Common use of Application of Monies by Collateral Agent Clause in Contracts

Application of Monies by Collateral Agent. (a) Upon the occurrence and during the continuance of an Event of Default, Collateral Agent shall be entitled to sxx for and to recover judgment against Borrower, Mortgagor and/or Guarantors for the whole amount of the Obligations due and unpaid together with costs and expenses, including without limitation, the reasonable compensation, expenses and disbursements of Collateral Agent’s and Holders’ agents, attorneys and other representatives, either before, after or during the pendency of any proceedings for the enforcement of this Mortgage, and the right of Collateral Agent to recover such judgment shall not be affected by any taking possession or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this Mortgage, or the foreclosure of the lien hereof. (b) In case of a foreclosure sale of all or any part of the Property and the application of the proceeds of sale to the payment of the Obligations secured hereby, Collateral Agent shall be entitled to enforce payment from Borrower, Mortgagor and/or Guarantors of all Obligations then remaining due and unpaid and to recover judgment against Borrower, Mortgagor and/or Guarantors for any portion thereof remaining unpaid, with interest. (c) Mortgagor hereby agrees, to the extent permitted by law, that no recovery of any such judgment by Collateral Agent and no attachment or levy of any execution upon any of the Property or any other property shall in any way affect the lien of this Mortgage upon the Property or any part thereof or any lien, rights, powers or remedies of Holders hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies collected or received by Collateral Agent under this Section 3.10 shall be applied to the payment of reasonable compensation, expenses and disbursements of the agents, attorneys, and other representatives of Collateral Agent, and the balance remaining shall be applied to the payment of the Obligations secured hereby. (e) The provisions of this paragraph shall not be deemed to limit or otherwise modify the provisions of any guaranty of the Obligations of Guarantor to Collateral Agent.

Application of Monies by Collateral Agent. (a) Upon the occurrence and during the continuance of an Event of Default, Collateral Agent shall be entitled to sxx for and to recover judgment against Borrower, Mortgagor and/or Guarantors Grantor for the whole amount of the Obligations due and unpaid together with costs and expenses, including without limitation, the reasonable compensation, expenses and disbursements of Collateral Agent’s and Holders’ agents, attorneys and other representatives, either before, after or during the pendency of any proceedings for the enforcement of this MortgageDeed of Trust, and the right of Collateral Agent to recover such judgment shall not be affected by any taking possession or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this MortgageDeed of Trust, or the foreclosure of the lien hereof. (b) In case of a foreclosure sale of all or any part of the Property and the application of the proceeds of sale to the payment of the Obligations secured hereby, Collateral Agent shall be entitled to enforce payment from Borrower, Mortgagor and/or Guarantors Grantor of all Obligations then remaining due and unpaid and to recover judgment against Borrower, Mortgagor and/or Guarantors Grantor for any portion thereof remaining unpaid, with interest. (c) Mortgagor Grantor hereby agrees, to the extent permitted by law, that no recovery of any such judgment by Collateral Agent and no attachment or levy of any execution upon any of the Property or any other property shall in any way affect the lien of this Mortgage Deed of Trust upon the Property or any part thereof or any lien, rights, powers or remedies of Holders hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies collected or received by Collateral Agent under this Section 3.10 shall be applied to the payment of reasonable compensation, expenses and disbursements of the agents, attorneys, and other representatives of Collateral Agent, and the balance remaining shall be applied to the payment of the Obligations secured hereby. (e) The provisions of this paragraph shall not be deemed to limit or otherwise modify the provisions of any guaranty of the Obligations of Guarantor to Collateral Agent.

Application of Monies by Collateral Agent. (a) Upon the occurrence and during the continuance of an Event of Default, Collateral Agent shall be entitled to sxx sue for and to recover judgment against Borrower, Mortgagor Borrower and/or Guarantors Grantor for the whole amount of the Obligations due and unpaid together with costs and expenses, including without limitation, the reasonable compensation, expenses and disbursements of Collateral Agent’s 's and Holders’ ' agents, attorneys and other representatives, either before, after or during the pendency of any proceedings for the enforcement of this MortgageDeed of Trust, and the right of Collateral Agent to recover such judgment shall not be affected by any taking possession or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this MortgageDeed of Trust, or the foreclosure of the lien hereof. (b) In case of a foreclosure sale of all or any part of the Property and the application of the proceeds of sale to the payment of the Obligations secured hereby, Collateral Agent shall be entitled to enforce payment from Borrower, Mortgagor and/or Guarantors of all Obligations then remaining due and unpaid and to recover judgment against Borrower, Mortgagor Borrower and/or Guarantors Grantor for any portion thereof remaining unpaid, with interest. (c) Mortgagor Grantor hereby agrees, to the extent permitted by law, that no recovery of any such judgment by Collateral Agent and no attachment or levy of any execution upon any of the Property or any other property shall in any way affect the lien of this Mortgage Deed of Trust upon the Property or any part thereof or any lien, rights, powers or remedies of Holders hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies collected or received by Collateral Agent under this Section 3.10 shall be applied to the payment of reasonable compensation, expenses and disbursements of the agents, attorneys, and other representatives of Collateral Agent, and the balance remaining shall be applied to the payment of the Obligations secured hereby. (e) The provisions of this paragraph shall not be deemed to limit or otherwise modify the provisions of any guaranty of the Obligations of Guarantor to Collateral Agent.

