Common use of No Release Clause in Contracts

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other Loan Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and the other Loan Documents.

Appears in 11 contracts

Samples: Credit Agreement (Ashland Inc.), Credit Agreement (Valvoline Inc), Credit Agreement (Novelis Inc.)

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No Release. Nothing set forth in this Mortgage shall ---------- relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s 's part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s 's part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage Mortgage, the Indenture, the Notes or any other Loan Documentthe Collateral Documents, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.5 shall survive the termination hereof and the discharge of ----------- the Mortgagor’s 's other obligations under this Mortgage and the other Loan Indenture, the Notes and the Collateral Documents.

Appears in 4 contracts

Samples: Taxes and Certain Statutory (Raceland Truck Plaza & Casino LLC), Security Agreement (Raceland Truck Plaza & Casino LLC), Security Agreement (Raceland Truck Plaza & Casino LLC)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other Loan Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.4 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and or the other Loan Documents.

Appears in 3 contracts

Samples: Second Lien Collateral Agreement (Endeavor Group Holdings, Inc.), Intercreditor Agreement (Endeavor Group Holdings, Inc.), Intercreditor Agreement (Endeavor Group Holdings, Inc.)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage Mortgage, the Indenture, the Notes or any other Loan Documentthe Collateral Documents, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.5 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and the other Loan Indenture, the Notes and the Collateral Documents.

Appears in 3 contracts

Samples: Security Agreement (Jacobs Entertainment Inc), Security Agreement and Fixture Filing (Jacobs Entertainment Inc), Security Agreement and Fixture Filing (Jacobs Entertainment Inc)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other Loan Document, Credit Agreement Document or any Other First Lien Agreement or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.6 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and Mortgage, the other Loan DocumentsCredit Agreement Documents and any Other First Lien Agreement.

Appears in 3 contracts

Samples: Intercreditor Agreement (ADT, Inc.), Joinder Agreement, Joinder Agreement (Cec Entertainment Inc)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other Loan Document, Credit Agreement Document or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.6 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and the other Loan Credit Agreement Documents.

Appears in 3 contracts

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

No Release. Nothing set forth in this Mortgage Deed of Trust shall relieve the Mortgagor Grantor from the performance of any term, covenant, condition or agreement on the MortgagorGrantor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee Beneficiary or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the MortgagorGrantor’s part to be so performed or observed or shall impose any liability on the Mortgagee Beneficiary or any other Secured Party for any act or omission on the part of the Mortgagor Grantor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor Grantor contained in this Mortgage Deed of Trust, the Indenture, the Notes or any other Loan Documentthe Collateral Documents, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor Grantor contained in this Section 2.7 2.5 shall survive the termination hereof and the discharge of the MortgagorGrantor’s other obligations under this Mortgage Deed of Trust and the other Loan Indenture, the Notes and the Collateral Documents.

Appears in 3 contracts

Samples: Security Agreement (Jacobs Entertainment Inc), And Attornment Agreement (Jacobs Entertainment Inc), And Attornment Agreement (Jacobs Entertainment Inc)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other Loan Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.5 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Norcraft Companies, Inc.), Security Agreement (Norcraft Companies, Inc.)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other Loan Note Document, any Notes Indenture Document or any Other First Lien Agreement or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.6 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and Mortgage, the other Loan DocumentsNote Documents and any Other First Lien Agreement.

Appears in 2 contracts

Samples: Indenture (Fresh Market Holdings, Inc.), Collateral Agreement (Fresh Market Holdings, Inc.)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s 's part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s 's part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other Loan Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.5 shall survive the termination hereof and the discharge of the Mortgagor’s 's other obligations under this Mortgage and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (SFBC International Inc), Credit Agreement (Ionics Inc)

No Release. Nothing set forth in this Mortgage shall (i) relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall (ii) impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage Mortgage, Hedging Agreements or any other Loan Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations provisions of the Mortgagor contained in this Section 2.7 2.5 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage Mortgage, Hedging Agreements and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.)

No Release. Nothing set forth in this Mortgage shall (i) relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall (ii) impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage Mortgage, Hedging Agreements or any other Loan Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations provisions of the Mortgagor contained in this Section 2.7 2.6 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage Mortgage, Hedging Agreements and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s 's part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s 's part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage Mortgage, the Second Priority Indenture, the Second Notes or any other Loan Collateral Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.5 shall survive the termination hereof and the discharge of the Mortgagor’s 's other obligations under this Mortgage and the other Loan Second Priority Indenture, the Second Notes and the Collateral Documents.

