Common use of GRANT OF LIEN Clause in Contracts

GRANT OF LIEN. To secure the full and timely payment, performance and discharge of all of the Senior Secured Note Obligations, Mortgagor hereby irrevocably GRANTS, BARGAINS, SELLS, ASSIGNS, TRANSFERS, MORTGAGES, CONVEYS AND CONFIRMS unto Mortgagee, WITH POWER OF SALE and right of entry and possession, for the use and benefit of Mortgagee, as Collateral Agent and Trustee pursuant to the Indenture, all right, title, interest and estate in, to and under the Mortgaged Property, subject, however, to the Permitted Liens; TO HAVE AND TO HOLD the Mortgaged Property unto Mortgagee, subject to the terms and conditions of this Mortgage, with POWER OF SALE, forever, and Mortgagor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Property unto Mortgagee against every Person whomsoever lawfully claiming or to claim the same or any part thereof; provided, however, that if Mortgagor shall pay (or cause to be paid) and perform and discharge (or cause to be performed and discharged) all of the Senior Secured Note Obligations on or before the date on which the same are to be paid, performed and discharged, then the Liens, estates and rights granted by this Mortgage shall cease and terminate.

GRANT OF LIEN. To secure the full and timely payment, performance and discharge of all of the Senior Secured Note Obligations, Mortgagor hereby irrevocably GRANTS, BARGAINS, SELLS, ASSIGNS, TRANSFERS, MORTGAGES, WARRANTS, CONVEYS AND CONFIRMS unto Mortgagee, WITH POWER OF SALE and right of entry and possession, for the use and benefit of Mortgagee, as Collateral Agent and Trustee pursuant to the Indenture, all right, title, interest and estate in, to and under the Mortgaged Property, subject, however, to the Permitted Liens; TO HAVE AND TO HOLD the Mortgaged Property unto Mortgagee, subject to the terms and conditions of this Mortgage, with POWER OF SALE, forever, and Mortgagor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Property unto Mortgagee against every Person whomsoever lawfully claiming or to claim the same or any part thereof; provided, however, that if Mortgagor shall pay (or cause to be paid) and perform and discharge (or cause to be performed and discharged) all of the Senior Secured Note Obligations on or before the date on which the same are to be paid, performed and discharged, then the Liens, estates and rights granted by this Mortgage shall cease and terminate.

GRANT OF LIEN. To secure the full and timely payment, performance and discharge of all of the Senior Secured Note Obligations, Mortgagor Trustor hereby irrevocably GRANTS, BARGAINS, SELLS, ASSIGNS, TRANSFERSTRANSFERS and CONVEYS unto Trustee and Trustee's successors, MORTGAGES, CONVEYS AND CONFIRMS unto Mortgageeassigns and substitutes in trust hereunder, WITH POWER OF SALE and right of entry and possession, for the use and benefit of MortgageeBeneficiary, in its capacity as Collateral Administrative Agent for the Lenders, the real and Trustee pursuant to the Indenturepersonal property, all right, title, interest and estate in, to and under the Mortgaged Trust Property, subject, however, to the Permitted Liens; TO HAVE AND TO HOLD the Mortgaged Trust Property unto MortgageeTrustee and Trustee's successors, assigns and substitutes in trust hereunder, subject to the terms and conditions of this MortgageDeed of Trust, with POWER OF SALE, forever, and Mortgagor Trustor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Trust Property unto Mortgagee Beneficiary against every Person whomsoever lawfully claiming or to claim the same or any part thereofpart, subject, however, to the Permitted Liens; provided, however, that if Mortgagor Trustor shall pay (or cause to be paid) and perform and discharge (or cause to be performed and discharged) all of the Senior Secured Note Obligations on or before the date on which the same are to be paid, performed and discharged, then the Liens, Liens estates and rights granted by this Mortgage Deed of Trust shall cease and terminate.

GRANT OF LIEN. To secure the full and timely payment, performance and discharge of all of the Senior Secured Note Obligations, Mortgagor Trustor hereby irrevocably GRANTS, BARGAINS, SELLS, ASSIGNS, TRANSFERSTRANSFERS and CONVEYS unto Trustee and Trustee's successors, MORTGAGES, CONVEYS AND CONFIRMS unto Mortgageeassigns and substitutes in trust hereunder, WITH POWER OF SALE and right of entry and possession, for the use and benefit of MortgageeBeneficiary, as Collateral Agent and Trustee collateral agent for the Lenders pursuant to the IndentureFinancing Agreement, all the real and personal property, right, title, interest and estate in, to and under the Mortgaged Trust Property, subject, however, to the Permitted Liens; TO HAVE AND TO HOLD the Mortgaged Trust Property unto MortgageeTrustee and Trustee's successors, assigns and substitutes in trust hereunder, subject to the terms and conditions of this MortgageDeed of Trust, with POWER OF SALE, forever, and Mortgagor Trustor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Trust Property unto Mortgagee Beneficiary against every Person whomsoever lawfully claiming or to claim the same or any part thereofpart, subject, however, to the Permitted Liens; provided, however, that if Mortgagor Trustor shall pay (or cause to be paid) and perform and discharge (or cause to be performed and discharged) all of the Senior Secured Note Obligations on or before the date on which the same are to be paid, performed and discharged, then the Liens, Liens estates and rights granted by this Mortgage Deed of Trust shall cease and terminate.

GRANT OF LIEN. To secure the full and timely payment, performance and discharge of all of the Senior Secured Note ObligationsObligations (but as limited by this Mortgage), Mortgagor hereby irrevocably GRANTS, BARGAINS, SELLS, ASSIGNS, TRANSFERS, MORTGAGES, CONVEYS AND CONFIRMS unto Mortgagee, WITH POWER OF SALE and right of entry and possession, for the use and benefit of Mortgagee, acting on its own behalf and as Collateral Agent and Trustee pursuant to agent for the IndentureLenders, all right, title, interest and estate in, to and under the Mortgaged Property, subject, however, to the Permitted Liens; TO HAVE AND TO HOLD the Mortgaged Property unto Mortgagee, subject to the terms and conditions of this Mortgage, with POWER OF SALE, forever, and Mortgagor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Property unto Mortgagee against every Person whomsoever lawfully claiming or to claim the same or any part thereof; provided, however, that if Mortgagor shall pay (or cause to be paid) and perform and discharge (or cause to be performed and discharged) all of the Senior Secured Note Obligations on or before the date on which the same are to be paid, performed and discharged; in accordance with the Credit Agreement, then the Liensliens, estates and rights granted by this Mortgage shall cease and terminate.

GRANT OF LIEN. To secure the full and timely payment, performance and discharge of all of the Senior Secured Note Obligations, Mortgagor Trustor hereby irrevocably GRANTS, BARGAINS, SELLS, ASSIGNS, TRANSFERS, MORTGAGES, CONVEYS AND and CONFIRMS unto MortgageeTrustee and Trustee’s successors, assigns and substitutes in trust hereunder, WITH POWER OF SALE and right of entry and possession, for the use and benefit of MortgageeBeneficiary, as Collateral Agent trustee and Trustee as collateral agent for the Holders pursuant to the Indenture, all right, title, interest and estate in, to and under the Mortgaged Trust Property, subject, however, to the Permitted Liens; TO HAVE AND TO HOLD the Mortgaged Trust Property unto MortgageeTrustee and Trustee’s successors, assigns and substitutes in trust hereunder, subject to the terms and conditions of this MortgageDeed of Trust, with POWER OF SALE, forever, and Mortgagor Trustor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Trust Property unto Mortgagee Beneficiary against every Person whomsoever lawfully claiming or to claim the same or any part thereof, subject, however, to the Permitted Liens; provided, however, that if Mortgagor Trustor shall pay (or cause to be paid) and perform and discharge (or cause to be performed and discharged) all of the Senior Secured Note Obligations on or before the date on which the same are to be paid, performed and discharged, then the Liens, estates and rights granted by this Mortgage Deed of Trust shall cease and terminate.

GRANT OF LIEN. To secure the full and timely payment, performance and discharge of all of the Senior Secured Note Obligations, Mortgagor hereby irrevocably GRANTS, BARGAINS, SELLS, ASSIGNS, TRANSFERS, MORTGAGES, CONVEYS AND CONFIRMS unto Mortgagee, WITH POWER OF SALE and right of entry and possession, for the use and benefit of Mortgagee, as Collateral Administrative Agent and Trustee for the Lenders pursuant to the IndentureCredit Agreement, all right, title, interest and estate in, to and under the Mortgaged Property, subject, however, to the Permitted Liens; TO HAVE AND TO HOLD the Mortgaged Property unto Mortgagee, subject to the terms and conditions of this Mortgage, with POWER OF SALE, forever, and Mortgagor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Property unto Mortgagee against every Person whomsoever lawfully claiming or to claim the same or any part thereof; provided, however, that if Mortgagor shall pay (or cause to be paid) and perform and discharge (or cause to be performed and discharged) all of the Senior Secured Note Obligations on or before the date on which the same are to be paid, performed and discharged, then the Liens, estates and rights granted by this Mortgage shall cease and terminate.

GRANT OF LIEN. To secure (a) As of the full date of this Agreement and timely paymentduring any Unsecured Period, performance the Trustee and discharge the other Secured Parties shall not be entitled to nor have any lien on the Collateral. As security for all Obligations, each Grantor hereby grants to the Trustee during any First Priority Period, for the benefit of the Secured Parties, a continuing security interest in, lien on, assignment of and right of set-off against, the Collateral Account. As security for all Obligations, each Grantor hereby grants to the Trustee during any Secured Period and subject to the Intercreditor Agreement, for the benefit of the Secured Parties, a continuing security interest in, lien on, assignment of and right of set-off against, all of the Senior Secured Note Obligationsfollowing property and assets of such Grantor, Mortgagor hereby irrevocably GRANTSwhether now owned or existing or hereafter acquired or arising, BARGAINSregardless of where located, SELLSwhich lien and security interest shall, ASSIGNSsubject to Permitted Liens, TRANSFERS, MORTGAGES, CONVEYS AND CONFIRMS unto Mortgagee, WITH POWER OF SALE (1) during any Second Priority Period be subject and right of entry and possession, for the use and benefit of Mortgagee, as Collateral Agent and Trustee pursuant subordinate to the Indenture, all right, title, interest and estate in, to and under the Mortgaged Property, subject, however, lien granted to the Permitted Liens; TO HAVE AND TO HOLD First Priority Creditors securing the First Priority Indebtedness and (2) during any First Priority Period be a first-ranking lien: (i) all Equipment; (ii) Shared Collateral Proceeds Deposit Accounts; (iii) all accessions to, substitutions for and replacements, products and proceeds of the foregoing, including, but not limited to, proceeds of any insurance policies, claims against third parties, and condemnation or requisition payments with respect to all or any of the foregoing. The Collateral Account (during any First Priority Period) and all of the foregoing, together with the Mortgaged Property unto Mortgageecovered by the Mortgages and all other property of the Grantors in which the Trustee may at any time be granted a Lien as collateral for the Obligations, subject are herein collectively referred to as the terms and conditions “Collateral.” (b) All of this Mortgage, with POWER OF SALE, forever, and Mortgagor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Property unto Mortgagee against every Person whomsoever lawfully claiming or to claim the same or any part thereof; provided, however, that if Mortgagor Obligations shall pay (or cause to be paid) and perform and discharge (or cause to be performed and discharged) secured by all of the Senior Secured Note Obligations on or before the date on which the same are to be paid, performed and discharged, then the Liens, estates and rights granted by this Mortgage shall cease and terminateCollateral.

GRANT OF LIEN. To secure the full and timely payment, performance and discharge of all of the Senior Secured Note Obligations, Mortgagor hereby irrevocably GRANTS, BARGAINS, SELLS, ASSIGNS, TRANSFERS, MORTGAGES, CONVEYS AND CONFIRMS unto Mortgagee, WITH POWER OF SALE and right of entry and possession, for the use and benefit of Mortgagee, as Collateral Agent and Trustee collateral agent for the Lenders pursuant to the IndentureFinancing Agreement, all right, title, interest and estate in, to and under the Mortgaged Property, subject, however, to the Permitted Liens; TO HAVE AND TO HOLD the Mortgaged Property unto Mortgagee, subject to the terms and conditions of this Mortgage, with POWER OF SALE, forever, and Mortgagor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Property unto Mortgagee against every Person whomsoever lawfully claiming or to claim the same or any part thereof; provided, however, that if Mortgagor shall pay (or cause to be paid) and perform and discharge (or cause to be performed and discharged) all of the Senior Secured Note Obligations on or before the date on which the same are to be paid, performed and discharged, then the Liens, estates and rights granted by this Mortgage shall cease and terminate.

GRANT OF LIEN. (a) To secure the full and timely payment, performance and discharge of all of the Senior Secured Note Obligations, Mortgagor hereby irrevocably GRANTS, BARGAINS, SELLS, ASSIGNS, TRANSFERS, MORTGAGES, WARRANTS, CONVEYS AND and CONFIRMS unto Mortgagee, WITH POWER OF SALE and right of entry and possession, for the use and benefit of Mortgagee, as Collateral Agent and Trustee pursuant to for the Indenturebenefit of the Holders, all right, title, interest and estate in, to and under the Mortgaged Property, subject, however, to the Permitted LiensLiens and the Senior Lien granted by Mortgagor in favor of the Senior Lienholder; TO HAVE AND TO HOLD the Mortgaged Property unto Mortgagee, subject to the terms and conditions of this Mortgage, with POWER OF SALE, forever, and Mortgagor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND the title to the Mortgaged Property unto Mortgagee against every Person whomsoever lawfully claiming or to claim the same or any part thereof; provided, subject, however, that if to the Senior Lien and Permitted Liens and the terms and conditions contained herein. (b) The Liens, estates and rights granted by this Mortgage shall remain fully in effect and shall not cease and terminate until all the Obligations have been fully performed and discharged as provided in the Indenture. If Mortgagor shall pay (or cause to be paid) and perform and discharge (or cause to be performed and discharged) all of the Senior Secured Note Obligations on or before the date on which the same are to be paid, performed and discharged, then the Liens, estates and rights granted by this Mortgage shall cease and terminate.