Application of Monies by Collateral Agent. (a) Upon the occurrence and during the continuance of an Event of Default, Collateral Agent shall be entitled to sxx xxx for and to recover judgment against Borrower, Mortgagor and/or Guarantors for the whole amount of the Obligations due and unpaid together with costs and expenses, including without limitation, the reasonable compensation, expenses and disbursements of Collateral Agent’s 's and Holders’ ' agents, attorneys and other representatives, either before, after or during the pendency of any proceedings for the enforcement of this Mortgage, and the right of Collateral Agent to recover such judgment shall not be affected by any taking possession or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this Mortgage, or the foreclosure of the lien hereof. (b) In case of a foreclosure sale of all or any part of the Property and the application of the proceeds of sale to the payment of the Obligations secured hereby, Collateral Agent shall be entitled to enforce payment from Borrower, Mortgagor and/or Guarantors of all Obligations then remaining due and unpaid and to recover judgment against Borrower, Mortgagor and/or Guarantors for any portion thereof remaining unpaid, with interest. (c) Mortgagor hereby agrees, to the extent permitted by law, that no recovery of any such judgment by Collateral Agent and no attachment or levy of any execution upon any of the Property or any other property shall in any way affect the lien of this Mortgage upon the Property or any part thereof or any lien, rights, powers or remedies of Holders hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies collected or received by Collateral Agent under this Section 3.10 shall be applied to the payment of reasonable compensation, expenses and disbursements of the agents, attorneys, and other representatives of Collateral Agent, and the balance remaining shall be applied to the payment of the Obligations secured hereby. (e) The provisions of this paragraph shall not be deemed to limit or otherwise modify the provisions of any guaranty of the Obligations of Guarantor to Collateral Agent.

Application of Monies by Collateral Agent. (a) Upon the occurrence and during the continuance of an Event of Default, Collateral Agent shall be entitled to sxx xxx for and to recover judgment against Borrower, Mortgagor Borrower and/or Guarantors Grantor for the whole amount of the Obligations due and unpaid together with costs and expenses, including without limitation, the reasonable compensation, expenses and disbursements of Collateral Agent’s 's and Holders’ ' agents, attorneys and other representatives, either before, after or during the pendency of any proceedings for the enforcement of this MortgageDeed of Trust, and the right of Collateral Agent to recover such judgment shall not be affected by any taking possession or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this MortgageDeed of Trust, or the foreclosure of the lien hereof. (b) In case of a foreclosure sale of all or any part of the Property and the application of the proceeds of sale to the payment of the Obligations secured hereby, Collateral Agent shall be entitled to enforce payment from Borrower, Mortgagor and/or Guarantors of all Obligations then remaining due and unpaid and to recover judgment against Borrower, Mortgagor Borrower and/or Guarantors Grantor for any portion thereof remaining unpaid, with interest. (c) Mortgagor Grantor hereby agrees, to the extent permitted by law, that no recovery of any such judgment by Collateral Agent and no attachment or levy of any execution upon any of the Property or any other property shall in any way affect the lien of this Mortgage Deed of Trust upon the Property or any part thereof or any lien, rights, powers or remedies of Holders hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies collected or received by Collateral Agent under this Section 3.10 shall be applied to the payment of reasonable compensation, expenses and disbursements of the agents, attorneys, and other representatives of Collateral Agent, and the balance remaining shall be applied to the payment of the Obligations secured hereby. (e) The provisions of this paragraph shall not be deemed to limit or otherwise modify the provisions of any guaranty of the Obligations of Guarantor to Collateral Agent.

