Common use of No Mortgagee in Possession Clause in Contracts

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee under the Loan Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 14 contracts

Samples: Pledge and Security Agreement (Lannett Co Inc), Brandco Credit Agreement (Revlon Inc /De/), Term Credit Agreement (Revlon Inc /De/)

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No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5Section, the assignment of the Rents and Leases under Article 6Section 5, the security interests under Article 7Section 6, nor any other remedies afforded to Mortgagee or the Lenders under the Loan Documents, at law or in equity shall cause Mortgagee or any other Secured Party Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 11 contracts

Samples: Credit and Guaranty Agreement (Phillips Van Heusen Corp /De/), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee under the Loan Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 9 contracts

Samples: Security Agreement (United Online Inc), Security Agreement and Fixture Filing (Acura Pharmaceuticals, Inc), Security Agreement and Fixture Filing (Dixie Group Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5Section, the assignment of the Rents and Leases under Article 6Section 5, the security interests under Article 7Section 6, nor any other remedies afforded to Mortgagee or the Lenders under the Loan Credit Documents, at law or in equity shall cause Mortgagee or any other Secured Party Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 7 contracts

Samples: Credit and Guaranty Agreement (TerraForm Power, Inc.), Security Agreement (X Rite Inc), Pledge and Security Agreement (AbitibiBowater Inc.)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee Beneficiary under the Loan Documents, at law or in equity shall cause Mortgagee Trustee, Beneficiary or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee Trustee, Beneficiary or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 7 contracts

Samples: Credit Agreement (Dean Foods Co), Credit Agreement (Del Monte Foods Co), Assignment and Assumption (Aventine Renewable Energy Holdings Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 54, the assignment of the Rents and Leases under Article 65, the security interests under Article 76, nor any other remedies afforded to Mortgagee under the Loan DocumentsCredit Agreement Documents or any Other First Lien Agreement, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 4 contracts

Samples: Intercreditor Agreement (ADT, Inc.), Intercreditor Agreement (Hospitality Distribution Inc), Intercreditor Agreement (Rexnord Corp)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee under the Loan Credit Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.,

Appears in 4 contracts

Samples: Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee Grantee under the Loan Credit Documents, at law or in equity shall cause Mortgagee Grantee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee Grantee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 4 contracts

Samples: Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 54, the assignment of the Rents and Leases under Article 65, the security interests under Article 76, nor any other remedies afforded to Mortgagee under the Loan Credit Agreement Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 4 contracts

Samples: Asset Based Revolving Credit Agreement (DS Services of America, Inc.), Credit Agreement (DS Services of America, Inc.), Joinder Agreement (Presidio, Inc.)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee or the Lenders under the Loan Documents, at law or in equity shall cause Mortgagee or any other Secured Party Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 3 contracts

Samples: Credit Agreement (Sybron Dental Specialties Inc), Security Agreement (Ackerley Group Inc), Credit Agreement (DMW Worldwide Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 54, the assignment of the Rents and Leases under Article 65, the security interests under Article 76, nor any other remedies afforded to Mortgagee under the Loan Security Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 3 contracts

Samples: Mortgage, Security Agreement (Titan International Inc), Mortgage, Security Agreement (Titan International Inc), Mortgage, Security Agreement (Titan International Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee under the Loan Financing Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 3 contracts

Samples: Security Agreement, Security Agreement (Alliance Resource Partners Lp), Security Agreement (Alliance Holdings GP, L.P.)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee hereunder or under the Credit Agreement or under any other Loan DocumentsDocument, or at law or in equity equity, shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases Leases, Mortgaged Leases, or otherwise.

