Common use of Covenant to Pay Clause in Contracts

Covenant to Pay. If an Event of Default has occurred and is continuing and such Event of Default could reasonably be expected to materially and adversely affect Mortgagee's interest hereunder in the Mortgaged Property or result in personal injury, then Mortgagee, among its other rights and remedies, shall have the right, but not the obligation, to pay, observe or perform the same, in whole or in part, and with such modifications as Mortgagee reasonably shall deem advisable. To the extent provided in the Secured Debt Documents, all sums, including, without limitation, reasonable attorneys fees, so expended or incurred by Mortgagee by reason of the default of Mortgagor, or by reason of the bankruptcy or insolvency of Mortgagor, as well as, without limitation, sums expended or incurred to sustain the lien or estate of this Mortgage or its priority, or to protect or enforce any rights of Mortgagee hereunder, or to recover any of the Obligations, or to complete construction of the Project for which the Secured Debt Documents are intended as financing, or for repairs, maintenance, alterations, replacements or improvements thereto or for the protection thereof, or for real estate taxes or other governmental assessments or charges against any part of the Mortgaged Property, or premiums for insurance of the Mortgaged Property, shall be entitled to the benefit of the lien on the Mortgaged Property as of the date of the recording of this Mortgage, shall be deemed to be added to and be part of the Obligations secured hereby, whether or not the result thereof causes the total amount of the Obligations to exceed the stated amount set forth in the second introductory paragraph of this Mortgage, and shall be repaid by Xxxxxxxxx as provided in the Secured Debt Documents.

Appears in 2 contracts

Samples: Mortgage, Collateral Assignment of Leases and Rents, Security Agreement and Financing Statement (Calpine Corp), Mortgage, Assignment of Rents and Security Agreement (Calpine Corp)

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Covenant to Pay. If an Event of Actionable Default has occurred and is continuing and such Event of Default could reasonably be expected to materially and adversely affect Mortgagee's interest hereunder in the Mortgaged Property or result in personal injurycontinuing, then Mortgagee, among its other rights and remedies, shall have the right, but not the obligation, to pay, observe or perform the sameobligations of Mortgagor herein, in whole or in part, and with such modifications as Mortgagee reasonably shall deem advisable. To the extent provided in the Secured Debt Documents, all All sums, including, without limitation, reasonable attorneys fees', so expended or incurred by Mortgagee by reason of the default of Mortgagor, or by reason of the bankruptcy or insolvency of Mortgagor, as well as, without limitation, sums expended or incurred to sustain the lien or estate of this Mortgage or its priority, or to protect or enforce any rights of Mortgagee hereunder, or to recover any of the Secured Obligations, or to complete construction of the Project for which the Secured Debt Documents are intended as financing, or for repairs, maintenance, alterations, replacements or improvements thereto or for the protection thereof, or for real estate taxes or other governmental assessments or charges against any part of the Mortgaged Property, or premiums for insurance of the Mortgaged Property, shall be entitled to the benefit of the lien on the Mortgaged Property as of the date of the recording of this Mortgage, shall be deemed to be added to and be part of the Secured Obligations secured hereby, whether or not the result thereof causes the total amount of the Secured Obligations to exceed the stated amount set forth in the first and second introductory paragraph paragraphs of the Recitals of this Mortgage, and shall be repaid repayable by Xxxxxxxxx Mortgagor as provided in the Secured Debt Documents.

Appears in 2 contracts

Samples: Mortgage, Assignment of Rents and Leases, Fixture Filing, Financing Statement and Security Agreement (Midwest Generation LLC), Mortgage, Assignment of Rents and Leases, Fixture Filing, Financing Statement and Security Agreement (Midwest Generation LLC)

