Common use of FOR THE PURPOSE OF SECURING Clause in Contracts

FOR THE PURPOSE OF SECURING. (a) Payment and performance of each and every obligation, covenant and agreement of Borrower contained in the Note and any amendment or supplement thereto, extension or renewal thereof or replacement therefor; (b) Payment of all other sums agreed to be paid by Borrower pursuant to the Note, the Loan Agreement or any other agreement between Borrower and Lender with respect to this loan and performance of all other obligations of Borrower thereunder; (c) Payment of all sums advanced by or on behalf of Trustee or Lender as herein authorized to protect the Trust Estate, with interest thereon at the rate of interest called for by the Note; (d) Performance of every obligation, covenant and agreement of Borrower contained herein; (e) Payment of all other sums, with interest thereon, which may hereafter be loaned to Borrower, or its successors or assigns, by Lender or its successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust; (f) Performance of every obligation, covenant and agreement of Borrower contained in any agreement now or hereafter executed by Borrower which recites that the obligations thereunder are secured by this Deed of Trust; (g) Compliance with and performance of each and every provision of any declaration of covenants, conditions or restrictions pertaining to the Trust Estate or any portion thereof; and, (h) Payment of all sums, with interest thereon at the rate of interest called for by the Note, that may become due and payable to or for the benefit of Lender or Trustee pursuant to the terms hereof. This Deed of Trust, the Note, and any other deed of trust, mortgage, security agreement, guaranty or other instrument given to evidence or further secure the payment or performance of any obligation secured hereby may hereafter be collectively referred to as the "Financing Documents. " TO PROTECT THE PREMISES AND THE SECURITY GRANTED BY THIS DEED OF TRUST, BORROWER HEREBY COVENANTS AND AGREES AS FOLLOWS:

Appears in 1 contract

Samples: Recording (Emeritus Corp\wa\)

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FOR THE PURPOSE OF SECURING. First: Payment when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (aincluding payment of amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. §362(a)), of all obligations and liabilities of every nature of Trustor now or hereafter existing under or arising out of or in connection with the Indenture, or the promissory notes issued to the Holders to evidence such obligations and liabilities, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the “Notes”), whether for principal in the amount of 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 a petition in bankruptcy with respect to Trustor, would accrue on such obligations), fees, expenses, and 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 whether or 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 each and every obligation, covenant covenant, promise and agreement of Borrower Trustor herein contained in the Note and any amendment or supplement thereto(excepting, extension or renewal thereof or replacement therefor; (b) Payment of all other sums agreed to be paid by Borrower pursuant to the Notehowever, the Loan Agreement or any other agreement between Borrower and Lender with respect to this loan and performance of all other obligations of Borrower thereunder; (cTrustor under Section 5(c) Payment of all hereof are not secured hereby), or incorporated herein by reference, including any sums paid or advanced by or on behalf of Trustee or Lender as herein authorized to protect the Trust Estate, with interest thereon at the rate of interest called for by the Note; (d) Performance of every obligation, covenant and agreement of Borrower contained herein; (e) Payment of all other sums, with interest thereon, which may hereafter be loaned to Borrower, or its successors or assigns, by Lender or its successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust; (f) Performance of every obligation, covenant and agreement of Borrower contained in any agreement now or hereafter executed by Borrower which recites that the obligations thereunder are secured by this Deed of Trust; (g) Compliance with and performance of each and every provision of any declaration of covenants, conditions or restrictions pertaining to the Trust Estate or any portion thereof; and, (h) Payment of all sums, with interest thereon at the rate of interest called for by the Note, that may become due and payable to or for the benefit of Lender Beneficiary or Trustee pursuant to the terms hereof. This Deed of Trust, the Note, and any other deed of trust, mortgage, security agreement, guaranty or other instrument given to evidence or further secure the payment or performance of any obligation secured hereby may hereafter be collectively referred to as the "Financing Documents. " TO PROTECT THE PREMISES AND THE SECURITY GRANTED BY THIS DEED OF TRUST, BORROWER HEREBY COVENANTS AND AGREES AS FOLLOWS:.

Appears in 1 contract

Samples: Eldorado Resorts LLC

FOR THE PURPOSE OF SECURING. First: Payment when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (aincluding payment of amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a)), of all obligations and liabilities of every nature of Trustor now or hereafter existing under or arising out of or in connection with that certain Second Amended and Restated Credit Agreement executed concurrently herewith by Trustor, as Borrower, Beneficiary, as Administrative Agent, and the Lenders listed therein as lenders (the “Lenders”), together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the “Credit Agreement”), or the promissory notes issued to the Lenders to evidence such obligations and liabilities, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the “Notes”), whether for principal in the amount of Forty Million Dollars ($40,000,000) or such principal amount as may be advanced and remain unpaid or for interest (including, without limitation, interest that, but for the filing of a petition in bankruptcy with respect to Trustor, would accrue on such obligations), reimbursement of amounts drawn under Letters of Credit (as defined in the Credit Agreement), fees, expenses, and 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 whether or 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 each and every obligation, covenant covenant, promise and agreement of Borrower Trustor herein contained in the Note and any amendment or supplement thereto(excepting, extension or renewal thereof or replacement therefor; (b) Payment of all other sums agreed to be paid by Borrower pursuant to the Notehowever, the Loan Agreement or any other agreement between Borrower and Lender with respect to this loan and performance of all other obligations of Borrower thereunder; (cTrustor under Section 5(c) Payment of all hereof are not secured hereby), or incorporated herein by reference, including any sums paid or advanced by or on behalf of Trustee or Lender as herein authorized to protect the Trust Estate, with interest thereon at the rate of interest called for by the Note; (d) Performance of every obligation, covenant and agreement of Borrower contained herein; (e) Payment of all other sums, with interest thereon, which may hereafter be loaned to Borrower, or its successors or assigns, by Lender or its successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust; (f) Performance of every obligation, covenant and agreement of Borrower contained in any agreement now or hereafter executed by Borrower which recites that the obligations thereunder are secured by this Deed of Trust; (g) Compliance with and performance of each and every provision of any declaration of covenants, conditions or restrictions pertaining to the Trust Estate or any portion thereof; and, (h) Payment of all sums, with interest thereon at the rate of interest called for by the Note, that may become due and payable to or for the benefit of Lender Beneficiary or Trustee pursuant to the terms hereof. This Deed of Trust, the Note, and any other deed of trust, mortgage, security agreement, guaranty or other instrument given to evidence or further secure the payment or performance of any obligation secured hereby may hereafter be collectively referred to as the "Financing Documents. " TO PROTECT THE PREMISES AND THE SECURITY GRANTED BY THIS DEED OF TRUST, BORROWER HEREBY COVENANTS AND AGREES AS FOLLOWS:.

Appears in 1 contract

Samples: Eldorado Resorts LLC

FOR THE PURPOSE OF SECURING. First: Payment when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (aincluding payment of amounts that would become due but for the operation of the automatic stay under Section 362(a) Payment and performance of each and every obligationthe Bankruptcy Code, covenant and agreement of Borrower contained in the Note and any amendment or supplement thereto11 U.S.C. 362(a)), extension or renewal thereof or replacement therefor; (b) Payment of all other sums agreed to be paid by Borrower pursuant to the Note, the Loan Agreement or any other agreement between Borrower obligations and Lender with respect to this loan and performance of all other obligations of Borrower thereunder; (c) Payment of all sums advanced by or on behalf of Trustee or Lender as herein authorized to protect the Trust Estate, with interest thereon at the rate of interest called for by the Note; (d) Performance liabilities of every obligation, covenant and agreement nature of Borrower contained herein; (e) Payment of all other sums, with interest thereon, which may hereafter be loaned to Borrower, or its successors or assigns, by Lender or its successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust; (f) Performance of every obligation, covenant and agreement of Borrower contained in any agreement Mortgagor now or hereafter existing under or arising out of or in connection with that certain Guaranty of even date herewith executed by Borrower which recites that Mortgagor (and others) in favor of Mortgagee (as the same may be amended, modified or supplemented from time to time, the "Guaranty"). The Guaranty guaranties the obligations thereunder are secured of Players International, Inc., a Nevada corporation ("Borrower") under that certain Credit Agreement executed concurrently herewith by this Deed Borrower, First Interstate Bank of Trust; (g) Compliance with and performance of each and every provision of any declaration of covenantsNevada, conditions or restrictions pertaining to the Trust Estate or any portion thereof; and, (h) Payment of all sums, with interest thereon at the rate of interest called for by the Note, that may become due and payable to or for the benefit of Lender or Trustee pursuant to the terms hereof. This Deed of Trust, the NoteN.A., and Bankers Trust Company, as Managing Agents, BT Securities Corporation, as a Co-Arranger, and the Lenders listed therein as lenders (the "Lenders") and First Interstate Bank of Nevada, N.A., as a Co-Arranger and Administrative Agent, together with any other deed of trustand all renewals, mortgageextensions, security agreementamendments, guaranty modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or other instrument given to evidence or further secure the payment or performance of any obligation secured hereby may hereafter be collectively thereto (herein referred to as the "Financing DocumentsCredit Agreement"), and the promissory notes issued to the Lenders to evidence such obligations and liabilities, which notes shall mature as provided in the Credit Agreement, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the "Notes"), whether for principal in the amount of One Hundred Twenty Million Dollars ($120,000,000) or such principal amount as may be advanced and remain unpaid or for interest (including, without limitation, interest that, but for the filing of a petition in bankruptcy with respect to Mortgagor, would accrue on such obligations), reimbursement of amounts drawn under letters of credit, fees, expenses, indemnities or otherwise, whether voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or 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 Mortgagee or any such Lender as a preference, fraudulent transfer or otherwise. " TO PROTECT THE PREMISES AND THE SECURITY GRANTED BY THIS DEED OF TRUSTIn no event shall the indebtedness, BORROWER HEREBY COVENANTS AND AGREES AS FOLLOWS:obligations, and

Appears in 1 contract

Samples: Fixture Filing and Security Agreement (Players International Inc /Nv/)

FOR THE PURPOSE OF SECURING. First: Payment when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (aincluding payment of amounts that would become due but for the operation of the automatic stay under Section 362(a) of the Bankruptcy Code, 11 U.S.C. 362(a)), of all obligations and liabilities of every nature of Mortgagor now or hereafter existing under or arising out of or in connection with that certain Guaranty of even date herewith executed by Mortgagor (and others) in favor of Mortgagee (as the same may be amended, modified or supplemented from time to time, the "Guaranty"). The Guaranty guaranties the obligations of Players International, Inc., a Nevada corporation ("Borrower") under that certain Credit Agreement executed concurrently herewith by Borrower, First Interstate Bank of Nevada, N.A., and Bankers Trust Company, as Managing Agents, BT Securities Corporation, as a Co-Arranger, and the Lenders listed therein as lenders (the "Lenders") and First Interstate Bank of Nevada, N.A., as a Co-Arranger and Administrative Agent, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the "Credit Agreement"), and the promissory notes issued to the Lenders to evidence such obligations and liabilities, together with any and all renewals, extensions, amendments, modifications, rearrangements, replacements, restatements, substitutions and addendums thereof or thereto (herein referred to as the "Notes"), whether for principal in the amount of One Hundred Twenty Million Dollars ($120,000,000) or such principal amount as may be advanced and remain unpaid or for interest (including, without limitation, interest that, but for the filing of a petition in bankruptcy with respect to Mortgagor, would accrue on such obligations), reimbursement of amounts drawn under letters of credit, fees, expenses, indemnities or otherwise, whether voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or 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 Mortgagee or any such Lender as a preference, fraudulent transfer or otherwise. Second: Payment and performance of each and every obligation, covenant covenant, promise and agreement of Borrower Mortgagor herein contained in the Note and any amendment or supplement thereto(excepting, extension or renewal thereof or replacement therefor; (b) Payment of all other sums agreed to be paid by Borrower pursuant to the Notehowever, the Loan Agreement or any other agreement between Borrower and Lender with respect to this loan and performance of all other obligations of Borrower thereunder; (cMortgagor under Section 5(c) Payment of all hereof), or incorporated herein by reference, including any sums paid or advanced by or on behalf of Trustee or Lender as herein authorized to protect the Trust Estate, with interest thereon at the rate of interest called for by the Note; (d) Performance of every obligation, covenant and agreement of Borrower contained herein; (e) Payment of all other sums, with interest thereon, which may hereafter be loaned to Borrower, or its successors or assigns, by Lender or its successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust; (f) Performance of every obligation, covenant and agreement of Borrower contained in any agreement now or hereafter executed by Borrower which recites that the obligations thereunder are secured by this Deed of Trust; (g) Compliance with and performance of each and every provision of any declaration of covenants, conditions or restrictions pertaining to the Trust Estate or any portion thereof; and, (h) Payment of all sums, with interest thereon at the rate of interest called for by the Note, that may become due and payable to or for the benefit of Lender or Trustee Mortgagee pursuant to the terms hereof. This Deed of Trust, the Note, and any other deed of trust, mortgage, security agreement, guaranty or other instrument given to evidence or further secure the payment or performance of any obligation secured hereby may hereafter be collectively referred to as the "Financing Documents. " TO PROTECT THE PREMISES AND THE SECURITY GRANTED BY THIS DEED OF TRUST, BORROWER HEREBY COVENANTS AND AGREES AS FOLLOWS:.