Appears in 3 contracts

Samples: Intercreditor Agreement (Armstrong Coal Company, Inc.), Security Agreement (Armstrong Energy, Inc.), Security Agreement (Armstrong Resource Partners, L.P.)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5Section, the assignment of the Rents and Leases under Article 6Section 5, the security interests under Article 7Section 6, nor any other remedies afforded to Mortgagee Beneficiary or the other Secured Parties under the Loan Documents, at law or in equity shall cause Mortgagee Beneficiary or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee Beneficiary or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Enviva Partners, LP), Credit Agreement (Enviva Partners, LP), Credit Agreement (Enviva Partners, LP)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 54, the assignment of the Rents and Leases under Article 65, the security interests under Article 76, nor any other remedies afforded to Mortgagee under the Loan DocumentsMortgagee, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged PropertyProperty until the taking of actual possession by Mortgagee, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 2 contracts

Samples: Central Illinois Public Service Co, Central Illinois Public Service Co

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5ARTICLE 6, the assignment of the Rents and Leases under Article 6ARTICLE 7, the security interests under Article 7ARTICLE 8, nor any other remedies afforded to Mortgagee under the Loan Documents, at law or in equity shall cause Mortgagee or any other Secured Party Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 2 contracts

Samples: Security Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 54, the assignment of the Rents and Leases under Article 65, the security interests under Article 76, nor any other remedies afforded to Mortgagee or the Secured Parties under the Loan DocumentsSecured Obligation Agreements, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 2 contracts

Samples: Credit Agreement (Stonemor Partners Lp), Credit Agreement (Stonemor Partners Lp)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee Beneficiary under the Loan Documents, at law or in equity shall cause Mortgagee Trustee, Beneficiary or any other Secured Lender Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee Trustee, Beneficiary or any other Secured Lender Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 2 contracts

Samples: Credit Agreement (Headwaters Inc), Credit Agreement (Headwaters Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 54, the assignment of the Rents and Leases under Article 65, the security interests under Article 76, nor any other remedies afforded to Mortgagee under the Loan Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 2 contracts

Samples: Credit Agreement (Verso Paper Holdings LLC), Credit Agreement (Gentiva Health Services Inc)

No Mortgagee in Possession. Neither Except as provided under applicable law, neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee under the Loan Credit Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Contribution Agreement (Verso Paper Holdings LLC)

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No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee under the Loan Security Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Indenture (Titan International Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee under the Loan Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.. H-7 Syniverse Form of Mortgage ARTICLE 6

Appears in 1 contract

Samples: Assignment and Assumption (Syniverse Holdings Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee Beneficiary under the Collateral Agency Agreement, the Loan Documents, at law or in equity shall cause Mortgagee Trustee, Beneficiary or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee Trustee, Beneficiary or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Security Agreement (Consol Energy Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 54, the assignment of the Rents and Leases under Article 65, the security interests under Article 76, nor any other remedies afforded to Mortgagee and/or the Lenders under the Loan Documents, at law or in equity shall cause Mortgagee or any other Secured Party Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: And Consolidated Mortgage and Security Agreement (Metropolis Realty Trust Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5Section, the assignment of the Rents Rents, Leases and Leases Production under Article 6Section 5, the security interests under Article 7Section 6, nor any other remedies afforded to Mortgagee or the Secured Parties under the Loan Documents, at law or in equity equity, shall cause Mortgagee or any other Secured Party Parties to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Security Agreement (Ugi Corp /Pa/)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 54, the assignment of the Rents and Leases under Article 65, the security interests under Article 76, nor any other remedies afforded to Mortgagee under the Loan Documents, at law or in equity shall cause Mortgagee or any other Secured Party Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Credit Agreement (Tempur Sealy International, Inc.)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5Section, the assignment of the Rents and Leases under Article 6Section 5, the security interests under Article 7Section 6, nor any other remedies afforded to Mortgagee under the Loan Priority Lien Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Collateral Trust Agreement (Unisys Corp)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee or any Lender under the Loan Documents, at law or in equity shall cause Mortgagee or any other Secured Party Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Security Agreement (Diamond Brands Operating Corp)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee Beneficiary under the Loan Documents, at law or in equity equity, shall cause Mortgagee Beneficiary or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee Beneficiary or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Security Agreement (Campus Crest Communities, Inc.)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee or the Holders under the Loan Note Documents, at law or in equity shall cause Mortgagee or any other Secured Party Holder to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party Holder to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Mortgage, Security Agreement (GXS Corp)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee under the Loan Indenture, the Intercreditor Agreement or the other Note Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: And Security Agreement (Interdent Inc)

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Mortgagee under the Loan Credit Documents, at law or in equity shall cause Mortgagee or any other Secured Party to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any other Secured Party to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Intercreditor Agreement (Lannett Co Inc)

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