foreclosure or other proceedings against a portion of the Mortgaged Property or against any collateral other than the Mortgaged Property, which collateral directly or indirectly secures the Guaranteed Obligations, or if the Mortgagee shall have obtained a judgment of foreclosure and sale or similar judgment against such collateral (or, in the case of a sale, shall have met the statutory requirements therefor with respect to such collateral), then, whether or not such proceedings are being maintained or judgments were obtained in or outside the State in which the Mortgaged Property are located, the Mortgagee may commence or continue any sale or foreclosure proceedings and exercise its other remedies granted in this Mortgage against all or any part of the Mortgaged Property and the Entity and the Agency waive Mortgagor waives any objections to the commencement or continuation of a foreclosure of this Mortgage or exercise of any other remedies hereunder based on such other proceedings or judgments, and waive waives any right to seek to dismiss, stay, remove, transfer or consolidate either any action under this Mortgage or such other proceedings on such basis. The commencement or continuation of proceedings to sell the Mortgaged Property in a sale, to foreclose this Mortgage or the exercise of any other rights hereunder or the recovery of any judgment by the Mortgagee or the occurrence of any sale by the Mortgagee in any such proceedings shall not prejudice, limit or preclude the Mortgagee's right to commence or continue one or more sales, foreclosure or other proceedings or obtain a judgment against (or, in the case of a sale, to meet the statutory requirements for, any such sale of) any other collateral (either in or outside the State in which the Mortgaged Property is located) which directly or indirectly secures the Guaranteed Obligations, and the Entity and the Agency Mortgagor expressly waive waives any objections to the commencement of, continuation of, or entry of a judgment in such other sales or proceedings or exercise of any remedies in such sales or proceedings based upon any action or judgment connected to this Mortgage, and the Entity and the Agency Mortgagor also waive waives any right to seek to dismiss, stay, remove, transfer or consolidate either such other sales or proceedings or any sale or action under this Mortgage on such basis.

Appears in 1 contract

Samples: Oneida LTD

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Multi-site Collateral. If (a) the Mortgaged Real Property shall consist of one or more parcels, whether or not contiguous and whether or not located in the same county or city, or (b) in addition to this Mortgage, the Mortgagee shall now or hereafter hold or be the mortgagee or beneficiary of one or more additional mortgages, liens, deeds of trust or other security (directly or indirectly) securing the Guaranteed Obligations Secured Indebtedness upon other property in the State in which the Mortgaged Real Property is located (whether or not such property is owned by the Entity, Agency Mortgagor or by others) or (c) both the circumstances described in clauses (a) and (b) shall be true, then to the fullest extent permitted by Applicable Lawlaw, the Mortgagee may, at its election, commence or consolidate in a single trustee's sale or foreclosure action all trustee's sale or foreclosure proceedings against all such collateral securing the Guaranteed Obligations Secured Indebtedness (including, without limitation, including the Mortgaged Property), which action may be brought or consolidated in the courts of, or sale conducted in, any county or city in which any of such collateral is located. The Entity and the Agency acknowledge Mortgagor acknowledges that the right to maintain a consolidated trustee's sale or foreclosure action is a specific inducement to the Mortgagee to extend the Guaranteed ObligationsSecured Indebtedness, and the Entity and the Agency Mortgagor expressly and irrevocably waive waives any objections to the commencement or consolidation of the foreclosure proceedings in a single action and any objections to the laying of venue or based on the grounds of forum non conveniens which it may now or hereafter have. The Entity and the Agency Mortgagor further agree agrees that if the Mortgagee shall be prosecuting one or more foreclosure or other proceedings against a portion of the Mortgaged Property or against any collateral other than the Mortgaged Property, which collateral directly or indirectly secures the Guaranteed ObligationsSecured Indebtedness, or if the Mortgagee shall have obtained a judgment of foreclosure and sale or similar judgment against such collateral (or, in the case of a trustee's sale, shall have met the statutory requirements therefor with respect to such collateral), then, whether or not such proceedings are being maintained or judgments were obtained in or outside the State in which the Mortgaged Real Property are located, the Mortgagee may commence or continue any trustee's sale or foreclosure proceedings and exercise its other remedies granted in this Mortgage against all or any part of the Mortgaged Property and the Entity and the Agency waive Mortgagor waives any objections to the commencement or continuation of a foreclosure of this Mortgage or exercise of any other remedies hereunder based on such other proceedings or judgments, and waive waives any right to seek to dismiss, stay, remove, transfer or consolidate either any action under this Mortgage or such other proceedings on such basis. The commencement or continuation of proceedings to sell the Mortgaged Property in a trustee's sale, to foreclose this Mortgage or the exercise of any other rights hereunder or the recovery of any judgment by the Mortgagee or the occurrence of any sale by the Mortgagee in any such proceedings shall not prejudice, limit or preclude the Mortgagee's right to commence or continue one or more trustee's sales, foreclosure or other proceedings or obtain a judgment against (or, in the case of a trustee's sale, to meet the statutory requirements for, any such sale of) any other collateral (either in or outside the State in which the Mortgaged Real Property is located) which directly or indirectly secures the Guaranteed ObligationsSecured Indebtedness, and the Entity and the Agency Mortgagor expressly waive waives any objections to the commencement of, continuation of, or entry of a judgment in such other sales or proceedings or exercise of any remedies in such sales or proceedings based upon any action or judgment connected to this MortgageMortgagee, and the Entity and the Agency Mortgagor also waive waives any right to seek to dismiss, stay, remove, transfer xxxxxxxx or consolidate either such other sales or proceedings or any sale or action under this Mortgage on such basis. It is expressly understood and agreed that to the fullest extent permitted by law, Mortgagee may, at its election, cause the sale of all collateral which is the subject of a single trustee's sale or foreclosure action at either a single sale or at multiple sales conducted simultaneously and take such other measures as are appropriate in order to effect the agreement of the parties to dispose of and administer all collateral securing the Secured Indebtedness (directly or indirectly) in the most economical and least time-consuming manner.

