Ratification of Deed of Trust Sample Clauses

Ratification of Deed of Trust. Except as modified by this First Amendment, all terms, covenants and conditions set forth in the Deed of Trust, including, without limitation, the grant of Mortgaged Property contained in Section 2.1 of the Deed of Trust, together with all representations and warranties made therein, shall remain valid, effective and in force, and are hereby ratified and affirmed.
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Ratification of Deed of Trust. Except as expressly modified by this Agreement, the Deed of Trust is hereby ratified and reaffirmed and shall continue in full force and effect. In confirmation of the foregoing, each of the Issuer and the Lessee hereby ratifies and reaffirms the grant, bargain, sale and conveyance of the Security Property previously made in the Deed of Trust to the Individual Trustees, and, in confirmation of the foregoing, does hereby presently grant, bargain, sell and convey the Security Property unto the Individual Trustees, and each of the Issuer and the Lessee hereby ratifies and reaffirms the assignment of all leases, rents and profits relating to the Security Property previously made in the Deed of Trust to the Agent, and, in confirmation of the foregoing, does hereby presently assign to the Agent all leases, rents and profits relating to the Security Property, including, without limitation, the Facility Lease, and all security therefor and all guarantees thereof or of any of the Lessee’s obligations under the Operative Documents, including, without limitation, the Guarantee, as the same may be amended, supplemented or otherwise modified from time to time, IN TRUST, WITH POWER OF SALE, to secure to the Agent the prompt payment and performance of the Secured Obligations, subject, however, to the Permitted Encumbrances.
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Ratification of Deed of Trust. Borrower hereby ratifies and reaffirms that certain Credit Line Deed of Trust, Assignment of Rents and Leases, Security Agreement and Financing Statement dated March 25, 2011, recorded in the Clerk’s Office, Circuit Court, City of Virginia Beach, Virginia (the “Clerk’s Office”), as Instrument Number 20110412000371340, as amended by a First Modification to Credit Line Deed of Trust, Assignment of Rents and Leases, Security Agreement and Financing Statement dated June 16, 2011, recorded in the Clerk’s Office as Instrument Number 00000000000000000, from Borrower to the trustee named therein for the benefit of Lender (as further amended, restated and/or supplemented from time to time, the “Deed of Trust”), and confirms that the lien of the Deed of Trust secures the obligations of Borrower under the Note and the other Loan Documents, as modified by this Modification.
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Related to Ratification of Deed of Trust

  • Amended and Restated Agreement and Declaration of Trust A copy of the Amended and Restated Agreement and Declaration of Trust for the Trust is on file with the Secretary of the Commonwealth of Massachusetts. The Amended and Restated Agreement and Declaration of Trust has been executed on behalf of the Trust by Trustees of the Trust in their capacity as Trustees of the Trust and not individually. The obligations of this Agreement shall be binding upon the assets and property of the Trust and shall not be binding upon any Trustee, officer, or shareholder of the Trust individually.

