Louisiana Provisions. Notwithstanding anything to the contrary contained herein, with respect to any Leased Property located in Louisiana, for all purposes of this Lease the word “servitude” shall be substituted for the word “easement,” the word “servitudes” shall be substituted for the word “easements,” the term “immovable property” shall be substituted for the terms “real property” and “real estate” and the term “movable property” shall be substituted for the term “personal property” wherever such terms appear in this Lease.
Louisiana Provisions. 121 Section 40.14 Confidentiality............................................................... 121 Section 40.15 New Lease..................................................................... 126 Section 40.16 Partial Expiration/Termination................................................ 130 Section 40.17 Creation of New Master Lease.................................................. 132 Section 40.18 Combination of Leases......................................................... 132 Section 40.19 Unified Commercial Operating Lease............................................ 135 Section 40.20 Intentionally Omitted......................................................... 136 Section 40.21 No Credits.................................................................... 136 ARTICLE XLI................................................................................... 136 Section 41.1 Memorandums of Lease.......................................................... 136
Louisiana Provisions. For the purposes of Louisiana executory process procedures, the Debtor does hereby acknowledge the Indebtedness and confess judgment in favor of the Lender for the full amount of the Indebtedness. The Debtor does by these presents consent, agree and stipulate that upon the occurrence of an Event of Default it shall be lawful for the Lender, and the Debtor does hereby authorize the Lender, to cause all and singular the Collateral to be seized and sold under executory or ordinary process, at the Lender’s sole option, without appraisement, appraisement being hereby expressly waived, in one lot as an entirety or in separate parcels as the Lender may determine, to the highest bidder, and otherwise exercise the rights, powers and remedies afforded herein and under applicable law.
Louisiana Provisions. To the extent that the laws of the State of Louisiana apply and for purposes of foreclosure under Louisiana foreclosure process procedures, the following shall apply. Should an Event of Default occur, Secured Parties shall be entitled to foreclose under this Agreement under ordinary or executory process procedures, and to cause the Collateral to be immediately seized wherever found, and sold with or without appraisal, in regular session of court or in vacation, in accordance with applicable Louisiana law, without the necessity of further demanding payment from Pledgors, or of notifying Pledgors or placing Pledgors in default. To the extent permitted under applicable Louisiana law, Pledgors additionally waive: (1) the benefit of appraisal as provided under Articles 2332, 2336, 2723 and 2724 of the Louisiana Code of Civil Procedure, and all other laws with regard to appraisal upon judicial sale; (2) the demand and three (3) days’ delay as provided under Article 2721 of the Louisiana Code of Civil Procedure;
Louisiana Provisions. 66 Section 40.14. _________.........................................66 Section 40.15. _________.........................................66 Section 40.16. Lessor Consents...................................66 ARTICLE XLI
Louisiana Provisions. If you have title to Equipment that is located in Louisiana, you confess judgment in our favor in the amount of the Damages and other recoverable costs specified in Section 11. In the case of a default, we may immediately seize that Equipment pursuant to executory process and sell it to the highest bider. You waive all statutory protections afforded to you in connection with such seizure and sale, including rights to notice, demand, delay and appraisement contained in articles 2293, 2331, 2332, 2336, 2639, 2721 through 2724, and 2733 of the Louisiana Code of Civil Procedure.
Louisiana Provisions. Notwithstanding anything to the contrary in the MLA, this Schedule, or the other Riders, the following provisions will apply and be binding on Lessor and Lessee with respect to the Property:
(a) The MLA, the Riders, and this Schedule create a true lease of the Property as defined in the Louisiana Lease of Movables Act, La. R.S. §9:3301 – 3342.
(b) Without limiting the provisions of Sections 4 and 6 of the MLA and in addition to those provisions,
(i) Lessee’s obligation to pay rent shall not be subject to any delay, reduction, set-off, defense, counterclaim, abatement, or recoupment for any breach of warranty or claimed breach of warranty that Lessee may have against Lessor with respect to the Property or any part of the Property, or any defects or deficiencies in the Property or any part of it;
(ii) Lessee acknowledges and agrees that Lessor did not construct or install the Property; and
(iii) In addition to and without limiting the waivers and disclaimers set out in Section 6 of the MLA, LESSEE HEREBY EXPRESSLY WAIVES ALL WARRANTIES DISCLAIMED BY LESSOR IN THE MLA, AND ALL OTHER REPRESENTATIONS, WARRANTIES, AND COVENANTS, EXPRESS OR IMPLIED, UNDER LOUISIANA LAW, INCLUDING, WITHOUT LIMITATION, UNDER LA. CIVIL CODE ARTS. 2682(2), 2684, 2691, 2694, AND 2696-2699.
(c) In addition to the security interest granted in Section 7 of the MLA, and in an abundance of caution, Lessee shall xxxxx Xxxxxx a first priority mortgage on the Property (but not on any real property on which the Property sits) and all cash and non-cash proceeds, including the proceeds of all insurance policies, and Lessee agrees that with respect to the Property, in addition to all of the other rights and remedies available to Lessor under the MLA, the Riders, and this Schedule, upon the occurrence of an Event of Default, Lessor shall have all of the rights and remedies granted in that mortgage.
(d) If Lessor sells or otherwise transfers the Property to Lessee under Section 10 of this Schedule or Sections 10 or 13 of the MLA, the sale or transfer will be “AS IS WHERE IS” and simultaneously with the sale or transfer, Lessee shall waive all warranties, express or implied, with respect to the title to and condition of the Property and all other warranties and representations, including, without limitation, a waiver of any and all warranties with respect to the condition of the Property under La. Civ. Code art. 2475, any and all warranties that the Property is free from redhibitory or other vices, ...
Louisiana Provisions. 23 Appendix I Definitions Schedule A Land Parcels Schedule 4.1 Existing Facilities This AMENDED AND RESTATED AGENCY AGREEMENT, is dated as of October 1, 1998 (this Agreement), by and between IRON MOUNTAIN STATUTORY TRUST - 1998, a Connecticut statutory trust (together with its successors and assigns, Owner), and IRON MOUNTAIN RECORDS MANAGEMENT, INC., a Delaware corporation (together with its successors and assigns, Agent). This Agreement amends, restates and supersedes in its entirety that certain Agency Agreement between Owner and Agent dated as of August 6, 1998, as amended by the Supplement and Amendment No. 1 to Agency Agreement dated as of October 1, 1998.
Louisiana Provisions. As to any Property located in Louisiana, Owner shall mean and include both Iron Mountain Statutory Trust - 1998, a Connecticut statutory trust having an address at c/o First Union National Bank, 10 State House Square, Hartford, Connecticut 06103 and First Union Nxxxxxxx Xxxx xx xxxxxxx xx xxx Xxxx Xxxxxxxx Xxxxxtory Trust - 1998 Louisiana Subtrust, such subtrust being referred herein as the "Louisiana Subtrust". All references hereunder to the Owner shall be deemed to include the Louisiana Subtrust as applicable.
Louisiana Provisions. This Indenture has been executed by Borrower pursuant to Louisiana Civil Code articles 3278 et seq., La. R.S. ss. 9:4401, La. R.S. ss.9:5386-5388, Ln. R.S., ss. 10:1-101 et seq. (the "Uniform Commercial Code" or "UCC") and other applicable laws, for the purpose of securing the Secured Debt that may now be existing and/or that may arise in the future as provided herein, with the preferences and priorities provided under applicable Louisiana law . In accordance with the requirements of applicable law, including Louisiana Civil Code art. 3288 and La.
