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

Application of Sale Proceeds and Rents. After any foreclosure sale of all or any of the Mortgaged Property, Mortgagee shall, subject to the applicable provisions of the Intercreditor Agreement, 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 the costs and expenses of such sale, including compensation to Mortgagee’s attorneys and agents, and of any judicial proceedings wherein the same may be made, and of all expenses, liabilities and advances made or incurred by Mortgagee under this Mortgage, together with interest at the Interest Rate on all advances made by Mortgagee, including all taxes or assessments (except any taxes, assessments or other charges subject to which the Mortgaged Property shall have been sold) and the cost of removing any Permitted Lien (except any Permitted Lien subject to which the Mortgaged Property was sold);

Appears in 2 contracts

Samples: Credit Agreement (SMURFIT-STONE CONTAINER Corp), Credit Agreement (Smurfit Stone Container Corp)

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Application of Sale Proceeds and Rents. After any foreclosure sale of all or any of the Mortgaged Property, Mortgagee shall, subject to the applicable provisions of the Intercreditor Agreement, shall receive and apply the proceeds of the sale, sale together with any Rents that may have been collected and any other sums that then may be held by Mortgagee under this Mortgage, Mortgage as follows: FIRST, to the payment of the costs and expenses of such sale, including compensation to Mortgagee’s attorneys and agents, and of any judicial proceedings wherein the same may be made, and of all expenses, liabilities and advances made or incurred by Mortgagee under this Mortgage, together with interest at the Default Interest Rate on all advances made by Mortgagee, including all taxes or assessments (except any taxes, assessments or other charges subject to which the Mortgaged Property shall have been sold) and the cost of removing any Permitted Collateral Lien (except any Permitted Lien subject to which the Mortgaged Property was sold);; SECOND, to the Mortgagee for the distribution to the Secured Parties for the satisfaction of the Obligations owed to the Secured Parties; and

Appears in 1 contract

Samples: Credit Agreement (Trimas Corp)

Application of Sale Proceeds and Rents. After any foreclosure sale of all or any of the Mortgaged Property, Mortgagee shall, subject to the applicable provisions of the Intercreditor Agreement, shall receive and apply the proceeds of the sale, sale together with any Rents that may have been collected and any other sums that then may be held by Mortgagee under this Mortgage, Mortgage as follows: FIRST, to the payment of the costs and expenses of such sale, including compensation to Mortgagee’s attorneys and agents, and of any judicial proceedings wherein the same may be made, and of all expenses, liabilities and advances made or incurred by Mortgagee under this Mortgage, together with interest at the Interest Rate on all advances made by Mortgagee, including all taxes or assessments (except any taxes, assessments or other charges subject to which the Mortgaged Property shall have been sold) and the cost of removing any Permitted Lien Encumbrance (except any Permitted Lien Encumbrance subject to which the Mortgaged Property was sold);; SECOND, to the Mortgagee for the distribution to the Secured Parties for the satisfaction of the Obligations owed to the Secured Parties; and

Appears in 1 contract

Samples: Security Agreement (Blockbuster Inc)

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Application of Sale Proceeds and Rents. After any foreclosure sale of all or any of the Mortgaged Property, Mortgagee shallshall receive the proceeds of sale, subject no purchaser shall be required to see to the applicable provisions application of the Intercreditor Agreement, receive proceeds and Mortgagee shall apply the proceeds of the sale, sale together with any Rents that may have been collected and any other sums that which then may be held by Mortgagee under this Mortgage, Mortgage as follows: FIRST, : to the payment of the costs and expenses of such sale, including compensation to Mortgagee’s 's attorneys and agents, and of any judicial proceedings wherein the same may be made, and of all expenses, liabilities and advances made or incurred by Mortgagee under this Mortgage, together with interest at the Interest Default Rate on all advances made by Mortgagee, including all taxes or assessments (except any taxes, assessments or other charges subject to which the Mortgaged Property shall have been sold) and the cost of removing any Permitted Lien Encumbrance (except any Permitted Lien Encumbrance subject to which the Mortgaged Property was sold);; SECOND: to the Mortgagee for the payment in full of Indebtedness and satisfaction of the Secured Obligations; and

Appears in 1 contract

Samples: Asset Purchase Agreement (Ta Operating Corp)

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