Common use of Security; Loan Documents Clause in Contracts

Security; Loan Documents. This Note evidences a loan made by Lender to the Borrower pursuant to a Loan Agreement of even date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Mortgage, Assignment of Rents, and Security Agreement (as the same may from time to time be amended, restated, modified or supplemented, the “Mortgage”), of even date herewith, from LBO Holding, Inc. (“LBO”), to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Wilmington, Vermont and Dover, Vermont, and commonly known as the Mount Attitash Ski Resort (the “Property”); (b) the Assignment of Rents, Leases and Leasing Agreements of even date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith executed by ▇▇▇▇▇▇▇▇; (d) the Environmental Indemnity Agreement of even date herewith executed by ▇▇▇▇▇▇▇▇; and (e) the Debt Service Reserve and Security Agreement by and between Lender and Borrower of even date herewith. This Note, the Mortgage, the Loan Agreement and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document” and together the “Loan Documents.”

Security; Loan Documents. This Note evidences a loan made by Lender to the Borrower pursuant to a Loan Master Credit and Security Agreement of even date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “▇▇▇▇ ▇▇▇▇▇ Mortgage”), of even date herewith, from JFBB Ski Areas, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in ▇▇▇▇▇▇, Pennsylvania, and commonly known as the ▇▇▇▇ ▇▇▇▇▇ Ski Resort (the “▇▇▇▇ ▇▇▇▇▇ Property”); (b) that certain Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Big Boulder Mortgage”, together with the Jack Frost Mortgage, the “Mortgage”), of even date herewith, from JFBB Ski Areas, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in ▇▇▇▇▇▇, Pennsylvania, and commonly known as the Big Boulder Ski Resort (the “Big Boulder Property”, together with the ▇▇▇▇ ▇▇▇▇▇ Property, the “Property”); and (c) the Master Debt Service Reserve and Security Agreement (as the same may from time to time be amended, restated, modified or supplemented, the “Mortgage”), of even date herewith, from LBO Holding, Inc. (“LBO”), to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Wilmington, Vermont and Dover, Vermont, and commonly known as the Mount Attitash Ski Resort (the “Property”); (b) the Assignment of Rents, Leases and Leasing Agreements of even date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith executed by ▇▇▇▇▇▇▇▇; (d) the Environmental Indemnity Agreement of even date herewith executed by ▇▇▇▇▇▇▇▇; and (e) the Debt Service Reserve and Security Agreement Agreement”) by and between Lender and Borrower of even date herewith. This Note, the Mortgage, the Loan Agreement and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document” and together the “Loan Documents.”

Security; Loan Documents. (a) This Note evidences a loan made by Lender to the Borrower pursuant to a Loan Agreement of even Agreement, dated the same date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Open-End Mortgage, Assignment of Rents, Security Agreement, and Security Agreement (as Fixture Filing, dated the same may date herewith, from time Borrower to time and for the benefit of Lender, to be amendedrecorded in the public records of Geagua County, restated, modified or supplemented, Ohio (the “Mortgage”), . All of even date herewith, from LBO Holding, Inc. (“LBO”), to Lender, conveying and encumbering certain the real and personal property more particularly described therein and located in Wilmington, Vermont and Dover, Vermont, and commonly known secured by the Mortgage is hereinafter referred to as the Mount Attitash Ski Resort (the “Property.”); (b) In addition to the Mortgage, this Note shall be secured by: (i) the Assignment of RentsRents and Leases, Leases and Leasing Agreements of even dated the same date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith herewith, executed by ▇▇▇▇▇▇▇▇▇ to and for the benefit of Lender (the “Lease Assignment”); (dii) the Environmental Indemnity Agreement of even Agreement, dated the same date herewith herewith, executed by ▇▇▇▇▇▇▇▇▇ to and for the benefit of Lender (the “Environmental Indemnity”); and (eiii) the Debt Service service Reserve and Security Agreement Agreement, by and between Lender and Borrower of even Borrower, dated the same date herewith. herewith (the “Debt Service Agreement”); and (iv) UCC financing statements, to be field in the applicable jurisdictions against Borrower’s personal property. (c) This Note, the Loan Agreement, the Mortgage, the Loan Agreement Lease Assignment, Environmental Indemnity, the Debt Service Agreement, the UCC financing statements, and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document,” and together the “Loan Documents”.”

Security; Loan Documents. This Note evidences a loan made by Lender to the Borrower pursuant to a Master Loan Agreement of even date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Security Agreement Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Mortgage”), of even date herewith, from LBO HoldingMount Snow, Inc. (“LBO”)Ltd, to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Wilmington, Vermont and Dover, Vermont, and commonly known as the Mount Attitash Snow Ski Resort (the “Property”); and (b) the Assignment of Rents, Leases and Leasing Agreements of even date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith executed by ▇▇▇▇▇▇▇▇; (d) the Environmental Indemnity Agreement of even date herewith executed by ▇▇▇▇▇▇▇▇; and (e) the Master Debt Service Reserve and Security Agreement (as the same may from time to time be amended, restated, modified or supplemented, the “Debt Service Agreement”) by and between Lender and Borrower of even date herewith. This Note, the Mortgage, the Loan Agreement and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document” and together the “Loan Documents.”

