Common use of Application of Sale Proceeds and Rents Clause in Contracts

Application of Sale Proceeds and Rents. Subject to the Intercreditor Agreement, after any foreclosure sale of all or any of the Mortgaged Property, Mortgagee shall receive and apply the proceeds of the sale together with any Rents that may have been collected and any other sums that then may be held by Mortgagee under this Mortgage as follows: FIRST, to the payment of all costs and expenses incurred by the Mortgagee, the Administrative Agent or the Collateral Agent (in their respective capacities as such hereunder or under any other Loan Document) in connection with such collection, sale, foreclosure or realization or otherwise in connection with this Mortgage, any other Loan Document or any of the Obligations, including all court costs and the fees and expenses of its agents and legal counsel, the repayment of all advances made by the Mortgagee, the Administrative Agent and/or the Collateral Agent hereunder or under any other Loan Document on behalf of Mortgagor or any Grantor and any other costs or expenses incurred in connection with the exercise of any right or remedy hereunder or under any other Loan Document;

Application of Sale Proceeds and Rents. Subject to the Intercreditor Agreement, after After any foreclosure sale of all or any of the Mortgaged Property, Mortgagee shall receive and apply the proceeds of the sale together with any Rents that may have been collected and any other sums that then may be held by Mortgagee under this Mortgage as follows: FIRST, to the payment of all costs and expenses incurred by the Mortgagee, the Administrative Agent or the Collateral Agent (in their respective capacities as such hereunder or under any other Loan Document) in connection with such collection, sale, foreclosure or realization or otherwise in connection with this Mortgage, any other Loan Document or any of the Obligations, including all court costs and the fees and expenses of its agents and legal counsel, the repayment of all advances made by the Mortgagee, the Administrative Agent and/or the Collateral Agent hereunder or under any other Loan Document on behalf of Mortgagor or any Grantor and any other costs or expenses incurred in connection with the exercise of any right or remedy hereunder or under any other Loan Document; SECOND, to the payment in full of Unfunded Advances/Participations (the amounts so applied to be distributed between or among the Administrative Agent, the Swingline Lender and any Issuing Bank pro rata in accordance with the amounts of Unfunded Advances/Participations owed to them on the date of any such distribution);

Application of Sale Proceeds and Rents. Subject to Except as expressly provided elsewhere in this Mortgage, all proceeds received by the Intercreditor AgreementMortgagee in respect of any sale of, after any foreclosure sale of collection from, or other realization upon all or any part of the Mortgaged PropertyProperty shall be applied in full or in part by the Mortgagee against, Mortgagee shall receive and apply the proceeds Obligations in the following order of the sale together with any Rents that may have been collected and any other sums that then may be held by Mortgagee under this Mortgage as followspriority: FIRSTfirst, to the payment of all costs and expenses of such sale, collection or other realization, including reasonable compensation to the Mortgagee and its agents and counsel, and all other expenses, liabilities and advances made or incurred by the MortgageeMortgagee in connection therewith, and all amounts for which the Administrative Agent or Mortgagee is entitled to indemnification hereunder (in its capacity as the Collateral Agent (in their respective capacities and not as such hereunder or under any other Loan Documenta Lender) in connection with such collection, sale, foreclosure or realization or otherwise in connection with this Mortgage, any other Loan Document or any of the Obligations, including all court costs and the fees and expenses of its agents and legal counsel, the repayment of all advances made by the MortgageeMortgagee hereunder for the account of the Mortgagor, and to the Administrative Agent and/or payment of all costs and expenses paid or incurred by the Collateral Agent hereunder or under any other Loan Document on behalf of Mortgagor or any Grantor and any other costs or expenses incurred Mortgagee in connection with the exercise of any right or remedy hereunder or under the Credit Agreement, all in accordance with the terms hereof or thereof; second, to the extent of any excess of such proceeds, to the payment of all other Loan Document;Obligations for the ratable benefit of the Lenders and the Hedge Counterparties; and third, to the extent of any excess of such proceeds, to the payment to or upon the order of the Mortgagor or to whosoever may be lawfully entitled to receive the same or as a court of competent jurisdiction may direct.