Appears in 2 contracts

Samples: Security Agreement (Trump Indiana Inc), Priority Intercreditor Agreement (Trump Indiana Inc)

No Release. Nothing set forth in this Mortgage Agreement shall relieve the Mortgagor any Pledgor from the performance of any term, covenant, condition or agreement on the Mortgagor’s such Pledgor's part to be performed or observed under or in respect of any of the Mortgaged Property Pledged Collateral or from any liability to any person Person under or in respect of any of the Mortgaged Property Pledged Collateral or shall impose any obligation on the Mortgagee Collateral Agent or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s such Pledgor's part to be so performed or observed or shall impose any liability on the Mortgagee Collateral Agent or any other Secured Party for any act or omission on the part of the Mortgagor such Pledgor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor such Pledgor contained in this Mortgage Agreement, any Interest Rate Protection Agreement, the Hedging Agreements, the Cash Management Agreements or any other Loan Document, or under or in respect of the Mortgaged Property Pledged Collateral or made in connection herewith or therewith. The obligations of the Mortgagor each Pledgor contained in this Section 2.7 2.4 shall survive the termination hereof and the discharge of the Mortgagor’s such Pledgor's other obligations under this Mortgage Agreement, any Interest Rate Protection Agreement, the Hedging Agreements, the Cash Management Agreements and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Sola International Inc), Landlord Access Agreement (Sola International Inc)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s 's part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s 's part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage Mortgage, the First Priority Indenture, the First Notes or any other Loan Collateral Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.5 shall survive the termination hereof and the discharge of the Mortgagor’s 's other obligations under this Mortgage and the other Loan First Priority Indenture, the First Notes and the Collateral Documents.

Appears in 2 contracts

Samples: Taxes and Certain Statutory (Trump Indiana Inc), Security Agreement and Fixture Filing (Trump Indiana Inc)

No Release. Nothing set forth in this Mortgage Deed of Trust shall relieve the Mortgagor Grantor from the performance of any term, covenant, condition or agreement on the Mortgagor’s Grantor's part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee Beneficiary or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s Grantor's part to be so performed or observed or shall impose any liability on the Mortgagee Beneficiary or any other Secured Party for any act or omission on the part of the Mortgagor Grantor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor Grantor contained in this Mortgage Deed of Trust, the Indenture, the Notes or any other Loan Documentthe Collateral Documents, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor Grantor contained in this Section 2.7 2.5 shall survive the termination hereof and the discharge of the Mortgagor’s Grantor's other obligations under this Mortgage Deed of Trust and the other Loan Indenture, the Notes and the Collateral Documents.

Appears in 2 contracts

Samples: Disturbance and Attornment Agreement (Jacobs Entertainment Inc), Security Agreement (Jalou Cashs LLC)

No Release. Nothing set forth in this Mortgage Agreement or any other Loan Document, nor the exercise by the Secured Party of any of the rights or remedies hereunder, shall relieve the Mortgagor any Grantor from the performance of any term, covenant, condition or agreement on the Mortgagorsuch Grantor’s part to be performed or observed under or in respect of any of the Mortgaged Property Pledged Collateral or from any liability to any person under or Person in respect of any of the Mortgaged Property Pledged Collateral or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagorsuch Grantor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor such Grantor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor such Grantor contained in this Mortgage Agreement, the Note Purchase Agreement or any the other Loan DocumentDocuments, or under or in respect of the Mortgaged Property Pledged Collateral or made in connection herewith or therewith. The obligations Anything herein to the contrary notwithstanding, the Secured Party shall not have any obligation or liability under any contracts, agreements and other documents included in the Pledged Collateral by reason of this Agreement, nor shall the Secured Party be obligated to perform any of the Mortgagor contained obligations or duties of any Grantor thereunder or to take any action to collect or enforce any such contract, agreement or other document included in this Section 2.7 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and the other Loan Documents.Pledged Collateral. Security Agreement 20 [ n ]

Appears in 1 contract

Samples: Security Agreement (Arkados Group, Inc.)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s 's part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s 's part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other Loan Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.5 shall survive the termination hereof and the discharge of the Mortgagor’s 's other obligations under this Mortgage and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Ionics Inc)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other Loan Credit Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and the other Loan Credit Documents.. Table of Contents

Appears in 1 contract

Samples: Credit Agreement (Language Line Services Holdings, Inc.)

No Release. Nothing set forth in this Mortgage ------- shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s 's part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s 's part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage Mortgage, the Indenture, the Notes or any other Loan Documentthe Collateral Documents, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.5 shall survive the termination hereof and the discharge of the Mortgagor’s 's other obligations under this Mortgage and the other Loan Indenture, the Notes and the Collateral Documents.