Security; Loan Documents. This Note evidences a loan made by Lender to the Borrower pursuant to a Master Loan Agreement of even date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Security Agreement Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Mortgage”), of even date herewith, from LBO HoldingSycamore Lake, Inc. (“LBO”)Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Wilmington▇▇▇▇▇▇, Vermont and Dover, VermontOhio, and commonly known as the Mount Attitash Alpine Valley Ski Resort (the “Property”); and (b) the Assignment of Rents, Leases and Leasing Agreements of even date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith executed by ▇▇▇▇▇▇▇▇; (d) the Environmental Indemnity Agreement of even date herewith executed by ▇▇▇▇▇▇▇▇; and (e) the Master Debt Service Reserve and Security Agreement (as the same may from time to time be amended, restated, modified or supplemented, the “Debt Service Agreement”) by and between Lender and Borrower of even date herewith. This Note, the Mortgage, the Loan Agreement and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document” and together the “Loan Documents.”

Security; Loan Documents. This Note evidences a loan made by Lender to the Borrower pursuant to a Master Loan Agreement of even date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Boston ▇▇▇▇▇ Mortgage”), of even date herewith, from Boston ▇▇▇▇▇ Ski Resort, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Boston, Ohio, and commonly known as the Boston ▇▇▇▇▇ Ski Resort (the “Boston ▇▇▇▇▇ Property”); (b) that certain Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Brandywine Mortgage”, together with the Boston ▇▇▇▇▇ Mortgage, the “Mortgage”), of even date herewith, from Brandywine Ski Resort, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Sagamore Hills, Ohio, and commonly known as the Brandywine Ski Resort (the “Brandywine Property”, together with the Boston ▇▇▇▇▇ Property, the “Property”); and (c) the Master Debt Service Reserve and Security Agreement (as the same may from time to time be amended, restated, modified or supplemented, the “Mortgage”), of even date herewith, from LBO Holding, Inc. (“LBO”), to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Wilmington, Vermont and Dover, Vermont, and commonly known as the Mount Attitash Ski Resort (the “Property”); (b) the Assignment of Rents, Leases and Leasing Agreements of even date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith executed by ▇▇▇▇▇▇▇▇; (d) the Environmental Indemnity Agreement of even date herewith executed by ▇▇▇▇▇▇▇▇; and (e) the Debt Service Reserve and Security Agreement Agreement”) by and between Lender and Borrower of even date herewith. This Note, the Mortgage, the Loan Agreement and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be be (1) Subject to change in accordance with Section 2(f)(i) of the Restructure Agreement. amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document” and together the “Loan Documents.””(2)

Security; Loan Documents. This Note evidences a loan made by Lender to the Borrower pursuant to a Loan Master Credit and Security Agreement of even date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Boston ▇▇▇▇▇ Mortgage”), of even date herewith, from Boston ▇▇▇▇▇ Ski Resort, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Boston, Ohio, and commonly known as the Boston ▇▇▇▇▇ Ski Resort (the “Boston ▇▇▇▇▇ Property”); (b) that certain Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Brandywine Mortgage”, together with the Boston ▇▇▇▇▇ Mortgage, the “Mortgage”), of even date herewith, from Brandywine Ski Resort, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Sagamore Hills, Ohio, and commonly known as the Brandywine Ski Resort (the “Brandywine Property”, together with the Boston ▇▇▇▇▇ Property, the “Property”); and (c) the Master Debt Service Reserve and Security Agreement (as the same may from time to time be amended, restated, modified or supplemented, the “Mortgage”), of even date herewith, from LBO Holding, Inc. (“LBO”), to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Wilmington, Vermont and Dover, Vermont, and commonly known as the Mount Attitash Ski Resort (the “Property”); (b) the Assignment of Rents, Leases and Leasing Agreements of even date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith executed by ▇▇▇▇▇▇▇▇; (d) the Environmental Indemnity Agreement of even date herewith executed by ▇▇▇▇▇▇▇▇; and (e) the Debt Service Reserve and Security Agreement Agreement”) by and between Lender and Borrower of even date herewith. This Note, the Mortgage, the Loan Agreement and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document” and together the “Loan Documents.”

Security; Loan Documents. This Note evidences a loan made by Lender to the Borrower pursuant to a Master Loan Agreement of even date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “▇▇▇▇ Frost Mortgage”), of even date herewith, from JFBB Ski Areas, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in ▇▇▇▇▇▇, Pennsylvania, and commonly known as the ▇▇▇▇ Frost Ski Resort (the “▇▇▇▇ ▇▇▇▇▇ Property”); (b) that certain Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Big Boulder Mortgage”, together with the ▇▇▇▇ Frost Mortgage, the “Mortgage”), of even date herewith, from JFBB Ski Areas, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in ▇▇▇▇▇▇, Pennsylvania, and commonly known as the Big Boulder Ski Resort (the “Big Boulder Property”, together with the ▇▇▇▇ Frost Property, the “Property”); and (c) the Master Debt Service Reserve and Security Agreement (as the same may from time to time be amended, restated, modified or supplemented, the “Mortgage”), of even date herewith, from LBO Holding, Inc. (“LBO”), to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Wilmington, Vermont and Dover, Vermont, and commonly known as the Mount Attitash Ski Resort (the “Property”); (b) the Assignment of Rents, Leases and Leasing Agreements of even date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith executed by ▇▇▇▇▇▇▇▇; (d) the Environmental Indemnity Agreement of even date herewith executed by ▇▇▇▇▇▇▇▇; and (e) the Debt Service Reserve and Security Agreement Agreement”) by and between Lender and Borrower of even date herewith. This Note, the Mortgage, the Loan Agreement and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document” and together the “Loan Documents.”