Common use of Execution of Additional Documents Clause in Contracts

Execution of Additional Documents. Borrower shall do, make, execute, acknowledge, witness and deliver all deeds, conveyances, mortgages, deeds of trust, assignments, estoppel certificates, subordination non-disturbance and attornments, notices of assignments, transfers, assurances, security agreements, financing statements and renewals thereof, and all other instruments or other acts necessary, as Lender shall from time to time reasonably require for the purpose of better assuring, conveying, assigning, transferring, securing and confirming unto Lender the Property and rights hereby encumbered, created, conveyed, assigned or intended now or hereafter so to be encumbered, created, conveyed or assigned, or which Borrower may now be or may hereafter become bound to encumber, create, convey or assign to Lender, or for the purpose of carrying out the intention or facilitating the performance of the terms of this Mortgage, or for filing, registering or recording this Mortgage, and to pay all filing, registration or recording fees and all taxes, costs and other expenses, including Reasonable Attorneys' Fees, incident to the preparation, execution, acknowledgment, delivery and recordation of any of the same; provided, however, that no such further assurance increases Borrower’s obligations or liabilities under the Loan Documents or decreases Borrower’s rights under the Loan Documents. By signing this Mortgage, Borrower authorizes Lender to file such financing statements, with or without the signature of Borrower, as Lender may elect, as may be necessary or desirable to perfect the lien of Lender's security interest in the Fixtures and Personal Property. Without limiting any other provision herein, Borrower hereby authorizes Lender to file one or more financing statements and any renewal or continuation statements thereof, describing the Property and the proceeds of the Property, including, without limitation, a financing statement covering "all assets of Borrower all proceeds therefrom, and all rights and privileges with respect thereto." Borrower further authorizes Lender to file, with or without any additional signature from Borrower, as Lender may elect, such amendments and continuation statements as Lender may deem necessary or desirable from time to time to perfect or continue the lien of Lender's security interest in the Fixtures and Personal Property. Borrower hereby ratifies any financing statements that may have been filed by Lender in advance of the date hereof to perfect Lender's security interest in the Fixtures and Personal Property.

Appears in 2 contracts

Samples: Open End Mortgage and Security Agreement (Hines Global Reit Ii, Inc.), Open End Mortgage and Security Agreement (Hines Global Reit Ii, Inc.)