Application of Monies by Collateral Agent. (a) Upon the occurrence and during the continuance of an Event of Default, Collateral Agent shall be entitled to sxx sue for and to recover judgment against Borrower, Mortgagor Parent and/or Guarantors Grantor for the whole amount of the Obligations due and unpaid together with costs and expenses, including without limitation, the reasonable compensation, expenses and disbursements of Collateral Agent’s 's and Holders’ ' agents, attorneys and other representatives, either before, after or during the pendency of any proceedings for the enforcement of this MortgageDeed of Trust, and the right of Collateral Agent to recover such judgment shall not be affected by any taking possession or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this MortgageDeed of Trust, or the foreclosure of the lien hereof. (b) In case of a foreclosure sale of all or any part of the Property and the application of the proceeds of sale to the payment of the Obligations secured hereby, Collateral Agent shall be entitled to enforce payment from Borrower, Mortgagor and/or Guarantors of all Obligations then remaining due and unpaid and to recover judgment against Borrower, Mortgagor Parent and/or Guarantors Grantor for any portion thereof remaining unpaid, with interest. (c) Mortgagor Grantor hereby agrees, to the extent permitted by law, that no recovery of any such judgment by Collateral Agent and no attachment or levy of any execution upon any of the Property or any other property shall in any way affect the lien of this Mortgage Deed of Trust upon the Property or any part thereof or any lien, rights, powers or remedies of Holders hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies collected or received by Collateral Agent under this Section 3.10 shall be applied to the payment of reasonable compensation, expenses and disbursements of the agents, attorneys, and other representatives of Collateral Agent, and the balance remaining shall be applied to the payment of the Obligations secured hereby. (e) The provisions of this paragraph shall not be deemed to limit or otherwise modify the provisions of any guaranty of the Obligations of Guarantor to Collateral Agent.

Application of Monies by Collateral Agent. (a) Upon the occurrence and during the continuance of an Event of Default, Collateral Agent shall be entitled to sxx sue for and to recover judgment against Borrower, Mortgagor Borrower and/or Guarantors Grantor for the whole amount of the Obligations due and unpaid together with costs and expenses, including without limitation, the reasonable compensation, expenses and disbursements of Collateral Agent’s 's and Holders’ ' agents, attorneys and other representatives, either before, after or during the pendency of any proceedings for the enforcement of this Mortgage, and the right of Collateral Agent to recover such judgment shall not be affected by any taking possession or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this Mortgage, or the foreclosure of the lien hereof. (b) In case of a foreclosure sale of all or any part of the Property and the application of the proceeds of sale to the payment of the Obligations secured hereby, Collateral Agent shall be entitled to enforce payment from Borrower, Mortgagor and/or Guarantors Grantor of all Obligations then remaining due and unpaid and to recover judgment against Borrower, Mortgagor Borrower and/or Guarantors Grantor for any portion thereof remaining unpaid, with interest. (c) Mortgagor Grantor hereby agrees, to the extent permitted by law, that no recovery of any such judgment by Collateral Xxxxxxxxxx Agent and no attachment or levy of any execution upon any of the Property or any other property shall in any way affect the lien of this Mortgage upon the Property or any part thereof or any lien, rights, powers or remedies of Holders hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies collected or received by Collateral Agent under this Section 3.10 shall be applied to the payment of reasonable compensation, expenses and disbursements of the agents, attorneys, and other representatives of Collateral Agent, and the balance remaining shall be applied to the payment of the Obligations secured hereby. (e) The provisions of this paragraph shall not be deemed to limit or otherwise modify the provisions of any guaranty of the Obligations of Guarantor to Collateral Agent.

Application of Monies by Collateral Agent. (a) Upon the occurrence and during the continuance of an Event of Default, Collateral Agent shall be entitled to sxx xxx for and to recover judgment against Borrower, Mortgagor Borrower and/or Guarantors Grantor for the whole amount of the Obligations due and unpaid together with costs and expenses, including without limitation, the reasonable compensation, expenses and disbursements of Collateral Agent’s 's and Holders’ ' agents, attorneys and other representatives, either before, after or during the pendency of any proceedings for the enforcement of this MortgageDeed of Trust, and the right of Collateral Agent to recover such judgment shall not be affected by any taking possession or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this MortgageDeed of Trust, or the foreclosure of the lien hereof. (b) In case of a foreclosure sale of all or any part of the Property and the application of the proceeds of sale to the payment of the Obligations secured hereby, Collateral Agent shall be entitled to enforce payment from Borrower, Mortgagor and/or Guarantors Grantor of all Obligations then remaining due and unpaid and to recover judgment against Borrower, Mortgagor Borrower and/or Guarantors Grantor for any portion thereof remaining unpaid, with interest. (c) Mortgagor Grantor hereby agrees, to the extent permitted by law, that no recovery of any such judgment by Collateral Agent and no attachment or levy of any execution upon any of the Property or any other property shall in any way affect the lien of this Mortgage Deed of Trust upon the Property or any part thereof or any lien, rights, powers or remedies of Holders hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies collected or received by Collateral Agent under this Section 3.10 shall be applied to the payment of reasonable compensation, expenses and disbursements of the agents, attorneys, and other representatives of Collateral Agent, and the balance remaining shall be applied to the payment of the Obligations secured hereby. (e) The provisions of this paragraph shall not be deemed to limit or otherwise modify the provisions of any guaranty of the Obligations of Guarantor to Collateral Agent.

