Common use of Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets Clause in Contracts

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledges that (except with respect to and subject to the terms and conditions set forth herein concerning the Minority Borrower Interests) Lender has made the Loan to Borrower upon the security of its collective interest in the Collateral and in reliance upon the aggregate of the Collateral taken together being of greater value as collateral security than the sum of each Individual Borrower’s Collateral taken separately. Borrower agrees that the Pledge Agreement cross-collateralizes (except with respect to and subject to the terms and conditions set forth herein concerning the Minority Borrower Interests) and cross-defaulted with each other so that (i) an Event of Default constitutes an Event of Default with respect to each Individual Borrower’s pledge of Collateral under the Pledge Agreement which secures the Note; (ii) an Event of Default under the Note or this Loan Agreement shall constitute an Event of Default under the Pledge Agreement; (iii) the Pledge Agreement (except with respect to and subject to the terms and conditions set forth herein concerning the Collateral of a Minority Interest Borrower) shall constitute security for the Note as if a single blanket lien were placed on all of the Collateral as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance. No Collateral of a Minority Interest Borrower shall constitute security for the Debt or Obligations attributable to any other Individual Borrower and no Minority Interest Borrower shall be liable for the Debt or other Obligations of any other Individual Borrower.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Each Borrower Entity acknowledges that (except with respect to and subject to the terms and conditions set forth herein concerning the Minority Borrower Interests) Lender has made the Loan to Borrower upon the security of its each Borrower Entity’s collective interest in the Collateral and the Real Property and in reliance upon the aggregate of the Collateral and Real Property taken together being of greater value as collateral security than the sum of each Mortgage Loan and Individual Borrower’s Collateral Property taken separately. Borrower agrees that each of the Pledge Agreement Agreements and Mortgages are and will be cross-collateralizes (except with respect to and subject to the terms and conditions set forth herein concerning the Minority Borrower Interests) collateralized and cross-defaulted with each other so that (i) an Event of Default constitutes under any of the Pledge Agreements or Mortgages shall constitute an Event of Default with respect to under each Individual Borrower’s pledge of Collateral under the other Pledge Agreement Agreements or Mortgages which secures secure any of the NoteNote or the Guaranty of Borrower Obligations; (ii) an Event of Default under the Note or this Loan Agreement shall constitute an Event of Default under the each Pledge AgreementAgreement and Mortgage; (iii) the each Pledge Agreement (except with respect to and subject to the terms and conditions set forth herein concerning the Collateral of a Minority Interest Borrower) Mortgage shall constitute security for the Note and the Guaranty of Borrower Obligations as if a single blanket lien were placed on all of the Collateral and Real Property as security for the NoteNote and the Guaranty of Borrower Obligations; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance. No Collateral of a Minority Interest Borrower shall constitute security for the Debt or Obligations attributable to any other Individual Borrower and no Minority Interest Borrower shall be liable for the Debt or other Obligations of any other Individual Borrower.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower Each of the Obligors and the Holding Company acknowledges that (except with respect to and subject to the terms and conditions set forth herein concerning Lenders have made the Minority Borrower Interests) Lender has made applicable portion of the Loan to the Borrower upon the security of the Sites, the Contracts and the Other Company Collateral of the Borrower and its collective interest in the Collateral Obligors and Holding Company and in reliance upon the aggregate value of the Sites, the Contracts and the Other Company Collateral of the Borrower and the Obligors and the Capital Stock of Borrower pledged by its Holding Company taken together being of greater value as collateral security than the sum of each Individual such Site, such Contracts and the Borrower’s Collateral and its Obligors’ in the Other Company Collateral, and Holding Company’s interest in the Capital Stock of Borrower, taken separately. Each of the related Obligors of the Borrower agrees that the Pledge Agreement cross-collateralizes (except Mortgages and other security agreements given hereunder with respect to the Borrower’s Obligations are and subject to the terms and conditions set forth herein concerning the Minority Borrower Interests) will be cross-collateralized and cross-defaulted with each other so that (i) an Event of Default constitutes an Event of Default with respect to each Individual Borrower’s pledge of Collateral under the Pledge Agreement which secures the Note; (ii) an Event of Default under the Note or this Loan Agreement Borrower hereunder shall constitute an Event of Default under each of the Pledge AgreementMortgages and the other security agreements related to the Borrower and its other Obligors given hereunder which secure the applicable portion of the Note related to the Borrower; (iiiii) the Pledge Agreement (except with respect to and subject to any limitations contained therein, each Mortgage and the terms and conditions set forth herein concerning the Collateral of a Minority Interest Borrower) other security agreements given hereunder shall constitute security for the applicable portion of the Note related to the Borrower as if a single blanket lien were placed on all of the Sites, the Contracts, and the Other Company Collateral of the Borrower as security for the Noteapplicable portion of the Note related to the Borrower; and (iviii) such cross-collateralization of the Borrower and its related Obligors shall in no event be deemed to constitute a fraudulent conveyance. No Collateral of a Minority Interest Borrower shall constitute security for the Debt or Obligations attributable to any other Individual Borrower and no Minority Interest Borrower shall be liable for the Debt or other Obligations of any other Individual Borrower.

Cross-Default; Cross-Collateralization; Waiver of Marshalling of Assets. (a) Borrower acknowledges and Baltimore Owner acknowledge that (except with respect to and subject to the terms and conditions set forth herein concerning the Minority Borrower InterestsInterest Properties) Lender has made the Loan to Borrower and Baltimore Owner upon the security of its collective interest in the Collateral Properties and in reliance upon the aggregate of the Collateral Properties taken together being of greater value as collateral security than the sum of each Individual Borrower’s Collateral Property taken separately. Borrower agrees and Baltimore Owner agree that the Pledge Agreement Mortgages are and will be cross-collateralizes collateralized (except with respect to and subject to the terms and conditions set forth herein concerning the Minority Borrower InterestsInterest Properties) and cross-defaulted with each other so that (i) an Event of Default constitutes under any of the Mortgages shall constitute an Event of Default with respect to under each Individual Borrower’s pledge of Collateral under the Pledge Agreement other Mortgages which secures secure the Note; (ii) an Event of Default under the Note or this Loan Agreement shall constitute an Event of Default under the Pledge Agreementeach Mortgage; (iii) the Pledge Agreement each Mortgage (except with respect to and subject to the terms and conditions set forth herein concerning the Collateral of a Minority Interest BorrowerProperties) shall constitute security for the Note as if a single blanket lien were placed on all of the Collateral Properties as security for the Note; and (iv) such cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance. No Collateral of a Minority Interest Borrower Property shall constitute security for the Debt or Obligations attributable to any other Property and no Individual Borrower and no of a Minority Interest Borrower Property shall be liable for the Debt or other Obligations of any other Individual Borrower.