Common use of Recognition and Non-Disturbance of Xxxxx Mortgage Clause in Contracts

Recognition and Non-Disturbance of Xxxxx Mortgage. If Administrative Agent, any other Credit Party or any other person (Administrative Agent, any other Credit Party or such other person being herein called a “Purchaser”) shall become the owner of any part of the Property by reason of the foreclosure (whether a judicial foreclosure or non-judicial foreclosure) of a Senior Mortgage or the acceptance of a deed or assignment in lieu of foreclosure or otherwise (any of such being herein called a “Foreclosure Event”), then for so long as the Throughput Agreement is in effect, the Purchaser shall (i) recognize the Xxxxx Mortgage, and the Xxxxx Mortgage shall not be terminated or affected thereby, but shall continue in full force and effect upon all of the terms, covenants and conditions set forth in the Xxxxx Mortgage, and (ii) be bound by and subject to all of the terms, provisions, covenants and conditions of the Xxxxx Mortgage; provided, that, the Xxxxx Mortgage shall be subordinated to any Future Senior Mortgage, regardless of whether such Future Senior Mortgage is a direct replacement of an existing Senior Mortgage or Security Instrument, and any such Future Senior Mortgage shall be considered a “Senior Mortgage” for purposes of this Agreement and the Xxxxx Mortgage. Administrative Agent shall not claim, or seek adjudication, that the Xxxxx Mortgage has been terminated or otherwise adversely affected by any Foreclosure Event.

Recognition and Non-Disturbance of Xxxxx Mortgage. If Administrative Agent, any other Credit Party or any other person (Administrative Agent, any other Credit Party or such other person being herein called a “Purchaser”) shall become the owner of any part of the Property by reason of the foreclosure (whether a judicial foreclosure or non-judicial foreclosure) of a Senior Mortgage or the acceptance of a deed or assignment in lieu of foreclosure or otherwise (any of such being herein called a “Foreclosure Event”), then for so long as the Throughput Pipelines Agreement is in effect, the Purchaser shall (i) recognize the Xxxxx Mortgage, and the Xxxxx Mortgage shall not be terminated or affected thereby, but shall continue in full force and effect upon all of the terms, covenants and conditions set forth in the Xxxxx Mortgage, and (ii) be bound by and subject to all of the terms, provisions, covenants and conditions of the Xxxxx Mortgage; provided, that, the Xxxxx Mortgage shall be subordinated to any Future Senior Mortgage, regardless of whether such Future Senior Mortgage is a direct replacement of an existing Senior Mortgage or Security Instrument, and any such Future Senior Mortgage shall be considered a “Senior Mortgage” for purposes of this Agreement and the Xxxxx Mortgage. Administrative Agent shall not claim, or seek adjudication, that the Xxxxx Mortgage has been terminated or otherwise adversely affected by any Foreclosure Event.

Recognition and Non-Disturbance of Xxxxx Mortgage. If Administrative Agent, any other Credit Party or any other person (Administrative Agent, any other Credit Party or such other person being herein called a “Purchaser”) shall become the owner of any part of the Property by reason of the foreclosure (whether a judicial foreclosure or non-judicial non‑judicial foreclosure) of a Senior Mortgage or the acceptance of a deed or assignment in lieu of foreclosure or otherwise (any of such being herein called a “Foreclosure Event”), then for so long as the Throughput Agreement is in effect, the Purchaser shall (ixlv) recognize the Xxxxx Mortgage, and the Xxxxx Mortgage shall not be terminated or affected thereby, but shall continue in full force and effect upon all of the terms, covenants and conditions set forth in the Xxxxx Mortgage, and (iixlvi) be bound by and subject to all of the terms, provisions, covenants and conditions of the Xxxxx Mortgage; provided, that, the Xxxxx Mortgage shall be subordinated to any Future Senior Mortgage, regardless of whether such Future Senior Mortgage is a direct replacement of an existing Senior Mortgage or Security Instrument, and any such Future Senior Mortgage shall be considered a “Senior Mortgage” for purposes of this Agreement and the Xxxxx Mortgage. Administrative Agent shall not claim, or seek adjudication, that the Xxxxx Mortgage has been terminated or otherwise adversely affected by any Foreclosure Event.

Recognition and Non-Disturbance of Xxxxx Mortgage. If Administrative Agent, any other Credit Party or any other person (Administrative Agent, any other Credit Party or such other person being herein called a “Purchaser”"PURCHASER") shall become the owner of any part of the Property by reason of the foreclosure (whether a judicial foreclosure or non-judicial foreclosure) of a the Senior Mortgage or the acceptance of a deed or assignment in lieu of foreclosure or otherwise (any of such being herein called a “Foreclosure Event”"FORECLOSURE EVENT"), then for so long as the Throughput Pipelines Agreement is in effect, the Purchaser shall (i) recognize the Xxxxx Mortgage, and the Xxxxx Mortgage shall not be terminated or affected thereby, but shall continue in full force and effect upon all of the terms, covenants and conditions set forth in the Xxxxx Mortgage, and (ii) be bound by and subject to all of the terms, provisions, covenants and conditions of the Xxxxx Mortgage; provided, that, the Xxxxx Mortgage shall be subordinated to any Future Senior Mortgage, regardless of whether such Future Senior Mortgage is a direct replacement of an existing Senior Mortgage or Security Instrument, and any such Future Senior Mortgage shall be considered a “"Senior Mortgage” " for purposes of this Agreement and the Xxxxx Mortgage. Administrative Agent shall not claim, or seek adjudication, that the Xxxxx Mortgage has been terminated or otherwise adversely affected by any Foreclosure Event.

Recognition and Non-Disturbance of Xxxxx Mortgage. If Administrative Agent, any other Credit Party or any other person (Administrative Agent, any other Credit Party or such other person being herein called a “Purchaser”) shall become the owner of any part of the Property by reason of the foreclosure (whether a judicial foreclosure or non-judicial non‑judicial foreclosure) of a Senior Mortgage or the acceptance of a deed or assignment in lieu of foreclosure or otherwise (any of such being herein called a “Foreclosure Event”), then for so long as the Throughput Service Agreement is in effect, the Purchaser shall (i) recognize the Xxxxx Mortgage, and the Xxxxx Mortgage shall not be terminated or affected thereby, but shall continue in full force and effect upon all of the terms, covenants and conditions set forth in the Xxxxx Mortgage, and (ii) be bound by and subject to all of the terms, provisions, covenants and conditions of the Xxxxx Mortgage; provided, that, the Xxxxx Mortgage shall be subordinated to any Future Senior Mortgage, regardless of whether such Future Senior Mortgage is a direct replacement of an existing Senior Mortgage or Security Instrument, and any -5 such Future Senior Mortgage shall be considered a “Senior Mortgage” for purposes of this Agreement and the Xxxxx Mortgage. Administrative Agent shall not claim, or seek adjudication, that the Xxxxx Mortgage has been terminated or otherwise adversely affected by any Foreclosure Event.