Concerning Mortgagee. (i) The Mortgagee has been appointed as Collateral Agent pursuant to the Credit Agreement. The actions of the Mortgagee hereunder are subject to the provisions of the Credit Agreement. The Mortgagee shall have the right hereunder to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking action (including, without limitation, the release or substitution of the Mortgaged Property), in accordance with this Mortgage and the Credit Agreement. The Mortgagee may employ agents and attorneys-in-fact in connection herewith and shall not be liable for the negligence or misconduct of any such agents or attorneys-in-fact selected by it in good faith. The Mortgagee may resign and a successor Mortgagee may be appointed in the manner provided in the Credit Agreement. Upon the acceptance of any appointment as the Mortgagee by a successor Mortgagee, that successor Mortgagee shall thereupon succeed to and become vested with all the rights, powers, privileges and duties of the retiring Mortgagee under this Mortgage, and the retiring Mortgagee shall thereupon be discharged from its duties and obligations under this Mortgage. After any retiring Mortgagee’s resignation, the provisions hereof shall inure to its benefit as to any actions taken or omitted to be taken by it under this Mortgage while it was the Mortgagee.
Concerning Mortgagee. 32 SECTION 14.4 Mortgagee May Perform; Mortgagee Appointed Attorney-in-Fact ...... 33 SECTION 14.5 Expenses ......................................................... 33 SECTION 14.6 Indemnity ........................................................ 34 SECTION 14.7 Continuing Security Interest; Assignment ......................... 34 SECTION 14.8 Termination; Release ............................................. 34 SECTION 14.9 Modification in Writing .......................................... 35 SECTION 14.10 Notices .......................................................... 35 SECTION 14.11 GOVERNING LAW; SERVICE OF PROCESS; WAIVER OF JURY TRIAL .......... 35 SECTION 14.12
Concerning Mortgagee. 5.10.1 Mortgagee shall be entitled to rely upon any written notice, statement, certificate, order or other document believed by it to be genuine and correct and to have been signed, sent or made by the proper person, and, with respect to all matters pertaining to this Mortgage and its duties hereunder, upon advice of counsel selected by it.
Concerning Mortgagee. SECTION 14.4 Mortgagee May Perform; Mortgagee Appointed Attorney-in-Fact SECTION 14.5 Expenses SECTION 14.6 Indemnity SECTION 14.7 Continuing Security Interest; Assignment SECTION 14.8 Termination; Release SECTION 14.9 Modification in Writing
Concerning Mortgagee. SECTION 7.1. [Intentionally Omitted]
Concerning Mortgagee. (a) Mortgagee is authorized to take all such action as is provided to be taken by it as Mortgagee hereunder and all such other action incidental thereto subject to the terms and provisions of the Intercreditor Agreement. As to any matters not expressly provided for herein (including the timing and methods of realization upon the Mortgaged Property), Mortgagee shall, in addition, act or refrain from acting in accordance with the terms and provisions of the Intercreditor Agreement. Mortgagee shall not be responsible for the existence, genuineness or value of any of the Mortgaged Property or for the validity, perfection, priority or enforceability of the lien of this Instrument on any of the Mortgaged Property, whether impaired by operation of law or by reason of any action or omission to act on its part hereunder. Mortgagee shall have the right, but shall have no duty, to ascertain or inquire as to the performance or observance of any of the terms of this Instrument by Mortgagor.
Concerning Mortgagee. 25 SECTION 13.4. MORTGAGEE MAY PERFORM; MORTGAGEE APPOINTED ATTORNEY-IN-FACT............................................ 26 SECTION 13.5. CONTINUING SECURITY INTEREST; ASSIGNMENT.................... 26 SECTION 13.6.
Concerning Mortgagee. (a) The provisions of Article 8 of the Credit Agreement are incorporated herein by reference as if fully restated herein and shall inure to the benefit of Mortgagee in respect of this Mortgage and shall be binding upon the parties to the Credit Agreement in such respect. In furtherance and not in derogation of the rights, privileges and immunities of Mortgagee therein set forth:
Concerning Mortgagee. SECTION 7.1. [Intentionally Omitted]................................. 27 ARTICLE VIII MISCELLANEOUS SECTION 8.1. Termination; Defeasance................................. 27 SECTION 8.2. Rights Cumulative; Waivers.............................. 28 SECTION 8.3. Fees and Expenses....................................... 28 SECTION 8.4. Indemnification......................................... 28 (a) Indemnity.................................................... 28 (b) Third-Party Beneficiaries.................................... 29 SECTION 8.5. Notices................................................. 29
Concerning Mortgagee. (i) The Mortgagee has been appointed as collateral agent pursuant to the Credit Agreement. The actions of the Mortgagee hereunder are subject to the provisions of the Credit Agreement. The Mortgagee shall have the right hereunder to make demands, to give notices, to exercise or refrain from exercising any rights, and to take or refrain from taking action (including, without limitation, the release or substitution of the Mortgaged Property), in accordance with this Mortgage and the Credit