Appears in 1 contract

Samples: Security and Pledge Agreement (Guilford Mills Inc)

Multi-site Collateral. If (a) the Mortgaged Real Property shall consist of one or more parcels, whether or not contiguous and whether or not located in the same county or city, or (b) in addition to this Mortgage, the Mortgagee shall now or hereafter hold or be the mortgagee or beneficiary of one or more additional mortgages, liens, deeds of trust or other security (directly or indirectly) securing the Guaranteed Obligations Secured Indebtedness upon other property in the State in which the Mortgaged Real Property is located (whether or not such property is owned by the Entity, Agency Mortgagor or by others) or (c) both the circumstances described in clauses (a) and (b) shall be true, then to the fullest extent permitted by Applicable Lawlaw, the Mortgagee may, at its election, commence or consolidate in a single trustee's sale or foreclosure action all trustee's sale or foreclosure proceedings against all such collateral securing the Guaranteed Obligations Secured Indebtedness (including, without limitation, including the Mortgaged Property), which action may be brought or consolidated in the courts of, or sale conducted in, any county or city in which any of such collateral is located. The Entity and the Agency acknowledge Mortgagor acknowledges that the right to maintain a consolidated trustee's sale or foreclosure action is a specific inducement to the Mortgagee to extend the Guaranteed ObligationsSecured Indebtedness, and the Entity and the Agency Mortgagor expressly and irrevocably waive waives any objections to the commencement or consolidation of the foreclosure proceedings in a single action and any objections to the laying of venue or based on the grounds of forum non conveniens which it may now or hereafter have. The Entity and the Agency Mortgagor further agree agrees that if the Mortgagee shall be prosecuting one or more foreclosure or other proceedings against a portion of the Mortgaged Property or against any collateral other than the Mortgaged Property, which collateral directly or indirectly secures the Guaranteed ObligationsSecured Indebtedness, or if the Mortgagee shall have obtained a judgment of foreclosure and sale or similar judgment against such collateral (or, in the case of a trustee's sale, shall have met the statutory requirements therefor with respect to such collateral), then, whether or not such proceedings are being maintained or judgments were obtained in or outside the State in which the Mortgaged Real Property are located, the Mortgagee may commence or continue any trustee's sale or foreclosure proceedings and exercise its other remedies granted in this Mortgage against all or any part of the Mortgaged Property and the Entity and the Agency waive Mortgagor waives any objections to the commencement or continuation of a foreclosure of this Mortgage or exercise of any other remedies hereunder based on such other proceedings or judgments, and waive waives any right to seek to dismiss, stay, remove, transfer or consolidate either any action under this Mortgage or such other proceedings on such basis. The commencement or continuation of proceedings to sell the Mortgaged Property in a trustee's sale, to foreclose this Mortgage or the exercise of any other rights hereunder or the recovery of any judgment by the Mortgagee or the occurrence of any sale by the Mortgagee in any such proceedings shall not prejudice, limit or preclude the Mortgagee's right to commence or continue one or more trustee's sales, foreclosure or other proceedings or obtain a judgment against (or, in the case of a trustee's sale, to meet the statutory requirements for, any such sale of) any other collateral (either in or outside the State in which the Mortgaged Real Property is located) which directly or indirectly secures the Guaranteed ObligationsSecured Indebtedness, and the Entity and the Agency Mortgagor expressly waive waives any objections to the commencement of, continuation of, or entry of a judgment in such other sales or proceedings or exercise of any remedies in such sales or proceedings based upon any action or judgment connected to this MortgageMortgagee, and the Entity and the Agency Mortgagor also waive waives any right to seek to dismiss, stay, remove, transfer or consolidate either such other sales or proceedings or any sale or action under this Mortgage on such basis. It is expressly understood and agreed that to the fullest extent permitted by law, Mortgagee may, at its election, cause the sale of all collateral which is the subject of a single trustee's sale or foreclosure action at either a single sale or at multiple sales conducted simultaneously and take such other measures as are appropriate in order to effect the agreement of the parties to dispose of and administer all collateral securing the Secured Indebtedness (directly or indirectly) in the most economical and least time-consuming manner.

Appears in 1 contract

Samples: Guaranty and Pledge Agreement (Guilford Mills Inc)

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