TO SECURE. (i) payment and performance of all covenants, conditions, liabilities and obligations of Borrower to Lender contained in the Note and the other Loan Documents,
TO SECURE. (i) payment and performance of all covenants, conditions, liabilities and obligations of Grantor to Beneficiary contained in, and payment of the indebtedness evidenced by, the Note plus all interest payable thereunder; and
TO SECURE. (i) the full and prompt payment when due (whether at the stated maturity, by acceleration or otherwise) of all Obligations of the Pledgor under the Credit Agreement and the other Financing Documents in respect of the New Tranche B Loan, whether direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising and howsoever evidenced, and the due performance and compliance by the Pledgor with the terms thereof; (ii) any and all sums advanced by the Pledgee or any New Tranche B Lender in order to preserve the Collateral or preserve its security interest in the Collateral (as defined below); and (iii)in the event of any proceeding for the collection or enforcement of any indebtedness, obligations, or liabilities referred to in clauses (i) and (ii) above, the reasonable expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing or realizing on the Collateral, or of any exercise by the Pledgee of its rights hereunder with respect thereto, together with reasonable attorneys' fees and court costs related thereto, all such obligations, liabilities, sums and expenses set forth in clauses (i) through (iii) of this Section 1, whether now existing or hereafter arising, being herein collectively called the "Secured Obligations". 2.
TO SECURE. The payment and performance by the Mortgagor of all of its obligations, covenants and duties, including, but not limited to, obligations to make payment of all principal, interest (including any interest that accrues after the filing of a petition of the type referred to in Sections 501(vi) and 501(vii) of the Indenture) fees, expenses and other amounts payable under the Guarantee, this Mortgage, the Indenture and any other Security Document, including all amounts that constitute part of such obligations and would be owed by the Company or the Mortgagor to the Mortgagee but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving the Company or the Mortgagor, (all of such obligations, covenants and duties referred to in this paragraph being called, collectively, the "Liabilities"). The Mortgagor hereby grants to the Mortgagee on behalf of the Mortgagee and of the Holders, a security interest in, and the Mortgagor hereby mortgages to the Mortgagee on its own behalf and on behalf of the Holders, all of its estate, right, title and interest in, to and under, or derived from, the following property: The Land, together with all right, title and interest of the Mortgagor now owned or hereafter acquired, if any, in and to the streets, the land lying in the bed of any xxxxxxx, xxxxx, xxxxxxx, alleys, passages and sidewalks; and all reversionary rights with respect to the vacation of said xxxxxxx, xxxxx, xxxxxxx, alleys, passages and sidewalks, open or proposed, in front of, adjoining or abutting the Land to the center line thereof and any air spaces thereover and all and singular the reversions or remainders in and to the Land and the tenements, hereditaments, easements (in gross and/or appurtenant), rights-of-way or use, rights (including alley, drainage, crop, timber, agricultural, horticultural, mineral, water, ditch, reservoir, oil and gas rights), privileges, royalties and appurtenances to the Land, now or hereafter belonging or in anywise appertaining thereto, including any such estate, right, title, interest in, to or under any agreement or right granting, conveying or creating, for the benefit of the Land, any easement, right or license in any way affecting the said property and other property and in, to or under any streets, ways, alleys, vaults, gores or strips of land adjoining the Land and or any parcel thereof, or in or to the air space over the Land, and all rights ...
TO SECURE. (1) payment and performance of all covenants, conditions, liabilities and obligations of Borrower to Lender contained in, and payment of the indebtedness evidenced by, the Note plus all interest payable thereunder; and
TO SECURE. (a) Payment of the indebtedness of the sum of $3,600,000.00 owed by Debtor to Secured Party, with interest, evidenced by a promissory note from Debtor to Secured Party, dated of even date herewith (the "Note"), together with any and all renewals and extensions of the Note; and
TO SECURE. (i) payment and performance of all covenants, conditions, liabilities and obligations of Grantor to Beneficiary contained in, and payment of the indebtedness evidenced by, the Notes plus all interest payable thereunder; and (ii) payment and performance of all covenants, conditions, liabilities and obligations contained in this Mortgage and any extensions, renewals or modifications hereof; and (iii) payment and performance of all covenants, conditions, liabilities and obligations of Grantor contained in the Assignment of Leases, Rents and Security Deposits, dated as of the date hereof (together with any extensions, renewals or modifications thereof, the "Assignment of Leases"), between Grantor, as assignor, and Beneficiary, as assignee, and the Cash Collateral Account, Security, Pledge and Assignment Agreement, dated as of the date hereof (together with any extensions, renewals or modifications thereof, the "Cash Collateral Agreement"), among Grantor, as borrower, LaSalle National Bank, as securities intermediary, and Beneficiary, as lender; and (iv) payment and performance of all covenants, conditions, liabilities and obligations of Grantor contained in each of the other Loan Documents (as defined below); and (v) without limiting the foregoing, payment of all indebtedness, liabilities, and amounts from time to time incurred by Beneficiary pursuant to the Notes, this Mortgage or such other Loan Documents, even if the aggregate amount of the monetary obligation outstanding at any one time exceeds the face amount of the Notes (all of the foregoing indebtedness, monetary liabilities and obligations set forth in clauses (i)-(iv) above and this clause (v), collectively, the "Indebtedness"); and (vi) payment of the Indebtedness together with the payment and performance of all other covenants, conditions, liabilities and obligations described and set forth in clauses (i)-(v) above and in this clause (vi), collectively, the "Obligations." 3
TO SECURE. (a) (i) repayment of all amounts advanced and to be advanced under the Notes, the terms of which are hereby made a part of this Mortgage, (ii) payment of all reimbursement obligations in respect of the Letters of Credit, (iii) payment of all interest (including interest on principal after default), fees and expenses payable on the Notes or under the Loan Agreement and the Letters of Credit as provided in the Loan Agreement and (iv) payment of any and all fees, costs and expenses, including, without limitation, attorney's fees, incurred by Mortgagee in enforcing rights and remedies of Mortgagee hereunder and under the Loan Agreement, the Notes and the Collateral Security Documents (the items set forth in clauses (i), (ii), (iii) and (iv) being referred to collectively as the "Indebtedness"); and
TO SECURE. (i) payment and performance of all covenants, conditions, liabilities and obligations of Mortgagor contained in, and payment of the indebtedness evidenced by, the Class A Note and any Additional Notes (hereinafter defined) (the Class A Note and any Additional Notes hereinafter sometimes collectively referred to as the "Mortgage Notes") plus all interest and other amounts payable thereunder; and
