Common use of Termination; Release Clause in Contracts

Termination; Release. When all the Secured Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage shall terminate. Upon termination hereof or any release of the Mortgaged Property or any portion thereof in accordance with the provisions of the Credit Agreement, the Mortgagee shall, upon the request and at the sole cost and expense of the Mortgagor, forthwith assign, transfer and deliver to the Mortgagor, against receipt and without recourse to or warranty by the Mortgagee, such of the Mortgaged Property to be released (in the case of a release) as may be in possession of the Mortgagee and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged Property, proper documents and instruments (including UCC-3 termination statements or releases) acknowledging the termination hereof or the release of such Mortgaged Property, as the case may be.

Appears in 2 contracts

Samples: Security Agreement (Novelis Inc.), Security Agreement (Novelis South America Holdings LLC)

AutoNDA by SimpleDocs

Termination; Release. When all the Secured Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property or any portion thereof Security Agreement Collateral in accordance with the provisions of the Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Security Agreement Collateral to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertySecurity Agreement Collateral, proper documents and instruments (including UCC-3 termination statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertySecurity Agreement Collateral, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.)

Termination; Release. (a) When all the Secured Obligations have been paid in full (other than contingent indemnification obligations) and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated terminated, this Agreement shall terminate and the Pledged Collateral shall be released from the Lien of this Agreement, all without further delivery of any instrument or further action by any party, and all Letters of Credit have been terminated or cash collateralized rights in accordance with the provisions of Collateral shall revert to the Credit Agreement, this Mortgage shall terminateapplicable Pledgor. Upon termination hereof or any release of the Mortgaged Property or any portion thereof in accordance with the provisions of the Credit Agreementsuch release, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 2 contracts

Samples: Second Lien Term Security Agreement (Foamex International Inc), First Lien Term Security Agreement (Foamex International Inc)

Termination; Release. When all the Secured Obligations (other than Treasury Obligations) have been paid in full, all Treasury Obligations have been paid in full or otherwise collateralized in a manner satisfactory to the holders and providers of the Treasury Obligations, in their sole discretion, and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the Mortgagorrelevant Pledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including any necessary UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 2 contracts

Samples: Security Agreement (Novelis South America Holdings LLC), Security Agreement (Novelis Inc.)

Termination; Release. (a) When all the Secured Credit Agreement Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminateterminate (including, without limitation, any Lien granted hereunder for the benefit of the Existing Senior Notes Secured Parties). Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 UCC 3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 2 contracts

Samples: Security Agreement (Health Management Associates Inc), Credit Agreement (Health Management Associates Inc)

Termination; Release. When all the Secured Obligations (other than contingent obligations for which no claim has been asserted) have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property a Pledgor herefrom or Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee liens and security interests in the Equity Interests of such Pledgor or such Pledged Collateral shall automatically terminate and the Collateral Agent shall, upon the request and at the sole cost and reasonable expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the Mortgagorany applicable Pledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property to be Pledged Collateral or any part thereof so released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 2 contracts

Samples: Security Agreement (Xperi Holding Corp), Security Agreement (Tessera Holding Corp)

Termination; Release. (a) When all the Secured Credit Agreement Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminateterminate (including, without limitation, any Lien granted hereunder for the benefit of the Existing Senior Notes Secured Parties). Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 2 contracts

Samples: Security Agreement (Health Management Associates Inc), Security Agreement (Health Management Associates Inc)

Termination; Release. When (a) Notwithstanding anything to the contrary herein, when all the Secured Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Southern Graphic Systems, Inc.)

Termination; Release. (a) When all the Secured Obligations (other than contingent indemnification Obligations as to which no claim has been asserted) have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Term Loan Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Term Loan Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement, or as otherwise provided in the Term Loan Credit Agreement, the Collateral shall be automatically released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Collateral or any portion part thereof in accordance with the provisions of the Term Loan Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyCollateral, proper documents and instruments that any Pledgor shall reasonably request (including UCC-3 PPSA and UCC‑3 termination financing statements, financing change statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyCollateral, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Norcraft Companies, Inc.)

Termination; Release. When all Upon termination of the Secured Obligations have been paid Commitments and payment in full of all Obligations (in each case, other than (i) obligations under Secured Hedge Agreements, (ii) Cash Management Obligations and (iii) contingent reimbursement and indemnification obligations not yet accrued and payable) and the Commitments expiration or termination or cash collateralization (or other backstop in a manner reasonably satisfactory to the applicable Issuing Bank) of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement the Collateral shall be automatically released from the Lien of this Agreement without any further action by any Person. Upon such release or any release of the Mortgaged Property Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Administrative Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeAdministrative Agent except as to the fact that the Administrative Agent has not encumbered the released assets, such of the Mortgaged Property Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Administrative Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyCollateral, at the request of and at the sole cost and expense of the Pledgors, proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyCollateral, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Cable One, Inc.)

