Lien of Mortgage. The Mortgage (excluding the Supplemental Indenture) constitutes, and at the Closing Time the Mortgage will constitute, a valid first lien upon and security interest in the interest held by the Company in its property covered by the Mortgage, subject to no mortgage, pledge, lien, security interest, charge or other encumbrance of any kind (collectively, “Liens”) prior to the lien of the Mortgage except “permitted liens” (as defined in the Mortgage) and other Liens permitted by the Mortgage and to such other matters as do not materially affect the security for the Securities. The Mortgage (excluding the Supplemental Indenture) by its terms effectively subjects, and at and after the Closing Time the Mortgage by its terms will effectively subject, to the lien thereof all property (except property of the kinds specifically excepted from the lien of the Mortgage) acquired by the Company after the date of the execution and delivery of the Mortgage, subject to no Lien prior to the lien of the Mortgage except (A) “permitted liens” (as defined in the Mortgage), (B) any Lien thereon existing at the time of such acquisition, (C) any Lien for unpaid portions of the purchase price thereof placed thereon at the time of such acquisition, (D) with respect to real property, any Lien placed thereon following the acquisition thereof by the Company and prior to the recording and filing of a supplemental indenture or other instrument specifically describing such real property, (E) as otherwise provided in Article XII of the Mortgage, (F) except for possible claims in bankruptcy and possible claims for taxes and (G) such other matters as would not materially affect the security for the Securities. At the Closing Time, the Mortgage (except for the Supplemental Indenture) will have been duly recorded, and the Supplemental Indenture will have been duly filed for recordation as a mortgage of real estate in the only counties in which any real property subject to the lien of the Mortgage is located, and all requisite steps will have been taken to perfect the security interest of the Mortgage in personal property of the Company; and at the Closing Time all taxes and recording and filing fees required to be paid with respect to the execution, recording or filing of the Mortgage, the filing of financing statements and similar documents and the issuance of the Securities will have been paid.
Lien of Mortgage. The Mortgage Indenture, subject only to the qualifications set forth in Section 1(r) hereof and to such other matters as do not materially affect the security for the Mortgage Bonds, constitutes a valid, direct first mortgage lien upon the Mortgaged Property, which includes substantially all of the fixed property of the Company and the franchises and permits of the Company pertaining to the operation of such property, and all property (to the extent such property constitutes Mortgaged Property) acquired by the Company after the execution and delivery of the Supplemental Indenture will, upon such acquisition, become subject to the lien of the Mortgage Indenture to the extent provided therein, subject, however, to Permissible Encumbrances, to liens, if any, existing or placed thereon at the time of the acquisition thereof by the Company and to any rights or equities of others attaching under applicable local law in the absence of notice of the lien of the Mortgage Indenture by filing, recordation or otherwise.
Lien of Mortgage. The Mortgage constitutes a direct and valid lien upon all of the properties and assets of the Company specifically or generally described or referred to in the Mortgage as being subject to the lien thereof, subject only to Permitted Encumbrances, and will create a similar lien upon all properties and assets acquired by the Company after the date hereof which are required to be subjected to the lien of the Mortgage, when acquired by the Company, subject only to the exceptions referred to in the Mortgage and Permitted Encumbrances, and subject, further to the recordation of a supplement to the Mortgage describing such after-acquired property; the descriptions of all such properties and assets contained in the granting clauses of the Mortgage are correct and adequate for the purposes of the Mortgage; and the Mortgage (including the Twenty-Fifth Supplemental Mortgage Indenture) has been duly recorded as a mortgage and deed of trust of real estate, and any required filings with respect to personal property and fixtures subject to the lien of the Mortgage have been duly made in each place in which such recording or filing is required to protect, preserve and perfect the lien of the Mortgage; and all taxes and recording and filing fees required to be paid with respect to the execution, recording or filing of the Mortgage (including the Twenty-Fifth Supplemental Mortgage Indenture), the filing of financing statements related thereto and similar documents and the issuance of the Notes have been paid.
Lien of Mortgage. United States Exploration, Inc. (herein called "Mortgagor"), in order to secure the payment of the secured indebtedness hereinafter referred to and the performance of the obligations, covenants, agreements, warranties and undertakings of Mortgagor hereinafter described, does hereby MORTGAGE to ING U.S. Capital Corporation, Agent (herein called "Mortgagee"), and grant to Mortgagee a POWER OF SALE (pursuant to this Mortgage and applicable law) with respect to, the following (the "Mortgaged Properties"):
A. The oil, gas and/or other mineral leases or properties which are described in Exhibit A-1 attached hereto and made a part hereof;
B. The entire interest in those certain Oil and Gas leases from Union Pacific Resources Company and/or Union Pacific Land Resources Corporation to Mortgagor dated as of May 15, 1998, covering the lands described in Exhibit A-2 attached hereto and made a part hereof.
C. Without limitation of the foregoing, all other right, title and interest of Mortgagor of whatever kind or character (whether now owned or hereafter acquired by operation of law or otherwise) in and to (i) the oil, gas and/or mineral leases or other agreements described in Exhibit A-1 hereto and (ii) the lands described or referred to in Exhibit A-1 or A-2 (or described in any of the instruments described or referred to in Exhibit A-1 or A-2), without regard to any limitations as to specific lands or depths that may be set forth in Exhibit A-1 or A-2 hereto or in any of the leases or other agreements described in Exhibit A-1 or A-2 hereto.
D. All of Mortgagor's interest (whether now owned or hereafter acquired by operation of law or otherwise) in and to all presently existing and hereafter created oil, gas and/or mineral unitization, pooling and/or communitization agreements, declarations and/or orders, and in and to the properties, rights and interests covered and the units created thereby (including, without limitation, units formed under orders, rules, regulations or other official acts of any federal, state or other authority having jurisdiction), which cover, affect or otherwise relate to the properties, rights and interests described in clause A or B above;
E. All of Mortgagor's interest in and rights under (whether now owned or hereafter acquired by operation of law or otherwise) all presently existing and hereafter created operating agreements, equipment leases, production sales contracts, processing agreements, transportation agreements, gas balancing agre...
Lien of Mortgage. (a) The Mortgage creates valid and enforceable Liens against the Mortgaged Property described therein, free and clear of all Liens, other than Permitted Liens (as defined in the Mortgage).
(b) Subject only to the delivery of the Collateral Deliverables required under Section 5.15 following a Springing Lien Trigger Date, at all times after the Springing Lien Security Delivery Date, the Obligations will be secured by the Collateral on an equal and ratable basis with the obligations (to the extent such obligations are secured by the Collateral) under the Existing Notes and the Existing Revolving Credit Agreement.
Lien of Mortgage. The Mortgage Indenture is a first lien (subject to no prior liens, charges, encumbrances or security interests, except current taxes and assessments not yet due and minor encumbrances which do not materially impair the use of such property for the purpose for which it is held by the Company) duly filed and recorded, on substantially all of the Company’s tangible properties and franchises (other than items purchased for resale in the ordinary course of business) and (subject to the necessity for particular filings and recordings in the case of certain personal property such as railroad rolling stock) will constitute a like lien on any such properties hereafter acquired by the Company except that any such after-acquired property will be subject to prior liens and encumbrances, if any, existing when acquired by the Company, except that the Mortgage Indenture will not become a lien upon after-acquired real property in a new county until it has been duly filed and recorded and except that the Mortgage Indenture may not be effective as to property acquired subsequent to the filing of a case with respect to the Company under the Bankruptcy Code (defined as Title 11, United States Code, Section 1 et seq., as amended).
Lien of Mortgage. To Borrower's knowledge, after consultation with counsel and the Title Insurer, the Building Loan Mortgage will, upon recordation thereof be a good and valid first lien on Borrower=s leasehold interest in the Premises (other than intangible personal property), subject to the Permitted Encumbrances, and upon such filing and recordation and the filing of the UCC Financing Statements in the proper offices, Agent will have a perfected, good and valid first security interest in all items of personal property described in the granting clause of the Building Loan Mortgage, the Security Agreement and the Assignment of Contracts, subject to the Permitted Encumbrances;
Lien of Mortgage. The Mortgage creates valid and enforceable Liens against the Mortgaged Property described therein, free and clear of all Liens, other than Permitted Liens (as defined in the Mortgage).
Lien of Mortgage. The Mortgage constitutes a direct and valid Lien upon all of the properties and assets of the Company specifically or generally described or referred to in the Mortgage as being subject to the Lien thereof, subject only to Permitted Encumbrances, and will create a similar Lien upon all properties and assets acquired by the Company after the date hereof which are required to be subjected to the Lien of the Mortgage, when acquired by the Company, subject only to the exceptions referred to in the Mortgage and Permitted Encumbrances, and subject, further to the recordation of a supplement to the Mortgage describing such after‑acquired property; the descriptions of all such properties and assets contained in the granting clauses of the Mortgage are correct and adequate for the purposes of the Mortgage; and the Mortgage (including the First Supplement) has been duly recorded as a mortgage and deed of trust of real estate, and any required filings with respect to personal property and fixtures subject to the Lien of the Mortgage have been duly made in each place in which such recording or filing is required to protect, preserve and perfect the Lien of the Mortgage; and all taxes and recording and filing fees required to be paid with respect to the execution, recording or filing of the Mortgage (including the First Supplement), the filing of financing statements related thereto and similar documents and the issuance of the Notes have been paid.
Lien of Mortgage. The Lien granted to the Lender pursuant to the Mortgage constitutes and will, upon proper recording, constitute a valid perfected first-priority Lien under applicable Law, and the property secured thereby is subject to no other Liens or encumbrances except for the Permitted Encumbrances. All action as is necessary or advisable to establish such Lien and its priority, as described in the preceding sentence, including recordation of the Mortgage in the appropriate offices, will be taken promptly on the Closing Date, and there will be, upon execution, delivery and recordation of the Mortgage, no necessity for any further action in order to protect, preserve and continue such Lien and such priority.