  • Amendment of Trust Agreement The Trust Agreement may be amended or supplemented from time to time by the Depositor and the Trustee without the consent of any of the Certificateholders to (a) cure any ambiguity, (b) correct or supplement any provisions herein which may be inconsistent with any other provisions herein, (c) modify, eliminate or add to any of its provisions to such extent as shall be necessary or appropriate to maintain the qualification of the Trust (or any assets thereof) either as a REMIC, as applicable under the Code at all times that any Certificates are outstanding or (d) make any other provisions with respect to matters or questions arising under the Trust Agreement or matters arising with respect to the Trust which are not covered by the Trust Agreement which shall not be inconsistent with the provisions of the Trust Agreement, provided that such action shall not adversely affect in any material respect the interests of any Certificateholder. Any such amendment or supplement shall be deemed not to adversely affect in any material respect any Certificateholder if there is delivered to the Trustee written notification from each Rating Agency that rated the applicable Certificates to the effect that such amendment or supplement will not cause that Rating Agency to reduce the then current rating assigned to such Certificates, as well as an Opinion of Counsel that such amendment or supplement will not result in the loss by the Trust or the assets thereof of REMIC status. The Trust Agreement may also be amended from time to time by the Depositor and the Trustee with the consent of the Holders of Certificates entitled to at least 66% of the Voting Rights for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of the Trust Agreement or of modifying in any manner the rights of the Holders of Certificates; provided, however, that no such amendment shall (A) reduce in any manner the amount of, or delay the timing of, payments received on Mortgage Loans which are required to be distributed on any Certificate without the consent of the Holder of such Certificate, (B) adversely affect in any material respect the interests of the Holders of any Class of Certificates, or (C) reduce the aforesaid percentage of Certificates the Holders of which are required to consent to any such amendment, unless each Holder of a Certificate affected by such amendment consents. For purposes of the giving or withholding of consents pursuant to this Section 11.01, Certificates registered in the name of the Depositor or an Affiliate shall be entitled to Voting Rights with respect to matters affecting such Certificates. Prior to consenting to any amendment, the Trustee shall be entitled to receive an Opinion of Counsel from the Depositor stating that the proposed amendment is authorized and permitted pursuant to this Trust Agreement. Promptly after the execution of any such amendment, the Trustee shall notify Certificateholders of such amendment and, upon written request, furnish a copy of such amendment to any Certificateholder. It shall not be necessary for the consent of Certificateholders under this Section 11.01 to approve the particular form of any proposed amendment, but it shall be sufficient if such consent shall approve the substance thereof. The manner of obtaining such consents and of evidencing the authorization of the execution thereof by Certificateholders shall be subject to such reasonable regulations as the Trustee may prescribe.

  • Ratification of Base Indenture The Base Indenture, as supplemented by this Supplemental Indenture, is in all respects ratified and confirmed, and this Supplemental Indenture shall be deemed part of the Base Indenture in the manner and to the extent herein and therein provided.

  • Amendment to Loan Agreement Subject to satisfaction of the conditions precedent set forth in Section 3 below, the Loan Agreement is hereby amended as follows:

  • Ratification of Lease Except as amended hereby, the Lease shall remain in full force and effect in accordance with its terms and is hereby ratified. In the event of a conflict between the Lease and this Amendment, this Amendment shall control.

  • Agreement and Declaration of Trust These By-Laws shall be subject to the Agreement and Declaration of Trust, as from time to time in effect (the "Declaration of Trust"), of the above-captioned Massachusetts business trust established by the Declaration of Trust (the "Trust").

  • Amendment to Forbearance Agreement As of the date hereof, Section 2(b) of the Forbearance Agreement shall be amended and restated in its entirety to read as follows:

  • Amendment of Note The Note is amended as follows: The “Maturity Date” of the Note is hereby extended from September 30, 2010 until December 31, 2010, which date shall hereafter be the new “Maturity Date.”

  • Ratification of Original Indenture The Original Indenture, as supplemented by this Supplemental Indenture, is in all respects ratified and confirmed, and this Supplemental Indenture shall be deemed part of the Original Indenture in the manner and to the extent herein and therein provided. For the avoidance of doubt, each of the Company and each Holder of the Notes, by its acceptance of such Notes, acknowledges and agrees that all of the rights, privileges, protections, immunities and benefits afforded to the Trustee and the Paying Agent under the Original Indenture are deemed to be incorporated herein, and shall be enforceable by the Trustee and the Paying Agent hereunder, as if set forth herein in full. U.S. Bank National Association hereby accepts the trusts in this Supplemental Indenture declared and provided, upon the terms and conditions herein above set forth.

  • Ratification of Agreement As supplemented by this Supplement, the Agreement is in all respects ratified and confirmed and the Agreement as so supplemented by this Supplement shall be read, taken and construed as one and the same instrument.

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