Application of Monies by Collateral Agent. (a) Upon the occurrence and during the continuance of an Event of Default, Collateral Agent shall be entitled to sxx xxx for and to recover judgment against Borrower, Borrower and/or Mortgagor and/or Guarantors for the whole amount of the Obligations due and unpaid together with costs and expenses, including without limitation, the reasonable compensation, expenses and disbursements of Collateral Agent’s 's and Holders’ ' agents, attorneys and other representatives, either before, after or during the pendency of any proceedings for the enforcement of this Mortgage, and the right of Collateral Agent to recover such judgment shall not be affected by any taking possession or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this Mortgage, or the foreclosure of the lien hereof. (b) In case of a foreclosure sale of all or any part of the Property and the application of the proceeds of sale to the payment of the Obligations secured hereby, Collateral Agent shall be entitled to enforce payment from Borrower, Mortgagor and/or Guarantors of all Obligations then remaining due and unpaid and to recover judgment against Borrower, Borrower and/or Mortgagor and/or Guarantors for any portion thereof remaining unpaid, with interest. (c) Mortgagor hereby agrees, to the extent permitted by law, that no recovery of any such judgment by Collateral Agent and no attachment or levy of any execution upon any of the Property or any other property shall in any way affect the lien of this Mortgage upon the Property or any part thereof or any lien, rights, powers or remedies of Holders hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies collected or received by Collateral Agent under this Section 3.10 shall be applied to the payment of reasonable compensation, expenses and disbursements of the agents, attorneys, and other representatives of Collateral Agent, and the balance remaining shall be applied to the payment of the Obligations secured hereby. (e) The provisions of this paragraph shall not be deemed to limit or otherwise modify the provisions of any guaranty of the Obligations of Guarantor to Collateral Agent.

Application of Monies by Collateral Agent. (a) Upon the occurrence and during the continuance of an Event of Default, Collateral Agent shall be entitled to sxx sue for and to recover judgment against Borrower, Mortgagor and/or Guarantors Obligor for the whole wxxxe amount of the Secured Obligations due and unpaid together with costs and expenses, including without limitation, the reasonable compensation, expenses and disbursements of Collateral 131 Agent’s and Holders’ 's agents, attorneys and other representatives, either before, after or during the pendency of any proceedings for the enforcement of this MortgageInstrument, and the right of Collateral Agent to recover such judgment shall not be affected by any taking possession or foreclosure sale hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of this MortgageInstrument, or the foreclosure of the lien hereof. (b) In case of a foreclosure sale of all or any part of the Property and the application of the proceeds of sale to the payment of the Secured Obligations secured hereby, Collateral Agent shall be entitled to enforce payment from Borrower, Mortgagor and/or Guarantors Obligor of all Secured Obligations then remaining due and unpaid and to recover judgment against Borrower, Mortgagor and/or Guarantors Obligor for any portion thereof remaining unpaid, with interest. (c) Mortgagor Obligor hereby agrees, to the extent permitted by law, that no recovery of any such judgment by Collateral Agent and no attachment or levy of any execution upon any of the Property or any other property shall in any way affect the lien of this Mortgage Instrument upon the Property or any part thereof or any lien, rights, powers or remedies of Holders Collateral Agent hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies collected or received by Collateral Agent under this Section 3.10 Paragraph 2.20 shall be applied to as provided in the payment of reasonable compensation, expenses and disbursements of the agents, attorneys, and other representatives of Collateral Agent, and the balance remaining shall be applied to the payment of the Obligations secured herebyIntercreditor Agreement. (e) The provisions of this paragraph shall not be deemed to limit or otherwise modify the provisions of any guaranty of the Secured Obligations of Guarantor Obligor to Collateral AgentAgent and Lenders.