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Execution of Additional Documents. Borrower shall do, make, execute, acknowledge, witness The Collateral Agent is hereby directed and authorized to execute and deliver all deedseach of the following documents (collectively, conveyancesthe "ADDITIONAL DOCUMENTS"): each Guarantee, mortgagesthe Subordination Agreement, deeds of trustthe Security Agreement, assignmentsthe Intercreditor Agreement, estoppel certificates, subordination non-disturbance the other Collateral Documents and attornments, notices of assignments, transfers, assurances, security any subsequent joinder agreements, financing statements amendments, modifications or supplements to any of the foregoing. Each of the Exchanging Holders hereby consents to and renewals thereofaccepts the terms of each of the Additional Documents and the execution and delivery thereof by the Collateral Agent. Whether or not so stated therein, in entering into any such Additional Documents, and all in performing or observing any of the terms of any such Additional Documents, and otherwise in respect of any matter arising under or in respect of any such Additional Documents, the -34 Collateral Agent shall enjoy and shall be protected by each of the rights, immunities, indemnities and other instruments protections set forth in this Agreement; and any obligations, duties or other acts necessary, as Lender shall from time liabilities to time reasonably require for which the purpose of better assuring, conveying, assigning, transferring, securing and confirming unto Lender the Property and rights hereby encumbered, created, conveyed, assigned or intended now or hereafter so to be encumbered, created, conveyed or assigned, or which Borrower Collateral Agent may now be or may hereafter become bound subject under or in respect of any such Additional Documents shall be subject to encumberand limited by the terms of this Agreement (including, createwithout limitation, convey or assign the terms of this Section 12). In no event shall the Collateral Agent have any liability under any such Additional Documents that it would not have, nor shall the Collateral Agent be obligated to Lendertake any action thereunder that it would not be required to take, or for under the purpose terms of carrying out this Agreement. It is hereby expressly acknowledged that the intention or facilitating the performance Collateral Agent has not evaluated nor negotiated any of the terms of this MortgageAgreement or any such Additional Documents on behalf of the Exchanging Holders, has not performed any investigation of otherwise advised the Exchanging Holders in respect of this Agreement or any such Additional Documents and has no responsibility for terms of this Agreement or any such Additional Documents, or for filingthe sufficiency or validity hereof or thereof. The Collateral Agent is further authorized and directed to execute, registering or recording this Mortgage, and to pay all filing, registration or recording fees and all taxes, costs and other expenses, including Reasonable Attorneys' Fees, incident to upon the preparation, execution, acknowledgment, delivery and recordation of any of the same; provided, however, that no such further assurance increases Borrower’s obligations or liabilities under the Loan Documents or decreases Borrower’s rights under the Loan Documents. By signing this Mortgage, Borrower authorizes Lender to file such financing statements, with or without the signature request of Borrower, such amendments to the Collateral Documents and such other instruments including, but not limited to, intercreditor agreements in such form as Lender may electbe reasonably requested by the Borrower, as may be necessary or desirable to perfect secure, on a pari passu basis (as to seniority and priority) with the lien of Lender's security interest interests granted to new Holders in connection with this Agreement, the Fixtures and Personal Property. Without limiting any other provision herein, Borrower hereby authorizes Lender to file one or more financing statements and any renewal or continuation statements thereof, describing the Property and the proceeds obligations of the Property, including, without limitation, a financing statement covering "all assets of Borrower all proceeds therefrom, and all rights and privileges with respect thereto." Borrower further authorizes Lender to file, with or without any additional signature from Borrower, as Lender may elect, such amendments and continuation statements as Lender may deem necessary or desirable from time in respect of new securities issued by the Company pursuant to time to perfect or continue the lien of Lender's security interest in the Fixtures and Personal Property. Borrower hereby ratifies any financing statements that may have been filed exchange transactions not prohibited by Lender in advance of the date hereof to perfect Lender's security interest in the Fixtures and Personal PropertySection 9.4.

Appears in 1 contract

Samples: Securities Exchange Agreement (Ibasis Inc)

Execution of Additional Documents. Borrower shall do, make, execute, acknowledge, witness and deliver all deeds, conveyances, mortgages, deeds of trust, assignments, estoppel certificates, subordination non-disturbance and attornments, notices of assignments, transfers, assurances, security agreements, financing statements and renewals thereof, and all other instruments or other acts necessary, as Lender shall from time to time reasonably require for the purpose of better assuring, conveying, assigning, transferring, securing and confirming unto Lender the Property and rights hereby encumbered, created, conveyed, assigned or intended now or hereafter so to be encumbered, created, conveyed or assigned, or which Borrower may now be or may hereafter become bound to encumber, create, convey or assign to Lender, or for the purpose of carrying out the intention or facilitating the performance of the terms of this Mortgage, or for filing, registering or recording this Mortgage, and to pay all filing, registration or recording fees and all taxes, costs and other expenses, including Reasonable Attorneys' Fees, incident to the preparation, execution, acknowledgment, delivery and recordation of any of the same; provided, however, that no such further assurance increases Borrower’s obligations or liabilities under the Loan Documents or decreases Borrower’s rights under the Loan Documents. By signing this Mortgage, Borrower authorizes Lender to file such financing statements, with or without the signature of Borrower, as Lender may elect, as may be necessary or desirable to perfect the lien of Lender's ’s security interest in the Fixtures and Personal Property. Without limiting any other provision herein, Borrower hereby authorizes Lender to file one or more financing statements and any renewal or continuation statements thereof, describing the Property and the proceeds of the Property, including, without limitation,, a financing statement covering "all assets of Borrower all proceeds therefrom, and all rights and privileges with respect thereto." ”. Borrower further authorizes Lender to file, with or without any additional signature from Borrower, as Lender may elect, such amendments and continuation statements as Lender may deem necessary or desirable from time to time to perfect or continue the lien of Lender's ’s security interest in the Fixtures and Personal Property. Borrower hereby ratifies any financing statements that may have been filed by Lender in advance of the date hereof to perfect Lender's ’s security interest in the Fixtures and Personal Property.

