Collection of Rents by the Mortgagee. (i) Any Rents receivable by the Mortgagee hereunder, after payment of all proper costs and charges, shall be applied to the Secured Obligations. The Mortgagee shall be accountable to the Mortgagor only for Rents actually received by the Mortgagee. The collection of such Rents and the application thereof shall not cure or waive any Event of Default or waive, modify or affect notice of any Event of Default or invalidate any act done pursuant to such notice. (ii) The Mortgagor hereby irrevocably authorizes and directs the Tenant under each Lease to rely upon and comply with any and all notices or demands from the Mortgagee following the occurrence and during the continuance of an Event of Default for payment of Rents to the Mortgagee and the Mortgagor shall have no claim against Tenant for Rents paid by Tenant to the Mortgagee pursuant to such notice or demand. For the purposes of this Section 6.2, a notice from the Mortgagee to the Tenant shall be deemed to be conclusive.
Appears in 2 contracts
Samples: First Fee and Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Trump Indiana Inc), Second Fee and Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Trump Indiana Inc)
Collection of Rents by the Mortgagee. (i) Any Rents receivable collected by the Mortgagee hereunder, after payment of all proper costs and charges, shall be applied to the Secured ObligationsObligations subject to the terms of the Credit Agreement. The Mortgagee shall be accountable to the Mortgagor only for Rents actually received by the Mortgagee. The collection of such Rents and the application thereof shall not cure or waive any Event of Default or waive, modify or affect notice of any Event of Default or invalidate any act done pursuant to such notice.
(ii) The Mortgagor hereby irrevocably authorizes and directs the Tenant under each Lease to rely upon and comply with any and all notices or demands from the Mortgagee following the occurrence and during the continuance of an Event of Default for payment of Rents to the Mortgagee and the Mortgagor shall have no claim against Tenant for Rents paid by Tenant to the Mortgagee pursuant to such notice or demand. For the purposes of this Section 6.2, a notice from the Mortgagee to the Tenant shall be deemed to be conclusive.
Appears in 2 contracts
Samples: Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.)
Collection of Rents by the Mortgagee. (i) Any Rents receivable by the Mortgagee hereunder, after payment of all proper costs and charges, charges shall be applied to the Secured Obligations. The Mortgagee shall be accountable to the Mortgagor only for Rents actually received by the Mortgagee. The collection of such Rents and the application thereof shall not cure or waive any Event of Default or waive, modify or affect notice of any Event of Default or invalidate any act done pursuant to such notice.
(ii) The Mortgagor hereby irrevocably authorizes and directs the Tenant under each Lease to rely upon and comply with any and all notices or demands from the Mortgagee following the occurrence and during the continuance of an Event of Default for payment of Rents to the Mortgagee and the Mortgagor shall have no claim against Tenant for Rents paid by Tenant to the Mortgagee pursuant to such notice or demand. For the purposes of this Section 6.2, a notice from the Mortgagee to the Tenant shall be deemed to be conclusive.
Appears in 2 contracts
Samples: Indenture (Trump Indiana Inc), Indenture (Trump Indiana Inc)
Collection of Rents by the Mortgagee. (i) Any Rents receivable by the Mortgagee hereunder, after payment of all proper costs and charges, shall be applied to the Secured Obligations. The Mortgagee shall be accountable to the Mortgagor only for Rents actually received by the Mortgagee. The collection of such Rents and the application thereof shall not cure or waive any Event of Default or waive, modify or affect notice of any Event of Default or invalidate any act done pursuant to such notice.
(ii) The Mortgagor hereby irrevocably authorizes and directs the Tenant under each Lease to rely upon and comply with any and all notices or demands from the Mortgagee following the occurrence and during the continuance of an Event of Default for payment of Rents to the Mortgagee and the Mortgagor shall have no claim against Tenant for Rents paid by Tenant to the Mortgagee pursuant to such notice or demand. For the purposes of this Section 6.2, a notice from the Mortgagee to the Tenant shall be deemed to be conclusive.
Appears in 1 contract
Samples: Term Loan & Revolving Credit Mortgage (Applied Power Inc)
Collection of Rents by the Mortgagee. (i) Any Rents receivable by the Mortgagee hereunder, after payment of all reasonable and proper costs and chargesexpenses as the Mortgagee may, in its sole discretion, determine to be appropriate (including the payment of reasonable costs and expenses in connection with the maintenance, operation, improvement, insurance, taxes and upkeep of the Mortgaged Property), shall be applied to in accordance with the Secured Obligationsprovisions of Section 8.2(ii) of this Mortgage. The Mortgagee shall be accountable to the Mortgagor only for Rents actually received by the Mortgagee. The collection of such Rents and the application thereof shall not cure or waive any Event of Default or waive, modify or affect notice of any Event of Default or invalidate any act done pursuant to such notice.
(ii) The Mortgagor hereby irrevocably authorizes and directs the Tenant under each Lease to rely upon and comply with any and all notices or demands from the Mortgagee following the occurrence and during the continuance of an Event of Default for payment of Rents to the Mortgagee and the Mortgagor shall have no claim against Tenant for Rents paid by Tenant to the Mortgagee pursuant to such notice or demand. For the purposes of this Section 6.2, a notice from the Mortgagee to the Tenant shall be deemed to be conclusive.
Appears in 1 contract
Samples: Credit Agreement (Gsi Group Inc)
Collection of Rents by the Mortgagee. (i) Any Rents receivable by the Mortgagee hereunder, after payment of all reasonable and proper costs and chargesexpenses as the Mortgagee may, in its sole discretion, determine to be appropriate (including the payment of reasonable costs and expenses in connection with the maintenance, operation, improvement, insurance, taxes and upkeep of the Mortgaged Property), shall be applied to in accordance with the Secured Obligationsprovisions of Section 8.2(ii) of this Mortgage. The Mortgagee shall be accountable to the Mortgagor only for Rents actually received by the Mortgagee. The collection of such Rents and the application thereof shall not cure or waive any Event of Default or waive, modify or affect notice of any Event of Default or invalidate any act done pursuant to such notice.
(ii) The Mortgagor hereby irrevocably authorizes and directs the Tenant under each Lease to rely upon and comply with any and all notices or demands from the Mortgagee following the occurrence and during the continuance of an Event of Default for payment of Rents to the Mortgagee and the Mortgagor shall have no claim against Tenant for Rents paid by Tenant to the Mortgagee pursuant to such notice or demand. For the purposes of this Section 6.2, a notice from the Mortgagee to the Tenant shall be deemed to be conclusive.
Appears in 1 contract
Samples: Credit Agreement (Gsi Group Inc)
Collection of Rents by the Mortgagee. (i) Any Rents receivable by the Mortgagee hereunder, after payment of all proper costs and charges, shall be applied to the Secured Obligations. The Mortgagee shall be accountable to the Mortgagor only for Rents actually received by the Mortgagee. The collection of such Rents and the application thereof shall not cure or waive any Event of Default or waive, modify or affect notice of any Event of Default or invalidate any act done pursuant to such notice.
(ii) The Mortgagor hereby irrevocably authorizes and directs the Tenant under each Lease Sublease to rely upon and comply with any and all notices or demands from the Mortgagee following the occurrence and during the continuance of an Event of Default for payment of Rents to the Mortgagee and the Mortgagor shall have no claim against Tenant for Rents paid by Tenant to the Mortgagee pursuant to such notice or demand. For the purposes of this Section 6.2, a notice from the Mortgagee to the Tenant shall be deemed to be conclusive.
Appears in 1 contract