Common use of FOR THE PURPOSE OF SECURING Clause in Contracts

FOR THE PURPOSE OF SECURING. (i) the payment of the Loan and all interest, late charges, LIBOR breakage charges (including any Make Whole Costs described in the Loan Agreement), prepayment premium, if any, exit fee, if any, interest rate swap or hedge expenses (if any), reimbursement obligations, fees and expenses for letters of credit issued by any Bank for the benefit of the Borrower, if any, and other indebtedness evidenced by or owing under the Notes, any of the other Loan Documents, and any application for letters of credit and master letter of credit agreement, together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) the obligations and liabilities of the Borrower to the Beneficiary under and pursuant to interest rate, currency or commodity swap agreement, cap agreement or collar agreement, executed by and between the Borrower and the Beneficiary from time to time (collectively, “Interest Rate Agreements”), (iii) the performance and observance of the covenants, conditions, agreements, representations, warranties and other liabilities and obligations of the Borrower or Trustor or any other obligor to or benefiting the Beneficiary which are evidenced or secured by or otherwise provided in the Notes, this Deed of Trust or any of the other Loan Documents; and (iv) the reimbursement to the Beneficiary of any and all sums incurred, expended or advanced by the Beneficiary pursuant to any term or provision of or constituting additional indebtedness under or secured by this Deed of Trust, any of the other Loan Documents or any Interest Rate Agreements or any application for letters of credit and master letter of credit agreement, with interest thereon as provided herein or therein (collectively, the “Indebtedness”).

FOR THE PURPOSE OF SECURING. (i) the payment of the Loan and all interest, late charges, LIBOR breakage charges (including any Make Whole Costs described in the Loan Agreement), prepayment premium, if any, exit fee, if any, interest rate swap or hedge expenses (if any), reimbursement obligations, fees and expenses for letters of credit issued by any Bank the Mortgagee for the benefit of the Borrower, if any, and other indebtedness evidenced by or owing under the Notes, any of the other Loan Documents, and any application for letters of credit and master letter of credit agreement, together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) the obligations and liabilities of the Borrower to the Beneficiary Mortgagee under and pursuant to interest rate, currency or commodity swap agreement, cap agreement or collar agreement, executed by and between the Borrower and the Beneficiary Mortgagee from time to time (collectively, “Interest Rate Agreements”), (iii) the performance and observance of the covenants, conditions, agreements, representations, warranties and other liabilities and obligations of the Borrower or Trustor Mortgagor or any other obligor to or benefiting the Beneficiary Mortgagee which are evidenced or secured by or otherwise provided in the Notes, this Deed of Trust Mortgage or any of the other Loan Documents; and (iv) the reimbursement to the Beneficiary Mortgagee of any and all sums incurred, expended or advanced by the Beneficiary Mortgagee pursuant to any term or provision of or constituting additional indebtedness under or secured by this Deed of TrustMortgage, any of the other Loan Documents or any Interest Rate Agreements or any application for letters of credit and master letter of credit agreement, with interest thereon as provided herein or therein (collectively, the “Indebtedness”).

FOR THE PURPOSE OF SECURING. (i) the payment of the Loan and all interest, late charges, LIBOR breakage charges (including any Make Whole Costs described in the Loan Agreement), prepayment premium, if any, exit fee, if any, interest rate swap or hedge expenses fee (if any), reimbursement obligations, fees and expenses for letters of credit issued by any Bank Mortgagee for the benefit of the BorrowerMortgagor, if any, and other indebtedness evidenced by or owing under the NotesNote, any of the other Loan Documents, any interest rate swap or hedge agreement now or hereafter entered into between Mortgagor and Mortgagee and any application for letters of credit and master letter of credit agreement, together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) the obligations and liabilities of the Borrower to the Beneficiary under and pursuant to interest rate, currency or commodity swap agreement, cap agreement or collar agreement, executed by and between the Borrower and the Beneficiary from time to time (collectively, “Interest Rate Agreements”), (iii) the performance and observance of the covenants, conditions, agreements, representations, warranties and other liabilities and obligations of the Borrower or Trustor Mortgagor or any other obligor to or benefiting the Beneficiary Mortgagee which are evidenced or secured by or otherwise provided in the NotesNote, this Deed of Trust Mortgage or any of the other Loan Documents; and (iviii) the reimbursement to the Beneficiary Mortgagee of any and all sums incurred, expended or advanced by the Beneficiary Mortgagee pursuant to any term or provision of or constituting additional indebtedness under or secured by this Deed of TrustMortgage, any of the other Loan Documents Documents, any interest rate swap or any Interest Rate Agreements hedge agreement or any application for letters of credit and master letter of credit agreement, with interest thereon as provided herein or therein (collectively, the “Indebtedness”).

