Common use of The Mortgages Clause in Contracts

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.

Appears in 67 contracts

Samples: Credit Agreement (Ortho Clinical Diagnostics Holdings PLC), Security Agreement, Security Agreement (Syniverse Holdings Inc)

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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 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.

Appears in 10 contracts

Samples: Security Agreement, Security Agreement (Warner Music Group Corp.), Security Agreement (Warner Music Group Corp.)

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, of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.

Appears in 9 contracts

Samples: Credit Agreement (Mediq Inc), Security Agreement (Icg Holdings Inc), Credit Agreement (Mediq Inc)

The Mortgages. In the event that If 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.

Appears in 4 contracts

Samples: Credit Agreement (Alliant Techsystems Inc), Credit Agreement (Alliant Techsystems Inc), Credit Agreement (Alliant Techsystems Inc)

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 leasesfixtures, letting and licenses of, and contracts and agreements relating to the lease of, of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.

Appears in 4 contracts

Samples: Credit Agreement (PPD, Inc.), Second Lien Security Agreement (ZoomInfo Technologies Inc.), First Lien Security Agreement (ZoomInfo Technologies Inc.)

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 or leases of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.

Appears in 2 contracts

Samples: Security Agreement (Louisiana Casino Cruises Inc), Security Agreement (Louisiana Casino Cruises Inc)

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 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.

Appears in 2 contracts

Samples: Security Agreement (Itc Deltacom Inc), Security Agreement (Itc Deltacom Inc)

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 licences 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.

Appears in 2 contracts

Samples: Intellectual Property Security Agreement (Ply Gem Holdings Inc), Intellectual Property Security Agreement (Ply Gem Holdings Inc)

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 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 to, the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.

Appears in 1 contract

Samples: Security Agreement (Iron Age Corp)

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 Security 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 Security Agreement shall be controlling in the case of all other Collateral.

Appears in 1 contract

Samples: Security Agreement (Dynegy Inc /Il/)

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 real property and real estate leases, letting and licenses offixtures, and contracts and agreements relating to the lease of, of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.

Appears in 1 contract

Samples: Security Agreement (Gb Holdings Inc)

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 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 to, the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.

Appears in 1 contract

Samples: Security Agreement (Fitness Holdings Inc)

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 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.

Appears in 1 contract

Samples: Security Agreement (Keyw Holding Corp)

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.

Appears in 1 contract

Samples: Security Agreement (Amf Bowling Inc)

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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, of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.

Appears in 1 contract

Samples: Security Agreement (PHP Healthcare Corp)

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 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 to, the lease of, of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.

Appears in 1 contract

Samples: Security Agreement (International Rectifier Corp /De/)

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 real property or leases of real property and vessels registered with the lease of, real propertyU.S. Coast Guard, and the terms of this Agreement shall be controlling in the case of all other Collateral.

Appears in 1 contract

Samples: Pledge and Security Agreement (Peninsula Gaming, LLC)

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 leasesfixtures, 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.

Appears in 1 contract

Samples: Security Agreement (BMCA Quakertown Inc.)

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, of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.]

Appears in 1 contract

Samples: Credit Agreement (Modus Media International Holdings Inc)

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, of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.. 24

Appears in 1 contract

Samples: Security Agreement (Afa Products Inc)

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.. 31

Appears in 1 contract

Samples: Security Agreement (Del Monte Foods Co)

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 mortgage and the terms of such Mortgage mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage 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.

Appears in 1 contract

Samples: Pledge and Security Agreement (Marvel Enterprises Inc)

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 Security 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 Security Agreement shall be controlling in the case of all other Collateral.. Dynegy Security Agreement

Appears in 1 contract

Samples: Dynegy Security Agreement

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