Limitation on Liens; Transfer Restrictions. The ------------------------------------------ Mortgagor may not, without the prior written consent of the Mortgagee, further mortgage, encumber, hypothecate, sell, convey or assign all or any part of the Mortgaged Property or suffer or allow any of the foregoing to occur by operation of law or otherwise; provided, however, that the Mortgagor shall have the right -------- ------- to (1) sell, convey or assign all or any portion of the Mortgaged Property in accordance with the provisions of the Indenture and (2) suffer to exist the following Liens in respect of the Mortgaged Property: (i) Prior Liens (but not extensions, amendments, supplements or replacements of Prior Liens unless (A) extended, amended, supplemented or replaced in a manner permitted by the Indenture or (B) consented to by the Mortgagee which consent shall not be unreasonably withheld), (ii) the Lien and security interest created by this Mortgage or any other Collateral Document, (iii) Contested Liens, (iv) Liens described in clause (9) of the definition of Permitted Liens (provided, however, -------- ------- that such Liens shall not extend to or cover any Mortgaged Property other than equipment subject to Capital Leases, Obligations or Purchase Money Obligations incurred in accordance with the provisions of the Indenture) or clause (4) of the definition of Permitted Liens, and (v) Leases to the extent permitted pursuant to the provisions of Article V hereof (the Liens described in clauses --------- (i) through (v) of this sentence, collectively, "Permitted Collateral Liens"). --------------------------
Appears in 4 contracts
Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Raceland Truck Plaza & Casino LLC), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Raceland Truck Plaza & Casino LLC), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Raceland Truck Plaza & Casino LLC)
Limitation on Liens; Transfer Restrictions. The ------------------------------------------ Mortgagor may not, without the prior written consent of the Mortgagee, further mortgage, encumber, hypothecate, sell, convey or assign all or any part of the Mortgaged Property or suffer or allow any of the foregoing to occur by operation of law or otherwise; provided, however, that the Mortgagor shall have the right -------- ------- to (1) sell, convey or assign all or any portion of the Mortgaged Property in accordance with the provisions of the Indenture and (2) suffer to exist the following Liens in respect of the Mortgaged Property: (i) Prior Liens (but not extensions, amendments, supplements or replacements of Prior Liens unless (A) extended, amended, supplemented or replaced in a manner permitted by the Indenture or (B) consented to by the Mortgagee Mortgagee, which consent shall not be unreasonably withheld), (ii) the Lien and security interest created by this Mortgage or any other Collateral Document, (iii) Contested Liens, (iv) Liens described in clause (9) of the definition of Permitted Liens (provided, however, -------- ------- that such Liens shall not extend to or cover any Mortgaged Property other than equipment subject to Capital Leases, Obligations or Purchase Money Obligations incurred in accordance with the provisions of the Indenture) or clause (4) of the definition of Permitted Liens, and (v) Leases to the extent permitted pursuant to the provisions of Article V hereof and (vi) rights, title and interest of the Lessor under the Mortgaged Lease and any Liens against the Lessor’s interest in the Land and the Leasehold Premises (the Liens described in clauses --------- (i) through (vvi) of this sentence, collectively, "“Permitted Collateral Liens"”). --------------------------.
