Common use of Granting Clause Fifth Clause in Contracts

Granting Clause Fifth. All substitutes and replacements of, and all additions and improvements to, the Improvements, the Fixtures and the Equipment, subsequently acquired by Lessor or constructed, assembled or placed by Lessor on the Site, immediately upon such acquisition, release, construction, assembling or placement, including, without limitation, any and all building materials whether stored at the Property or offsite, and, in each such case, without any further mortgage, conveyance, assignment or other act by Lessor. Granting Clause Sixth --------------------- All estate, right, title and interest and other claim or demand that Lessor now has or may hereafter acquire with respect to any damage to the Site, the Improvements, the Fixtures or the Equipment and any and all proceeds of insurance (exclusive of Excepted Payments) in effect with respect to the Site, the Improvements, the Fixtures and the Equipment, and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the Site, the Improvements, the Fixtures or the Equipment, including without limitation any awards resulting from a change of grade of streets or as the result of any other damage to the Site, the Improvements, the Fixtures or the Equipment for which compensation shall be given by any governmental authority subject to the provisions of the Lease with respect to the collection and application of the same. Granting Clause Seventh ----------------------- All estate, right, title and interest of Lessor in and to all rights, royalties and profits in connection with all minerals, oil and gas and other hydrocarbon substances on or in the Property, development rights or credits, air rights, water, water rights (whether riparian, appropriative or otherwise and whether or not appurtenant) and water stock. Granting Clause Eighth ---------------------- All renewals, substitutions, improvements, accessions, attachments, additions, replacements and proceeds (including, without limitation, all proceeds from the exercise of any termination or purchase option or right under Articles 5, 14 , 15 and 20 of the Lease, payment of any Stipulated Loss Value, Premium or otherwise with respect to the Property, the Fixtures or the Equipment), both cash and noncash, of each of the foregoing and all conversions of the security constituted thereby. Granting Clause Ninth --------------------- Lessor's interest in the Guarantee, including without limitation, the present and continuing right to make claim for, collect, receive and make receipt for any and all payments under the Guarantee (exclusive of Excepted Rights and Excepted Payments). Granting Clause Tenth --------------------- All proceeds of any of the foregoing. BUT EXCLUDING, HOWEVER, from the Indenture Estate any and all Excepted Payments and Excepted Rights now existing or hereafter arising and the rights to collect and enforce the same and subject to the following provisions:

Granting Clause Fifth. All substitutes and replacements of, and all additions and improvements to, the Improvements, the Fixtures and the Equipment, subsequently acquired by Lessor or constructed, assembled or placed by Lessor on the Site, immediately upon such acquisition, release, construction, assembling or placement, including, without limitation, any and all building materials whether stored at the Property or offsite, and, in each such case, without any further mortgage, conveyance, assignment or other act by Lessor. Granting Clause Sixth --------------------- All estate, right, title and interest and other claim or demand that Lessor now has or may hereafter acquire with respect to any damage to the Site, the Improvements, the Fixtures or the Equipment and any and all proceeds of insurance (exclusive of Excepted Payments) in effect with respect to the Site, the Improvements, the Fixtures and the Equipment, and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the Site, the Improvements, the Fixtures or the Equipment, including without limitation any awards resulting from a change of grade of streets or as the result of any other damage to the Site, the Improvements, the Fixtures or the Equipment for which compensation shall be given by any governmental authority subject to the provisions of the Lease with respect to the collection and application of the same. Granting Clause Seventh ----------------------- All estate, right, title and interest of Lessor in and to all rights, royalties and profits in connection with all minerals, oil and gas and other hydrocarbon substances on or in the Property, development rights or credits, air rights, water, water rights (whether riparian, appropriative or otherwise and whether or not appurtenant) and water stock. Granting Clause Eighth ---------------------- All renewals, substitutions, improvements, accessions, attachments, additions, replacements and proceeds (including, without limitation, all proceeds from the exercise of any termination or purchase option or right under Articles 5, 14 14, 15 and 20 of the Lease, payment of any Stipulated Loss Value, Premium