No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Beneficiary or the Lenders under the Loan Documents, at law or in equity shall cause Beneficiary, Trustee, or any Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary, Trustee, 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 3 contracts
Samples: Credit Agreement (Skilled Healthcare Group, Inc.), Credit Agreement (Skilled Healthcare Group, Inc.), Security Agreement (Ackerley Group Inc)
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Beneficiary Mortgagee or the Lenders under the Loan Documents, at law or in equity shall cause Beneficiary, Trustee, Mortgagee or any Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary, Trustee, 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 3 contracts
Samples: Credit Agreement (DMW Worldwide Inc), Security Agreement (Ackerley Group Inc), Credit Agreement (Sybron Dental Specialties Inc)
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article ARTICLE 5, the assignment of the Rents and Leases under Article ARTICLE 6, the security interests under Article ARTICLE 7, nor any other remedies afforded to Beneficiary or the Lenders under the Loan Documents, at law or in equity shall cause Beneficiary, Trustee, or any Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary, Trustee, 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 Agreement (Integrated Defense Technologies Inc), Credit Agreement (Integrated Defense Technologies Inc)
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Beneficiary or the Lenders under the Loan Documents, at law or in equity shall cause Beneficiary, Trustee, any of the Lenders or any Lender Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary, Trustee, any of the Lenders or any Lender Trustee 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 (Arterial Vascular Engineering Inc)
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5Section, the assignment of the Rents and Leases under Article 6Section 5, the security interests under Article 7Section 6, nor any other remedies afforded to Beneficiary or the Lenders under the Loan Credit Documents, at law or in equity shall cause Beneficiary, Trustee, Beneficiary or any Lender or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary, Trustee, Beneficiary or any Lender or Trustee 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
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 55 (other than pursuant to Section 5.1(c) hereof), the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Beneficiary or the Lenders under the Loan Documents, at law or in equity shall cause Beneficiary, Trustee, Beneficiary or any Lender Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Trust Property, to obligate Beneficiary, Trustee, Beneficiary or any Lender Trustee to lease the Mortgaged Trust 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 and Fixture Filing (Erickson Air-Crane Inc.)
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Beneficiary or the Lenders Beneficiary, any Lender under the Loan Note Documents, at law or in equity shall cause Beneficiary, Trustee, Beneficiary or any Lender Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary, Trustee, or any Lender or Trustee 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
No Mortgagee in Possession. Neither None of the enforcement of any of the remedies under this Article 5, the assignment of the Leases and Rents and Leases under Article 63, the security interests under Article 74, nor any other remedies afforded to Beneficiary or and/or the Lenders under the Loan Documents, at law or in equity shall cause Beneficiary, Trustee, Trustee or any Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary, Trustee, Trustee 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: Glimcher Realty Trust
No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 5, the assignment of the Rents and Leases under Article 6, the security interests under Article 7, nor any other remedies afforded to Beneficiary or the Lenders Beneficiary, any Lender under the Loan Documents, at law or in equity shall cause Beneficiary, Trustee, Beneficiary or any Lender Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary, Trustee, or any Lender or Trustee 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