Appears in 1 contract

Samples: Security Agreement (Raceland Truck Plaza & Casino LLC)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage Mortgage, the Indenture, the Notes or any other Loan Documentthe Security Documents, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.5 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and the other Loan Indenture, the Notes and the Security Documents.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Granite Broadcasting Corp)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other Loan Notes Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Great Wolf Lodge of Grapevine, LLC)

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No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other applicable Loan DocumentDocuments, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.06 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and the other applicable Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Vici Properties Inc.)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other Loan Document, Credit Agreement Document or any Other First Lien Agreement or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.6 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and Mortgage, the other Loan Documents.Credit Agreement Documents and any Other First Lien Agreement. 1 In a jurisdiction where the recording of this instrument would be subject to a tax, the amount secured shall be limited to the value of the real estate so encumbered, if such limitation shall reduce the tax owed. Table of Contents

Appears in 1 contract

Samples: Intercreditor Agreement (Hospitality Distribution Inc)

No Release. Nothing set forth in this Mortgage shall ---------- relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s 's part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s 's part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage Mortgage, any Interest Rate Protection Agreement or any other Loan Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.5 shall survive the termination hereof and ----------- the discharge of the Mortgagor’s 's other obligations under this Mortgage Mortgage, any Interest Rate Protection Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement (Applied Power Inc)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any material term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage Mortgage, the Indenture, the Notes or any other Loan Documentthe Security Documents, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement (Listerhill Total Maintenance Center LLC)

No Release. Nothing set forth in this Mortgage Deed of Trust shall ---------- relieve the Mortgagor any Grantor from the performance of any term, covenant, condition or agreement on the Mortgagor’s such Grantor's part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee Beneficiary or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s such Grantor's part to be so performed or observed or shall impose any liability on the Mortgagee Beneficiary or any other Secured Party for any act or omission on the part of the Mortgagor such Grantor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor such Grantor contained in this Mortgage Deed of Trust, the Indenture, the Notes or any other Loan Documentthe Collateral Documents, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor each Grantor contained in this Section 2.7 2.5 shall survive the termination hereof and the discharge of the Mortgagor’s each Grantor's other obligations under this Mortgage Deed of Trust and the other Loan Indenture, the Notes and the Collateral Documents.

Appears in 1 contract

Samples: Security Agreement (Raceland Truck Plaza & Casino LLC)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other Loan Notes Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and the other Loan Notes Documents.

Appears in 1 contract

Samples: Mortgage Modification Agreement (New Enterprise Stone & Lime Co., Inc.)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other applicable Loan DocumentDocuments, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.6 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and the other applicable Loan Documents. * Include if required by local law.

Appears in 1 contract

Samples: First Lien Credit Agreement (CAESARS ENTERTAINMENT Corp)

No Release. Nothing set forth in this Mortgage shall ---------- relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s 's part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s 's part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage Mortgage, any Interest Rate Protection Agreement, or any other Loan Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.5 shall survive the termination hereof and ----------- the discharge of the Mortgagor’s 's other obligations under this Mortgage Mortgage, any Interest Rate Protection Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement (Applied Power Inc)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other Loan Credit Agreement Document, any Notes Indenture Document or any Other First Lien Agreement or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.6 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and Mortgage, the other Loan Credit Agreement Documents, the Notes Indenture Documents and any Other First Lien Agreement.

Appears in 1 contract

Samples: Joinder Agreement (McGraw-Hill Interamericana, Inc.)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor, so long as Mortgagor is the then current fee owner of the Mortgaged Property, from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other Loan Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Dole Food Co Inc)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor or Agency contained in this Mortgage or any other Loan Document, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and the other Loan Documents.

Appears in 1 contract

Samples: Security Agreement (Gsi Group Inc)

No Release. Nothing set forth in this Mortgage ---------- shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s 's part to be performed or observed under or in respect of any of the Mortgaged Property or from any liability to any person Person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s 's part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage Mortgage, the Indenture, the Notes or any other Loan Documentthe Collateral Documents, or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.5 shall survive the termination hereof and the discharge of ----------- the Mortgagor’s 's other obligations under this Mortgage and the other Loan Indenture, the Notes and the Collateral Documents.

Appears in 1 contract

Samples: Security Agreement (Raceland Truck Plaza & Casino LLC)

No Release. Nothing set forth in this Mortgage shall relieve the Mortgagor from the performance of any term, covenant, condition or agreement on the Mortgagor’s part to be performed or observed under or in respect of any of the Mortgaged Property or from 1 To be discussed with local counsel. any liability to any person under or in respect of any of the Mortgaged Property or shall impose any obligation on the Mortgagee or any other Secured Party to perform or observe any such term, covenant, condition or agreement on the Mortgagor’s part to be so performed or observed or shall impose any liability on the Mortgagee or any other Secured Party for any act or omission on the part of the Mortgagor relating thereto or for any breach of any representation or warranty on the part of the Mortgagor contained in this Mortgage or any other Loan Document, Credit Agreement Document or any Other First Lien Agreement or under or in respect of the Mortgaged Property or made in connection herewith or therewith. The obligations of the Mortgagor contained in this Section 2.7 2.6 shall survive the termination hereof and the discharge of the Mortgagor’s other obligations under this Mortgage and Mortgage, the other Loan DocumentsCredit Agreement Documents and any Other First Lien Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Rexnord Corp)

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