or otherwise with respect to the Property, the Fixtures or the Equipment), both cash and noncash, of each of the foregoing and all conversions of the security constituted thereby. Granting Clause Ninth --------------------- Lessor's interest in the Guarantee, including without limitation, the present and continuing right to make claim for, collect, receive and make receipt for any and all payments under the Guarantee (exclusive of Excepted Rights and Excepted Payments)Guarantee. Granting Clause Tenth --------------------- All proceeds of any of the foregoing. BUT EXCLUDING, HOWEVER, from the Indenture Estate any and all Excepted Payments and Excepted Rights now existing or hereafter arising and the rights to collect and enforce the same and subject to the following provisions:

Granting Clause Fifth. All substitutes and replacements of, and all additions and improvements to, of the Improvements, rights of Mortgagor as lessor under the Fixtures and the Equipment, subsequently acquired by Lessor or constructed, assembled or placed by Lessor Leases in effect on the Site, immediately upon such acquisition, release, construction, assembling date of execution of this Mortgage or placement, including, without limitation, any and all building materials whether stored at the Property or offsite, and, in each such case, without any further mortgage, conveyance, assignment or other act hereafter entered into by Lessor. Granting Clause Sixth --------------------- All estate, right, title and interest and other claim or demand that Lessor now has or may hereafter acquire with respect to any damage to the Site, the Improvements, the Fixtures or the Equipment and any and all proceeds of insurance (exclusive of Excepted Payments) in effect with respect to the Site, the Improvements, the Fixtures and the Equipment, and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the Site, the Improvements, the Fixtures or the EquipmentMortgagor, including without limitation any awards resulting from a change modifications, extensions and renewals of grade of streets or as the result of any other damage to the Site, the Improvements, the Fixtures or the Equipment for which compensation shall be given by any governmental authority subject to the provisions of the Lease with respect to the collection and application all of the same. Granting Clause Seventh ----------------------- All estate, right, title and interest of Lessor in and to all rights, royalties and profits in connection with all minerals, oil and gas and other hydrocarbon substances on or in the Property, development rights or credits, air rights, water, water rights (whether riparian, appropriative or otherwise and whether or not appurtenant) and water stock. Granting Clause Eighth ---------------------- All renewals, substitutions, improvements, accessions, attachments, additions, replacements and proceeds (including, without limitation, all proceeds from the exercise of any termination or purchase option or right under Articles 5, 14 , 15 and 20 of the Lease, payment of any Stipulated Loss Value, Premium or otherwise with respect to the Property, the Fixtures or the Equipment), both cash and noncash, of each of the foregoing and all conversions of the security constituted thereby. Granting Clause Ninth --------------------- Lessor's interest in the Guarantee, including without limitation, the present immediate and continuing right as security after the occurrence, and during the continuance, of an Event of Default, to (a) make claim for, collect, receive and make receipt for (and to apply the same as provided herein) any and all payments rents, fees, charges, income, revenues, issues, profits, security and other sums of money payable or receivable thereunder or pursuant thereto, and all proceeds thereof, whether payable as rent, insurance proceeds, condemnation awards, security or otherwise and whether payable prior to or subsequent to the Stated Maturity of the Senior Partnership Upstream Note, (b) receive and give notices and consents thereunder, (c) bring actions and proceedings thereunder or for the enforcement thereof, (d) make waivers and agreements thereunder or with respect thereto, (e) take such action upon the happening of a default under any Lease, including the Guarantee (exclusive of Excepted Rights commencement, conduct and Excepted Payments). Granting Clause Tenth --------------------- All proceeds consummation of any proceedings at law or in equity as shall be permitted by any provision of the foregoing. BUT EXCLUDINGany Lease, HOWEVER, from the Indenture Estate and (f) do any and all Excepted Payments and Excepted Rights now existing things which Mortgagor or hereafter arising and any lessor is or may become entitled to do under the rights to collect and enforce the same and subject Leases; provided that, except as may be set forth to the following provisions:contrary herein, the assignment made by this Granting Clause Fifth shall not impair or diminish any right, privilege or obligation of Mortgagor under the Leases nor shall any such obligation be imposed upon Mortgagee.

Granting Clause Fifth. All substitutes and replacements of, and all additions and improvements to, of the Improvements, rights of Mortgagor as lessor under the Fixtures and the Equipment, subsequently acquired by Lessor or constructed, assembled or placed by Lessor Leases in effect on the Site, immediately upon such acquisition, release, construction, assembling date of execution of this Mortgage or placement, including, without limitation, any and all building materials whether stored at the Property or offsite, and, in each such case, without any further mortgage, conveyance, assignment or other act hereafter entered into by Lessor. Granting Clause Sixth --------------------- All estate, right, title and interest and other claim or demand that Lessor now has or may hereafter acquire with respect to any damage to the Site, the Improvements, the Fixtures or the Equipment and any and all proceeds of insurance (exclusive of Excepted Payments) in effect with respect to the Site, the Improvements, the Fixtures and the Equipment, and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the Site, the Improvements, the Fixtures or the EquipmentMortgagor, including without limitation any awards resulting from a change modifications, extensions and renewals of grade of streets or as the result of any other damage to the Site, the Improvements, the Fixtures or the Equipment for which compensation shall be given by any governmental authority subject to the provisions of the Lease with respect to the collection and application all of the same. Granting Clause Seventh ----------------------- All estate, right, title and interest of Lessor in and to all rights, royalties and profits in connection with all minerals, oil and gas and other hydrocarbon substances on or in the Property, development rights or credits, air rights, water, water rights (whether riparian, appropriative or otherwise and whether or not appurtenant) and water stock. Granting Clause Eighth ---------------------- All renewals, substitutions, improvements, accessions, attachments, additions, replacements and proceeds (including, without limitation, all proceeds from the exercise of any termination or purchase option or right under Articles 5, 14 , 15 and 20 of the Lease, payment of any Stipulated Loss Value, Premium or otherwise with respect to the Property, the Fixtures or the Equipment), both cash and noncash, of each of the foregoing and all conversions of the security constituted thereby. Granting Clause Ninth --------------------- Lessor's interest in the Guarantee, including without limitation, the present immediate and continuing right as security after the occurrence, and during the continuance, of an Event of Default, to (a) make claim for, collect, receive and make receipt for (and to apply the same as provided herein) any and all payments rents, fees, charges, income, revenues, issues, profits, security and other sums of money payable or receivable thereunder or pursuant thereto, and all proceeds thereof, whether payable as rent, insurance proceeds, condemnation awards, security or otherwise and whether payable prior to or subsequent to the Stated Maturity of the Senior Partnership Note, (b) receive and give notices and consents thereunder, (c) bring actions and proceedings thereunder or for the enforcement thereof, (d) make waivers and agreements thereunder or with respect thereto, (e) take such action upon the happening of a default under any Lease, including the Guarantee (exclusive of Excepted Rights commencement, conduct and Excepted Payments). Granting Clause Tenth --------------------- All proceeds consummation of any proceedings at law or in equity as shall be permitted by any provision of the foregoing. BUT EXCLUDINGany Lease, HOWEVER, from the Indenture Estate and (f) do any and all Excepted Payments and Excepted Rights now existing things which Mortgagor or hereafter arising and any lessor is or may become entitled to do under the rights to collect and enforce the same and subject Leases; provided that, except as may be set forth to the following provisions:contrary herein, the assignment made by this Granting Clause Fifth shall not impair or diminish any right, privilege or obligation of Mortgagor under the Leases nor shall any such obligation be imposed upon Mortgagee.

Granting Clause Fifth. All substitutes and replacements of, and all additions and improvements to, of the Improvements, rights of Mortgagor as lessor under the Fixtures and the Equipment, subsequently acquired by Lessor or constructed, assembled or placed by Lessor Leases in effect on the Site, immediately upon such acquisition, release, construction, assembling date of execution of this TCHI Note Guarantee Mortgage or placement, including, without limitation, any and all building materials whether stored at the Property or offsite, and, in each such case, without any further mortgage, conveyance, assignment or other act hereafter entered into by Lessor. Granting Clause Sixth --------------------- All estate, right, title and interest and other claim or demand that Lessor now has or may hereafter acquire with respect to any damage to the Site, the Improvements, the Fixtures or the Equipment and any and all proceeds of insurance (exclusive of Excepted Payments) in effect with respect to the Site, the Improvements, the Fixtures and the Equipment, and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the Site, the Improvements, the Fixtures or the EquipmentMortgagor, including without limitation any awards resulting from a change modifications, extensions and renewals of grade of streets or as the result of any other damage to the Site, the Improvements, the Fixtures or the Equipment for which compensation shall be given by any governmental authority subject to the provisions of the Lease with respect to the collection and application all of the same. Granting Clause Seventh ----------------------- All estate, right, title and interest of Lessor in and to all rights, royalties and profits in connection with all minerals, oil and gas and other hydrocarbon substances on or in the Property, development rights or credits, air rights, water, water rights (whether riparian, appropriative or otherwise and whether or not appurtenant) and water stock. Granting Clause Eighth ---------------------- All renewals, substitutions, improvements, accessions, attachments, additions, replacements and proceeds (including, without limitation, all proceeds from the exercise of any termination or purchase option or right under Articles 5, 14 , 15 and 20 of the Lease, payment of any Stipulated Loss Value, Premium or otherwise with respect to the Property, the Fixtures or the Equipment), both cash and noncash, of each of the foregoing and all conversions of the security constituted thereby. Granting Clause Ninth --------------------- Lessor's interest in the Guarantee, including without limitation, the present immediate and continuing right as security after the occurrence, and during the continuance, of an Event of Default, to (a) make claim for, collect, receive and make receipt for (and to apply the same as provided herein) any and all payments rents, fees, charges, income, revenues, issues, profits, security and other sums of money payable or receivable thereunder or pursuant thereto, and all proceeds thereof, whether payable as rent, insurance proceeds, condemnation awards, security or otherwise and whether payable prior to or subsequent to the Stated Maturity of the TCHI Notes, (b) receive and give notices and consents thereunder, (c) bring actions and proceedings thereunder or for the enforcement thereof, (d) make waivers and agreements thereunder or with respect thereto, (e) take such action upon the happening of a default under any Lease, including the Guarantee (exclusive of Excepted Rights commencement, conduct and Excepted Payments). Granting Clause Tenth --------------------- All proceeds consummation of any proceedings at law or in equity as shall be permitted by any provision of the foregoing. BUT EXCLUDINGany Lease, HOWEVER, from the Indenture Estate and (f) do any and all Excepted Payments and Excepted Rights now existing things which Mortgagor or hereafter arising and any lessor is or may become entitled to do under the rights to collect and enforce the same and subject Leases; provided that, except as may be set forth to the following provisions:contrary herein, the assignment made by this Granting Clause Fifth shall not impair or diminish any right, privilege or obligation of Mortgagor under the Leases nor shall any such obligation be imposed upon Mortgagee.

Granting Clause Fifth. All substitutes and replacements of, and all additions and improvements to, of the Improvements, rights of Mortgagor as lessor under the Fixtures and the Equipment, subsequently acquired by Lessor or constructed, assembled or placed by Lessor Leases in effect on the Site, immediately upon such acquisition, release, construction, assembling date of execution of this Senior Guarantee Mortgage or placement, including, without limitation, any and all building materials whether stored at the Property or offsite, and, in each such case, without any further mortgage, conveyance, assignment or other act hereafter entered into by Lessor. Granting Clause Sixth --------------------- All estate, right, title and interest and other claim or demand that Lessor now has or may hereafter acquire with respect to any damage to the Site, the Improvements, the Fixtures or the Equipment and any and all proceeds of insurance (exclusive of Excepted Payments) in effect with respect to the Site, the Improvements, the Fixtures and the Equipment, and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the Site, the Improvements, the Fixtures or the EquipmentMortgagor, including without limitation any awards resulting from a change modifications, extensions and renewals of grade of streets or as the result of any other damage to the Site, the Improvements, the Fixtures or the Equipment for which compensation shall be given by any governmental authority subject to the provisions of the Lease with respect to the collection and application all of the same. Granting Clause Seventh ----------------------- All estate, right, title and interest of Lessor in and to all rights, royalties and profits in connection with all minerals, oil and gas and other hydrocarbon substances on or in the Property, development rights or credits, air rights, water, water rights (whether riparian, appropriative or otherwise and whether or not appurtenant) and water stock. Granting Clause Eighth ---------------------- All renewals, substitutions, improvements, accessions, attachments, additions, replacements and proceeds (including, without limitation, all proceeds from the exercise of any termination or purchase option or right under Articles 5, 14 , 15 and 20 of the Lease, payment of any Stipulated Loss Value, Premium or otherwise with respect to the Property, the Fixtures or the Equipment), both cash and noncash, of each of the foregoing and all conversions of the security constituted thereby. Granting Clause Ninth --------------------- Lessor's interest in the Guarantee, including without limitation, the present immediate and continuing right as security after the occurrence, and during the continuance, of an Event of Default, to (a) make claim for, collect, receive and make receipt for (and to apply the same as provided herein) any and all payments rents, fees, charges, income, revenues, issues, profits, security and other sums of money payable or receivable thereunder or pursuant thereto, and all proceeds thereof, whether payable as rent, insurance proceeds, condemnation awards, security or otherwise and whether payable prior to or subsequent to the Stated Maturity of the Senior Notes, (b) receive and give notices and consents thereunder, (c) bring actions and proceedings thereunder or for the enforcement thereof, (d) make waivers and agreements thereunder or with respect thereto, (e) take such action upon the happening of a default under any Lease, including the Guarantee (exclusive of Excepted Rights commencement, conduct and Excepted Payments). Granting Clause Tenth --------------------- All proceeds consummation of any proceedings at law or in equity as shall be permitted by any provision of the foregoing. BUT EXCLUDINGany Lease, HOWEVER, from the Indenture Estate and (f) do any and all Excepted Payments and Excepted Rights now existing things which Mortgagor or hereafter arising and any lessor is or may become entitled to do under the rights to collect and enforce the same and subject Leases; provided that, except as may be set forth to the following provisions:contrary herein, the assignment made by this Granting Clause Fifth shall not impair or diminish any right, privilege or obligation of Mortgagor under the Leases nor shall any such obligation be imposed upon Mortgagee.