Concerning Mortgagee Sample Clauses
Concerning Mortgagee. (i) The Mortgagee has been appointed as trustee pursuant to the Indenture. The actions of the Mortgagee hereunder are subject to the provisions of the Indenture. 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 Indenture. 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 Indenture. 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.
(ii) The Mortgagee shall be deemed to have exercised reasonable care in the custody and preservation of the Mortgaged Property in its possession if such Mortgaged Property is accorded treatment substantially equivalent to that which the Mortgagee, in its individual capacity, accords its own property consisting of similar instruments or interests, it being understood that neither the Mortgagee nor any of the Secured Parties shall have responsibility for taking any necessary steps to preserve rights against any Person with respect to any Mortgaged Property.
(iii) The Mortgagee shall be entitled to rely upon any written notice, statement, certificate, order or other document or any telephone message 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.
(iv) If any portion of the Mortgaged Property also constitutes collateral granted to the Mortgagee under any other deed of trust, mortgage, security agreement, pledge or instrument of any type, in the event of any conflict bet...
Concerning Mortgagee. 38 SECTION 14.4 Mortgagee May Perform; Mortgagee Appointed Attorney-in-Fact............................. 38 SECTION 14.5 Expenses................................................................................ 39 SECTION 14.6 Indemnity............................................................................... 39 SECTION 14.7 Continuing Security Interest; Assignment................................................ 40 SECTION 14.8 Termination; Release.................................................................... 40 SECTION 14.9 Modification in Writing................................................................. 41 SECTION 14.10 Notices................................................................................. 41 SECTION 14.11 GOVERNING LAW; SERVICE OF PROCESS; WAIVER OF JURY TRIAL................................. 41 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.
5.10.2 Mortgagor shall recognize as the mortgagee under this instrument any party who has succeeded to the interest of Mortgagee under the Indenture.
5.10.3 If any item of Mortgaged Property also constitutes collateral granted to Mortgagee under any other mortgage, security agreement, pledge or instrument of any type, in the event of any conflict between the provisions of this Mortgage and the provisions of such other mortgage, security agreement, pledge or instrument of any type in respect of such collateral, Mortgagee, in its sole discretion, shall select which provision or provisions shall control.
5.10.4 Mortgagee may resign from the performance of all its functions and duties hereunder at any time by giving ten (10) days' prior written notice to Mortgagor. Such resignation shall take effect upon the appointment of a successor Mortgagee pursuant to the provisions of the Indenture.
5.10.5 Mortgagee has been appointed as collateral agent pursuant to the Indenture. The actions of Mortgagee hereunder are subject to the provisions of the Indenture. 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 Mortgaged Property), in accordance with this Mortgage and the Indenture.
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:
(i) Mortgagee is authorized to take all such action as is provided to be taken by it as Mortgagee hereunder and under any other Security Document and all other action incidental thereto. As to any matters not expressly provided for herein (including the timing and methods of realization upon the Mortgaged Property) Mortgagee shall act or refrain from acting in accordance with written instructions from the Required Lenders or, in the absence of such instructions, in accordance with its discretion.
(ii) 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 Mortgage 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 no duty to ascertain or inquire as to the performance or observance of any of the terms of this Mortgage by Mortgagor.
(iii) For all purposes of the Security Documents, Mortgagee will be entitled to rely on information from (1) its own records for information as to the Lenders, their Obligations and actions taken by them, (2) any Secured Party for information as to its Obligations and actions taken by it, to the extent that Mortgagee has not obtained such information from the foregoing sources, and (3) Mortgagor, to the extent that Mortgagee has not obtained information from the foregoing sources.
(b) At any time or times, in order to comply with any obligations with respect to the Mortgaged Property, Mortgagee may appoint another bank or trust company or one or more other Persons, either to act as co-agent or co-agents, jointly with Mortgagee, or to act as separate agent or agents on behalf of the Lenders with such power and authority as may be necessary for the effectual operation of the provisions hereof and may be specified in the instrument of appointment (which may, in the discretion of Mortgagee, include provisions for the protection of such co-agent or separate agent similar to the provisions of this Section 3.01).
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. 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. 5.19.1 Mortgagee shall be entitled to rely upon any written notice, statement, certificate, order or other document or any telephone message 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.
5.19.2 With respect to any of its rights and obligations as a Lender, Mortgagee shall have and may exercise the same rights and powers hereunder. The term "Lenders," "Lender" or any similar terms shall, unless the context clearly otherwise indicates, include Mortgagee in its individual capacity as a Lender. Mortgagee may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with Mortgagor or any entity related to or affiliated with Mortgagor to the same extent as if Mortgagee were not acting as administrative agent.
Concerning Mortgagee. The Mortgagee has been appointed as Collateral Agent pursuant to the Priority Intercreditor Agreement. The actions of the Mortgagee hereunder are subject to the provisions of the
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