Covenant to Pay. If an Event of Default has occurred and is continuing and such Event of Default could reasonably be expected to materially and adversely affect Mortgagee's Beneficiary’s interest hereunder in the Mortgaged Property or result in personal injury, then MortgageeBeneficiary, among its other rights and remedies, shall have the right, but not the obligation, to pay, observe or perform the sameobligation that gave rise to such Event of Default, in whole or in part, and with such modifications as Mortgagee Beneficiary reasonably shall deem advisable. To the extent provided in the Secured Debt Documents, all All sums, including, without limitation, reasonable attorneys attorneys’ fees, so expended or incurred by Mortgagee Beneficiary by reason of the default an Event of MortgagorDefault of Trustor, or by reason of the bankruptcy or insolvency of MortgagorTrustor, as well asincluding, without limitation, sums expended or incurred to sustain the lien or estate of this Mortgage Deed of Trust or its priority, or to protect or enforce any rights of Mortgagee Beneficiary hereunder, or to recover any of the Secured Obligations, or to complete construction of the Project for which the Secured Debt Documents are intended as financing, or for repairs, maintenance, alterations, replacements or improvements thereto to the Mortgaged Property or for the protection thereofof the Mortgaged Property, or for real estate taxes or other governmental assessments or charges against any part of the Mortgaged Property, or premiums for insurance of the Mortgaged Property, shall be entitled to the benefit of the lien on the Mortgaged Property as of the date of the recording of this MortgageDeed of Trust, shall be deemed to be added to and be part of the Secured Obligations secured hereby, whether or not the result thereof causes the total amount of the Obligations to exceed the stated amount set forth in the second introductory paragraph of this Mortgage, and shall be repaid by Xxxxxxxxx Trustor as provided in the Secured Debt Credit Documents.

Appears in 2 contracts

Samples: Credit Agreement (Fulcrum Bioenergy Inc), Credit Agreement (Fulcrum Bioenergy Inc)

Covenant to Pay. If an Event of Default has occurred and is continuing and such Event of Default could reasonably be expected to materially and adversely affect MortgageeXxxxxxx's interest hereunder in the Mortgaged Property or result in personal injury, then MortgageeGrantee, among its other rights and remedies, shall have the right, but not the obligation, to pay, observe or perform the same, in whole or in part, and with such modifications as Mortgagee Grantee reasonably shall deem advisable. To the extent provided in the Secured Debt Documents, all sums, including, without limitation, reasonable attorneys fees, so expended or incurred by Mortgagee Grantee by reason of the default of MortgagorGrantor, or by reason of the bankruptcy or insolvency of MortgagorGrantor, as well as, without limitation, sums expended or incurred to sustain the lien or estate of this Mortgage Security Deed or its priority, or to protect or enforce any rights of Mortgagee Grantee hereunder, or to recover any of the Obligations, or to complete construction of the Project for which the Secured Debt Documents are intended as financing, or for repairs, maintenance, alterations, replacements or improvements thereto or for the protection thereof, or for real estate taxes or other governmental assessments or charges against any part of the Mortgaged Property, or premiums for insurance of the Mortgaged Property, shall be entitled to the benefit of the lien on the Mortgaged Property as of the date of the recording of this MortgageSecurity Deed, shall be deemed to be added to and be part of the Obligations secured hereby, whether or not the result thereof causes the total amount of the Obligations to exceed the stated amount set forth in the second introductory paragraph of this MortgageSecurity Deed, and shall be repaid by Xxxxxxxxx Grantor as provided in the Secured Debt Documents.

Appears in 1 contract

Samples: Deed to Secure Debt, Assignment of Rents and Security Agreement (Calpine Corp)

