First Lien Status. Mortgagor shall preserve and protect the first priority lien of this Mortgage. If any lien or security interest other than a Permitted Lien is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest (including origin, amount and other terms), and (b)(i) pay the underlying claim in full or take such other action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Agreement (including, if applicable, any requirement to provide a bond or other security satisfactory to Mortgagee).
Appears in 9 contracts
Samples: First Lien Mortgage (Green Plains Inc.), First Lien Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement (Green Plains Inc.), First Lien Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement (Green Plains Inc.)
First Lien Status. Mortgagor shall preserve and protect the first priority lien and security interest status of this MortgageMortgage and the other Loan Documents. If any lien or security interest other than a the Permitted Lien Encumbrances is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest (including origin, amount and other terms), and (b)(ib) pay the underlying claim in full or take such other action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Credit Agreement (including, if applicable, any including the requirement to provide of providing a bond or other security satisfactory to Mortgagee).
Appears in 9 contracts
Samples: Credit Agreement (United Online Inc), Credit Agreement (FTD Group, Inc.), Credit Agreement (Ruths Hospitality Group, Inc.)
First Lien Status. Mortgagor shall preserve and protect the first priority lien and security interest status of this Mortgage, the Credit Agreement and the other Credit Documents. If any lien or security interest other than a Permitted Lien is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest (including origin, amount and other terms), and (b)(ib) pay the underlying claim in full or take such other action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Credit Agreement (including, if applicable, any including the requirement to provide of providing a bond or other security satisfactory to Mortgagee).
Appears in 5 contracts
Samples: Mortgage, Security Agreement, Assignment of Rents and Leases (Pantry Inc), Multistate Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing (Pantry Inc), Mortgage Agreement (Pantry Inc)
First Lien Status. Mortgagor shall preserve and protect the first priority lien and security interest status of this MortgageMortgage and the other Credit Documents. If any lien or security interest Lien other than a Permitted Encumbrance or another Permitted Lien is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest Lien (including origin, amount and other terms), and (b)(ib) pay the underlying claim in full or take such other action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Credit Agreement (including, if applicable, any including the requirement to provide of providing a bond or other security satisfactory to Mortgagee).
Appears in 4 contracts
Samples: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)
First Lien Status. Mortgagor shall preserve and protect the first priority lien and security interest status of this MortgageMortgage and the other Security Documents. If any lien or security interest other than a Permitted Encumbrance or a Permitted Lien is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest (including origin, amount and other terms), and (b)(ib) pay the underlying claim in full or take such other action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Agreement Indenture (including, if applicable, any including the requirement to provide of providing a bond or other security satisfactory to Mortgagee).
Appears in 4 contracts
Samples: Indenture (Titan International Inc), Indenture (Titan International Inc), Indenture (Titan International Inc)
First Lien Status. Except for Permitted Liens, Mortgagor shall preserve and protect the first priority lien and security interest status of this Mortgage. If any lien or security interest other than a Permitted Lien is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest (including origin, amount and other terms), and (b)(ib) pay the underlying claim in full or take such other action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Credit Agreement and the Collateral Trust Agreement (including, if applicable, any including the requirement to provide of providing a bond or other security satisfactory to Mortgagee).
Appears in 4 contracts
Samples: Revolving Credit Facility (CONSOL Energy Inc), Revolving Credit Facility (CONSOL Energy Inc), Revolving Credit Facility (Consol Energy Inc)
First Lien Status. Mortgagor shall preserve and protect the first priority lien and security interest status of this MortgageMortgage and the other Loan Documents. If any lien or security interest other than a Permitted Lien is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest (including origin, amount and other terms), and (b)(ib) pay the underlying claim in full or take such other action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Credit Agreement (including, if applicable, any including the requirement to provide of providing a bond or other security satisfactory to MortgageeMortgagee to the extent required by the Credit Agreement).
Appears in 3 contracts
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing for Commercial Purposes (IAA Acquisition Corp.), Credit Agreement (Auto Disposal of Memphis, Inc.), Credit Agreement (Carbuyco, LLC)
First Lien Status. Mortgagor shall preserve and protect the first priority lien and security interest status of this MortgageMortgage and the other Financing Documents. If any lien or security interest Lien other than a the Permitted Lien Liens is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest Lien (including origin, amount and other terms), and (b)(ib) pay the underlying claim in full or take such other action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Agreement Indenture (including, if applicable, any including the requirement to provide of providing a bond or other security satisfactory to Mortgagee).
Appears in 2 contracts
Samples: Indenture (Edgen Group Inc.), Indenture (Edgen Murray II, L.P.)