Appears in 1 contract

Samples: Assumption and Ratification of Mortgage and Security Agreement (Inland American Real Estate Trust, Inc.)

Execution of Additional Documents. Borrower shall To do, make, execute, acknowledge, witness acknowledge and deliver all deeds, conveyances, mortgages, deeds of trust, assignments, estoppel certificates, subordination non-disturbance and attornments, notices of assignments, transfers, assurances, security agreements, financing statements and renewals thereof, and all other instruments or other acts necessary, as Lender shall from time to time reasonably require for the purpose of better assuring, conveying, assigning, transferring, securing and confirming unto Lender the Property and rights hereby encumbered, created, conveyed, assigned or intended now or hereafter so to be encumbered, created, conveyed or assigned, assigned or which Borrower may now be or may hereafter become bound to encumber, create, convey convey, or assign to Lender, or for the purpose of carrying out the intention or facilitating the performance of the terms of this Mortgage, or for filing, registering or recording this Mortgage, and to pay all filing, registration or recording fees and all taxes, costs and other expenses, including Reasonable Attorneys' FeesFees (as defined in Paragraph 40), incident to the preparation, execution, acknowledgment, delivery and recordation of any of the same; provided, however, that no such further assurance increases Borrower’s obligations or liabilities under the Loan Documents or decreases Borrower’s rights under the Loan Documents. By signing this Mortgage, Borrower authorizes Lender to file such financing statements, with or without the signature of Borrower, as Lender may elect, as may be necessary or desirable to perfect the lien of Lender's security interest in the Fixtures and Personal Property. Without limiting any other provision herein, Borrower hereby authorizes Lender to file one or more financing statements and any renewal or continuation statements thereof, describing the Property and the proceeds of the Property, including, without limitation, a financing statement covering "all assets of Borrower all proceeds therefrom, and all rights and privileges with respect thereto." Borrower further authorizes Lender to file, with or without any additional signature from Borrower, as Lender may elect, such amendments and continuation statements as Lender may deem necessary or desirable from time to time to perfect or continue the lien of Lender's security interest in the Fixtures and Personal Property. Borrower hereby expressly ratifies any financing statements that may have been filed by Lender in advance of the date hereof to perfect Lender's security interest in the Fixtures and Personal Property.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Ramco Gershenson Properties Trust)