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Limitation on Liens; Transfer Restrictions. The No Grantor ------------------------------------------ Mortgagor may notmay, without the prior written consent of the MortgageeBeneficiary, further mortgage, encumber, hypothecate, sell, convey or assign all or any part of the Mortgaged Property or suffer or allow any of the foregoing to occur by operation of law or otherwise; provided, however, that the Mortgagor such Grantor shall have the right -------- ------- to (1) -------- ------- sell, convey or assign all or any portion of the Mortgaged Property in accordance with the provisions Section 10 of the Indenture and (2) suffer to exist the following Liens in respect of the Mortgaged Property: (i) Prior Liens (but not extensions, amendments, supplements or replacements of Prior Liens unless (A) extended, amended, supplemented or replaced in a manner permitted by the Indenture or (B) consented to by the Mortgagee Beneficiary which consent shall not be unreasonably withheld), (ii) the Lien and security interest created by this Mortgage Deed of Trust or any other Collateral Document, (iii) Contested Liens, (iv) Liens described in clause (9) of the definition of Permitted Liens (provided, however, -------- ------- that such Liens -------- ------- shall not extend to or cover any Mortgaged Property other than equipment subject to Capital Leases, Leases Obligations or Purchase Money Obligations incurred in accordance with the provisions of the Indenture) or clause (4) of the definition of Permitted Liens, and (v) Leases to the extent permitted pursuant to the provisions of Article V hereof hereof, and (vi) in the case of Xxxxxx, rights, title --------- and interest of the Lessor under the Mortgaged Lease and any Liens against the Lessor's interest in the Leased Land and the Leased Premises (the Liens described in clauses --------- (i) through (vvi) of this sentence, collectively, "Permitted --------- Collateral Liens"). ------------------------------------------
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Limitation on Liens; Transfer Restrictions. The ------------------------------------------ Mortgagor may not, without the prior written consent of the Mortgagee, further mortgage, encumber, hypothecate, sell, convey or assign all or any part of the Mortgaged Property or suffer or allow any of the foregoing to occur by operation of law or otherwise; provided, however, that the Mortgagor shall have the right -------- ------- to (1) sell, convey or assign all or any portion of the Mortgaged Property in accordance with the provisions of the Indenture and (2) suffer to exist the following Liens in respect of the Mortgaged Property: (i) Prior Liens (but not extensions, amendments, supplements or replacements of Prior Liens unless (A) extended, amended, supplemented or replaced in a manner permitted by the Indenture or (B) consented to by the Mortgagee Mortgagee, which consent shall not be unreasonably withheld), (ii) the Lien and security interest created by this Mortgage or any other Collateral Document, (iii) Contested Liens, (iv) Liens described in clause (9) of the definition of Permitted Liens (provided, however, -------- ------- that such Liens shall not extend to or cover any Mortgaged Property other than equipment subject to Capital Leases, Obligations or Purchase Money Obligations incurred in accordance with the provisions of the Indenture) or clause (4) of the definition of Permitted Liens, and (v) Leases to the extent permitted pursuant to the provisions of Article V hereof and (vi) rights, title and interest of the --------- Lessor under the Mortgaged Lease and any Liens against the Lessor's interest in the Land and the Leased Premises (the Liens described in clauses --------- (i) through (vvi) of this sentence, collectively, "Permitted Collateral Liens"). --------------------------
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Limitation on Liens; Transfer Restrictions. The Except as ------------------------------------------ permitted pursuant to the credit Agreement, the Mortgagor may not, without the prior written consent of the MortgageeMortgagee and the consent of Lessor, if any, as may be required under the Mortgaged Lease, further mortgage, encumber, hypothecate, sell, convey or assign all or any part of the Mortgaged Property or suffer or allow any of the foregoing to occur by operation of law or otherwise; provided, -------- however, that so long as no Event of Default shall have occurred and be ------- continuing, the Mortgagor shall have the right -------- ------- right, subject to (1) sell, convey or assign all or any portion of provision in the Mortgaged Property in accordance with the provisions of the Indenture and (2) Lease, to suffer to exist the following Liens in respect of the Mortgaged Property: (i) Prior Liens (but not extensions, amendments, supplements or replacements of Prior Liens unless (A) extended, amended, supplemented or replaced in a manner permitted by the Indenture or (B) consented to by the Mortgagee which consent shall not be unreasonably withheldMortgagee), (ii) the Lien and security interest created by this Mortgage or any other Collateral DocumentMortgage, (iii) Contested Liens, (iv) Liens of the kind and nature described in clause (9f) of the definition of Permitted Liens (provided, however, -------- ------- that such Liens shall not extend to or cover any Mortgaged Property other than equipment subject to Capital Leases, Obligations or Purchase Money Obligations incurred in accordance with the provisions of the Indenture) or clause (4) of the definition of Permitted Liens, and (v) Leases Subleases to the extent permitted pursuant to the provisions of Article V hereof (the Liens described in clauses --------- (i) through (v) --------- of this sentence, collectively, "Permitted Collateral Liens"). --------------------------
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Limitation on Liens; Transfer Restrictions. The ------------------------------------------ Mortgagor may notNo Grantor may, without the prior written consent of the MortgageeBeneficiary, further mortgage, encumber, hypothecate, sell, convey or assign all or any part of the Mortgaged Property or suffer or allow any of the foregoing to occur by operation of law or otherwise; provided, however, that the Mortgagor such Grantor shall have the right -------- ------- to (1) sell, convey or assign all or any portion of the Mortgaged Property in accordance with the provisions of the Indenture and (2) suffer to exist the following Liens in respect of the Mortgaged Property: (i) Prior Liens (but not extensions, amendments, supplements or replacements of Prior Liens unless (A) extended, amended, supplemented or replaced in a manner permitted by the Indenture Credit Agreement or (B) consented to by the Mortgagee Beneficiary which consent shall not be unreasonably withheld), (ii) the Lien and security interest created by this Mortgage Deed of Trust or any other Collateral Loan Document, (iii) Contested Liens, (iv) Liens described in clause (9i) of the definition of Permitted Liens (provided, however, -------- ------- that such Liens shall not extend to or cover any Mortgaged Property other than equipment subject to Capital Leases, Lease Obligations or Purchase Money Obligations incurred in accordance with the provisions of the IndentureCredit Agreement) or clause (4d) of the definition of Permitted Liens, and (v) Leases to the extent permitted pursuant to the provisions of Article V hereof hereof, and (vi) in the case of Xxxxxx, rights, title and interest of the Lessor under the Mortgaged Lease and any Liens against the Lessor's interest in the Leased Land and the Leased Premises (the Liens described in clauses --------- (i) through (vvi) of this sentence, collectively, "Permitted Collateral Liens"). --------------------------.
Appears in 1 contract
Samples: Deed of Trust (Jalou Cashs LLC)
Limitation on Liens; Transfer Restrictions. The Mortgagor ------------------------------------------ Mortgagor may not, without the prior written consent of the Mortgagee, further mortgage, encumber, hypothecate, sell, convey or assign all or any part of the Mortgaged Property or suffer or allow any of the foregoing to occur by operation of law or otherwise; provided, however, that the Mortgagor shall have the right -------- ------- to (1) -------- ------- sell, convey or assign all or any portion of the Mortgaged Property in accordance with the provisions of the Indenture and (2) suffer to exist the following Liens in respect of the Mortgaged Property: (i) Prior Liens (but not extensions, amendments, supplements or replacements of Prior Liens unless (A) extended, amended, supplemented or replaced in a manner permitted by the Indenture or (B) consented to by the Mortgagee which consent shall not be unreasonably withheld), (ii) the Lien and security interest created by this Mortgage or any other Collateral Document, (iii) Contested Liens, (iv) Liens described in clause (9) of the definition of Permitted Liens (provided, however, -------- ------- that such Liens shall not extend to or cover any Mortgaged Property other than equipment subject to Capital Leases, Obligations or Purchase Money Obligations incurred in accordance with the provisions of the Indenture) or clause (4) of the definition of Permitted Liens, and (v) Leases to the extent permitted pursuant to the provisions of Article V hereof (the Liens described in clauses --------- (i) through (v) of this sentence, collectively, "Permitted Collateral Liens"). --------------------------
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Limitation on Liens; Transfer Restrictions. The Except as ------------------------------------------ permitted pursuant to the Credit Agreement, the Mortgagor may not, without the prior written consent of the Mortgagee, further mortgage, encumber, hypothecate, sell, convey or assign all or any part of the Mortgaged Property or suffer or allow any of the foregoing to occur by operation of law or otherwise; provided, -------- however, that so long as no Event of Default shall have occurred and be ------- continuing, the Mortgagor shall have the right -------- ------- to (1) sell, convey or assign all or any portion of the Mortgaged Property in accordance with the provisions of the Indenture and (2) suffer to exist the following Liens in respect of the Mortgaged Property: (i) Prior Liens (but not extensions, amendments, supplements or replacements of Prior Liens unless (A) extended, amended, supplemented or replaced in a manner permitted by the Indenture or (B) consented to by the Mortgagee which consent shall not be unreasonably withheldMortgagee), (ii) the Lien and security interest created by this Mortgage or any other Collateral DocumentMortgage, (iii) Contested Liens, (iv) Liens of the kind and nature described in clause (9f) of the definition of Permitted Liens (provided, however, -------- ------- that such Liens shall not extend to or cover any Mortgaged Property other than equipment subject to Capital Leases, Obligations or Purchase Money Obligations incurred in accordance with the provisions of the Indenture) or clause (4) of the definition of Permitted Liens, and (v) Leases to the extent permitted pursuant to the provisions of Article V hereof (the Liens described in clauses --------- (i) through (v) of this sentence, collectively, "Permitted Collateral Liens"). --------------------------
Appears in 1 contract
Samples: Term Loan & Revolving Credit Mortgage (Applied Power Inc)