Common use of No Mortgagee in Possession Clause in Contracts

No Mortgagee in Possession. Except as otherwise provided by law, neither the enforcement of any of the remedies under this Article, the assignment of the Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Mortgagee under the Credit Agreement and the other Credit Documents, at law or in equity shall cause Mortgagee or any Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 6 contracts

Samples: Security Agreement (Pantry Inc), Security Agreement (Pantry Inc), Security Agreement (Pantry Inc)

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No Mortgagee in Possession. Except as otherwise provided by law, neither None of the enforcement of any of the remedies under this ArticleArticle 5, the assignment of the Leases and Rents and Leases under Article 53, the security interests under Article 64, nor any other remedies afforded to Mortgagee and/or the Lenders under the Credit Agreement and the other Credit Loan Documents, at law or in equity shall cause Mortgagee or any Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 2 contracts

Samples: Loan Agreement (Acadia Realty Trust), Loan Agreement (Acadia Realty Trust)

No Mortgagee in Possession. Except as otherwise provided To the extent permitted by applicable law, neither the enforcement of any of the remedies under this ArticleArticle 5, the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Mortgagee or the Lenders under the Credit Agreement and the other Credit Documents, at law or in equity shall cause Mortgagee or any Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Simmons Bedding Co), Credit and Guaranty Agreement (Simmons Co /Ga/)

No Mortgagee in Possession. Except as otherwise provided by law, neither Neither the enforcement of any of the remedies under this ArticleArticle 5, the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Mortgagee or the Beneficiaries under the Credit Agreement and Loan Documents or the other Credit DocumentsLender Swap Agreements, at law or in equity shall cause Mortgagee or any Lender Beneficiary to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any Lender Beneficiary to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 2 contracts

Samples: Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/)

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No Mortgagee in Possession. Except as otherwise provided To the extent permitted by applicable law, neither the enforcement of any of the remedies under this ArticleSection, the assignment of the Rents and Leases under Article Section 5, the security interests under Article Section 6, nor any other remedies afforded to Mortgagee or the Holders under the Credit Agreement and the other Credit Financing Documents, at law or in equity shall cause Mortgagee or any Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Pledge and Security Agreement (Easton-Bell Sports, Inc.)

No Mortgagee in Possession. Except as otherwise provided by law, neither Neither the enforcement of any of the remedies under this ArticleARTICLE 5, the assignment of the Rents and Leases under Article 5ARTICLE 6, the security interests under Article 6ARTICLE 7, nor any other remedies afforded to Mortgagee under the Credit Agreement and the other Credit Loan Documents, at law or in equity shall cause Mortgagee or any Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Mortgagee or any Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

Appears in 1 contract

Samples: Security Agreement (Loewen Group Inc)

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