Execution of Additional Documents. Borrower shall do, make, execute, acknowledge, witness and deliver all deeds, conveyances, mortgages, deeds of trust, assignments, estoppel certificates, subordination non-disturbance and attornments, notices of assignments, transfers, assurances, security agreements, financing statements and renewals thereof, and all other instruments or other acts necessary, as Lender shall from time to time reasonably require for the purpose of better assuring, conveying, assigning, transferring, securing and confirming unto Lender the Property and rights hereby encumbered, created, conveyed, assigned or intended now or hereafter so to be encumbered, created, conveyed or assigned, or which Borrower may now be or may hereafter become bound to encumber, create, convey or assign to Lender, or for the purpose of carrying out the intention or facilitating the performance of the terms of this Mortgage, or for filing, registering or recording this Mortgage, and to pay all filing, registration or recording fees and all taxes, costs and other expenses, including Reasonable Attorneys' Fees, incident to the preparation, execution, acknowledgment, delivery and recordation of any of the same; provided, however, that no such further assurance increases Borrower’s obligations or liabilities under the Loan Documents or decreases Borrower’s rights under the Loan Documents. By signing this Mortgage, Borrower authorizes Lender to file such financing statements, with or without the signature of Borrower, as Lender may elect, as may be necessary or desirable to perfect the lien of Lender's ’s security interest in the Fixtures and Personal Property. Without limiting any other provision herein, Borrower hereby authorizes Lender to file one or more financing statements and any renewal or continuation statements thereof, describing the Property and the proceeds of the Property, including, without limitation, a financing statement covering "all assets of Borrower all proceeds therefrom, and all rights and privileges with respect thereto." ”. Borrower further authorizes Lender to file, with or without any additional signature from Borrower, as Lender may elect, such amendments and continuation statements as Lender may deem necessary or desirable from time to time to perfect or continue the lien of Lender's ’s security interest in the Fixtures and Personal Property. Borrower hereby ratifies any financing statements that may have been filed by Lender in advance of the date hereof to perfect Lender's ’s security interest in the Fixtures and Personal Property.

Appears in 1 contract

Samples: Mortgage Modification and Amended and Restated Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc)

Execution of Additional Documents. Borrower shall do, make, execute, acknowledge, witness and deliver all deeds, conveyances, mortgages, deeds of trust, assignments, estoppel certificates, subordination non-disturbance and attornments, notices of assignments, transfers, assurances, security agreements, financing statements and renewals thereof, and all other instruments or other acts necessary, as Lender shall from time to time reasonably require for the purpose of better assuring, conveying, assigning, transferring, securing and confirming unto Lender the Property and rights hereby encumbered, created, conveyed, assigned or intended now or hereafter so to be encumbered, created, conveyed or assigned, or which Borrower may now be or may hereafter become bound to encumber, create, convey or assign to Lender, or for the purpose of carrying out the intention or facilitating the performance of the terms of this Mortgage, or for filing, registering or recording this Mortgage, and to pay all filing, registration or recording fees and all taxes, costs and other expenses, including Reasonable Attorneys' Fees, incident to the preparation, execution, acknowledgment, delivery and recordation of any of the same; provided, however, that no such further assurance increases Borrower’s obligations or liabilities under the Loan Documents or decreases Borrower’s rights under the Loan Documents. By signing this Mortgage, Borrower authorizes Lender to file such financing statements, with or without the signature of Borrower, as Lender may elect, as may be necessary or desirable to perfect the lien of Lender's security interest in the Fixtures and Personal Property. Without limiting any other Omaha, Nebraska provision herein, Borrower hereby authorizes Lender to file one or more financing statements and any renewal or continuation statements thereof, describing the Property and the proceeds of the Property, including, without limitation, a financing statement covering "all assets of Borrower all proceeds therefrom, and all rights and privileges with respect thereto." Borrower further authorizes Lender to file, with or without any additional signature from Borrower, as Lender may elect, such amendments and continuation statements as Lender may deem necessary or desirable from time to time to perfect or continue the lien of Lender's security interest in the Fixtures and Personal Property. Borrower hereby ratifies any financing statements that may have been filed by Lender in advance of the date hereof to perfect Lender's security interest in the Fixtures and Personal Property.