Termination; Release. When (a)When all the Secured Obligations have been paid in full and full, this Agreement shall terminate. Upon termination of this Agreement the Commitments Pledged Collateral shall be released from the Lien of this Agreement. Upon the transfer of any Pledged Collateral that is permitted by SECTION 7.19(A) or SECTION 8.05 of the Lenders Purchase Agreement to make a party that in not the Issuer or a Guarantor, such Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any Loan or to issue any Letter release of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized Pledged Collateral in accordance with the provisions of the Credit Agreement, this Mortgage shall terminate. Upon termination hereof or any release of the Mortgaged Property or any portion thereof in accordance with the provisions of the Credit Purchase Agreement, the Mortgagee Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeAgent except as to the fact that the Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral to be released (in the case of a release) as may be in possession of the Mortgagee Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Terremark Worldwide Inc)

Termination; Release. (a) When all the Secured Obligations (other than contingent indemnification Obligations as to which no claim has been asserted) have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Term Loan Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Term Loan Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement, or as otherwise provided in the Term Loan Credit Agreement, the Collateral shall be automatically released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Collateral or any portion part thereof in accordance with the provisions of the Term Loan Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyCollateral, proper documents and instruments that any Pledgor shall reasonably request (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyCollateral, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Norcraft Companies Lp)

Termination; Release. When all the Secured Obligations have been paid Paid in full Full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit no commitments remain under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit AgreementAdditional Secured Debt Documents, this Mortgage Agreement shall terminate. Upon termination hereof or any release of this Agreement the Pledged Collateral and Mortgaged Property shall be released from the Lien of the Security Documents. In addition, the Pledged Collateral or Mortgaged Property or any portion thereof in accordance with shall be released from the provisions Lien of this Agreement pursuant to the Indenture, including without limitation, Section 10.3 of the Credit AgreementIndenture. Upon such release, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Pledged Collateral or Mortgaged Property or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Pledged Collateral or Mortgaged Property, Property proper documents and instruments (including UCC-3 termination financing statements or releases, terminations of Control Agreements, Collateral Access Agreements, Intellectual Property Collateral filings and mortgages, as applicable) acknowledging the termination hereof or the release of such Pledged Collateral or Mortgaged Property, Property as the case may be.

Appears in 1 contract

Samples: Security Agreement (Ryerson International Material Management Services, Inc.)

Termination; Release. (a) When all the Secured Obligations have been paid in full (other than contingent indemnification obligations for which no claim has been asserted, which, pursuant to the provisions of the Credit Agreement or the Security Documents, survive the termination thereof) and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgor, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeAgent except as to the fact that the Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: www.puc.pa.gov

Termination; Release. When all the Secured Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination of this Agreement, the Pledged Collateral shall be released from the Lien of this Agreement and the applicable Subsidiary Guarantor shall be relieved of its obligations under this Agreement. Upon termination hereof or any release of the Mortgaged Property or any portion thereof Pledged Collateral in accordance with the provisions of the Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the Mortgagoreach Pledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent, such of the Mortgaged Property Pledged Collateral to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Colonial Downs, LLC)

Termination; Release. When all the Secured Obligations have been paid in full and full, this Agreement shall terminate. Upon termination of this Agreement the Commitments Pledged Collateral shall be released from the Lien of this Agreement. Upon the transfer of any Pledged Collateral that is permitted by Section 7.19(a) or Section 8.05 of the Lenders Purchase Agreement to make a party that in not the Issuer or a Guarantor, such Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any Loan or to issue any Letter release of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized Pledged Collateral in accordance with the provisions of the Credit Agreement, this Mortgage shall terminate. Upon termination hereof or any release of the Mortgaged Property or any portion thereof in accordance with the provisions of the Credit Purchase Agreement, the Mortgagee Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeAgent except as to the fact that the Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral to be released (in the case of a release) as may be in possession of the Mortgagee Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 UCC 3 termination statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Terremark Worldwide Inc)

Termination; Release. (a) When all the Secured Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Shuffle Master Inc)

Termination; Release. (a) When all the Secured Obligations have been paid in full (other than contingent indemnification or reimbursement obligations) and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof or any release of this Agreement the Mortgaged Property or any portion thereof in accordance with Pledged Collateral shall be released from the provisions Lien of the Credit this Agreement. Upon such release, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgors, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Barrington Quincy LLC)

Termination; Release. (a) When all the Secured Obligations (other than contingent indemnification Obligations as to which no claim has been asserted) have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement, or as otherwise provided in the Credit Agreement, the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including PPSA and UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Canadian Security Agreement (Norcraft Holdings, L.P.)

