Common use of Additional Mortgages, Etc Clause in Contracts

Additional Mortgages, Etc. From and after the Effective Date, in the event that (i) Holdings or any Subsidiary Guarantor acquires any fee interest in real property, except any real property acquired or refinanced with the proceeds of any Additional Secured Indebtedness, or any Material Leasehold Property or (ii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in any Material Real Property Asset or any Material Leasehold Property, in either case excluding any such Material Real Property Asset or Material Leasehold Property the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (ii) above) then- existing senior lienholder, where Holdings and its Subsidiaries are unable, after exercising commercially reasonable efforts, to obtain such lessor's or senior lienholder's consent (any such non-excluded Material Real Property Asset described in the foregoing clause (i) or (ii) being an "Additional Mortgaged Property"), Holdings or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Additional Mortgages, Etc. From (i) No later than forty-five (45) days following the Effective date, with respect to the Real Property Assets listed on Schedule 6.9, and (ii) from and after the Effective Date, in the event that (ia) Holdings or any Subsidiary Guarantor acquires any fee interest in real property, except any real property acquired or refinanced with the proceeds of any Additional Secured Indebtedness, or any Material Leasehold Property or (iib) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in any Material Real Property Asset real property or any Material Leasehold Property, in either case excluding any such Material Real Property Asset or Material Leasehold Property the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (iib) above) then- then-existing senior lienholder, where Holdings and its Subsidiaries are unable, after exercising commercially reasonable efforts, to obtain such lessor's ’s or senior lienholder's ’s consent (any such non-excluded Material Real Property Asset described in the foregoing clause (i) or (ii) being an "“Additional Mortgaged Property"”), Holdings or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Additional Mortgages, Etc. From and after the Effective Closing Date, in the event that (i) Holdings Company or any Subsidiary Guarantor acquires any fee interest in real property, except any real property acquired or refinanced with the proceeds of any Additional Secured Indebtedness, or any Material Leasehold Property (other than a fee interest in a Real Property Asset or Leasehold Property with a value of $500,000 or less) or (ii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property or any Material Leasehold Property (other than a fee interest in a Real Property Asset or any Material Leasehold PropertyProperty with a value of $500,000 or less), in either case excluding any such Material Real Property Asset or Material Leasehold Property the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (ii) above) then- then-existing senior lienholder, where Holdings Company and its Subsidiaries are unable, after exercising commercially reasonable efforts, unable to obtain such lessor's or senior lienholder's consent (any such non-excluded Material Real Property Asset described in the foregoing clause (i) or (ii) being an a "Additional Mortgaged Property"), Holdings Company or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Additional Mortgages, Etc. From and after the Effective Closing Date, (x) after the completion of the Coahoma Expansion Project, or (y) in the event that (i) Holdings Company or any Subsidiary Guarantor acquires any fee interest in real property, except any real property acquired or refinanced with the proceeds of any Additional Secured Indebtedness, or any Material Leasehold Property or (ii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in any Material Real Property Asset real property or any Material Leasehold Property, in either case of this clause (y) excluding any such Material Real Property Asset or Material Leasehold Property the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (ii) above) then- existing senior lienholder, where Holdings Company and its Subsidiaries are unable, after exercising commercially reasonable efforts, unable to obtain such lessor's or senior lienholder's consent (any such non-excluded Material Real Property Asset described in the foregoing 100 clause (ix), (y)(i) or (iiy)(ii) being an "Additional Mortgaged Property"), Holdings Company or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after (a) the completion of the Coahoma Expansion Project or (b) such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Additional Mortgages, Etc. From and after the Effective Closing Date, in ------------------------- the event that (i) Holdings Holdings, any Borrower or any Subsidiary Guarantor acquires any fee interest in real property, except any real property acquired or refinanced with the proceeds of any Additional Secured Indebtedness, or any Material Leasehold Property or (ii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in any Material Real Property Asset real property (other than a corporate store) or any Material Leasehold Property, in either case excluding any such Material Real Property Asset or Material Leasehold Property the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (ii) above) then- then-existing senior lienholder, where Holdings and its Subsidiaries are unable, after