Common use of FOR THE PURPOSE OF SECURING Clause in Contracts

FOR THE PURPOSE OF SECURING. First: Payment when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including payment of amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. 362(a)), of all obligations and liabilities of every nature of Mortgagor now or hereafter existing under or arising out of or in connection with that certain Guaranty of even date herewith executed by Mortgagor (and others) in favor of Mortgagee (as the same may be amended, modified or supplemented from time to time, the "Guaranty"). The Guaranty guaranties the obligations of Players International, Inc., a Nevada corporation ("Borrower") under that certain Credit Agreement executed concurrently herewith by Borrower, First Interstate Bank of Nevada, N.A., and Bankers Trust Company, as Managing Agents, BT Securities Corporation, as a Co-Arranger, and the Lenders listed therein as lenders (the "Lenders") and First Interstate Bank of Nevada, N.A., as a Co-Arranger and Administrative Agent, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the "Credit Agreement"), and the promissory notes issued to the Lenders to evidence such obligations and liabilities, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the "Notes"), whether for principal in the amount of One Hundred Twenty Million Dollars ($120,000,000) or such principal amount as may be advanced and remain unpaid or for interest (including, without limitation, interest that, but for the filing of a petition in bankruptcy with respect to Mortgagor, would accrue on such obligations), reimbursement of amounts drawn under letters of credit, fees, expenses, indemnities or otherwise, whether voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or not from time to time decreased or extinguished and later increased, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from Mortgagee or any such Lender as a preference, fraudulent transfer or otherwise. Second: Payment and performance of every obligation, covenant, promise and agreement of Mortgagor herein contained (excepting, however, the obligations of Mortgagor under Section 5(c) hereof), or incorporated herein by reference, including any sums paid or advanced by Mortgagee pursuant to the terms hereof.

Appears in 1 contract

Samples: Players International Inc /Nv/

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FOR THE PURPOSE OF SECURING. First: Payment when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including i) the payment of amounts that would become due but for the operation Loan and all interest, late charges, LIBOR breakage charges (if any), exit fee (if any), reimbursement obligations, fees and expenses, if any, other indebtedness evidenced by or owing under the Note, any of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. 362(a)), of all obligations and liabilities of every nature of Mortgagor now or hereafter existing under or arising out of or in connection with that certain Guaranty of even date herewith executed by Mortgagor (and others) in favor of Mortgagee (as the same may be amended, modified or supplemented from time to time, the "Guaranty"). The Guaranty guaranties the obligations of Players International, Inc., a Nevada corporation ("Borrower") under that certain Credit Agreement executed concurrently herewith by Borrower, First Interstate Bank of Nevada, N.A., and Bankers Trust Company, as Managing Agents, BT Securities Corporation, as a Co-Arranger, and the Lenders listed therein as lenders (the "Lenders") and First Interstate Bank of Nevada, N.A., as a Co-Arranger and Administrative AgentLoan Documents, together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) any and all obligations of Borrower to Lender or to any affiliate of Lender, whether now owing or existing or later arising or created, owed absolutely or contingently, whether evidenced or acquired (including all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums modifications thereof or thereto (herein referred to as the "Credit Agreement"substitutions), under any agreement, device or arrangement designed to protect Borrower from fluctuations of interest rates, exchange rates or forward rates, including, but not limited to, dollar-denominated or cross-currency exchange agreements, foreign currency exchange agreements, interest rate caps, collars or floors, forward rate currency or interest rate options, puts, warrants, swaps, swaptions, U.S. Treasury locks and U.S. Treasury options, (iii) any other interest rate hedging transactions, such as, but not limited to, managing the promissory notes issued to the Lenders to evidence Borrower’s interest rate risk associated with any pending or potential capital market transactions such obligations and liabilitiesas fixed rate bond issues, together with (iv) any and all renewalscancellations, extensionsbuybacks, amendmentsreversals, modificationsterminations or assignments of any of the foregoing, rearrangements(v) all other indebtedness owed by Borrower to Lender; (vi) the performance and observance of the covenants, replacementsconditions, restatementsagreements, substitutions representations, warranties and addendums thereof other liabilities and obligations of Borrower or thereto (herein referred any other obligor to as the "Notes"), whether for principal or benefiting Lender which are evidenced or secured by or otherwise provided in the amount Note, this Deed of One Hundred Twenty Million Dollars Trust or any of the Loan Documents, any interest rate swap or hedge agreements now or hereafter entered into between Borrower and Lender; and ($120,000,000vii) or such principal amount as may be advanced the reimbursement to Lender of any and remain unpaid or for interest (including, without limitation, interest that, but for the filing of a petition in bankruptcy with respect to Mortgagor, would accrue on such obligations), reimbursement of amounts drawn under letters of credit, fees, expenses, indemnities or otherwise, whether voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or not from time to time decreased or extinguished and later increased, created or all sums incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from Mortgagee or any such Lender as a preference, fraudulent transfer or otherwise. Second: Payment and performance of every obligation, covenant, promise and agreement of Mortgagor herein contained (excepting, however, the obligations of Mortgagor under Section 5(c) hereof), or incorporated herein by reference, including any sums paid expended or advanced by Mortgagee Lender pursuant to any term or provision of or constituting additional indebtedness under or secured by this Deed of Trust, any of the terms hereofLoan Documents, or any interest rate swap or hedge agreements now or hereafter entered into between Borrower and Lender, with interest thereon as provided herein or therein (collectively, “Indebtedness”). In no event shall this Deed of Trust secure payment of any installment loan or any open-end line of credit established under Chapters 342, 343, and 346, respectively, of the Texas Finance Code, as supplemented by the Texas Credit Title.

