Common use of Senior Mortgage Clause in Contracts

Senior Mortgage. Anything herein to the contrary notwithstanding, unless the Lien of the Senior Mortgage shall have been discharged, the Secured Party shall not be entitled to, and shall not proceed to foreclose the Lien of this Mortgage against any of the Collateral or otherwise exercise any right or remedy pursuant to this Mortgage attributable to the occurrence of a Subordinated Event of Default, unless and until the Senior Secured Party shall have exercised or concurrently be exercising one or more dispossessory remedies under the Senior Mortgage with respect to the Pledged Spare Parts, and in the exercise of any of the Secured Party’s rights and remedies under this Mortgage, the Secured Party may not exercise any such right or remedy in a manner inconsistent with, or otherwise in a manner which would impair or impede or otherwise adversely affect, the exercise of the rights and remedies of the Senior Secured Party under the Senior Mortgage; it being expressly understood and agreed that the Lien of this Mortgage on the Collateral shall at all times be junior and otherwise subject and subordinate in all respects, to the Lien of the Senior Mortgage.

Appears in 1 contract

Samples: Loan Agreement (Flyi Inc)

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Senior Mortgage. Anything herein to the contrary notwithstanding, unless the Lien of the Senior Mortgage shall have been discharged, the Secured Party Security Trustee shall not be entitled to, and shall not proceed to foreclose the Lien of this Mortgage against any of the Collateral or otherwise exercise any right or remedy pursuant to this Mortgage attributable to the occurrence of a Subordinated Event of Default, unless and until the Senior Secured Party Trustee shall have exercised or concurrently be exercising one or more dispossessory remedies under the Senior Mortgage with respect to the Pledged Spare PartsEngines, and in the exercise of any of the Secured Party’s Security Trustee's rights and remedies under this Mortgage, the Secured Party Security Trustee may not exercise any such right or remedy in a manner inconsistent with, or otherwise in a manner which would impair or impede or otherwise adversely affect, the exercise of the rights and remedies of the Senior Secured Party Trustee under the Senior Mortgage; it being expressly understood and agreed that the Lien of this Mortgage on the Collateral shall at all times be junior and otherwise subject and subordinate in all respects, to the Lien of the Senior Mortgage.

Appears in 1 contract

Samples: Mortgage and Security Agreement (America West Holdings Corp)

Senior Mortgage. Anything herein to the contrary notwithstanding, unless the Lien of the Senior Mortgage shall have been discharged, the Secured Party shall not be entitled to, and shall not proceed to foreclose the Lien of this Mortgage against any of the Collateral or otherwise exercise any right or remedy pursuant to this Mortgage attributable to the occurrence of a Subordinated Event of Default, unless and until the Senior Secured Party shall have exercised or concurrently be exercising one or more dispossessory remedies under the Senior Mortgage with respect to the Pledged Spare PartsEngines, and in the exercise of any of the Secured Party’s rights and remedies under this Mortgage, the Secured Party may not exercise any such right or remedy in a manner inconsistent with, or otherwise in a manner which would impair or impede or otherwise adversely affect, the exercise of the rights and remedies of the Senior Secured Party under the Senior Mortgage; it being expressly understood and agreed that the Lien of this Mortgage on the Collateral shall at all times be junior and otherwise subject and subordinate in all respects, to the Lien of the Senior Mortgage.

Appears in 1 contract

Samples: Loan Agreement (Flyi Inc)

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Senior Mortgage. Anything herein to the contrary notwithstanding, unless the Lien of the Senior Mortgage shall have been discharged, the Secured Party Security Trustee shall not be entitled to, and shall not proceed to foreclose the Lien of this Mortgage against any of the Collateral or otherwise exercise any right or remedy pursuant to this Mortgage attributable to the occurrence of a Subordinated Event of Default, unless and until the Senior Secured Party Trustee shall have exercised or concurrently be exercising one or more dispossessory remedies under the Senior Mortgage with respect to the Pledged Spare Parts, and in the exercise of any of the Secured Party’s Security Trustee's rights and remedies under this Mortgage, the Secured Party Security Trustee may not exercise any such right or remedy in a manner inconsistent with, or otherwise in a manner which would impair or impede or otherwise adversely affect, the exercise of the rights and remedies of the Senior Secured Party Trustee under the Senior Mortgage; it being expressly understood and agreed that the Lien of this Mortgage on the Collateral shall at all times be junior and otherwise subject and subordinate in all respects, to the Lien of the Senior Mortgage.

Appears in 1 contract

Samples: Mortgage and Security Agreement (America West Holdings Corp)

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