Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security Instrument, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § 362 of the Bankruptcy Code so to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s use of all “cash collateral” as defined under § 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 3 contracts
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement, and Fixture Filing (Reading International Inc), Deed of Trust and Security Agreement (Republic Property Trust), Mortgage and Security Agreement (Gladstone Commercial Corp)
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security Instrument, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § Section 362 of the Bankruptcy Code so to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s 's use of all “"cash collateral” " as defined under § Section 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 2 contracts
Samples: Open End Mortgage and Security Agreement (First Union Real Estate Equity & Mortgage Investments), Deed of Trust and Security Agreement (First Potomac Realty Trust)
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceedingproceeding (other than pursuant to a bankruptcy by or against a tenant under a Lease), then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security Instrument, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § 362 of the Bankruptcy Code so to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s use of all “cash collateral” as defined under § 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 2 contracts
Samples: Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.), Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.)
Bankruptcy Acknowledgment. In the event the Mortgaged Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender Mortgagee shall immediately become entitled, in addition to all other relief to which Lender Mortgagee may be entitled under this Security InstrumentMortgage, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § ss. 362 of the Bankruptcy Code so to permit Lender Mortgagee to pursue its rights and remedies against Borrower Xxxxxxxxx as provided under this Security Instrument Mortgage and all other rights and remedies of Lender Mortgagee at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s Mortgagor's use of all “"cash collateral” " as defined under § ss. 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower Xxxxxxxxx shall not contend or allege in any pleading or petition filed in any court proceeding that Lender Mortgagee does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower Mortgagor to stay, condition, or inhibit Lender Mortgagee from exercising its remedies are hereby admitted by Borrower Xxxxxxxxx to be in bad faith and Borrower Xxxxxxxxx further admits that Lender Mortgagee would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 2 contracts
Samples: Mortgage, Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Concord Milestone Plus L P), Deed of Trust (Concord Milestone Plus L P)
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security InstrumentMortgage, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § 362 of the Bankruptcy Code so as to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument Mortgage and all other rights and remedies of Lender at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s use of all “cash collateral” as defined under § 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith faith, and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 2 contracts
Samples: Deed of Trust and Security Agreement (Infousa Inc), Deed of Trust and Security Agreement (Infousa Inc)
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this the Security InstrumentInstrument or any other Loan Document, to obtain obtain: (ia) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the any automatic stay pursuant to § laws (including Section 362 of the Bankruptcy Code Code) so to permit Lender to pursue its rights and remedies against Borrower as provided under this Agreement and the Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, ; and (iib) an order from the Bankruptcy Court prohibiting Borrower’s use of all “cash collateral” as defined under § Section 363 of the Bankruptcy Code. In connection with any such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under by state lawLaw.
Appears in 1 contract
Samples: Loan Agreement (Cole Credit Property Trust Iv, Inc.)
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender Grantee shall immediately become entitled, in addition to all other relief to which Lender Grantee may be entitled under this Security Instrument, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § 362 of the Bankruptcy Code so to permit Lender Grantee to pursue its rights and remedies against Borrower as provided under this Security Instrument and all other rights and remedies of Lender Grantee at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s use of all “cash collateral” as defined under § 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender Grantee does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender Grantee from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender Grantee would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 1 contract
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security Instrument, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § Section 362 of the Bankruptcy Code so to permit Lender to pursue its rights and remedies against Borrower as provided JPMORGAN CHASE BANK under this Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s 's use of all “"cash collateral” " as defined under § Section 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (First Potomac Realty Trust)
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security Instrument, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § ss. 362 of the Bankruptcy Code so to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s 's use of all “"cash collateral” " as defined under § ss. 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Sheldahl Inc)
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, proceeding then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security Instrument, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § Section 362 of the Bankruptcy Code so to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, law and (ii) an order from the Bankruptcy Court prohibiting Borrower’s 's use of all “"cash collateral” " as defined under § Section 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, . Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (First Potomac Realty Trust)
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security Instrument, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § 362 of the Bankruptcy Code so to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s 's use of all “"cash collateral” " as defined under § 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 1 contract
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceedingproceeding (other than pursuant to a bankruptcy by or against a tenant under a Lease), then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security Instrument, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § 362 of the Bankruptcy Code so to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s use of all “cash collateral” as defined under § 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower Xxxxxxxx shall not contend or allege in any pleading or petition filed in any court proceeding that Lender Xxxxxx does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower Xxxxxxxx further admits that Lender Xxxxxx would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.)