FOR THE PURPOSE OF SECURING. (i) the payment of the Loan and all interest, late charges, LIBOR breakage charges charges, exit fee (including any Make Whole Costs described in the Loan Agreement), prepayment premium, if any, exit fee, if any), interest rate swap or hedge expenses (if any), reimbursement obligations, fees and expenses for letters of credit issued by any Bank for the benefit of the Borrowerexpenses, if any, and other indebtedness evidenced by or owing under the NotesNote, any of the other Loan Documents, and any application for letters of credit and master letter of credit agreement, together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) the obligations and liabilities of the all other indebtedness owed by Borrower to the Beneficiary under and pursuant to interest rate, currency or commodity swap agreement, cap agreement or collar agreement, executed by and between the Borrower and the Beneficiary from time to time (collectively, “Interest Rate Agreements”), Lender; (iii) the performance and observance of the covenants, conditions, agreements, representations, warranties and other liabilities and obligations of the Borrower or Trustor or any other obligor to or benefiting the Beneficiary Lender which are evidenced or secured by or otherwise provided in the NotesNote, this Deed of Trust or any of the other Loan Documents, any interest rate swap or hedge agreements now or hereafter entered into between Borrower and Lender; and (iv) the reimbursement to the Beneficiary Lender of any and all sums incurred, expended or advanced by the Beneficiary Lender pursuant to any term or provision of or constituting additional indebtedness under or secured by this Deed of Trust, any of the other Loan Documents Documents, or any Interest Rate Agreements interest rate swap or any application for letters of credit hedge agreements now or hereafter entered into between Borrower and master letter of credit agreementLender, with interest thereon as provided herein or therein (collectively, the “Indebtedness”).

FOR THE PURPOSE OF SECURING. (i) the payment of the Loan and all interest, late charges, LIBOR breakage charges (including any Make Whole Costs described in the Loan Agreementif any), prepayment premium, premium (if any), exit fee, fee (if any), interest rate swap or hedge expenses (if any), reimbursement obligations, fees and expenses for letters of credit issued by any Bank Mortgagee for the benefit of the BorrowerMortgagor, if any, and other indebtedness evidenced by or owing under the NotesNote, any of the other Loan Documents, any interest rate swap or hedge agreement now or hereafter entered into between Mortgagor and Mortgagee and any application for letters of credit and master letter of credit agreement, together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) the obligations and liabilities of the Borrower to the Beneficiary under and pursuant to interest rate, currency or commodity swap agreement, cap agreement or collar agreement, executed by and between the Borrower and the Beneficiary from time to time (collectively, “Interest Rate Agreements”), (iii) the performance and observance of the covenants, conditions, agreements, representations, warranties and other liabilities and obligations of the Borrower or Trustor Mortgagor or any other obligor to or benefiting the Beneficiary Mortgagee which are evidenced or secured by or otherwise provided in the NotesNote, this Deed of Trust Mortgage or any of the other Loan Documents; and (iviii) the reimbursement to the Beneficiary Mortgagee of any and all sums incurred, expended or advanced by the Beneficiary Mortgagee pursuant to any term or provision of or constituting additional indebtedness under or secured by this Deed of TrustMortgage, any of the other Loan Documents Documents, any interest rate swap or any Interest Rate Agreements hedge agreement or any application for letters of credit and master letter of credit agreement, with interest thereon as provided herein or therein (collectively, the “Indebtedness”).