Appears in 1 contract

Samples: Players International Inc /Nv/

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FOR THE PURPOSE OF SECURING. (ai) Payment the payment of the Loan and performance of each all interest, late charges, LIBOR breakage charges (if any), exit fee (if any), reimbursement obligations, fees and every obligationexpenses, covenant and agreement of Borrower contained in the Note and any amendment if any, other indebtedness evidenced by or supplement thereto, extension or renewal thereof or replacement therefor; (b) Payment of all other sums agreed to be paid by Borrower pursuant to owing under the Note, any of the Loan Agreement Documents, together with any extensions, modifications, renewals or refinancings of any of the foregoing; (ii) any and all obligations of Borrower to Lender or to any affiliate of Lender, whether now owing or existing or later arising or created, owed absolutely or contingently, whether evidenced or acquired (including all renewals, extensions, and modifications thereof or substitutions), under any agreement, device or arrangement designed to protect Borrower from fluctuations of interest rates, exchange rates or forward rates, including, but not limited to, dollar-denominated or cross-currency exchange agreements, foreign currency exchange agreements, interest rate caps, collars or floors, forward rate currency or interest rate options, puts, warrants, swaps, swaptions, U.S. Treasury locks and U.S. Treasury options, (iii) any other interest rate hedging transactions, such as, but not limited to, managing the Borrower’s interest rate risk associated with any pending or potential capital market transactions such as fixed rate bond issues, (iv) any and all cancellations, buybacks, reversals, terminations or assignments of any of the foregoing, (v) all other indebtedness owed by Borrower to Lender; (vi) the performance and observance of the covenants, conditions, agreements, representations, warranties and other liabilities and obligations of Borrower or any other agreement obligor to or benefiting Lender which are evidenced or secured by or otherwise provided in the Note, this Deed of Trust or any of the Loan Documents, any interest rate swap or hedge agreements now or hereafter entered into between Borrower and Lender; and (vii) the reimbursement to Lender with respect to this loan of any and performance of all other obligations of Borrower thereunder; (c) Payment of all sums incurred, expended or advanced by Lender pursuant to any term or on behalf provision of Trustee or Lender as herein authorized to protect the Trust Estate, with interest thereon at the rate of interest called for by the Note; (d) Performance of every obligation, covenant and agreement of Borrower contained herein; (e) Payment of all other sums, with interest thereon, which may hereafter be loaned to Borrower, constituting additional indebtedness under or its successors or assigns, by Lender or its successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust; (f) Performance , any of every obligationthe Loan Documents, covenant and agreement of Borrower contained in or any agreement interest rate swap or hedge agreements now or hereafter executed by entered into between Borrower which recites that the obligations thereunder are secured by this Deed of Trust; (g) Compliance with and performance of each and every provision of any declaration of covenants, conditions or restrictions pertaining to the Trust Estate or any portion thereof; and, (h) Payment of all sumsLender, with interest thereon at as provided herein or therein (collectively, “Indebtedness”). In no event shall this Deed of Trust secure payment of any installment loan or any open-end line of credit established under Chapters 342, 343, and 346, respectively, of the rate of interest called for Texas Finance Code, as supplemented by the Note, that may become due and payable to or for the benefit of Lender or Trustee pursuant to the terms hereof. This Deed of Trust, the Note, and any other deed of trust, mortgage, security agreement, guaranty or other instrument given to evidence or further secure the payment or performance of any obligation secured hereby may hereafter be collectively referred to as the "Financing Documents. " TO PROTECT THE PREMISES AND THE SECURITY GRANTED BY THIS DEED OF TRUST, BORROWER HEREBY COVENANTS AND AGREES AS FOLLOWS:Texas Credit Title.

Appears in 1 contract

Samples: Grubb & Ellis Healthcare REIT, Inc.

FOR THE PURPOSE OF SECURING. A. Payment when due, whether at stated maturity, by required prepayment, declaration, acceleration, demand or otherwise (aincluding payment of amounts that would become due but for the operation of the automatic stay under Section 362(a) Payment of the Bankruptcy Code, 11 U.S.C. §362(a)), of: (i) the principal sum which is, at any time, advanced and performance of each and every obligation, covenant and agreement of Borrower contained unpaid under the Credit Facility (as defined in the Note and Credit Agreement, referred to below), not to exceed Fifty Million Dollars ($50,000,000.00) at any amendment or supplement theretoone time, extension or renewal thereof or replacement thereforall on a revolving line of credit basis; (bii) Payment interest and other charges accrued on said principal sum, or accrued on interest and other charges then outstanding under the Credit Facility (all including, without limitation, interest and other charges that, but for the filing of all other sums agreed to be paid by Borrower pursuant to the Note, the Loan Agreement or any other agreement between Borrower and Lender a petition in bankruptcy with respect to this loan any of the Borrowers (referred to below) would accrue on such obligations); and performance of all (iii) any other obligations of Borrower thereunder; (c) Payment of all sums advanced by or on behalf of Trustee or Lender as herein authorized to protect the Trust Estate, with interest thereon at the rate of interest called for by the Note; (d) Performance of every obligation, covenant and agreement of Borrower contained herein; (e) Payment of all other sums, with interest thereon, which may hereafter be loaned to BorrowerBorrowers, or its successors any or assignsthem, by Lender or its successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trustunder the RLC Note referred to below; (f) Performance of every obligation, covenant and agreement of Borrower contained in any agreement now or hereafter executed by Borrower which recites that the obligations thereunder are secured by this Deed of Trust; (g) Compliance with and performance of each and every provision of any declaration of covenants, conditions or restrictions pertaining to the Trust Estate or any portion thereof; and, (h) Payment of all sums, with interest thereon at the rate of interest called for by the Note, that may become due and payable to or for the benefit of Lender or Trustee pursuant according to the terms hereof. This Deed of Trusta Revolving Credit Note dated March 28, 2003 which: (aa) is made by the Original Borrowers (referred to below); (bb) has been assumed by Mortgagor, on a joint and several basis with the Original Borrowers, pursuant to an Assumption and Consent Agreement dated concurrently, or substantially concurrent, herewith, executed by Mortgagor and Mortgagee (the "Assumption Agreement"); (cc) is payable to the order of Mortgagee according to the tenor and effect of said Revolving Credit Note; and (dd) has a maturity date of April 1, 2008, subject to Mortgagee's right to accelerate the makers' obligations thereunder pursuant to Mortgagee's rights and any remedies under the Loan Documents (which are defined in the Credit Agreement); and all renewals, extensions, amendments, restatements, replacements, substitutions and other deed modifications of trust, mortgage, security agreement, guaranty or other instrument given to evidence or further secure the payment or performance of any obligation secured hereby may hereafter be said Revolving Credit Note (hereinafter collectively referred to as the "Financing Documents. " TO PROTECT THE PREMISES AND THE SECURITY GRANTED BY THIS DEED OF TRUST, BORROWER HEREBY COVENANTS AND AGREES AS FOLLOWS:RLC Note").

Appears in 1 contract

Samples: MTR Gaming Group Inc

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