Appears in 1 contract

Samples: Grubb & Ellis Healthcare REIT, Inc.

FOR THE PURPOSE OF SECURING. First: Payment when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including payment of amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. 362(a)), of all obligations and liabilities of every nature of Mortgagor now or hereafter existing under or arising out of or in connection with that certain Guaranty of even date herewith executed by Mortgagor (and others) in favor of Mortgagee (as the same may be amended, modified or supplemented from time to time, the "Guaranty"). The Guaranty guaranties the obligations of Players International, Inc., a Nevada corporation ("Borrower") under that certain Credit Agreement executed concurrently herewith by Borrower, First Interstate Bank of Nevada, N.A., and Bankers Trust Company, as Managing Agents, BT Securities Corporation, as a Co-Arranger, and the Lenders listed therein as lenders (the "Lenders") and First Interstate Bank of Nevada, N.A., as a Co-Arranger and Administrative Agent, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the "Credit Agreement"), and the promissory notes issued to the Lenders to evidence such obligations and liabilities, which notes shall mature as provided in the Credit Agreement, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the "Notes"), whether for principal in the amount of One Hundred Twenty Million Dollars ($120,000,000) or such principal amount as may be advanced and remain unpaid or for interest (including, without limitation, interest that, but for the filing of a petition in bankruptcy with respect to Mortgagor, would accrue on such obligations), reimbursement of amounts drawn under letters of credit, fees, expenses, indemnities or otherwise, whether voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or not from time to time decreased or extinguished and later increased, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from Mortgagee or any such Lender as a preference, fraudulent transfer or otherwise. Second: Payment and performance of every obligationIn no event shall the indebtedness, covenantobligations, promise and agreement of Mortgagor herein contained (excepting, however, the obligations of Mortgagor under Section 5(c) hereof), or incorporated herein by reference, including any sums paid or advanced by Mortgagee pursuant to the terms hereof.and

Appears in 1 contract

Samples: Fixture Filing and Security Agreement (Players International Inc /Nv/)

FOR THE PURPOSE OF SECURING. First: Payment when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including payment of amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. §362(a)), of all obligations and liabilities of every nature of Mortgagor Trustor now or hereafter existing under or arising out of or in connection with that certain Guaranty of even date herewith executed by Mortgagor (and others) in favor of Mortgagee (as the same may be amendedIndenture, modified or supplemented from time to time, the "Guaranty"). The Guaranty guaranties the obligations of Players International, Inc., a Nevada corporation ("Borrower") under that certain Credit Agreement executed concurrently herewith by Borrower, First Interstate Bank of Nevada, N.A., and Bankers Trust Company, as Managing Agents, BT Securities Corporation, as a Co-Arranger, and the Lenders listed therein as lenders (the "Lenders") and First Interstate Bank of Nevada, N.A., as a Co-Arranger and Administrative Agent, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the "Credit Agreement"), and the promissory notes issued to the Lenders Holders to evidence such obligations and liabilities, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the "Notes"), whether for principal in the amount of One Hundred Twenty Eighty Million Dollars ($120,000,000180,000,000) or such principal amount as may be advanced and remain unpaid or for interest (including, without limitation, interest that, but for the filing of a petition in bankruptcy with respect to MortgagorTrustor, would accrue on such obligations), reimbursement of amounts drawn under letters of credit, fees, expenses, and amounts owing under indemnities or otherwise, whether voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or not from time to time decreased or extinguished and later increased, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from Mortgagee Beneficiary or any such Lender as a preference, fraudulent transfer or otherwise. Second: Payment and performance of every obligation, covenant, promise and agreement of Mortgagor Trustor herein contained (excepting, however, the obligations of Mortgagor Trustor under Section 5(c) hereofhereof are not secured hereby), or incorporated herein by reference, including any sums paid or advanced by Mortgagee Beneficiary or Trustee pursuant to the terms hereof.