exercising commercially reasonable efforts, to obtain such lessor's or senior lienholder's consent (any such non-excluded Material Real Property Asset described in the foregoing clause (i) or (ii) being an "Additional Mortgaged Property"), Holdings Holdings, such Borrower or such Subsidiary Guarantor Guarantor, as the case may be, shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Additional Mortgages, Etc. From and after the Effective Closing Date, in the event that (i) Holdings or any Subsidiary Guarantor acquires any fee interest in real property, except any real property acquired or refinanced with the proceeds of any Additional Secured Indebtedness, or any Material Leasehold Property or (ii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in any Material Real Property Asset or any Material Leasehold Property, in either case excluding any such Material Real Property Asset or Material Leasehold Property the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (ii) above) then- existing senior lienholder, where Holdings and its Subsidiaries are unable, after exercising commercially reasonable efforts, to obtain such lessor's or senior lienholder's consent (any such non-excluded Material Real Property Asset described in the foregoing clause (i) or (ii) being an "Additional Mortgaged PropertyADDITIONAL MORTGAGED PROPERTY"), Holdings or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Additional Mortgages, Etc. From and after the Effective Closing Date, in the event that (i) Holdings Company or any Subsidiary Guarantor acquires any fee interest in real property, except any real property acquired or refinanced with the proceeds having a fair market value in excess of any Additional Secured Indebtedness, $1 million or any Material Leasehold Property or (ii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in any Material Real Property Asset real property or any Material Leasehold Property, in either case excluding any such Material Real Property Asset or Material Leasehold Property the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (ii) above) then- then-existing senior lienholder, where Holdings Company and its Subsidiaries are unable, after exercising commercially reasonable efforts, unable to obtain such lessor's or senior lienholder's consent or (iii) Company or any Subsidiary Guarantor acquires a leasehold interest in the property presently occupied by Company or any Subsidiary and located at 000 Xxxxxxxx Xxxx, Xxxxxx, Xxxxxxxx (any such non-excluded Material Real Property Asset described in the foregoing clause (i) or (ii) or (iii) being an "Additional Mortgaged Property"), Holdings Company or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Additional Mortgages, Etc. From and after the Effective Closing Date, -------------------------- in the event that (i) Holdings Company or any Subsidiary Guarantor acquires any fee interest in real property, except any real property acquired or refinanced with the proceeds of any Additional Secured Indebtedness, or any Material Leasehold Property (other than a fee interest in a Real Property Asset or Leasehold Property with a value of $500,000 or less) or (ii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property or any Material Leasehold Property (other than a fee interest in a Real Property Asset or any Material Leasehold PropertyProperty with a value of $500,000 or less), in either case excluding any such Material Real Property Asset or Material Leasehold Property the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (ii) above) then- then-existing senior lienholder, where Holdings Company and its Subsidiaries are unable, after exercising commercially reasonable efforts, unable to obtain such lessor's or senior lienholder's consent (any such non-excluded Material Real Property Asset described in the foregoing clause (i) or (ii) being an a "Additional Mortgaged Property"), Holdings Company or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following:

Additional Mortgages, Etc. From and after the Effective Closing Date, in -------------------------- the event that (i) Holdings Company or any Subsidiary Guarantor acquires any fee interest in real property, except any real property acquired or refinanced with the proceeds of any Additional Secured Indebtedness, or any Material Leasehold Property (other than a fee interest in a Real Property Asset or Leasehold Property with a value of $500,000 or less) or (ii) at the time any Person becomes a Subsidiary Guarantor, such Person owns or holds any fee interest in real property or any Material Leasehold Property (other than a fee interest in a Real Property Asset or any Material Leasehold PropertyProperty with a value of $500,000 or less), in either case excluding any such Material Real Property Asset or Material Leasehold Property the encumbrancing of which requires the consent of any applicable lessor or (in the case of clause (ii) above) then- then-existing senior lienholder, where Holdings Company and its Subsidiaries are unable, after exercising commercially reasonable efforts, unable to obtain such lessor's or senior lienholder's consent (any such non-excluded Material Real Property Asset described in the foregoing clause (i) or (ii) being an a "Additional Mortgaged Property"), Holdings Company or such Subsidiary Guarantor shall deliver to Administrative Agent, as soon as practicable after such Person acquires such Additional Mortgaged Property or becomes a Subsidiary Guarantor, as the case may be, the following: