Common use of The Liabilities Clause in Contracts

The Liabilities. As used in this Mortgage, the term "Liabilities" --------------- means and includes all of the following: (i) the principal of, interest on and any and all other amounts which may at any time be or become due or owing under the Credit Agreement; (ii) all of the Secured Obligations (each defined for purposes hereof as defined in the Credit Agreement); (iii) all of the covenants, obligations and agreements (and the truth of all representations and warranties) of the Mortgagor in, under or pursuant to the Credit Agreement, the Letters of Credit, this Mortgage, and all of the other Security Documents; (iv) any and all advances, costs or expenses paid or incurred by the Mortgagee to protect any or all of the Collateral (hereinafter defined), perform any obligation of the Mortgagor hereunder or collect any amount owing to the Mortgagee which is secured hereby; (v) any and all other liabilities, obligations and indebtedness, howsoever created, arising or evidenced, direct or indirect, absolute or contingent, now or hereafter existing or due or to become due, owing by the Mortgagor to the Mortgagee under the Credit Documents (provided, however, that the maximum amount included within the Liabilities on account of principal shall not exceed the sum of an amount equal to two times the Credit Amount plus the total amount of all advances made by the Mortgagee to protect the Collateral and the security interest and lien created hereby); (vi) interest on all of the foregoing; (vii) and all costs (including, without limitation, attorneys' fees and expenses) of enforcement and collection of this Mortgage and the other Security Documents, and the other documents, instruments, obligations and liabilities described hereinabove. Any future advances under the Credit Agreement, whether obligatory or made at the option of the Mortgagee, shall be secured by this Mortgage, and shall be entitled to the same priority as if such future advances were made on the date hereof.

The Liabilities. As used in this Mortgage, the term "“Liabilities" --------------- ” means and includes all of the following: (i) the principal of, of and interest on the Note, the Bond and any and all other amounts which may at any time be or become due or owing under this Mortgage, the Credit Indenture and the Financing Agreement; (ii) all indebtedness of any kind arising under, and all amounts of any kind which may at any time be or become due or owing to the Mortgagee under or with respect to any of the Secured Obligations (each defined for purposes hereof as defined in the Credit Agreement)Loan Documents; (iii) all of the covenants, obligations and agreements (and the truth of all representations and warranties) of the Mortgagor in, under or pursuant to the Credit Agreement, the Letters of Credit, this Mortgage, and all of the other Security Loan Documents; (iv) any and all advances, costs or expenses paid or incurred by the Mortgagee to protect any or all of the Collateral (hereinafter defined), perform performance of any obligation of the Mortgagor hereunder or collect collection of any amount owing to the Mortgagee which is secured hereby; (v) any and all other liabilities, obligations and indebtedness, howsoever created, arising or evidenced, direct or indirect, absolute or contingent, recourse or “nonrecourse,” now or hereafter existing or due or to become due, owing by the Mortgagor to the Mortgagee under the Credit Documents (provided, however, that the maximum amount included within the Liabilities on account of principal shall not exceed the sum of an amount equal to two times the Credit Amount plus the total amount of all advances made by the Mortgagee to protect the Collateral and the security interest and lien created hereby)Mortgagee; (vi) interest on all of the foregoing; (vii) and all costs (including, without limitation, attorneys' ’ fees and expenses) of incurred by the Mortgagee or the Trustee in the enforcement and collection of this Mortgage and the other Security amounts due under the Loan Documents, and the other documents, instruments, obligations and liabilities described hereinabove. Any future advances under the Credit Agreement; and all renewals, whether obligatory or made at the option extensions, amendments, and substitutions of the Mortgagee, shall be secured by this Mortgage, and shall be entitled to the same priority as if such future advances were made on the date hereofabove whether or not Mortgagor executes any renewal or extension agreement.

The Liabilities. As used in this Mortgage, the term "“Liabilities" --------------- ” means and includes all of the following: : (i) all performance and payment obligations to the principal ofLender arising under or in connection with the Loan Agreement, interest on the Note, this Mortgage or any of the other Loan Documents, other than the obligations under each of the Limited Repayment Guaranty, Guaranty of Non-Recourse Carveouts, and Unsecured Environmental Indemnity Agreement, which obligations are and shall remain, for as long as Lender deems necessary, unsecured obligations; (ii) all payment, reimbursement, indemnification and other obligations to the Lender, in each case howsoever created, arising or evidenced, whether direct or indirect, joint or several, absolute or contingent, or now or hereafter existing, or due or to become due, arising out of or in connection with the Loan Agreement, the Note, this Mortgage or any of the other Loan Documents; (iii) all indebtedness of any kind arising under, and all other amounts of any kind which may at any time be or become due or owing to the Lender under the Credit Agreement; (ii) all of the Secured Obligations (each defined for purposes hereof as defined in the Credit Agreement); (iii) or with respect to, all of the covenants, obligations and agreements (and the truth of all representations and warranties) of the Mortgagor in, under or pursuant to the Credit Loan Agreement, the Letters of CreditNote, this Mortgage, and all of the other Security Loan Documents; ; (iv) any and all advances, costs or expenses paid or incurred by the Mortgagee Lender (a) to protect any or all of the Collateral (hereinafter defined)) and other collateral under the Loan Documents, (b) to perform any obligation of the Mortgagor Borrower hereunder and any obligation of the Borrower under the Loan Agreement, the Note or any other Loan Documents or collect any amount owing to the Mortgagee Lender, which is secured hereby; hereby or under the Loan Documents; (v) any and all other liabilities, obligations and indebtedness, howsoever created, arising or evidenced, direct or indirect, absolute or contingent, now or hereafter existing or due or to become due, owing by the Mortgagor to the Mortgagee under the Credit Documents (provided, however, that the maximum amount included within the Liabilities on account of principal shall not exceed the sum of an amount equal to two times the Credit Amount plus the total amount of all advances made by the Mortgagee to protect the Collateral and the security interest and lien created hereby); (vi) interest on all of the foregoingforegoing including, where applicable, interest at the Default Interest Rate (as defined in the Note) as applicable to the Note Rate (as defined in the Note); and (viivi) and all costs of enforcement and collection (including, without limitation, attorneys' ’ fees and expensescourt costs) of enforcement and collection of this Mortgage and the other Security Documents, and the other documents, instruments, obligations and liabilities described hereinabove. Any future advances under the Credit Agreement, whether obligatory or made at the option of the Mortgagee, shall be secured by this Mortgage, the Loan Documents and shall be entitled to any of the same priority as if such future advances were made on the date hereofforegoing.