Appears in 1 contract

Samples: Eldorado Resorts LLC

FOR THE PURPOSE OF SECURING. First: (a) Payment when dueand performance of each and every obligation, whether covenant and agreement of Borrower contained in the Note and any amendment or supplement thereto, extension or renewal thereof or replacement therefor; (b) Payment of all other sums agreed to be paid by Borrower pursuant to the Note, the Loan Agreement or any other agreement between Borrower and Lender with respect to this loan and performance of all other obligations of Borrower thereunder; (c) Payment of all sums advanced by or on behalf of Trustee or Lender as herein authorized to protect the Trust Estate, with interest thereon at stated maturitythe rate of interest called for by the Note; (d) Performance of every obligation, covenant and agreement of Borrower contained herein; (e) Payment of all other sums, with interest thereon, which may hereafter be loaned to Borrower, or its successors or assigns, by required prepaymentLender or its successors or assigns, declaration, acceleration, demand when evidenced by a promissory note or otherwise notes reciting that they are secured by this Deed of Trust; (including payment of amounts that would become due but for the operation of the automatic stay under Section 362(af) of the Bankruptcy Code, 11 U.S.C. 362(a)), of all obligations and liabilities Performance of every nature obligation, covenant and agreement of Mortgagor Borrower contained in any agreement now or hereafter existing under or arising out of or in connection with that certain Guaranty of even date herewith executed by Mortgagor Borrower which recites that the obligations thereunder are secured by this Deed of Trust; (g) Compliance with and othersperformance of each and every provision of any declaration of covenants, conditions or restrictions pertaining to the Trust Estate or any portion thereof; and, (h) in favor Payment of Mortgagee (as all sums, with interest thereon at the same rate of interest called for by the Note, that may be amended, modified become due and payable to or supplemented from time for the benefit of Lender or Trustee pursuant to timethe terms hereof. This Deed of Trust, the "Guaranty"). The Guaranty guaranties the obligations of Players International, Inc., a Nevada corporation ("Borrower") under that certain Credit Agreement executed concurrently herewith by Borrower, First Interstate Bank of Nevada, N.A.Note, and Bankers Trust Companyany other deed of trust, as Managing Agentsmortgage, BT Securities Corporationsecurity agreement, as a Co-Arranger, and guaranty or other instrument given to evidence or further secure the Lenders listed therein as lenders (the "Lenders") and First Interstate Bank payment or performance of Nevada, N.A., as a Co-Arranger and Administrative Agent, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein obligation secured hereby may hereafter be collectively referred to as the "Credit Agreement")Financing Documents. " TO PROTECT THE PREMISES AND THE SECURITY GRANTED BY THIS DEED OF TRUST, and the promissory notes issued to the Lenders to evidence such obligations and liabilities, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the "Notes"), whether for principal in the amount of One Hundred Twenty Million Dollars ($120,000,000) or such principal amount as may be advanced and remain unpaid or for interest (including, without limitation, interest that, but for the filing of a petition in bankruptcy with respect to Mortgagor, would accrue on such obligations), reimbursement of amounts drawn under letters of credit, fees, expenses, indemnities or otherwise, whether voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or not from time to time decreased or extinguished and later increased, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from Mortgagee or any such Lender as a preference, fraudulent transfer or otherwise. Second: Payment and performance of every obligation, covenant, promise and agreement of Mortgagor herein contained (excepting, however, the obligations of Mortgagor under Section 5(c) hereof), or incorporated herein by reference, including any sums paid or advanced by Mortgagee pursuant to the terms hereof.BORROWER HEREBY COVENANTS AND AGREES AS FOLLOWS:

Appears in 1 contract

Samples: Recording (Emeritus Corp\wa\)

