Benefits of Loan Documents. The Tranche B II Term Loans shall be entitled to all the benefits afforded by the Restated Credit Agreement and the other Loan Documents and shall benefit equally and ratably (except as provided in Section 2 above) from the Guarantees created by the Guarantee Agreement and the security interests created by the Collateral Agreement and the other Security Documents.
Benefits of Loan Documents. Each reference to the Credit Agreement in any of the Loan Documents shall be deemed to be a reference to the Credit Agreement as amended by this Amendment, and as the Credit Agreement may from time to time be further amended, supplemented, restated or otherwise modified in the future by one or more other written amendments or supplemental or modification agreements entered into pursuant to the applicable provisions thereof.
Benefits of Loan Documents. The Mortgage contains customary provisions enforceable in accordance with their terms (except as such enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting the enforcement of creditors' rights generally and by general principals of equity, regardless of whether such enforcement is considered in a proceeding in equity or at law) that, upon assignment to the Purchaser pursuant to this Agreement, will render the rights and remedies of the Purchaser thereof adequate for the realization against the Mortgaged Property of the benefits of the security, including (i) in the case of a Mortgage designated as a deed of trust, by trustee's sale, and (ii) otherwise by judicial foreclosure. To the best of Seller's knowledge, there is no homestead, dower, curtesy, or other exemption or right available to the Mortgagor or any other person which would interfere with the right to sell the Mortgaged Property at a trustee's sale or the right to foreclose the Mortgage. The Mortgage contains customary and enforceable provisions for the acceleration of the payment of the unpaid principal balance of such Mortgage Loan in the event all or any part of the related Mortgaged Property is sold or otherwise transferred without the prior consent of the mortgagee thereunder. If the Mortgage constitutes a deed of trust, a trustee, duly qualified under applicable law to serve as such, has been properly designated and currently so serves and is named in such Mortgage, and no fees or expenses are or will become payable by the Purchaser to the trustee under the deed of trust, except in connection with a trustee's sale after default by the Mortgagor.
Benefits of Loan Documents. Without limiting the other provisions of this Section 8.6, from and after each assignment permitted pursuant to this Section 8.6 (other than assignments by Bank of its entire interest in the Loan): (a) all grants of collateral security (including, without limitation, each deed of trust, mortgage, security agreement, assignment of rents and leases, and other assignments for security in the Loan Documents) shall be deemed made to Bank in its capacity as an administrative or collateral agent for the pro rata benefit of Bank and the Assignees as lenders; (b) all obligations and liabilities of Borrowers, each guarantor and each other Loan Party pursuant to the Loan Documents shall be deemed to inure to the pro rata benefit of Bank and the Assignees as lenders; and (c) all indemnity and reimbursement obligations of Borrowers, guarantors and the other Loan Parties shall be in favor of Bank and Assignees in accordance with their pro rata interests and in the case of indemnities shall include all named indemnified parties of Bank and Assignee (for example an indemnity in favor of a party and its officers, directors, agents, and employees shall be for the benefit of the officers, directors, agents, and employees of each of Bank and the Assignee); provided that any obligation of Borrowers to reimburse for out of pocket costs and expenses of any party shall be deemed to refer to the party incurring such costs and expenses.
