Common use of Condemnation/Eminent Domain Clause in Contracts

Condemnation/Eminent Domain. Promptly upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, or any portion thereof, Mortgagor shall notify Mortgagee of the pendency of such proceedings. If an Event of Default occurs and is continuing, Mortgagee is hereby authorized and empowered by Xxxxxxxxx to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee as collateral to secure the payment and performance of the Indebtedness and the Obligations. Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof.

Appears in 3 contracts

Samples: Harland Financial Solutions, Inc., Harland Financial Solutions, Inc., Harland Financial Solutions, Inc.

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Condemnation/Eminent Domain. Promptly upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, or any portion thereof, Mortgagor Grantor shall notify Mortgagee Beneficiary of the pendency of such proceedings. If an Event of Default occurs and is continuing, Mortgagee Beneficiary is hereby authorized and empowered by Xxxxxxxxx Grantor to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee Beneficiary as collateral to secure the payment and performance of the Indebtedness and the Obligations. Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor Grantor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof.

Appears in 3 contracts

Samples: Harland Financial Solutions, Inc., Harland Financial Solutions, Inc., Harland Financial Solutions, Inc.

Condemnation/Eminent Domain. Promptly Immediately upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, or any portion thereof, Mortgagor shall notify Mortgagee of the pendency of such proceedings. If an Event of Default occurs and is continuing, Mortgagee is hereby authorized and empowered by Xxxxxxxxx Mortgagor to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee as collateral to secure the payment and performance of the Indebtedness and the Obligations. Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof.

Appears in 2 contracts

Samples: Credit Agreement (MacDermid Group Inc.), Credit Agreement (Doane Pet Care Co)

Condemnation/Eminent Domain. Promptly upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, or any portion thereof, Mortgagor shall notify Mortgagee of the pendency of such proceedings. If an Event of Default occurs and is continuing, Mortgagee is hereby authorized and empowered by Xxxxxxxxx Mortgagor to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee as collateral to secure the payment and performance of the Indebtedness and the Obligations. Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof.

Appears in 1 contract

Samples: Harland Financial Solutions, Inc.

Condemnation/Eminent Domain. Promptly Immediately upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, or any portion thereof, Mortgagor shall will notify Mortgagee of the pendency of such proceedings. If During the continuance of an Event of Default occurs Default, and is continuingsubject to Section 7.5(i) of the Credit Agreement, Mortgagee is hereby authorized and empowered by Xxxxxxxxx Mortgagor to settle or 10 9 compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee as collateral to secure the payment and performance of the Indebtedness and the Obligations. Notwithstanding the preceding sentence, subject to the provisions of the Credit Agreement and provided that no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor shall, at its expense, diligently prosecute any such proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof, provided that Mortgagor shall comply with the applicable provisions of the Credit Agreement.

Appears in 1 contract

Samples: Ero Marketing Inc

Condemnation/Eminent Domain. Promptly upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, or any portion thereof, Mortgagor Trustor shall notify Mortgagee Beneficiary of the pendency of such proceedings. If an Event of Default occurs and is continuing, Mortgagee Beneficiary is hereby authorized and empowered by Xxxxxxxxx Trustor to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee Beneficiary as collateral to secure the payment and performance of the Indebtedness and the Obligations. Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor Trustor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof.

Appears in 1 contract

Samples: Harland Financial Solutions, Inc.

Condemnation/Eminent Domain. Promptly upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, Mortgagor (or any portion thereof, Mortgagor Borrower) shall notify Mortgagee of the pendency of such proceedingsthe commencement of any action or proceeding for the taking of any interest in the Mortgaged Property in accordance with, and to the extent required by, Section 6.03(i) of the Credit Agreement. If an Event of Default occurs shall have occurred and is be continuing, Mortgagee is hereby authorized and empowered by Xxxxxxxxx Mortgagor to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee as collateral to secure the payment and performance of the Indebtedness and the Secured Obligations. Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof.

Appears in 1 contract

Samples: Credit Agreement (Supervalu Inc)

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Condemnation/Eminent Domain. Promptly Immediately upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, or any portion thereof, Mortgagor shall notify Mortgagee of the pendency of such proceedings. If an Event of Default occurs and is continuing, Mortgagee is hereby authorized and empowered by Xxxxxxxxx Mortgagor to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee as collateral to secure the payment and performance of the Indebtedness and the Obligations. Obligation Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof.

Appears in 1 contract

Samples: Credit Agreement (MacDermid Group Inc.)

Condemnation/Eminent Domain. Promptly Immediately upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, or any portion thereof, Mortgagor shall will notify Mortgagee of the pendency of such proceedings. If During the continuance of an Event of Default occurs Default, and is continuingsubject to Section 7.5(i) of the Credit Agreement, Mortgagee is hereby authorized and empowered by Xxxxxxxxx Mortgagor to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee as collateral to secure the payment and performance of the Indebtedness and the Obligations. Notwithstanding the preceding sentence, subject to the provisions of the Credit Agreement and provided that no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor shall, at its expense, diligently prosecute any such proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof, provided that Mortgagor shall comply with the applicable provisions of the Credit Agreement.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Ero Marketing Inc)

Condemnation/Eminent Domain. Promptly upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, Mortgagor (or any portion thereof, Mortgagor Borrower) shall notify Mortgagee of the pendency of such proceedingsthe commencement of any action or proceeding for the taking of any interest in the Mortgaged Property in accordance with, and to the extent required by, Section 5.03(i) of the Credit Agreement. If an Event of Default occurs shall have occurred and is be continuing, Mortgagee is hereby authorized and empowered by Xxxxxxxxx Mortgagor to settle or compromise any claim in connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee as collateral to secure the payment and performance of the Indebtedness and the Secured Obligations. Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof.

Appears in 1 contract

Samples: Intercreditor Agreement (Supervalu Inc)

Condemnation/Eminent Domain. Promptly Immediately upon obtaining actual knowledge of the institution of any proceedings for the condemnation of the Mortgaged Property, or any portion thereof, Mortgagor shall notify Mortgagee of the pendency of such proceedings. If an Event of Default occurs and is continuing, Mortgagee is hereby authorized and empowered by Xxxxxxxxx Mortgagor to settle or compromise any claim in connection .connection with such condemnation and to receive all awards and proceeds thereof to be held by Mortgagee as collateral to secure the payment and performance of the Indebtedness and the Obligations. Notwithstanding the preceding sentence, provided no Event of Default shall have occurred and be continuing, but subject to the terms and provisions of the Credit Agreement, Mortgagor shall, at its expense, diligently prosecute any proceeding relating to such condemnation, settle or compromise any claims in connection therewith in a manner consistent with its reasonable business judgment and receive any awards or proceeds thereof.

Appears in 1 contract

Samples: Credit Agreement (MacDermid Group Inc.)

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