Appears in 1 contract

Samples: Deed of Trust and Security Agreement (Agree Realty Corp)

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Execution of Additional Documents. Borrower shall do, make, execute, acknowledge, witness and deliver all deeds, conveyances, mortgages, deeds of trust, assignments, estoppel certificates, subordination non-disturbance and attornments, notices of assignments, transfers, assurances, security agreements, financing statements and renewals thereof, and all other instruments or other acts necessary, as Lender shall from time to time reasonably require for the purpose of better assuring, conveying, assigning, transferring, securing and confirming unto Lender the Property and rights hereby encumbered, created, conveyed, assigned or intended now or hereafter so to be encumbered, created, conveyed or assigned, or which Borrower may now be or may hereafter become bound to encumber, create, convey or assign to Lender, or for the purpose of carrying out the intention or facilitating the performance of the terms of this Mortgage, or for filing, registering or recording this Mortgage, and to pay all filing, registration or recording fees and all taxes, costs and other expenses, including Reasonable Attorneys' Fees, incident to the preparation, execution, acknowledgment, delivery and recordation of any of the same; provided, however, that no such further assurance increases Borrower’s obligations or liabilities under the Loan Documents or decreases Borrower’s rights under the Loan Documents. By signing this Mortgage, Borrower authorizes Lender to file such financing statements, with or without the signature of Borrower, as Lender may elect, as may be necessary or desirable to perfect the lien of Lender's security interest in the Fixtures and Personal Property. Without limiting any other provision herein, Borrower hereby authorizes Lender to file one or more financing statements and any renewal or continuation statements thereof, describing the Property and the proceeds of the Property, including, without limitation, a financing statement covering "all assets of Borrower all proceeds therefrom, and all rights and privileges with respect thereto." Borrower further authorizes Lender to file, with or without any additional signature from Borrower, as Lender may elect, such amendments and continuation statements as Lender may deem Oklahoma City, Oklahoma necessary or desirable from time to time to perfect or continue the lien of Lender's security interest in the Fixtures and Personal Property. Borrower hereby ratifies any financing statements that may have been filed by Lender in advance of the date hereof to perfect Lender's security interest in the Fixtures and Personal Property.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Agree Realty Corp)

Execution of Additional Documents. Borrower shall do, make, execute, acknowledge, witness and deliver all deeds, conveyances, mortgages, deeds of trust, assignments, estoppel certificates, subordination non-disturbance and attornments, notices of assignments, transfers, assurances, security agreements, financing statements and renewals thereof, and all other instruments or other acts necessary, as Lender shall from time to time reasonably require for the purpose of better assuring, conveying, assigning, transferring, securing and confirming unto Lender the Property and rights hereby encumbered, created, conveyed, assigned or intended now or hereafter so to be encumbered, created, conveyed or assigned, or which Borrower may now be or may hereafter become bound to encumber, create, convey or assign to LenderLeader, or for the purpose of carrying out the intention or facilitating the performance of the terms of this Mortgage, or for filing, registering or recording this Mortgage, and to pay all filing, registration or recording fees and all taxes, costs and other expenses, including Reasonable Attorneys' Fees, incident to the preparation, execution, acknowledgment, delivery and recordation of any of the same; provided, however, that no such further assurance increases Borrower’s obligations or liabilities under the Loan Documents or decreases Borrower’s rights under the Loan Documents. By signing this Mortgage, Borrower authorizes Lender to file such financing statements, with or without the signature of BorrowerXxxxxxxx, as Lender may elect, as may be necessary or desirable to perfect the lien of Lender's Xxxxxx’s security interest in the Fixtures and Personal Property. Without limiting any other provision herein, Borrower hereby authorizes Lender to file one or more financing statements and any renewal or continuation statements thereof, describing the Property and the proceeds of the Property, including, without limitation, a financing statement covering "all assets of Borrower all proceeds therefrom, and all rights and privileges with respect thereto." ”. Borrower further authorizes Lender to file, with or without any additional signature from BorrowerXxxxxxxx, as Lender may elect, such amendments and continuation statements as Lender may deem necessary or desirable from time to time to perfect or continue the lien of Lender's Xxxxxx’s security interest in the Fixtures and Personal Property. Borrower hereby ratifies any financing statements that may have been filed by Lender Xxxxxx in advance of the date hereof to perfect Lender's Xxxxxx’s security interest in the Fixtures and Personal Property.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc)