Covenant to Pay. If an Event of Default has occurred and is continuing and such Event of Default could reasonably be expected to materially and adversely affect Mortgagee's interest hereunder in the Mortgaged Property or result in personal injurycontinuing, then Mortgagee, among its other rights and remedies, shall have the right, but not the obligation, to pay, observe or perform the sameobligations of Mortgagor herein, in whole or in part, and with such modifications as Mortgagee reasonably shall deem advisable. To the extent provided in the Secured Debt Documents, all All sums, including, without limitation, reasonable attorneys fees, so expended or incurred by Mortgagee by reason of the default of Mortgagor, or by reason of the bankruptcy or insolvency of Mortgagor, as well as, without limitation, sums expended or incurred to sustain the lien or estate of this Mortgage or its priority, or to protect or enforce any rights of Mortgagee hereunder, or to recover any of the Guaranteed Obligations, or to complete construction of the Project for which the Secured Debt Documents are intended as financing, or for repairs, maintenance, alterations, replacements or improvements thereto or for the protection thereof, or for real estate taxes or other governmental assessments or charges against any part of the Mortgaged Property, or premiums for insurance of the Mortgaged Property, shall be entitled to the benefit of the lien on the Mortgaged Property as of the date of the recording of this Mortgage, shall be deemed to be added to and be part of the Guaranteed Obligations secured hereby, whether or not the result thereof causes the total amount of the Guaranteed Obligations to exceed the stated amount set forth in the second introductory paragraph recitals of this Mortgage, and shall be repaid guaranteed by Xxxxxxxxx Mortgagor as provided in the Secured Debt DocumentsGuarantee and Collateral Agreement.

Appears in 1 contract

Samples: Credit Agreement (Enexus Energy CORP)

Covenant to Pay. If an Event of Actionable Default has occurred and is continuing and such Event of Default could reasonably be expected to materially and adversely affect Mortgagee's interest hereunder in the Mortgaged Property or result in personal injurycontinuing, then Mortgagee, among its other rights and remedies, shall have the right, but not the obligation, to pay, observe or perform the sameobligations of Mortgagor herein, in whole or in part, and with such modifications as Mortgagee reasonably shall deem advisable. To the extent provided in the Secured Debt Documents, all All sums, including, without limitation, reasonable attorneys fees, so expended or incurred by Mortgagee by reason of the default of Mortgagor, or by reason of the bankruptcy or insolvency of Mortgagor, as well as, without limitation, sums expended or incurred to sustain the lien or estate of this Mortgage or its priority, or to protect or enforce any rights of Mortgagee hereunder, or to recover any of the Secured Obligations, or to complete construction of the Project for which the Secured Debt Documents are intended as financing, or for repairs, maintenance, alterations, replacements or improvements thereto or for the protection thereof, or for real estate taxes or other governmental assessments or charges against any part of the Mortgaged Property, or premiums for insurance of the Mortgaged Property, shall be entitled to the benefit of the lien on the Mortgaged Property as of the date of the recording of this Mortgage, shall be deemed to be added to and be part of the Secured Obligations secured hereby, whether or not the result thereof causes the total amount of the Secured Obligations to exceed the stated amount set forth in the first and second introductory paragraph paragraphs of the Recitals of this Mortgage, and shall be repaid by Xxxxxxxxx as provided in the Secured Debt Documents.

Appears in 1 contract

Samples: Multiple Indebtedness Mortgage (Cheniere Energy Inc)

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Covenant to Pay. If an Event of Default has occurred and is continuing and such Event of Default could reasonably be expected to materially and adversely affect MortgageeBeneficiary's interest hereunder in the Mortgaged Encumbered Property or result in personal injury, then MortgageeBeneficiary, among its other rights and remedies, shall have the right, but not the obligation, to pay, observe or perform the same, in whole or in part, and with such modifications as Mortgagee Beneficiary reasonably shall deem advisable. To the extent provided in the Secured Debt Documents, all sums, including, without limitation, reasonable attorneys fees, so expended or incurred by Mortgagee Beneficiary by reason of the default of MortgagorGrantor, or by reason of the bankruptcy or insolvency of MortgagorGrantor, as well as, without limitation, sums expended or incurred to sustain the lien or estate of this Mortgage Deed of Trust or its priority, or to protect or enforce any rights of Mortgagee Beneficiary hereunder, or to recover any of the Obligations, or to complete construction of the Project for which the Secured Debt Documents are intended as financing, or for repairs, maintenance, alterations, replacements or improvements thereto or for the protection thereof, or for real estate taxes or other governmental assessments or charges against any part of the Mortgaged Encumbered Property, or premiums for insurance of the Mortgaged Encumbered Property, shall be entitled to the benefit of the lien on the Mortgaged Encumbered Property as of the date of the recording of this MortgageDeed of Trust, shall be deemed to be added to and be part of the Obligations secured hereby, whether or not the result thereof causes the total amount of the Obligations to exceed the stated amount set forth in the second introductory paragraph Recital B of this MortgageDeed of Trust, and shall be repaid by Xxxxxxxxx Grantor as provided in the Secured Debt Documents.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Rents, Fixture Filing and Security Agreement (Calpine Corp)

Covenant to Pay. If an Event of Default has occurred and is continuing and such Event of Default could reasonably be expected to materially and adversely affect MortgageeBeneficiary's interest hereunder in the Mortgaged Encumbered Property or result in personal injury, then MortgageeBeneficiary, among its other rights and remedies, shall have the right, but not the obligation, to pay, observe or perform the same, in whole or in part, and with such modifications as Mortgagee Beneficiary reasonably shall deem advisable. To the extent provided in the Secured Debt Documents, all sums, including, without limitation, reasonable attorneys fees, so expended or incurred by Mortgagee Beneficiary by reason of the default of MortgagorGrantor, or by reason of the bankruptcy or insolvency of MortgagorGrantor, as well as, without limitation, sums expended or incurred to sustain the lien or estate of this Mortgage Deed of Trust or its priority, or to protect or enforce any rights of Mortgagee Beneficiary hereunder, or to recover any of the Obligations, or to complete construction of the Project for which the Secured Debt Documents are intended as financing, or for repairs, maintenance, alterations, replacements or improvements thereto or for the protection thereof, or for real estate taxes or other governmental assessments or charges against any part of the Mortgaged Encumbered Property, or premiums for insurance of the Mortgaged Encumbered Property, shall be entitled to the benefit of the lien on the Mortgaged Encumbered Property as of the date of the recording of this MortgageDeed of Trust, shall be deemed to be added to and be part of the Obligations secured hereby, whether or not the result thereof causes the total amount of the Obligations to exceed the stated amount set forth in the second introductory paragraph of this MortgageDeed of Trust, and shall be repaid by Xxxxxxxxx Grantor as provided in the Secured Debt Documents.

Appears in 1 contract

Samples: Deed of Trust (Calpine Corp)

Covenant to Pay. If an Event of Actionable Default has occurred and is continuing and such Event of Default could reasonably be expected to materially and adversely affect Mortgagee's interest hereunder in the Mortgaged Property or result in personal injurycontinuing, then Mortgagee, among its other rights and remedies, shall have the right, but not the obligation, to pay, observe or perform the sameobligations of Mortgagor herein, in whole or in part, and with such modifications as Mortgagee reasonably shall deem advisable. To the extent provided in the Secured Debt Documents, all All sums, including, without limitation, reasonable attorneys fees', so expended or incurred by Mortgagee by reason of the default of Mortgagor, or by reason of the bankruptcy or insolvency of Mortgagor, as well as, without limitation, sums expended or incurred to sustain the lien or estate of this Mortgage or its priority, or to protect or enforce any rights of Mortgagee hereunder, or to recover any of the Secured Obligations, or to complete construction of the Project for which the Secured Debt Documents are intended as financing, or for repairs, maintenance, alterations, replacements or improvements thereto or for the protection thereof, or for real estate taxes or other governmental assessments or charges against any part of the Mortgaged Property, or premiums for insurance of the Mortgaged Property, shall be entitled to the benefit of the lien on the Mortgaged Property as of the date of the recording of this Mortgage, shall be deemed to be added to and be part of the Secured Obligations secured hereby, whether or not the result thereof causes the total amount of the Secured Obligations to exceed the stated amount set forth in the first and second introductory paragraph paragraphs of the Recitals of this Mortgage, and shall be repaid repayable by Xxxxxxxxx Borrower as provided in the Secured Debt Documents.

Appears in 1 contract

Samples: Mortgage, Assignment of Rents and Leases, Fixture Filing, Financing Statement and Security Agreement (Midwest Generation LLC)

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