Common use of Waiver of Marshalling of Assets Clause in Contracts

Waiver of Marshalling of Assets. (a) Borrower acknowledge that Lender has made the Loan to Borrower upon, among other things, the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other Mortgages; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; and (iii) each Mortgage shall constitute security for the Note and the Loan as if a single blanket lien were placed on all of the Properties as security for the Note and the Loan (except where such Mortgage explicitly states a maximum principal amount to be secured by such Mortgage).

Appears in 5 contracts

Samples: Loan Agreement (Hospitality Investors Trust, Inc.), Loan Agreement (W2007 Grace Acquisition I Inc), Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

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Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties Collateral and in reliance upon the aggregate of the Properties taken together Collateral being of greater value as collateral security than the sum of each Individual Property any portion of the Collateral taken separately. Borrower agrees that the Mortgages are Pledge Agreement is and will be cross-collateralized and cross-defaulted with each the Security Agreement other so that (i) an Event of Default under any of the Mortgages Pledge Agreement shall constitute an Event of Default under each of the other MortgagesSecurity Agreement which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgagethe Pledge Agreement and the Security Agreement; and (iii) each Mortgage the Pledge Agreement and the Security Agreement shall constitute security for the Note and the Loan as if a single blanket lien were placed on all of the Properties as security for the Note Note; and the Loan (except where iv) such Mortgage explicitly states cross-collateralization shall in no event be deemed to constitute a maximum principal amount to be secured by such Mortgage)fraudulent conveyance.

Appears in 1 contract

Samples: Junior Mezzanine Loan Agreement (Felcor Lodging Trust Inc)

Waiver of Marshalling of Assets. (a) The Borrower acknowledge acknowledges that Lender has made the Loan to the Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property the Properties taken separately. The Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other MortgagesMortgages which secure the Note; (ii) an Event of Default under the Note or this Loan Agreement shall constitute an Event of Default under each Mortgage; and (iii) each Mortgage shall constitute security for the Note and the Loan as if a single blanket lien were placed on all of the Properties as security for the Note and the Loan (except where such Mortgage explicitly states a maximum principal amount to be secured by such Mortgage)Note.

Appears in 1 contract

Samples: Loan Agreement (Ramco Gershenson Properties Trust)

Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, (b) upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other MortgagesMortgages which secure the Note; (ii) an Event of Default under the Note or this Loan Agreement shall constitute an Event of Default under each Mortgage; and (iii) each Mortgage shall constitute security for the Note and the Loan as if a single blanket lien were placed on all of the Properties as security for the Note and the Loan (except where such Mortgage explicitly states a maximum principal amount to be secured by such Mortgage)Note.

Appears in 1 contract

Samples: Loan Agreement (Inland Real Estate Corp)

Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties Collateral and in reliance upon the aggregate of the Properties taken together Collateral being of greater value as collateral security than the sum of each Individual Property any portion of the Collateral taken separately. Borrower agrees that the Mortgages Pledge Agreements are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages Pledge Agreements shall constitute an Event of Default under each of the other MortgagesPledge Agreements which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each MortgagePledge Agreement; and (iii) each Mortgage Pledge Agreement shall constitute security for the Note and the Loan as if a single blanket lien were placed on all of the Properties as security for the Note Note; and the Loan (except where iv) such Mortgage explicitly states cross-collateralization shall in no event be deemed to constitute a maximum principal amount to be secured by such Mortgage)fraudulent conveyance.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Felcor Lodging Trust Inc)

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Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event of Default under each of the other MortgagesMortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; and (iii) each Mortgage shall constitute security for the Note and the Loan as if a single blanket lien were placed on all of the Properties as security for the Note and the Loan (except where iv) such Mortgage explicitly states cross-collateralization shall in no event be deemed to constitute a maximum principal amount to be secured by such Mortgage)fraudulent conveyance.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Waiver of Marshalling of Assets. (a) Borrower acknowledge acknowledges that Lender has made the Loan to Borrower upon, among other things, upon the security of its collective interest in the Properties and in reliance upon the aggregate of the Properties taken together being of greater value as collateral security than the sum of each Individual Property taken separately. Borrower agrees that the Mortgages are and will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default under any of the Mortgages shall constitute an Event event of Default under each of the other MortgagesMortgages which secure the Note; (ii) an Event of Default under the Note or this Agreement shall constitute an Event of Default under each Mortgage; and (iii) each Mortgage shall constitute security for the Note and the Loan as if a single blanket lien were placed on all of the Properties as security for the Note Note; and the Loan (except where iv) such Mortgage explicitly states cross-collateralization shall in no event be deemed to constitute a maximum principal amount to be secured by such Mortgage)fraudulent conveyance.

Appears in 1 contract

Samples: Loan Agreement (Entertainment Properties Trust)

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