The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral. For the avoidance of doubt, in the event that any lien or security interest other than a Permitted Encumbrance or a Permitted Lien (as defined in the Mortgage) is asserted against any Mortgaged Property, then Grantor, as mortgagee, shall promptly give the holder of the applicable Mortgage a detailed written notice of such lien or security interest (including origin, amount and other terms) and otherwise comply with Section 3.2 of such Mortgage.
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling (other than with respect to personal property constituting Collateral pursuant to Section 2 hereof) in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral. Section 22.
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Noteholder Mortgage (as defined in the Intercreditor Agreement) and the terms of such Noteholder Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Noteholder Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
The Mortgages. In the event that any of the Shared Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage or the Second Preferred Fleet Mortgage and the terms of such Mortgage or Second Preferred Fleet Mortgage are inconsistent with the terms of this Second Lien Shared Security Agreement, then with respect to such Shared Collateral, the terms of such Mortgage or such Second Preferred Fleet Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Second Lien Shared Security Agreement shall be controlling in the case of all other Shared Collateral.
The Mortgages. (c) A Guaranty Agreement ( the “Guaranty”) executed by Sentio and Sentio OP and pursuant to which Sentio and Sentio OP guarantee the “Guaranteed Indebtedness,” as such term is therein defined.
The Mortgages. 3.1.3 An Assignment of Rents, Leases and Profits with respect to each Mortgaged Property;
The Mortgages. AND DEED OF COVENANTS a first preferred and/or priority mortgage together, where applicable, with collateral deed of covenants over each Vessel;
The Mortgages. If default occurs in the timely and prompt payment of all or part of such Indebtedness, as and when due from time to time and at maturity, howsoever such maturity may be brought about, any judicial proceedings against NHC brought by Lender or other holder of the Note shall be limited to the preservation, enforcement and foreclosure of the liens and security interests granted under the Mortgages now or at any time hereafter securing the payment hereof, and no attachment, execution or other writ of process shall be sought, issued or levied upon any assets, properties or funds of NHC other than the properties, rights, estates, and interests, described in the Mortgages securing the Note. In the event of foreclosure of such liens and security interests granted under the Mortgages securing the payment of the Note by private power of sale or otherwise, no judgment for any deficiency upon such indebtedness, sums and amounts shall be obtainable by Lender or other holder of the Note against NHC or its successors, assigns, or other legal representatives. NHC does hereby ratify and confirm the liens and security interests on the Mortgaged Property granted for the benefit of Lender in the Mortgages and agrees that such liens and security interests are valid and subsisting and are hereby renewed and carried forward.
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral. Del Monte Security Agreement
