Common use of Continuing Lien Clause in Contracts

Continuing Lien. In addition to the “Obligations” (as defined in the Deed of Trust), the indebtedness and performance of obligations secured by the liens and security interests granted in the Loan Documents include all indebtedness and all obligations of whatever kind or character, whether now owing, hereafter arising or hereafter to be performed in connection with the construction of the Improvements, whether fixed or contingent, and including, without limitation: (i) those described in Sections 13.12 and 13.20 hereof, (ii) all indebtedness and obligations arising under any agreements (“Assurance Agreements”) between Borrower or Lender and the Governmental Authority having jurisdiction over any of the Project to assure the Governmental Authority that the Improvements will be constructed in accordance with the Plans and Specifications and to the satisfaction of any Governmental Authority, and/or (iii) all indebtedness and obligations arising under any set aside letter or letters issued by Lender with respect to the amount of the Loan available for certain construction costs of the Improvements, (collectively “Additional Obligations”). If, at the time the balance of the Loan is fully paid (“Pay–Off Date”), any of the Additional Obligations remain to be paid or are subject to performance by Borrower, Lender or Lender’s affiliates, Lender shall not, notwithstanding anything contained to the contrary in any of the Loan Instruments, be obligated to release that portion of a Project remaining subject to the Deed of Trust given in connection with the Loan made for said Project (“Remaining Property”) as of the Pay–Off Date and the Remaining Property shall continue to secure the payment and performance of the Additional Obligations then remaining subject to the Deed of Trust as of the Pay–Off Date.

Continuing Lien. In addition to the “Obligations” (as defined in Indebtedness and the Deed of Trust)Obligations under the Master Line, the indebtedness and performance of obligations secured by the liens and security interests granted in the Loan Documents include all indebtedness and all obligations of whatever kind or charactercharacter arising under the Master Line and/or the Loan Documents, whether now owing, hereafter arising or hereafter to be performed in connection with the construction of the Improvements, whether fixed or contingent, and including, without limitation: (i) those described in Sections 13.12 9.11 and 13.20 9.19 hereof, (ii) all indebtedness and obligations arising under any agreements (“"Assurance Agreements”") between Borrower or Lender Agent and the Governmental Authority having jurisdiction over any of the Project to assure the Governmental Authority that the Improvements will be constructed in accordance with the Plans and Specifications and to the satisfaction of any Governmental Authority, and/or (iii) all indebtedness and obligations arising under any set aside letter or letters issued by Lender Lenders with respect to the amount of the Loan Master Line available for certain construction costs of the Improvements, and/or (iv) any letters of credit issued on Borrower's behalf by Lenders and/or their Affiliates (collectively “"Additional Obligations”"). If, at the time the balance of outstanding Advances under the Loan Master Line is fully paid paid, the Commitments are terminated and any outstanding Letters of Credit have been terminated or fully cash collateralized as provided herein (“"Pay–Off Date”"), any of the Additional Obligations (other than any such obligations for which no claim has been made) remain to be paid or are subject to performance by Borrower, Lender Lenders or Lender’s affiliatesLenders' Affiliates, Lender Lenders shall not, notwithstanding anything contained to the contrary in any of the Loan InstrumentsDocuments, be obligated to release that portion of a Project remaining subject to the Deed of Trust given in connection with the Loan Master Line made for said Project (“"Remaining Property”") as of the Pay–Off Date and the Remaining Property shall continue to secure the payment and performance of the Additional Obligations then remaining subject to the Deed of Trust as of the Pay–Off Date.