FOR THE PURPOSE OF SECURING. (i) the payment of the Loan and all interest, late charges, LIBOR breakage charges (including any Make Whole Costs described in the Loan Agreement), prepayment premium, if any, exit fee, if any, interest rate swap or hedge expenses (if any), reimbursement obligations, fees and expenses for letters of credit issued by any Bank Mortgagee for the benefit of the BorrowerMortgagor, if any, and other indebtedness or other amounts evidenced by or owing under the NotesLoan Agreement, the Note, this Mortgage or any of the other Loan Documents, any interest rate swap or hedge agreement now or hereafter entered into between Mortgagor and Mortgagee or any of Mortgagee’s affiliates, and any application for letters of credit and master letter of credit agreement, together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) the obligations and liabilities of the Borrower to the Beneficiary under and pursuant to interest rate, currency or commodity swap agreement, cap agreement or collar agreement, executed by and between the Borrower and the Beneficiary from time to time (collectively, “Interest Rate Agreements”), (iii) the performance and observance of the covenants, conditions, agreements, representations, warranties and other liabilities and obligations of the Borrower or Trustor Mortgagor or any other obligor to or benefiting the Beneficiary Mortgagee which are evidenced or secured by or otherwise provided in the NotesLoan Agreement, the Note, this Deed of Trust Mortgage or any of the other Loan Documents; and (iviii) the reimbursement to the Beneficiary Mortgagee of any and all sums incurred, expended or advanced by the Beneficiary Mortgagee pursuant to any term or provision of of, or constituting additional indebtedness under or secured by by, this Deed of TrustMortgage, any of the other Loan Documents Documents, any interest rate swap or any Interest Rate Agreements hedge agreement or any application for letters of credit and master letter of credit agreement, with interest thereon as provided herein or therein (collectively, the “Indebtedness”).

FOR THE PURPOSE OF SECURING. Payment when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (i) the including payment of amounts that would become due but for the Loan and all interestoperation of the automatic stay under Section 362(a) of the Bankruptcy Code, late charges, LIBOR breakage charges (including any Make Whole Costs described in the Loan Agreement11 U.S.C. §362(a)), prepayment premiumof all obligations and liabilities of every nature of Trustor now or hereafter existing under or arising out of or in connection with the Indenture, if any, exit fee, if any, interest rate swap or hedge expenses (if any), reimbursement obligations, fees the promissory notes issued to the Holders to evidence such obligations and expenses for letters of credit issued by any Bank for the benefit of the Borrower, if any, and other indebtedness evidenced by or owing under the Notes, any of the other Loan Documents, and any application for letters of credit and master letter of credit agreementliabilities, together with any and all renewals, extensions, amendments, modifications, renewals rearrangements, replacements, restatements, substitutions and addendums thereof or refinancings thereto (herein referred to as the “Notes”), whether for principal in the amount of any One Hundred Eighty Million Dollars ($180,000,000) or such principal amount as may be advanced and remain unpaid or for interest (including, without limitation, interest that, but for the filing of the foregoing; (ii) the obligations a petition in bankruptcy with respect to Trustor, would accrue on such obligations), fees, expenses, and liabilities of the Borrower to the Beneficiary amounts owing under indemnities or otherwise, whether voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and pursuant to interest rate, currency whether or commodity swap agreement, cap agreement or collar agreement, executed by and between the Borrower and the Beneficiary not from time to time decreased or extinguished and later increased, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from Beneficiary or any such Lender as a preference, fraudulent transfer or otherwise. Second: Payment and performance of every obligation, covenant, promise and agreement of Trustor herein contained (collectivelyexcepting, “Interest Rate Agreements”however, the obligations of Trustor under Section 5(c) hereof are not secured hereby), (iii) the performance and observance of the covenantsor incorporated herein by reference, conditions, agreements, representations, warranties and other liabilities and obligations of the Borrower or Trustor or including any other obligor to or benefiting the Beneficiary which are evidenced or secured by or otherwise provided in the Notes, this Deed of Trust or any of the other Loan Documents; and (iv) the reimbursement to the Beneficiary of any and all sums incurred, expended paid or advanced by the Beneficiary or Trustee pursuant to any term or provision of or constituting additional indebtedness under or secured by this Deed of Trust, any of the other Loan Documents or any Interest Rate Agreements or any application for letters of credit and master letter of credit agreement, with interest thereon as provided herein or therein (collectively, the “Indebtedness”)terms hereof.

FOR THE PURPOSE OF SECURING. (i) the payment of the Loan Obligations (as defined in the Financing Agreement) and all interest, late charges, LIBOR breakage charges (including any Make Whole Costs described in the Loan Agreement), prepayment premium, if any, exit fee, if any, interest rate swap or hedge expenses (if any), reimbursement obligations, fees and expenses for letters of credit issued by any Bank for the benefit of the Borrower, if any, and other indebtedness evidenced by or owing under the NotesFinancing Agreement, the Notes or any other of the other Loan Transaction Documents, and any application for letters of credit and master letter of credit agreement, together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) the obligations and liabilities of the Borrower to the Beneficiary under and pursuant to interest rate, currency or commodity swap agreement, cap agreement or collar agreement, executed by and between the Borrower and the Beneficiary from time to time (collectively, “Interest Rate Agreements”), (iii) the performance and observance of the covenants, conditions, agreements, representations, warranties and other liabilities and obligations of the Mortgagor and any other Borrower or Trustor or any other obligor to the Mortgagee or benefiting the Beneficiary Lenders and the Holders which are evidenced or secured by or otherwise provided in the Financing Agreement, the Notes, this Deed of Trust Mortgage or any of the other Loan Transaction Documents; and (iviii) the reimbursement to the Beneficiary Mortgagee or a Lender or Holder, as applicable, of any and all sums incurred, expended or advanced by the Beneficiary Mortgagee or any Lender or Holder pursuant to any term or provision of or constituting additional indebtedness under or secured by this Deed of TrustMortgage, the Financing Agreement, the Notes or any of the other Loan Documents or any Interest Rate Agreements or any application for letters of credit and master letter of credit agreementTransaction Documents, with interest thereon as provided herein or therein (collectively, the “IndebtednessSecured Obligations”).

FOR THE PURPOSE OF SECURING. (ia) the payment Payment of the Loan and all interestsum of ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) with interest thereon, late charges, LIBOR breakage charges (including any Make Whole Costs described in the Loan Agreement), prepayment premium, if any, exit fee, if any, interest rate swap or hedge expenses (if any), reimbursement obligations, attorneys' fees and expenses for letters other sums due according to the terms of credit issued that certain promissory note of even date herewith, executed and delivered by any Bank for the benefit of the Borrower, if anyTrustor to Beneficiary, and other indebtedness evidenced by or owing under the Notes, any of the other Loan Documents, and any application for letters of credit and master letter of credit agreement, together with any extensions, modifications, renewals or refinancings of any replacements thereof (the "Note"). (b) Payment, with interest and other costs and charges thereon, in accordance with the terms of the foregoing; (ii) the obligation or obligations and liabilities of the Borrower to the Beneficiary under and pursuant to interest rateevidencing same, currency or commodity swap agreement, cap agreement or collar agreement, executed by and between the Borrower and the Beneficiary from time to time (collectively, “Interest Rate Agreements”), (iii) the performance and observance of the covenants, conditions, agreements, representations, warranties and other liabilities and obligations of the Borrower or Trustor or any other obligor to or benefiting the Beneficiary which are evidenced or secured by or otherwise provided in the Notes, this Deed of Trust or any of the other Loan Documents; and (iv) the reimbursement to the Beneficiary of any and all sums additional advances made by Beneficiary to Trustor under the Note and extensions, modifications, renewals or replacements thereof. (c) Payment of all obligations incurred, and of all monies expended or advanced advanced, by the Beneficiary pursuant to any term the terms hereof, the terms of the Commitment for Loan and the modification/amendment thereof (collectively the "Loan Agreement"), or provision of such other instruments or constituting additional documents relating to the indebtedness under or hereby secured by this (collectively, including the Loan Agreement and the Deed of Trust, the "Security Documents"), and payment of all monies expended or advanced by Beneficiary or on its behalf to preserve any right of Beneficiary hereunder, or to preserve any rights of Beneficiary under any other documents or instruments securing the Note, or to protect or preserve the Property or any part thereof, all of which are hereby declared to be a lien on the Property and secured hereby. If there is any conflict between the terms of the Loan Agreement and the Note or any of the Security Documents, then the terms of the Note or Security Documents shall prevail. (d) Provided, however, that if the Trustor shall pay or cause to be paid to the holder of the Note the principal and all accrued and unpaid interest to become due thereupon at the time and in the manner stipulated therein, shall pay or cause to be paid all other Loan Documents sums payable thereunder or any Interest Rate Agreements or any application for letters of credit hereunder and master letter of credit agreementall indebtedness hereby secured, with interest thereon as provided herein or therein (collectivelythen, in such case, the “Indebtedness”)estate, right, title and interest of the Trustee and Beneficiary in the Premises shall cease, determine and become void, and upon proof being given to the satisfaction of the Beneficiary that the Note, together with all accrued and unpaid interest thereon, have been paid or satisfied, and upon payment of all fees, costs, charges, expenses and liabilities chargeable or incurred or to be incurred by Trustee or Beneficiary, and of any other sums as herein provided, the Trustee shall, upon receipt of the written request of the Beneficiary, reconvey, without warranty, the Property then held hereunder. The recitals in such reconveyance may be described as "the person or persons legally entitled thereto".

FOR THE PURPOSE OF SECURING. A. the Guarantied Obligations (i) as defined in the Guaranty); B. the due and punctual payment and performance of the Loan any and all interest, late charges, LIBOR breakage charges (including any Make Whole Costs described in the Loan Agreement), prepayment premium, if any, exit fee, if any, interest rate swap or hedge expenses (if any), reimbursement obligations, fees present and expenses for letters of credit issued by any Bank for the benefit of the Borrower, if any, and other indebtedness evidenced by or owing under the Notes, any of the other Loan Documents, and any application for letters of credit and master letter of credit agreement, together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) the future obligations and liabilities of the Borrower Trustor of every type or description to the Beneficiary Beneficiary, arising under and pursuant to interest rate, currency or commodity swap agreement, cap agreement or collar agreement, executed by and between the Borrower and the Beneficiary from time to time (collectively, “Interest Rate Agreements”), (iii) the performance and observance of the covenants, conditions, agreements, representations, warranties and other liabilities and obligations of the Borrower or Trustor or any other obligor to or benefiting the Beneficiary which are evidenced or secured by or otherwise provided in the Notes, connection with this Deed of Trust or any other Loan Document including for reimbursement of amounts permitted to be advanced or expended by Beneficiary (i) to satisfy amounts required to be paid by Trustor under this Deed of Trust or any other Loan Document together with interest thereon to the extent provided, or (ii) to protect the Trust Estate, together with interest thereon to the extent provided; and C. all future advances pursuant to the Indenture or any other of the other Loan Documents, as future advances is defined by Nevada Revised Statutes ("NRS") 106.320; in each case whether due or not due, direct or indirect, joint and/or several, absolute or contingent, voluntary or involuntary, liquidated or unliquidated, determined or undetermined, now or hereafter existing, renewed or restructured, whether or not from time to time decreased or extinguished and (iv) the reimbursement to the Beneficiary of any and all sums later increased, created or incurred, expended whether or advanced by not arising after the Beneficiary pursuant commencement of a proceeding under the Bankruptcy Code (including post-petition interest) and whether or not allowed or allowable as a claim in any such proceeding (all obligations and liabilities described herein, including, without limitation, the Guarantied Obligations, are collectively referred to any term or provision herein as the "Secured Obligations"). To protect the security of or constituting additional indebtedness under or secured by this its Deed of Trust, any of the other Loan Documents or any Interest Rate Agreements or any application for letters of credit Trustor hereby covenants and master letter of credit agreement, with interest thereon agrees as provided herein or therein (collectively, the “Indebtedness”).follows: