No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Section, the assignment of the Rents and Leases under Section 5, the security interests under Section 6, nor any other remedies afforded to Mortgagee under the Credit Documents, at law or in equity shall cause Mortgagee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee 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 5 contracts
Samples: Credit and Guaranty Agreement (Vca Antech Inc), Credit Agreement (First Data Corp), Credit Agreement (Dollar General Corp)
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Section, the assignment of the Rents and Leases Subleases under Section 5, the security interests under Section 6, nor any other remedies afforded to Mortgagee under the Credit Documentsthis Mortgage, at law or in equity equity, shall cause Mortgagee to be deemed or construed to be a mortgagee beneficiary in possession of the Mortgaged Property, to obligate Mortgagee 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 Subleases or otherwise.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Armstrong Coal Company, Inc.), Asset Purchase Agreement (Armstrong Energy, Inc.), Asset Purchase Agreement (Armstrong Energy, Inc.)
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this SectionArticle 4, the assignment of the Rents and Leases under Section Article 5, the security interests under Section Article 6, nor any other remedies afforded to Mortgagee under the Credit Loan Documents, at law or in equity shall cause Mortgagee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee 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: Mortgage Modification Agreement (Acadia Realty Trust), Credit Agreement (Uap Holding Corp), Winston Hotels Inc
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this SectionArticle 5, the assignment of the Rents and Leases under Section 5Article 6, the security interests under Section 6Article 7, nor any other remedies afforded to Mortgagee hereunder or under the Credit DocumentsCollateral Trust Agreement, or at law or in equity shall cause Mortgagee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee 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: Joinder and Assumption Agreement (CONSOL Energy Inc), Credit Agreement (CONSOL Energy Inc), Collateral Trust Agreement (Consol Energy Inc)
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this SectionArticle, the assignment of the Rents and Leases under Section Article 5, the security interests under Section Article 6, nor any other remedies afforded to Mortgagee under the Credit Loan Documents, at law or in equity shall cause Mortgagee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee 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: Credit Agreement (Carbuyco, LLC), Credit Agreement (Regal Cinemas Corp), Credit Agreement (Auto Disposal of Memphis, Inc.)
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this SectionArticle 5, the assignment of the Rents and Leases under Section 5Article 6, the security interests under Section 6Article 7, nor any other remedies afforded to Mortgagee hereunder or under the Credit DocumentsSecurity Agreement, or at law or in equity equity, shall cause Mortgagee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee 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: Securities Purchase Agreement, Put Option Agreement, Intercreditor Agreement
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this SectionArticle 5, the assignment of the Rents and Leases under Section 5Article 6, the security interests under Section 6Article 7, nor any other remedies afforded to Mortgagee under the Credit Documentshereunder, or at law or in equity shall cause Mortgagee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee 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 (CNX Resources Corp), Credit Agreement (CNX Midstream Partners LP), Credit Agreement (CNX Coal Resources LP)
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this SectionArticle 4, the assignment of the Rents and Leases under Section Article 5, the security interests under Section Article 6, nor any other remedies afforded to Mortgagee under the Credit Loan Documents, at law or in equity shall cause Mortgagee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee 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.. ASSIGNMENT OF LEASES and Rents
Appears in 2 contracts
Samples: Open End Mortgage, Security Agreement (Westway Group, Inc.), Open End Mortgage, Security Agreement (Westway Group, Inc.)
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this SectionArticle, the assignment of the Rents and Leases under Section Article 5, the security interests under Section Article 6, nor any other remedies afforded to Mortgagee under the Credit Financing Documents, at law or in equity shall cause Mortgagee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee 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: Intercreditor Agreement (Edgen Group Inc.), Intercreditor Agreement (Edgen Murray II, L.P.)
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this SectionSection 4, the assignment of the Rents and Leases under Section 5, the security interests under Section 6, nor any other remedies afforded to Mortgagee under the Credit DocumentsNotes, at law or in equity shall cause Mortgagee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee 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, until such time as Mortgagee is in possession of the Mortgaged Property or has acquired the Mortgaged Property, by foreclosure or otherwise.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Seacor Holdings Inc /New/)
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this SectionArticle 4, the assignment of the Rents and Leases under Section Article 5, the security interests under Section Article 6, nor any other remedies afforded to Mortgagee under the Credit Loan Documents, at law or in equity shall cause Mortgagee to or be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee 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
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this SectionArticle 4, the assignment of the Rents and Leases under Section Article 5, the security interests under Section Article 6, nor any other remedies afforded to Mortgagee under the Credit Loan Documents, at law or in equity equity, shall cause Mortgagee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee 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 (United Online Inc)
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this SectionArticle, the assignment of the Rents and Space Leases under Section Article 5, the security interests under Section Article 6, nor any other remedies afforded to Mortgagee under the Credit Loan Documents, at law or in equity shall cause Mortgagee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee 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 Space Leases or otherwise.
Appears in 1 contract
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this SectionArticle, the assignment of the Rents and Leases under Section 5Article 4, the security interests under Section 6Article 5, nor any other remedies afforded to Mortgagee under the Credit Loan Documents, at law or in equity shall cause Mortgagee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee 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
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this SectionArticle 4, the assignment of the Rents and Leases under Section Article 5, the security interests under Section Article 6, nor any other remedies afforded to Mortgagee under the Credit Loan Documents, at law or in equity shall cause Mortgagee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee 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.. MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING - Page 9 [Pinebrook – Milford, OH]
Appears in 1 contract
Samples: Security Agreement and Fixture Filing (NorthStar Healthcare Income, Inc.)
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this SectionArticle 4, the assignment of the Rents and Leases under Section Article 5, the security interests under Section Article 6, nor any other remedies afforded to Mortgagee under the Credit Loan Documents, at law or in equity shall cause Mortgagee to or be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee 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
