Effect of Instrument. This Lease and that certain Asset Purchase Agreement dated as of July 2, 2008, between Cellu Tissue Holdings, Inc. and Atlantic Paper & Foil Corp. of N.Y., Atlantic Lakeside Properties, LLC, Atlantic Paper & Foil, LLC, Atlantic Paper & Foil of Georgia, LLC and Consumer Licensing Corporation (the “Asset Purchase Agreement”) sets forth the entire understanding of the parties relating to the subject matter hereof. The Landlord and the Tenant each acknowledges and agrees that the terms and provisions of this Lease are in addition to, and are not intended to, and do not, in any way waive, modify, limit, or replace, any of the terms, provisions, rights, or remedies contained in the Asset Purchase Agreement or any document or instrument executed and delivered in connection with the Asset Purchase Agreement or the transaction contemplated therein. Cellu Tissue Holdings, Inc. has executed a Note payable to Atlantic Paper & Foil Corp. of N.Y. in accordance with the Asset Purchase Agreement referred to above and in the event Cellu Tissue defaults under the terms of said Note, said default shall be deemed a default under the terms of this Lease.
Effect of Instrument. This instrument shall be deemed and construed to be, and may be enforced as, an assignment, chattel mortgage or security agreement, common law pledge, contract, deed of trust, fixture filing, financing statement, real estate mortgage, and as any one or more of them if appropriate under the UCC or other applicable state law. This instrument shall be effective as a fixture filing with respect to the Trustor as the debtor. This instrument shall be effective as a financing statement covering minerals, As-Extracted Collateral or the like and accounts subject to the UCC as enacted in the appropriate jurisdiction and is to be filed for record in the Office of the County Clerk or other appropriate office of each county where any part of the Collateral is situated. A carbon, photographic, or other reproduction of this Deed of Trust or of any financing statement relating to this Deed of Trust shall be sufficient as a financing statement.
Effect of Instrument. This instrument shall be deemed and construed to be, and may be enforced as, an assignment, chattel mortgage or security agreement, common law pledge, contract, deed of trust, financing statement, and as any one or more of them if appropriate under applicable state law. This instrument shall be effective as a financing statement covering minerals, As-Extracted Collateral or the like and accounts subject to Article 9 of the UCC as enacted in the appropriate jurisdiction and is to be filed for record in the Office of the County Recorder or other appropriate office of each county where any part of the Collateral is situated. A carbon, photographic, or other reproduction of this Deed of Trust or of any financing statement relating to this Deed of Trust shall be sufficient as a financing statement.
Effect of Instrument. This instrument shall be deemed and construed to be, and may be enforced as, an assignment, chattel mortgage or security agreement, contract, deed of trust, financing statement, financing statement filed as a fixture filing, and real estate mortgage, and as any one or more of them if appropriate under applicable state law. This instrument shall be effective as a financing statement filed as a fixture filing with respect to all Fixture Collateral and is to be filed for record in the Office of the County Clerk or other appropriate office of each county where any part of the Collateral, including Fixture Collateral, is situated. This instrument shall also be effective as a financing statement covering minerals or the like (including oil and gas) and accounts subject to Section 9-103(5) (or corresponding provision) of the Uniform Commercial Code as enacted in the appropriate jurisdiction and is to be filed for record in the Office of the County Clerk or other appropriate office of each county where any part of the collateral is situated. A carbon, photographic, or other reproduction of this Mortgage or of any financing statement relating to this Mortgage shall be sufficient as a financing statement.
Effect of Instrument. This instrument shall be deemed and construed to be, and may be enforced as, an assignment, chattel mortgage or security agreement, common law pledge, contract, deed of trust, financing statement, real estate mortgage, and as any one or more of them if appropriate under applicable state law. This instrument shall be effective as a financing statement covering minerals, As-Extracted Collateral or the like and accounts subject to Article 9 of the Uniform Commercial Code as enacted in the appropriate jurisdiction and is to be filed for record in the Office of the County Clerk or other appropriate office of each county where any part of the Collateral is situated. A carbon, photographic, or other reproduction of this Deed of Trust or of any financing statement relating to this Deed of Trust shall be sufficient as a financing statement.
Effect of Instrument. It is expressly understood and agreed that this instrument contains the entire agreement between the parties hereto and that all covenants, agreements and conditions herein shall be binding upon and may be legally enforced by the said parties, their successors and assigns, respectively.
Effect of Instrument. Except for the Assumed Liabilities expressly assumed by Buyer under the terms of Section 4 above, Buyer is not assuming nor shall in any way be liable, directly or indirectly, for any other obligation or liability of, or any litigation or claim against, Seller of any nature whatsoever. Buyer and Seller acknowledge that this instrument is intended solely to restate, and not in any manner to modify, amend, enlarge, or limit the liabilities and obligations being assumed by Buyer under the terms of the Purchase Agreement.
Effect of Instrument. Every agreement, covenant, promise, undertaking, condition, easement, right, privilege, option and restriction made, granted or assumed, as the case may be, by either party to this Agreement is made by such party not only personally but for the benefit of the other party hereto but also as Owner of the respective Parcel and shall constitute equitable servitude on the Parcel owned by such party appurtenant to and for the benefit of the other. Any transferee of any part of either Parcel shall automatically be deemed, by acceptance of the title to have assumed all obligations of this Agreement relating thereto to the extent of its interest in its Parcel and to have agreed with the then Owner or Owners of all other Parcels to execute any and all instruments and to do any and all things reasonably required to carry out the intention of this Agreement, and the transferor shall upon the completion of such transfer be relieved of all further liability under this Agreement except liability with respect to matter that may have arisen during its period of ownership of the portion of the Parcels so conveyed that remain unsatisfied.
Effect of Instrument. This instrument shall be deemed and -------------------- construed to be, and may be enforced as, an assignment, chattel mortgage or security agreement, common law pledge, contract, deed of trust, financing statement, real estate mortgage, and as any one or more of them if appropriate under applicable state law. This instrument shall be effective as a financing statement covering minerals or the like and accounts subject to Section in the appropriate jurisdiction and is to be filed for record in the Office of the County Clerk or other appropriate office of each county where any part of the collateral is situated. A carbon, photographic, or other reproduction of this Mortgage or of any financing statement relating to this Mortgage shall be sufficient as a financing statement.
Effect of Instrument. This Mortgage shall be deemed and construed to be, and may be enforced as, an assignment of production, a collateral assignment, chattel mortgage or security agreement, contract, deed of trust, financing statement, financing statement filed as a fixture filing, and real estate mortgage, and as any one or more of them if appropriate under applicable state law. This Mortgage shall also be effective as a financing statement covering “as extracted collateral” (as defined in the Code) to be financed at the wellhead or minehead. Mortgagor and Lender hereby agree that any amendment of this Mortgage hereafter filed in the real estate records of any counties in which the Oil and Gas Property is situated shall constitute a continuation of the financing statement covering “as-extracted collateral.” This Mortgage is to be filed in the real estate records of the appropriate jurisdictions and in such other records as Lender may decide.