Continuing Lien. In addition to the “Obligations” (as defined in the Deed of Trust), the indebtedness and performance of obligations secured by the a) The liens and security interests granted in the Loan Documents include Instruments secure all indebtedness and all obligations of Borrower owed to Agent and Term Lenders in connection with the Property, the Facility, the Loan Instruments and the transactions contemplated herein and therein, of whatever kind or character, whether now owing, hereafter arising or hereafter to be performed (collectively, the "Loan Obligations"). (b) The liens and security interest granted in connection with the construction of the Improvements, whether fixed or contingent, and including, without limitation: (i) those described in Sections 13.12 and 13.20 hereof, (ii) Loan Instruments also secure all indebtedness and all obligations of Borrower, Agent and/or Term Lenders arising under any agreements (“Assurance Agreements”) among or between Borrower Borrower, Agent and/or Term Lenders and any third-party, or Lender and the any Governmental Authority having jurisdiction over any of the Project to assure Property or the Governmental Authority that the Improvements will be constructed Facility, in accordance connection with the Plans and Specifications and to Property, the satisfaction of any Governmental AuthorityFacility, and/or (iii) all indebtedness and obligations arising under any set aside letter or letters issued by Lender with respect to the amount of the Loan available for certain construction costs Instruments and the transactions contemplated herein and therein, of the Improvementswhatever kind or character, (collectively “Additional Obligations”). Ifwhether now owing, at the time the balance of the Loan is fully paid (“Pay–Off Date”), any of the Additional Obligations remain hereafter arising or hereafter to be paid or are subject to performance by Borrowerperformed (collectively, Lender or Lender’s affiliates, Lender shall not, notwithstanding the "Assurance Obligations"). (c) Notwithstanding anything contained to the contrary in any of the Loan Instruments, if at the time the principal balance of the Term Loan is fully paid and no Letters of Credit are outstanding (the "Pay-off Date") any of the Loan Obligations or Assurance Obligations remains to be paid or performed, Agent and Term Lenders, subject to paragraph (d) below, shall not be obligated to release that portion of a Project any collateral remaining subject to the Deed of Trust given in connection with the Loan made for said Project (“Remaining Property”) as of the Pay–Off Date Security Documents, and the Remaining Property such collateral shall continue to secure the payment and performance of the Additional Loan Obligations then and Assurance Obligations remaining subject to the Deed of Trust as of the Pay–Off -off Date. (d) Agent shall provide to Borrower, within thirty (30) Banking Days of the Pay-off Date, a list of the Loan Obligations and Assurance Obligations remaining as of such date, and of the collateral that Agent intends to retain as security for the payment and performance of such obligations. Borrower may, at any time thereafter, request release of such collateral and the substitution thereof with other collateral (the "Other Collateral"). Agent shall timely accept such substitution provided the Other Collateral is acceptable, in value and quality, in the reasonable judgment of Agent.

Continuing Lien. In addition to the “Obligations” (as defined in Indebtedness and the Deed of Trust)Obligations under each and every Loan, the indebtedness and performance of obligations secured by the liens and security interests granted in the Loan Documents include all indebtedness and all obligations of whatever kind or character, whether now owing, hereafter arising or hereafter to be performed in connection with the construction of the ImprovementsHome, whether fixed or contingent, and including, without limitation: (i) those described in Sections 13.12 10.9 and 13.20 10.16 hereof, (ii) all indebtedness and obligations arising under any agreements (“Assurance Agreements”) between Borrower or Lender and the Governmental Authority having have jurisdiction over any of the Project Property to assure the Governmental Authority that the Improvements Home will be constructed in accordance with the Plans and Specifications and to the satisfaction of any Governmental Authority, and/or (iii) all indebtedness and obligations arising under any set aside letter or letters issued by Lender with respect to the amount of the Loan available for certain construction costs of the ImprovementsHome, and/or (iv) any letters of credit issued on Borrower’s behalf by Lender and/or its affiliates (collectively “Additional Obligations”). If, at the time the balance of the Loan is fully paid (“Pay–Off Date”)paid, any of the Additional Obligations remain to be paid or are subject to performance by Borrower, Lender or Lender’s affiliates, Lender shall not, notwithstanding anything contained to the contrary in any of the Loan Instruments, be obligated to release that portion of a Project any Property remaining subject to the Deed of Trust given in connection with the Loan made for said Project Property (“Remaining Property”) as of the Pay–-Off Date and the Remaining Property shall continue to secure the payment and performance of the Additional Obligations then remaining subject to the Deed of Trust as of the Pay–-Off Date.