Bankruptcy Acknowledgment. In the event the Mortgaged Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security InstrumentMortgage, to obtain obtain: (ia) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the any automatic stay pursuant to § laws (including §362 of the Bankruptcy Code Code) so as to permit Lender to pursue its rights and remedies against Borrower Xxxxxxxx as provided under this Security Instrument Mortgage and all other rights and remedies of Lender at law and in equity under applicable state law, ; and (iib) an order from the Bankruptcy Court prohibiting Borrower’s 's use of all “"cash collateral” " as defined under § §363 of the Bankruptcy Code. In connection with any such Bankruptcy Court orders, . Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender Xxxxxx does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, condition or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith faith, and Borrower Xxxxxxxx further admits that Lender Xxxxxx would have just cause for relief from the automatic stay in order to take such actions authorized under by state law. 42.
Appears in 1 contract
Bankruptcy Acknowledgment. In the event the Mortgaged Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender Mortgagee shall immediately become entitled, in addition to all other relief to which Lender Mortgagee may be entitled under this Security InstrumentMortgage, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § Section 362 of the Bankruptcy Code so to permit Lender Mortgagee to pursue its rights and remedies against Borrower Mortgagor as provided under this Security Instrument Mortgage and all other rights and remedies of Lender Mortgagee at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s Mortgagor's use of all “"cash collateral” " as defined under § Section 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower Mortgagor shall not contend or allege in any pleading or petition filed in any court proceeding that Lender Mortgagee does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower Mortgagor to stay, condition, or inhibit Lender Mortgagee from exercising its remedies are hereby admitted by Borrower Mortgagor to be in bad faith and Borrower Mortgagor further admits that Lender Mortgagee would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 1 contract
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security InstrumentAgreement or the other Loan Documents, to obtain obtain: (ia) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the any automatic stay pursuant to § laws (including Section 362 of the Bankruptcy Code Code) so to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument Agreement and all other rights and remedies of Lender at law and in equity under applicable state law, ; and (iib) an order from the Bankruptcy Court prohibiting Borrower’s use of all “cash collateral” as defined under § Section 363 of the Bankruptcy Code. In connection with any such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under by state lawLaw.
Appears in 1 contract
Samples: Loan Agreement (AmREIT, Inc.)
Bankruptcy Acknowledgment. In the event the Mortgaged Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security Instrument, to obtain obtain: (ia) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the any automatic stay pursuant to § laws (including Section 362 of the Bankruptcy Code Code) so to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, ; and (iib) an order from the Bankruptcy Court prohibiting Borrower’s 's use of all “"cash collateral” " as defined under § Section 363 of the Bankruptcy Code. In connection with any such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under by state law.
Appears in 1 contract
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall shall, subject to Bankruptcy Court approval, immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security InstrumentMortgage, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § Section 362 of the Bankruptcy Code so to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument Mortgage and all other rights and remedies of Lender at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s 's use of all “"cash collateral” " as defined under § Section 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 1 contract
Samples: Mortgage Agreement (Ramco Gershenson Properties Trust)
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security Instrument, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § toss. 362 of the Bankruptcy Code so to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s 's use of all “"cash collateral” " as defined under § underss. 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Westcoast Hospitality Corp)
Bankruptcy Acknowledgment. In the event the Mortgaged Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security Instrument, to obtain obtain: (ia) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the any automatic stay pursuant to § laws (including §362 of the Bankruptcy Code Code) so to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, ; and (iib) an order from the Bankruptcy Court prohibiting Borrower’s use of all “cash collateral” as defined under § §363 of the Bankruptcy Code. In connection with any such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under by state law.