Termination; Release. (a) When all the Secured Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreementfull, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit AgreementIndenture, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, any proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be, which the Pledgors may reasonably request.

Appears in 1 contract

Samples: Security Agreement (LNT Leasing II, LLC)

Termination; Release. (a) When all the Secured Obligations have been paid in full (other than (i) obligations under Hedging Agreement and Treasury Service Agreements not yet due and payable and (ii) contingent indemnification obligations not then due and payable) and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Mattress Firm Holding Corp.)

Termination; Release. When all the Secured Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit AgreementIndenture, this Mortgage Agreement shall terminate. The Liens securing the Notes Obligations, will, automatically and without the need for any further action by any Person be released, in whole or in part, as provided in Section 8.1 of the Indenture. Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit AgreementIndenture or the other Notes Documents, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Security Agreement (American Renal Associates LLC)

AutoNDA by SimpleDocs

Termination; Release. When all the Secured Obligations have been paid Paid in full Full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit no commitments remain under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit AgreementAdditional Secured Debt Documents, this Mortgage Agreement shall terminate. Upon termination hereof or any release of this Agreement the Pledged Collateral and Mortgaged Property shall be released from the Lien of the Security Documents. In addition, the Pledged Collateral or Mortgaged Property or any portion thereof in accordance with shall be released from the provisions Lien of this Agreement pursuant to the Credit AgreementIndenture. Upon such release, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Pledged Collateral or Mortgaged Property or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Pledged Collateral or Mortgaged Property, Property proper documents and instruments (including UCC-3 termination financing statements or releases, terminations of Control Agreements, Collateral Access Agreements, Intellectual Property Collateral filings and mortgages, as applicable) acknowledging the termination hereof or the release of such Pledged Collateral or Mortgaged Property, Property as the case may be.

Appears in 1 contract

Samples: Security Agreement (J.M. Tull Metals Company, Inc.)

Termination; Release. (a) When all the Secured Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement, the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Security Agreement (General Cable Corp /De/)

Termination; Release. (a) When all the Secured Obligations (other than contingent indemnification Obligations as to which no claim has been asserted) have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the ABL Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the ABL Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement, or as otherwise provided in the ABL Credit Agreement, the Collateral shall be automatically released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Collateral or any portion part thereof in accordance with the provisions of the ABL Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyCollateral, proper documents and instruments that any Pledgor shall reasonably request (including UCC-3 PPSA and UCC‑3 termination financing statements, financing change statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyCollateral, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Norcraft Companies, Inc.)

Termination; Release. When all the Secured Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Administrative Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the Mortgagorrelevant Pledgor, against receipt and without recourse to or warranty by the MortgageeAdministrative Agent except as to the fact that the Administrative Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Administrative Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 any necessary UCC‑3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be. The Administrative Agent shall also be entitled to take any action with respect to the Pledged Collateral that it is authorized to take pursuant to Section 8.10 of the Credit Agreement.

Appears in 1 contract

Samples: Security Agreement (Itron Inc /Wa/)

Termination; Release. When (a) Notwithstanding anything to the contrary herein, when all the Secured Obligations have been paid in full and the Commitments of the Canadian Lenders to make any Canadian Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreementterminated, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 PPSA termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Canadian Security Agreement (Southern Graphic Systems, Inc.)

Termination; Release. When all the Secured Obligations Initial Loans have been paid in full and the Commitments in accordance with Section 2.03(c) of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or the Collateral has been sooner terminated and all Letters of Credit have been terminated or cash collateralized released to Pledgor in accordance with the provisions Section 2.16(b)(i) of the Credit Agreement, thereafter any remaining Collateral shall be returned to the Pledgor and this Mortgage Agreement shall terminateautomatically terminate without recourse to or warranty by Bank or Administrative Agent. Upon termination hereof of this Agreement the Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Collateral or any portion part thereof in accordance with the provisions of the Credit this Agreement, the Mortgagee Bank shall, upon the request and at the sole cost and expense of the MortgagorPledgor, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeBank except as to the fact that the Bank has not encumbered the released assets, such of the Mortgaged Property Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Bank and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyCollateral, proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyCollateral, as the case may be.