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FOR THE PURPOSE OF SECURING. First: Payment when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including payment of amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)), of all obligations and liabilities of every nature of Mortgagor Trustor now or hereafter existing under or arising out of or in connection with that certain Guaranty of even date herewith executed by Mortgagor (Second Amended and others) in favor of Mortgagee (as the same may be amended, modified or supplemented from time to time, the "Guaranty"). The Guaranty guaranties the obligations of Players International, Inc., a Nevada corporation ("Borrower") under that certain Restated Credit Agreement executed concurrently herewith by Trustor, as Borrower, First Interstate Bank of Nevada, N.A., and Bankers Trust CompanyBeneficiary, as Managing Agents, BT Securities Corporation, as a Co-ArrangerAdministrative Agent, and the Lenders listed therein as lenders (the "Lenders") and First Interstate Bank of Nevada, N.A., as a Co-Arranger and Administrative Agent”), together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the "Credit Agreement"), and or the promissory notes issued to the Lenders to evidence such obligations and liabilities, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the "Notes"), whether for principal in the amount of One Hundred Twenty Forty Million Dollars ($120,000,00040,000,000) or such principal amount as may be advanced and remain unpaid or for interest (including, without limitation, interest that, but for the filing of a petition in bankruptcy with respect to MortgagorTrustor, would accrue on such obligations), reimbursement of amounts drawn under letters Letters of creditCredit (as defined in the Credit Agreement), fees, expenses, and amounts owing under indemnities or otherwise, whether voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or not from time to time decreased or extinguished and later increased, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from Mortgagee Beneficiary or any such Lender as a preference, fraudulent transfer or otherwise. Second: Payment and performance of every obligation, covenant, promise and agreement of Mortgagor Trustor herein contained (excepting, however, the obligations of Mortgagor Trustor under Section 5(c) hereofhereof are not secured hereby), or incorporated herein by reference, including any sums paid or advanced by Mortgagee Beneficiary or Trustee pursuant to the terms hereof.

Appears in 1 contract

Samples: Eldorado Resorts LLC

FOR THE PURPOSE OF SECURING. First: A. Payment when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (including payment of amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. §362(a)), of all obligations of: (i) the principal sum which is, at any time, advanced and liabilities of every nature of Mortgagor now or hereafter existing unpaid under or arising out of or in connection with that certain Guaranty of even date herewith executed by Mortgagor (and others) in favor of Mortgagee the Credit Facility (as defined in the same may be amendedCredit Agreement, modified or supplemented from time to time, the "Guaranty"). The Guaranty guaranties the obligations of Players International, Inc., a Nevada corporation ("Borrower") under that certain Credit Agreement executed concurrently herewith by Borrower, First Interstate Bank of Nevada, N.A., and Bankers Trust Company, as Managing Agents, BT Securities Corporation, as a Co-Arranger, and the Lenders listed therein as lenders (the "Lenders") and First Interstate Bank of Nevada, N.A., as a Co-Arranger and Administrative Agent, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the "Credit Agreement"below), and the promissory notes issued not to the Lenders to evidence such obligations and liabilities, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the "Notes"), whether for principal in the amount of One Hundred Twenty exceed Fifty Million Dollars ($120,000,00050,000,000.00) at any one time, all on a revolving line of credit basis; (ii) interest and other charges accrued on said principal sum, or such principal amount as may be advanced accrued on interest and remain unpaid or for interest other charges then outstanding under the Credit Facility (all including, without limitation, interest and other charges that, but for the filing of a petition in bankruptcy with respect to Mortgagor, any of the Borrowers (referred to below) would accrue on such obligations); and (iii) any other obligations of Borrowers, reimbursement of amounts drawn under letters of credit, fees, expenses, indemnities or otherwise, whether voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or not from time to time decreased or extinguished and later increased, created or incurred, and all or any portion of such obligations or liabilities that are paidthem, under the RLC Note referred to the extent below; all or any part of such payment is avoided or recovered directly or indirectly from Mortgagee or any such Lender as a preference, fraudulent transfer or otherwise. Second: Payment and performance of every obligation, covenant, promise and agreement of Mortgagor herein contained (excepting, however, the obligations of Mortgagor under Section 5(c) hereof), or incorporated herein by reference, including any sums paid or advanced by Mortgagee pursuant according to the terms hereofof a Revolving Credit Note dated March 28, 2003 which: (aa) is made by the Original Borrowers (referred to below); (bb) has been assumed by Mortgagor, on a joint and several basis with the Original Borrowers, pursuant to an Assumption and Consent Agreement dated concurrently, or substantially concurrent, herewith, executed by Mortgagor and Mortgagee (the "Assumption Agreement"); (cc) is payable to the order of Mortgagee according to the tenor and effect of said Revolving Credit Note; and (dd) has a maturity date of April 1, 2008, subject to Mortgagee's right to accelerate the makers' obligations thereunder pursuant to Mortgagee's rights and remedies under the Loan Documents (which are defined in the Credit Agreement); and all renewals, extensions, amendments, restatements, replacements, substitutions and other modifications of said Revolving Credit Note (hereinafter collectively referred to as the "RLC Note").

Appears in 1 contract

Samples: MTR Gaming Group Inc

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