Appears in 1 contract
Samples: Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Grubb & Ellis Co)
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceedingproceeding (other than pursuant to a bankruptcy by or against a tenant under a Lease), then Lender shall immediately become entitled, in addition to all other relief to which Lender Leader may be entitled under this Security Instrument, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § 362 of the Bankruptcy Code so to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s use of all “cash collateral” as defined under § 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower Xxxxxxxx shall not contend or allege in any pleading or petition filed in any court proceeding that Lender Xxxxxx does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower Xxxxxxxx further admits that Lender Xxxxxx would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Inland American Real Estate Trust, Inc.)
Bankruptcy Acknowledgment. In the event the Property, any Individual Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this any Security InstrumentInstrument or any other Loan Document, to obtain obtain: (ia) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the any automatic stay pursuant to § laws (including Section 362 of the Bankruptcy Code Code) so to permit Lender to pursue its rights and remedies against Borrower as provided under this Agreement and any Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, ; and (iib) an order from the Bankruptcy Court prohibiting Borrower’s use of all “cash collateral” as defined under § Section 363 of the Bankruptcy Code. In connection with any such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under by state lawLaw.
Appears in 1 contract
Samples: Loan Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.)
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender Beneficiary shall immediately become entitled, in addition to all other relief to which Lender Beneficiary may be entitled under this Security Instrument, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § §362 of the Bankruptcy Code so to permit Lender Beneficiary to pursue its rights and remedies against Grantor and Borrower as provided under this Security Instrument and all other rights and remedies of Lender Beneficiary at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Grantor and/or Borrower’s use of all “cash collateral” as defined under § §363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Grantor and/or Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender Beneficiary does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Grantor and/or Borrower to stay, condition, or inhibit Lender Beneficiary from exercising its remedies are hereby admitted by Grantor and/or Borrower to be in bad faith and Grantor and/or Borrower further admits admit that Lender Beneficiary would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 1 contract
Samples: Leasehold Indemnity Deed of Trust and Security Agreement (Columbia Equity Trust, Inc.)
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security InstrumentMortgage, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § Section 362 of the Bankruptcy Code so to permit Lender to ------------ pursue its rights and remedies against Borrower as provided under this Security Instrument Mortgage and all other rights and remedies of Lender at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s 's use of all “"cash collateral” " as defined under § Section 363 of the ----------- Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 1 contract
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Cytation Corp)
Bankruptcy Acknowledgment. In the event the Mortgaged Property ------------------------- or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to all other relief to which Lender may be entitled under this Security Instrument, to obtain obtain: (ia) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the any automatic stay pursuant to § 362 laws (including ss.362 of the Bankruptcy Code Code) so to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, ; and (iib) an order from the Bankruptcy Court prohibiting Borrower’s 's use of all “"cash collateral” " as defined under § 363 ss.363 of the Bankruptcy Code. In connection with any such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that petitxxx xxxx Lender does not have sufficient grounds for relief from the automatic axxxxxxic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief xxxxxx from the automatic stay in stxx xx order to take such actions authorized under by state law.
Appears in 1 contract
Bankruptcy Acknowledgment. In the event the Property or any portion thereof or any interest therein becomes property of any bankruptcy estate or subject to any state or federal insolvency proceeding, then Lender shall immediately become entitled, in addition to XXXXXX GUARANTY TRUST COMPANY all other relief to which Lender may be entitled under this Security Instrument, to obtain (i) an order from the Bankruptcy Court or other appropriate court granting immediate relief from the automatic stay pursuant to § Section 362 of the Bankruptcy Code so to permit Lender to pursue its rights and remedies against Borrower as provided under this Security Instrument and all other rights and remedies of Lender at law and in equity under applicable state law, and (ii) an order from the Bankruptcy Court prohibiting Borrower’s 's use of all “"cash collateral” " as defined under § Section 363 of the Bankruptcy Code. In connection with such Bankruptcy Court orders, Borrower shall not contend or allege in any pleading or petition filed in any court proceeding that Lender does not have sufficient grounds for relief from the automatic stay. Any bankruptcy petition or other action taken by the Borrower to stay, condition, or inhibit Lender from exercising its remedies are hereby admitted by Borrower to be in bad faith and Borrower further admits that Lender would have just cause for relief from the automatic stay in order to take such actions authorized under state law.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (First Potomac Realty Trust)