Conflict with Credit Agreement. In the event of any conflict or inconsistency between the terms and provisions of this Mortgage and the terms and provisions of the Credit Agreement, the terms and provisions of the Credit Agreement shall govern, other than with respect to the Section of this Mortgage captioned "Governing Law, etc.". By their execution of the Credit Agreement, each Lender hereby agrees that it shall not have the right to institute any suit for enforcement of Notes or any other Indebtedness secured by this Mortgage or any other Security Document, if and to the extent that the institution or prosecution thereof or the entry of judgment therein would, under applicable law, result in the surrender, impairment, waiver or loss of the Lien of this Mortgage or any other Security Document or impede or delay the enforcement of the Lien of this Mortgage or any other Security Document.
Appears in 8 contracts
Samples: Mortgage (Day International Group Inc), Mortgage, Assignment of Rent & Security Agreement (Day International Group Inc), Mortgage, Assignment of Rent & Security Agreement (Day International Group Inc)
Conflict with Credit Agreement. In the event of any conflict or inconsistency between the terms and provisions of this Mortgage Deed of Trust and the terms and provisions of the Credit Agreement, the terms and provisions of the Credit Agreement shall govern, other than with respect to the Section of this Mortgage Deed of Trust captioned "Governing Law, etc.". By their execution of the Credit Agreement, each Lender hereby agrees that it shall not have the right to institute any suit for enforcement of Notes or any other Indebtedness secured by this Mortgage Deed of Trust or any other Security Document, if and to the extent that the institution or prosecution thereof or the entry of judgment therein would, under applicable law, result in the surrender, impairment, waiver or loss of the Lien of this Mortgage Deed of Trust or any other Security Document or impede or delay the enforcement of the Lien of this Mortgage Deed of Trust or any other Security Document.
Appears in 4 contracts
Samples: Deed of Trust (Ev International Inc), Deed of Trust (Ev International Inc), Deed of Trust (Day International Group Inc)
Conflict with Credit Agreement. In the event of any conflict or inconsistency between the terms and provisions of this Mortgage and the terms and provisions of the Credit Agreement, the terms and provisions of the Credit Agreement shall govern, other than with respect to the Section 20(b) and Section 33 of this Mortgage captioned "Governing Law, etc.". By their execution of the Credit Agreement, each Lender hereby agrees that it shall not have the right to institute any suit for enforcement of Notes or any other Indebtedness secured by this Mortgage or any other Security Document, if and to the extent that the institution or prosecution thereof or the entry of judgment therein would, under applicable law, result in the surrender, impairment, waiver or loss of the Lien of this Mortgage or any other Security Document or impede or delay the enforcement of the Lien of this Mortgage or any other Security Document.
Appears in 4 contracts
Samples: Combination Mortgage, Assignment of Rents, Security Agreement and Financing Statement (Telex Communications Inc), Combination Mortgage, Assignment of Rents, Security Agreement and Financing Statement (Telex Communications Inc), Combination Mortgage, Assignment of Rents, Security Agreement and Financing Statement (Telex Communications Inc)
Conflict with Credit Agreement. In the event of any conflict or inconsistency between the terms and provisions of this Mortgage Deed of Trust and the terms and provisions of the Credit Agreement, the terms and provisions of the Credit Agreement shall govern, other than with respect to the Section section of this Mortgage Deed of Trust captioned "“Governing Law, etc."”. By their execution of the Credit Agreement, each Lender hereby agrees that it shall not have the right to institute any suit for enforcement of Notes any Note or any other Indebtedness secured by this Mortgage Deed of Trust or any other Security Document, if and to the extent that the institution or prosecution thereof or the entry of judgment therein would, under upon applicable law, result in the surrender, impairment, waiver or loss of the Lien of this Mortgage Deed of Trust or any other Security Document or impede or delay the enforcement of the Lien of this Mortgage Deed of Trust or any other Security Document.
Appears in 3 contracts
Samples: Credit Agreement (Hertz Corp), Deed of Trust (Hertz Corp), Deed of Trust (Hertz Corp)
Conflict with Credit Agreement. In the event of any conflict or inconsistency between the terms and provisions of this Mortgage and the terms and provisions of the Credit Agreement, the terms and provisions of the Credit Agreement shall govern, other than with respect to the Section section of this Mortgage captioned "“Governing Law, etc."”. By their execution of the Credit Agreement, each Lender hereby agrees that it shall not have the right to institute any suit for enforcement of Notes any Note or any other Indebtedness secured by this Mortgage or any other Security Document, if and to the extent that the institution or prosecution thereof or the entry of judgment therein would, under upon applicable law, result in the surrender, impairment, waiver or loss of the Lien of this Mortgage or any other Security Document or impede or delay the enforcement of the Lien of this Mortgage or any other Security Document.
Appears in 2 contracts
Samples: Credit Agreement (Servicemaster Co), Credit Agreement (Hertz Corp)
Conflict with Credit Agreement. In the event of any conflict or inconsistency between the terms and provisions of this Mortgage Deed of Trust and the terms and provisions of the Credit Agreement, the terms and provisions of the Credit Agreement shall govern, other than with respect to the Section of this Mortgage Deed of Trust captioned "Governing Law, etc.". By their execution of the Credit Agreement, each Lender hereby agrees that it shall not have the right to institute any suit for enforcement of Notes or any other Indebtedness secured by this Mortgage Deed of Trust or any other Security Document, if and to the extent that the institution or prosecution thereof or the entry of judgment therein would, under applicable law, result in the surrender, impairment, waiver or loss of the Lien of this Mortgage Deed of Trust or any other Security Document or impede or delay the enforcement of the Lien of this Mortgage or any other Security Document.or
Appears in 1 contract