Common use of Perfection Upon Recordation Clause in Contracts

Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee will have, to the extent permitted under applicable law, a valid and fully perfected, present assignment of the Rents arising out of the Leases and all security for such Leases, subject only to the Permitted Encumbrances and any Senior Loan permitted pursuant to the terms and provisions of this Mortgage. Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgagee's interest in the Rents will be deemed to be fully perfected, "xxxxxx" and enforced as to Mortgagor and all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the "BANKRUPTCY CODE"), without the necessity of commencing a foreclosure action with respect to this Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Golf Trust of America Inc), Purchase and Sale Agreement (Golf Trust of America Inc)

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Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all reasonable actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee will shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases, Leases subject only to the Permitted Encumbrances Liens and any Senior Loan permitted pursuant to in the terms case of security deposits, rights of depositors and provisions requirements of this Mortgagelaw. Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgagee's ’s interest in the Rents will shall be deemed to be fully perfected, "xxxxxx" “choate” and enforced as to Mortgagor and all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the "BANKRUPTCY CODE"“Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 2 contracts

Samples: Counterpart Agreement (PVH Corp. /De/), Counterpart Agreement (Phillips Van Heusen Corp /De/)

Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all reasonable actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee will shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases, Leases subject only to the Permitted Encumbrances Liens permitted by Section 8.3 of the Credit Agreement and any Senior Loan permitted pursuant to in the terms case of security deposits, rights of depositors and provisions requirements of this Mortgagelaw. Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgagee's ’s interest in the Rents will shall be deemed to be fully perfected, "xxxxxx" and enforced as to Mortgagor and all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the "BANKRUPTCY CODE"“Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Assignment and Assumption (Gogo Inc.)

Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all reasonable actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee will shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases, subject only to the Permitted Encumbrances and any Senior Loan permitted pursuant to the terms and provisions of this Mortgage. Mortgagor acknowledges and agrees that that, upon recordation of this Mortgage Mortgage, Mortgagee's ’s interest in the Rents will shall be deemed to be fully perfected, "xxxxxx" and enforced as to Mortgagor and all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the "BANKRUPTCY CODE"“Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Credit Agreement (Stonemor Partners Lp)

Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all reasonable actions necessary to obtain, and that upon recordation of this Mortgage Mortgage, Mortgagee will shall have, to the extent permitted under applicable law, a valid and fully perfected, present assignment of the Rents arising out of the Leases and all security for such Leases, and the Production and the proceeds thereof, subject only to the Permitted Encumbrances and any Senior Loan permitted pursuant to in the terms case of security deposits, rights of depositors and provisions requirements of this Mortgagelaw. Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgage, Mortgagee's ’s interest in the Rents will Rents, Production and proceeds thereof shall be deemed to be fully perfected, "xxxxxx" and enforced as to Mortgagor and all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the "BANKRUPTCY CODE"“Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Mortgage, making formal demand for the Rents, Production or proceeds thereof, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Security Agreement (Ugi Corp /Pa/)

Perfection Upon Recordation. Mortgagor acknowledges that --------------------------- Mortgagee has taken all actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee will shall have, to the extent permitted under applicable law, a valid and fully perfected, perfected first priority present assignment of the Rents arising out of the Leases and all security for such Leases, subject only to the Permitted Encumbrances and any Senior Loan permitted pursuant to the terms and provisions of this Mortgage. Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgagee's interest in the Rents will shall be deemed to be fully perfected, "xxxxxx" and enforced as to Mortgagor and all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the "BANKRUPTCY CODE"), without the necessity of commencing a foreclosure action with respect to this Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Sandhills Inc

Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all reasonable actions necessary to obtain, and that upon recordation of this Mortgage Mortgage, Mortgagee will shall have, to the extent permitted under applicable law, a valid and fully perfected, present assignment of the Rents arising out of the Leases and all security for such LeasesLeases and in the case of security deposits, rights of depositors and requirements of law, in each case, subject only to the no Liens other than Permitted Encumbrances and any Senior Loan permitted pursuant to the terms and provisions of this MortgageLiens. Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgage, Mortgagee's ’s interest in the Rents will shall be deemed to be fully perfected, "xxxxxx" and enforced as to Mortgagor and all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the "BANKRUPTCY CODE"“Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Collateral Trust Agreement (Unisys Corp)

Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all actions necessary to obtain, and that upon recordation of this Mortgage and the filing of appropriate UCC financing statements, Mortgagee will shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority (subject to Permitted Liens), present assignment of the Rents arising out of the Leases and all security for such Leases, subject only to the Permitted Encumbrances and any Senior Loan permitted pursuant to the terms and provisions of this Mortgage. Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgage, Mortgagee's interest in the Rents will shall be deemed to be fully perfected, "xxxxxx" and enforced as to Mortgagor and all third parties, including, without limitation, any subsequently appointed trustee Mortgagee in any case under Title 11 of the United States Code (the "BANKRUPTCY CODEBankruptcy Code"), without the necessity of commencing a foreclosure action with respect to this Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: And Security Agreement (Interdent Inc)

Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all reasonable actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee will shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases, Leases subject only to the Permitted Encumbrances Liens and any Senior Loan permitted pursuant to in the terms case of security deposits, rights of depositors and provisions requirements of this Mortgagelaw. Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgage, Mortgagee's ’s interest in the Rents will shall be deemed to be fully perfected, "xxxxxx" and enforced as to Mortgagor and and, to the extent permitted under applicable law, all third parties, including, without limitation, including any subsequently appointed trustee in any case under Title 11 of the United States Code (the "BANKRUPTCY CODE"“Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Seacor Holdings Inc /New/)

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Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all actions necessary to obtain, and that upon recordation of this Mortgage and the filing of appropriate UCC financing statements, Mortgagee will shall have, to the extent permitted under applicable law, a valid and fully perfectedperfected security interest, present assignment of the Rents arising out of the Leases and all security for such Leases, Leases (subject only to the Permitted Encumbrances Liens and any Senior Loan permitted pursuant to the terms and provisions of this MortgagePriority Liens). Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgage, Mortgagee's interest in the Rents will shall be deemed to be fully perfected, "xxxxxx" and enforced as to Mortgagor and all third parties, including, without limitation, any subsequently appointed trustee Mortgagee in any case under Title 11 of the United States Code (the "BANKRUPTCY CODEBankruptcy Code"), without the necessity of commencing a foreclosure action with respect to this Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: And Security Agreement (Interdent Inc)

Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all reasonable actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee will shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases, subject only to the Permitted Encumbrances and any Senior Loan permitted pursuant to the terms and provisions of this Mortgage. Mortgagor acknowledges and agrees that that, upon recordation of this Mortgage Mortgage, Mortgagee's interest in the Rents will shall be deemed to be fully perfected, "xxxxxx" and enforced as to Mortgagor and all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code entitled “Bankruptcy,” as now or hereafter in effect, or any successor thereto (the "BANKRUPTCY CODE"“Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Credit Agreement (Stonemor Partners Lp)

Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all reasonable actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee will shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases, Leases subject only to the Permitted Encumbrances Liens and any Senior Loan permitted pursuant to in the terms case of security deposits, rights of depositors and provisions requirements of this Mortgagelaw. Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgagee's interest in the Rents will shall be deemed to be fully perfected, "xxxxxx" and enforced as to Mortgagor and all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the "BANKRUPTCY CODEBankruptcy Code"), without the necessity of commencing a foreclosure action with respect to this Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Pledge and Security Agreement (AbitibiBowater Inc.)

Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all reasonable actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee will shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases, Leases subject only to the Permitted Encumbrances Liens and any Senior Loan permitted pursuant to in the terms case of security deposits, rights of depositors and provisions requirements of this Mortgagelaw. Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgage, Mortgagee's ’s interest in the Rents will shall be deemed to be fully folly perfected, "xxxxxx" and enforced as to Mortgagor and all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the "BANKRUPTCY CODE"“Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Bright Horizons Family Solutions Inc.)

Perfection Upon Recordation. To the extent available under Wyoming law, Mortgagor acknowledges that Mortgagee has taken all reasonable actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee will shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases, Leases subject only to the Permitted Encumbrances Liens and any Senior Loan permitted pursuant to in the terms case of security deposits, rights of depositors and provisions requirements of this Mortgagelaw. Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgagee's ’s interest in the Rents will shall be deemed to be fully perfected, "xxxxxx" and enforced as to Mortgagor and all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the "BANKRUPTCY CODE"“Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Credit Agreement (1295728 Alberta ULC)

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