Appears in 1 contract

Samples: Funding Security Agreement (Nexeo Solutions Finance Corp)

Termination; Release. (a) When all the Secured Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreementterminated, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Second Lien Security Agreement (RiskMetrics Group Inc)

Termination; Release. When (a)When all the Secured Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Navisite Inc)

Termination; Release. (a) When all the Secured Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Shuffle Master Inc)

Termination; Release. The Pledged Collateral shall be released from the Lien of this Agreement in accordance with the provisions of Section 6.05 or 6.06, as applicable, of the Second Lien Credit Agreement and the provisions of the Intercreditor Agreement. When all the Secured Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Second Lien Credit Agreement shall have expired or been sooner terminated and all Letters terminated, this Agreement shall terminate. Subject to the Intercreditor Agreement, upon termination hereof or any release of Credit have been terminated or cash collateralized Pledged Collateral in accordance with the provisions of the Credit Agreement, this Mortgage shall terminate. Upon termination hereof or any release of the Mortgaged Property or any portion thereof in accordance with the provisions of the Second Lien Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the Mortgagorapplicable Pledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Pledge and Security Agreement (PGT, Inc.)

Termination; Release. (a) When all the Secured Obligations have been paid Paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit AgreementFull, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement, the Collateral shall immediately and automatically be released from the Lien of this Agreement and all guarantees and other obligations (other than those that expressly survive termination) of each Grantor shall immediately and automatically terminate, all without delivery of any instrument or performance of any action by any party, and all rights to the Collateral shall automatically revert to the Grantors. Upon such release or any release of the Mortgaged Property or any portion thereof Collateral in accordance with the provisions of the Credit Agreement, the Mortgagee shallAdministrative Agent shall promptly, upon the request and at the sole cost and expense of the MortgagorGrantors, forthwith assign, transfer and deliver to the MortgagorGrantors, against receipt and without recourse to or warranty by the MortgageeAdministrative Agent except as to the fact that the Administrative Agent has not encumbered the released assets, such of the Mortgaged Property to be Collateral released (in the case of a release) as may be in possession of the Mortgagee Administrative Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, hereof and, with respect to any other Mortgaged PropertyCollateral, proper documents and instruments (including UCC-3 termination statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyCollateral, as the case may be. Administrative Agent hereby authorized each Grantor to file UCC amendments and terminations or any other documentation at such time evidencing the termination of the Liens so released.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Landmark Infrastructure Partners LP)

Termination; Release. (a) When all the Secured Obligations (other than contingent indemnification Obligations as to which no claim has been asserted) have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the ABL Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the ABL Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement, or as otherwise provided in the ABL Credit Agreement, the Collateral shall be automatically released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Collateral or any portion part thereof in accordance with the provisions of the ABL Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyCollateral, proper documents and instruments that any Pledgor shall reasonably request (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyCollateral, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Norcraft Companies Lp)

Termination; Release. When all the Secured Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreement, this Mortgage Agreement shall terminate. Upon termination hereof of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release or any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, the Mortgagee Collateral Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the Mortgagorrelevant Pledgor, against receipt and without recourse to or warranty by the MortgageeCollateral Agent except as to the fact that the Collateral Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released (in the case of a release) as may be in possession of the Mortgagee Collateral Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including any necessary UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Itron Inc /Wa/)

Termination; Release. When all the Secured Obligations have been paid in full and the Commitments of the Lenders to make any Loan or to issue any Letter of Credit under the Credit Agreement shall have ceased, expired or been sooner terminated and all Letters of Credit have been terminated or cash collateralized in accordance with the provisions of the Credit Agreementterminated, this Mortgage Agreement shall terminate. Upon termination hereof or of this Agreement the Pledged Collateral shall be released from the Lien of this Agreement. Upon such release, any release of the Mortgaged Property Pledged Collateral or any portion part thereof in accordance with the provisions of the Credit Agreement, or any release of any Guarantor or Pledgor pursuant to the Mortgagee terms of the Credit Agreement or other Loan Documents, the Agent shall, upon the request and at the sole cost and expense of the MortgagorPledgors, forthwith assign, transfer and deliver to the MortgagorPledgor, against receipt and without recourse to or warranty by the MortgageeAgent except as to the fact that the Agent has not encumbered the released assets, such of the Mortgaged Property Pledged Collateral or any part thereof to be released, or the released Pledgor (in the case of a release) as may be in possession of the Mortgagee Agent and as shall not have been sold or otherwise applied pursuant to the terms hereof, and, with respect to any other Mortgaged PropertyPledged Collateral, proper documents and instruments (including UCC-3 termination financing statements or releases) acknowledging the termination hereof or the release of such Mortgaged PropertyPledged Collateral or the release of such Pledgor, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Powerwave Technologies Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.