Execution of Additional Documents. Borrower shall do, make, execute, acknowledge, witness The Collateral Agent is hereby directed and authorized to execute and deliver all deedseach of the following documents (collectively, conveyancesthe "ADDITIONAL DOCUMENTS"): each Guarantee, mortgagesthe Subordination Agreement, deeds of trust, assignments, estoppel certificates, subordination non-disturbance and attornments, notices of assignments, transfers, assurances, security agreements, financing statements and renewals thereofthe Security Agreement, and all the other instruments Collateral Documents. Each of the Symphony Funds hereby consents to and accepts the terms of each of the Additional Documents and the execution and delivery thereof by the Collateral Agent. Whether or not so stated therein, in entering into any such Additional Documents, and in performing or observing any of the terms of any such Additional Documents, and otherwise in respect of any matter arising under or in respect of any such Additional Documents, the Collateral Agent shall enjoy and shall be protected by each of the rights, immunities, indemnities and other acts necessaryprotections set forth in this Agreement; and any obligations, as Lender shall from time duties or liabilities to time reasonably require for which the purpose of better assuring, conveying, assigning, transferring, securing and confirming unto Lender the Property and rights hereby encumbered, created, conveyed, assigned or intended now or hereafter so to be encumbered, created, conveyed or assigned, or which Borrower Collateral Agent may now be or may hereafter become bound subject under or in respect of any such Additional Documents shall be subject to encumberand limited by the terms of this Agreement (including, createwithout limitation, convey or assign the terms of this Section 11). In no event shall the Collateral Agent have any liability under any such Additional Documents that it would not have, nor shall the Collateral Agent be obligated to Lendertake any action thereunder that it would not be required to take, or for under the purpose terms of carrying out this Agreement. It is hereby expressly acknowledged that the intention or facilitating the performance Collateral Agent has not evaluated nor negotiated any of the terms of this MortgageAgreement or any such Additional Documents on behalf of the Symphony Funds, has not performed any investigation of otherwise advised the Symphony Funds in respect of this Agreement or any such Additional Documents and has no responsibility for terms of this Agreement or any such Additional Documents, or for filingthe sufficiency or validity hereof or thereof. The Collateral Agent is further authorized and directed to execute, registering or recording this Mortgage, and to pay all filing, registration or recording fees and all taxes, costs and other expenses, including Reasonable Attorneys' Fees, incident to upon the preparation, execution, acknowledgment, delivery and recordation of any of the same; provided, however, that no such further assurance increases Borrower’s obligations or liabilities under the Loan Documents or decreases Borrower’s rights under the Loan Documents. By signing this Mortgage, Borrower authorizes Lender to file such financing statements, with or without the signature request of Borrower, such amendments to the Collateral Documents and such other instruments including, but not limited to, intercreditor agreements in such form as Lender may electbe reasonably requested by the Borrower, as may be necessary or desirable to perfect secure, on a pari passu basis (as to seniority and priority) with the lien of Lender's security interest interests granted to new Holders in connection with this Agreement, the Fixtures and Personal Property. Without limiting any other provision herein, Borrower hereby authorizes Lender to file one or more financing statements and any renewal or continuation statements thereof, describing the Property and the proceeds obligations of the Property, including, without limitation, a financing statement covering "all assets of Borrower all proceeds therefrom, and all rights and privileges with respect thereto." Borrower further authorizes Lender to file, with or without any additional signature from Borrower, as Lender may elect, such amendments and continuation statements as Lender may deem necessary or desirable from time in respect of new securities issued by the Company pursuant to time to perfect or continue the lien of Lender's security interest in the Fixtures and Personal Property. Borrower hereby ratifies any financing statements that may have been filed exchange transactions not prohibited by Lender in advance of the date hereof to perfect Lender's security interest in the Fixtures and Personal PropertySection 8.4.

Appears in 1 contract

Samples: Securities Exchange Agreement (Ibasis Inc)

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