First Lien Status. Mortgagor shall preserve and protect the first priority lien and security interest status of this Mortgage. If any lien or security interest other than a Permitted Encumbrance or a Permitted Lien is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest (including origin, amount and other terms), and (b)(ib) pay the underlying claim in full or take such other commercially reasonable action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Credit Agreement (including, if applicable, any the requirement to provide of providing a bond or other security reasonably satisfactory to Mortgagee).
Appears in 2 contracts
Samples: Credit Agreement (RBS Global Inc), Credit Agreement (Verso Paper Holdings LLC)
First Lien Status. Mortgagor shall preserve and protect the first priority lien First Priority Lien of this Mortgage. If any lien or security interest other than a the Permitted Lien Encumbrances is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest (including origin, amount and other terms), and (b)(ib) pay the underlying claim in full or take such other action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Credit Agreement (including, if applicable, including any requirement to provide a bond or other security satisfactory to Mortgagee).
Appears in 2 contracts
Samples: Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/)
First Lien Status. Mortgagor shall preserve and protect the first priority lien and security interest status of this MortgageMortgage and the other Loan Documents. If any lien or security interest other than a the Permitted Lien Encumbrances is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest (including origin, amount and other terms), and (b)(i) pay the underlying claim in full or take such other action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Credit Agreement (including, if applicable, any including the requirement to provide of providing a bond or other security satisfactory to Mortgagee).
Appears in 2 contracts
Samples: Open End Mortgage, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.), Open End Mortgage, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.)
First Lien Status. Mortgagor shall preserve and protect the first priority lien and security interest status of this MortgageMortgage and the other Loan Documents. If any lien or security interest other than a the Permitted Lien Liens is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest (including origin, amount and other terms), and (b)(ib) pay the underlying claim in full or take such other action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Agreement (including, if applicable, any including the requirement to provide of providing a bond or other security satisfactory to Mortgagee).
Appears in 1 contract
Samples: Open End Mortgage, Security Agreement, Assignment of Rents and Leases, and Fixture Filing (GXS Corp)
First Lien Status. Mortgagor shall preserve and protect the first priority lien and security interest status of this MortgageMortgage and the other Loan Documents. If any lien or security interest interest, other than a the Permitted Lien Liens, is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest (including origin, amount and other terms), and (b)(ib) pay the underlying claim in full or take such other action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Agreement (including, if applicable, any including the requirement to provide of providing a bond or other security satisfactory to Mortgagee).
Appears in 1 contract
Samples: Mortgage, Assignment of Rents and Leases, and Security Agreement (Interdent Inc)
First Lien Status. Mortgagor shall preserve and protect the first priority lien and security interest status of this MortgageMortgage and the other Loan Documents. If any lien or security interest other than a Permitted Lien is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest (including origin, amount and other terms), and (b)(ib) pay the underlying claim in full or take such other action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Amended and Restated Credit Agreement (including, if applicable, any including the requirement to provide of providing a bond or other security satisfactory to MortgageeMortgagee to the extent required by the Amended and Restated Credit Agreement).
Appears in 1 contract
Samples: Amendment and Restatement Agreement (KAR Auction Services, Inc.)
First Lien Status. Mortgagor shall preserve and protect the first priority lien of this Mortgage. If any lien or security interest other than a Permitted Lien is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee Agent a detailed written notice of such lien or security interest (including origin, amount and other terms), and (b)(i) pay the underlying claim in full or take such other action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Agreement (including, if applicable, any requirement to provide a bond or other security satisfactory to MortgageeAgent).
Appears in 1 contract
First Lien Status. Mortgagor shall preserve and protect the first priority lien Lien status of this Mortgage. If any lien or security interest Lien other than a the Permitted Lien Real Property Encumbrances is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest Lien (including origin, amount and other terms), and (b)(ib) pay the underlying claim in full or take such other action so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Agreement (including, if applicable, any including the requirement to provide of providing a bond or other security satisfactory to Mortgagee).
Appears in 1 contract
First Lien Status. Mortgagor shall preserve and protect the first priority lien and security interest status of this Mortgage. If any lien or security interest other than a Permitted Lien is asserted against the Mortgaged Property, Mortgagor shall promptly, and at its expense, (a) give Mortgagee a detailed written notice of such lien or security interest (including origin, amount and other terms), and (b)(ib) pay the underlying claim in full or take such other action as may be required pursuant to the Credit Agreement so as to cause it to be released or (ii) contest the same in compliance with the requirements of the Loan Agreement contested (including, if applicable, any the requirement to provide of providing a bond or other security reasonably satisfactory to Mortgagee).
Appears in 1 contract
