Common use of Other Property Clause in Contracts

Other Property. All property or interests in property now owned or hereafter acquired by the Grantor whether in the possession, custody or control of the Administrative Agent, any Lender, any Issuing Bank or any other Holder, or any agent or affiliate of any of them in any way or for any purpose (whether for safekeeping, deposit, custody, pledge, transmission, collection or otherwise), including, without limitation, (i) notes, drafts, letters of credit, stocks, bonds, and debt and equity securities, whether or not certificated, and warrants, options, puts and calls and other rights to acquire or otherwise relating to the same (in each case only to the extent not otherwise constituting Investment Property); (ii) money; (iii) proceeds of loans, including without limitation, all the Loans made to the Grantor under the Credit Agreement; and (iv) insurance proceeds and books and records relating to any of the property covered by this Agreement (collectively, "Other Property"); together with in respect to each of the items set forth in paragraphs (a) through (g) above, all accessions and additions thereto, substitutions therefor, and replacements, proceeds and products thereof. Notwithstanding anything to the contrary in this Security Agreement, nothing herein or otherwise shall be deemed or construed, directly or indirectly, as a grant by the Grantor to the Administrative Agent, the Lenders, the Issuing Banks or the other Holders of a Lien of any kind whatsoever on any "Collateral" (as defined in the (i) Security Agreement dated as of the date hereof between the Grantor and BI-Equipment Lessors LLC, (ii) the Security Agreement dated as of the date hereof between the Grantor and Copelco Capital, Inc. and (iii) the Security Agreement dated as of the date hereof between the Grantor and Xxxx Xxxxxxx Leasing Corporation) subject to a Lien granted to any of the Equipment Lessors (as defined in the Plan of Reorganization) pursuant to any of the Security Agreements referred to immediately above as in effect on the date hereof. This Security Agreement shall not create or be filed as a lien against the land, building and/or improvements to the real property in which the goods, machinery, equipment, appliances or other personal property covered hereby are to be located or installed.

Other Property. All other property and rights of Mortgagor of every kind and character, in each case only if and to the extent such other property and rights relate to and are sued or interests to be used in property now owned connection with the Mortgaged Property or hereafter acquired by the Grantor whether in the possessionHotel/Retail Property, custody or control of the Administrative Agent, any Lender, any Issuing Bank or any other Holder, or any agent or affiliate and all proceeds and products of any of them in the foregoing. TO HAVE AND TO HOLD the Mortgaged Property unto Mortgagee, and its successors and assigns, forever, under and subject to the terms and conditions of the Indenture and this Mortgage and for the security and enforcement of the prompt and complete payment, performance and observance when due of all of the Secured Obligations. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, the maximum amount of indebtedness secured by this Mortgage at execution or which under any way contingency may become secured hereby at any time hereafter is _______ Million and No/100 Dollars ($_____________), plus interest on the principal outstanding under the Notes from time to time, plus fees payable from time to time to Mortgagee pursuant to the terms of the Indenture, plus all amounts expended by Mortgagee at any time to maintain the lien of this Mortgage or for any purpose (whether for safekeepingto protect the property secured by this Mortgage, deposit, custody, pledge, transmission, collection or otherwise), including, without limitation, (i) notes, drafts, letters of credit, stocks, bonds, and debt and equity securities, whether or not certificated, and warrants, options, puts and calls and other rights to acquire or otherwise relating to the same (in each case only to the extent not otherwise constituting Investment Property); (ii) money; (iii) proceeds of loans, including without limitation, all the Loans made to the Grantor under the Credit Agreement; and (iv) insurance proceeds and books and records relating to any of the property covered by this Agreement (collectively, "Other Property"); together with amounts in respect to each of the items set forth in paragraphs (a) through (g) aboveinsurance premiums, all accessions and additions theretoreal estate taxes, substitutions therefor, and replacements, proceeds and products thereof. Notwithstanding anything to the contrary in this Security Agreement, nothing herein or otherwise shall be deemed or construed, directly or indirectly, as a grant by the Grantor to the Administrative Agent, the Lenders, the Issuing Banks or the other Holders of a Lien of any kind whatsoever on any "Collateral" Retail Unit Charges (as defined in the (i) Security Agreement dated Declaration), litigation expenses to prosecute or defend the rights, remedies and lien of this Mortgage or title to the property secured hereby, and any costs, charges or amounts to which Mortgagee becomes subrogated upon payment, whether under recognized principles of law or equity or under express statutory authority, together with interest on all the foregoing amounts as of the date hereof between the Grantor and BI-Equipment Lessors LLC, (ii) the Security Agreement dated as of the date hereof between the Grantor and Copelco Capital, Inc. and (iii) the Security Agreement dated as of the date hereof between the Grantor and Xxxx Xxxxxxx Leasing Corporation) subject to a Lien granted to any of the Equipment Lessors (as defined provided for in the Plan Indenture or this Mortgage. PROVIDED ALWAYS that this Mortgage is upon the express condition that the Mortgaged Property shall be released from the lien of Reorganization) pursuant to any this Mortgage in the manner and at the time provided in SECTION 7.1 of the Security Agreements referred to immediately above as in effect on the date hereofthis Mortgage. This Security Agreement shall not create or be filed as a lien against the land, building and/or improvements to the real property in which the goods, machinery, equipment, appliances or other personal property covered hereby are to be located or installed.MORTGAGOR FURTHER COVENANTS AND AGREES WITH MORTGAGEE AS FOLLOWS: