Common use of Lien Status Clause in Contracts

Lien Status. Except as otherwise expressly provided in the Indenture, Mortgagor shall not place, or permit to be placed, or otherwise mortgage, hypothecate or encumber the Mortgaged Property, or any portion thereof or interest therein, with any other Lien or security interest of any nature whatsoever (statutory, constitutional or contractual), other than Permitted Liens, regardless of whether such Lien or security interest is inferior to the Lien and security interest created by this Mortgage, and, if any such Lien or security interest is asserted against the Mortgaged Property, Mortgagor shall promptly, at its own cost and expense, (a) pay the underlying claim in full (except for so long as such claim is being contested by Mortgagor in good faith and as and to the extent permitted in accordance with the terms of the Indenture) or take such other action as may be necessary to cause the same to be released of record and otherwise, and (b) within five (5) days after the date on which such Lien or security interest is so asserted, give Mortgagee notice of such Lien or security interest. Such notice shall specify who is asserting such Lien or security interest and shall detail the origin and nature of the underlying claim giving rise to such asserted Lien or security interest.

Lien Status. Except as otherwise expressly provided in the IndentureLoan Documents, Mortgagor shall not place, or permit to be placed, or otherwise mortgage, hypothecate or encumber the Mortgaged Property, or any portion thereof or interest therein, with any other Lien lien or security interest of any nature whatsoever (statutory, constitutional or contractual), other than Permitted Liens, regardless of whether such Lien lien or security interest is inferior to the Lien lien and security interest created by this Mortgage, and, if any such Lien lien or security interest is asserted against the Mortgaged Property, Mortgagor shall promptly, at its own cost and expense, (a) pay the underlying claim in full (except for so long as such claim is being contested by Mortgagor in good faith and as and to the extent permitted in accordance with the terms of the IndentureLoan Documents) or take such other action as may be necessary to cause the same to be released of record and otherwise, and (b) within five (5) business days after the date on which Mortgagor receives notice that such Lien lien or security interest is so asserted, give Mortgagee notice of such Lien lien or security interest. Such notice shall specify who is asserting such Lien lien or security interest and shall detail the origin and nature of the underlying claim giving rise to such asserted Lien lien or security interest.

Lien Status. Except as otherwise expressly provided in the IndentureSPA or the Notes, Mortgagor shall not place, or permit to be placed, or otherwise mortgage, hypothecate or encumber the Mortgaged Property, or any portion thereof or interest therein, with any other Lien or security interest of any nature whatsoever (statutory, constitutional or contractual), other than Permitted Liens, regardless of whether such Lien or security interest is inferior to the Lien and security interest created by this Mortgage, and, if any such Lien or security interest is asserted against the Mortgaged Property, Mortgagor shall promptly, at its own cost and expense, (a) pay the underlying claim in full (except for so long as such claim is being contested by Mortgagor in good faith and as and to the extent permitted in accordance with the terms of the Indentureother Transaction Documents) or take such other action as may be necessary to cause the same to be released of record and otherwise, and (b) within five ten (510) days after the date on which such Lien or security interest is so asserted, give Mortgagee notice of such Lien or security interest. Such notice shall specify who is asserting such Lien or security interest and shall detail the origin and nature of the underlying claim giving rise to such asserted Lien or security interest.

Lien Status. Except as otherwise expressly provided in the IndentureLoan Agreement, Mortgagor shall not place, or permit to be placed, or otherwise mortgage, hypothecate or encumber the Mortgaged Property, or any portion thereof or interest therein, with any other mortgage, Lien or security interest of any nature whatsoever (statutory, constitutional or contractual), other than Permitted LiensEncumbrances, regardless of whether such mortgage, Lien or security interest is allegedly or expressly inferior to the mortgage, Lien and security interest created by this Mortgage, and, if any such mortgage, Lien or security interest is asserted against the Mortgaged Property, Mortgagor shall promptly, at its own cost and expense, (a) pay the underlying claim in full (except for so long as such claim is being contested by Mortgagor in good faith and as and to the extent permitted in accordance with the terms of the IndentureLoan Agreement) or take such other action as may be necessary to cause the same to be released of record and otherwise, and (b) within five ten (510) days after the date on which such mortgage, Lien or security interest is so asserted, give Mortgagee notice of such mortgage, Lien or security interest. Such notice shall specify who is asserting such mortgage, Lien or security interest and shall detail the origin and nature of the underlying claim giving rise to such asserted mortgage, Lien or security interest.

Lien Status. Except as otherwise expressly provided in the IndentureCredit Agreement, Mortgagor shall not place, or permit to be placed, or otherwise mortgage, hypothecate or encumber the Mortgaged Property, or any portion thereof or interest therein, with any other Lien or security interest of any nature whatsoever (statutory, constitutional or contractual), other than Permitted Liens, regardless of whether such Lien or security interest is inferior to the Lien and security interest created by this Mortgage, and, if any such Lien or security interest is asserted against the Mortgaged Property, Mortgagor shall promptly, at its own cost and expense, (a) pay the underlying claim in full (except for so long as such claim is being contested by Mortgagor in good faith and as and to the extent permitted in accordance with the terms of the IndentureCredit Agreement) or take such other action as may be necessary to cause the same to be released of record and otherwise, and (b) within five ten (510) days after the date on which Mortgagor receives notice of such Lien or security interest is so assertedinterest, give Mortgagee notice of such Lien or security interest. Such notice shall specify who is asserting such Lien or security interest and shall detail the origin and nature of the underlying claim giving rise to such asserted Lien or security interest.

Lien Status. Except as otherwise expressly provided permitted in the Indenture, Mortgagor shall not place, or permit to be placed, or otherwise mortgage, hypothecate or encumber the Mortgaged Property, or any portion thereof or interest therein, with any other Lien or security interest of any nature whatsoever (statutory, constitutional or contractual), other than the Senior Lien and Permitted Liens, regardless of whether such Lien or security interest is inferior to the Lien and security interest created by this Mortgage, and, if any such Lien or security interest is asserted against the Mortgaged Property, Mortgagor shall promptly, at its own cost and expense, (a) pay the underlying claim in full (except for so long as such claim is being contested by Mortgagor in good faith and as and to the extent permitted in accordance with the terms of the Indenturefaith) or take such other action as may be necessary to cause the same to be released of record and otherwise, and (b) within five (5) days after the date on which such Lien or security interest is so asserted, give Mortgagee notice of such Lien or security interest. Such notice shall specify who is asserting such Lien or security interest and shall detail the origin and nature of the underlying claim giving rise to such asserted Lien or security interest. The rights, powers and remedies conferred upon or reserved to Mortgagee by this Mortgage are intended to be subordinate and subject in all respects to the rights, powers and remedies of the Senior Lienholder.

Lien Status. Except as otherwise expressly provided in the IndentureFinancing Agreement, Mortgagor shall not place, or permit to be placed, or otherwise mortgage, hypothecate or encumber the Mortgaged Property, or any portion thereof or interest therein, with any other Lien or security interest of any nature whatsoever (statutory, constitutional or contractual), other than Permitted Liens, regardless of whether such Lien or security interest is inferior to the Lien and security interest created by this Mortgage, and, if any such Lien or security interest is asserted against the Mortgaged Property, Mortgagor shall promptly, at its own cost and expense, (a) pay the underlying claim in full (except for so long as such claim is being contested by Mortgagor in good faith and as and to the extent permitted in accordance with the terms of the IndentureFinancing Agreement) or take such other action as may be necessary to cause the same to be released of record and otherwise, and (b) within five ten (510) days after the date on which Mortgagor receives notice of such Lien or security interest is so assertedinterest, give Mortgagee notice of such Lien or security interest. Such notice shall specify who is asserting such Lien or security interest and shall detail the origin and nature of the underlying claim giving rise to such asserted Lien or security interest.