Common use of Maximum Amount of Indebtedness Clause in Contracts

Maximum Amount of Indebtedness. (a) Notwithstanding anything to the contrary in this Mortgage, the maximum principal indebtedness or Secured Obligations which is or under any contingency may be secured by this Mortgage, at the date of the execution and delivery hereof or at any time hereafter, is SIXTY EIGHT MILLION DOLLARS ($68,000,000) provided, however, that the foregoing limitation shall not limit the Lien and security of this Mortgage with respect to (i) interest on said maximum principal indebtedness payable pursuant to the Senior Secured Notes, or any premium payable pursuant to the Senior Secured Notes upon prepayment of said maximum principal indebtedness, (ii) repayment to Mortgagee after default of sums advanced or paid for real estate taxes (and payments in lieu thereof), charges or assessments upon the Mortgaged Property, (iii) repayment to Mortgagee after default of sums advanced or paid for premiums for insurance covering the Mortgaged Property, (iv) repayment after default of all reasonable legal costs and expenses of collection of the indebtedness secured by this Mortgage or of the defense or prosecution of the rights, Liens and security interests created by this Mortgage, and (v) repayment to Mortgagee after default of any amount, cost or charge to which Mortgagee becomes subrogated, upon payment, whether under recognized principles of law or equity, or under express statutory authority; and the amounts included under (i) - (v) inclusive above, together with interest thereon, shall be deemed to be Secured Obligations; provided, that the Secured Obligations shall not include interest on any unpaid interest to the extent, if any, the same would require the payment of mortgage recording tax with respect thereto, unless such mortgage recording tax is in fact paid. (b) The limitation on the maximum principal amount of the Secured Obligations secured by this Mortgage pursuant to the preceding paragraph does not, and shall not be construed to, limit the amount of the Secured Obligations secured by the Security Agreements or any other Collateral Document.

Maximum Amount of Indebtedness. (a) Notwithstanding anything to the contrary in this MortgageThe maximum aggregate amount of all indebtedness that is, the maximum principal indebtedness or Secured Obligations which is or under any contingency may be secured by this Mortgage, at the date of the execution and delivery hereof or at any time hereafterhereafter by this Mortgage is $21,125,000.00 (the “Secured Amount”), is SIXTY EIGHT MILLION DOLLARS ($68,000,000) plus, to the extent permitted by applicable law and the Loan Agreement, collection costs, sums advanced for the payment of taxes, assessments, maintenance and repair charges, insurance premiums and any other costs incurred to protect the security encumbered hereby or the lien hereof, expenses incurred by the Mortgagee by reason of any default by the Company under the terms hereof, together with interest thereon, all of which amounts shall be secured hereby; provided, however, that the foregoing limitation shall not operate to limit or diminish the extent of Agent’s security interests created pursuant to, or limit the Lien recovery by Agent under, any other security instruments, or limit or diminish Agent’s security interests in any other collateral, all as held by Agent as security for the Secured Obligations or any portion thereof, it being understood and security of agreed that the limitation on recovery contained in this Mortgage with respect to (i) interest on said maximum principal indebtedness payable pursuant Section 6.18 shall apply only to the Senior Secured Notes, Mortgaged Property and no other collateral or any premium payable pursuant security held by Agent. (b) Mortgagee shall have the right to the Senior Secured Notes upon prepayment obtain an appraisal of said maximum principal indebtedness, (ii) repayment to Mortgagee after default of sums advanced or paid for real estate taxes (and payments in lieu thereof), charges or assessments upon the Mortgaged Property, at Mortgagor’s sole cost and expense, at any time following the date of this Mortgage, and in the event that one hundred twenty-five percent (iii125%) repayment to Mortgagee after default of sums advanced or paid for premiums for insurance covering the fair market value of the Mortgaged PropertyProperty as established by such appraisal shall be greater than $21,125,000.00, (iv) repayment after default Mortgagor shall, upon Mortgagee’s request, execute and deliver a modification to this Mortgage increasing the maximum aggregate amount of all reasonable legal costs and expenses of collection of the indebtedness secured by this Mortgage or to an amount equal to one hundred twenty-five percent (125%) of the defense or prosecution fair market value of the rights, Liens and security interests created Mortgaged Property as established by this Mortgagesuch appraisal, and (v) repayment to Mortgagee after default any mortgage taxes due upon the recordation of any amount, cost or charge to which Mortgagee becomes subrogated, upon payment, whether under recognized principles of law or equity, or under express statutory authority; and the amounts included under (i) - (v) inclusive above, together with interest thereon, such mortgage modification shall be deemed to be Secured Obligations; provided, that the Secured Obligations shall not include interest on any unpaid interest to the extent, if any, the same would require the payment of mortgage recording tax with respect thereto, unless such mortgage recording tax is in fact paidpayable by Mortgagor at its sole cost and expense. (b) The limitation on the maximum principal amount of the Secured Obligations secured by this Mortgage pursuant to the preceding paragraph does not, and shall not be construed to, limit the amount of the Secured Obligations secured by the Security Agreements or any other Collateral Document.

Maximum Amount of Indebtedness. (a) Notwithstanding anything to the contrary in this the Mortgage, the maximum aggregate principal amount of indebtedness or Secured Obligations which is that is, or under any contingency may be be, secured by this Mortgagethe Mortgage (including Mortgagor’s obligation to reimburse advances made by Mortgagee), either at the date of the execution and delivery hereof or at any time hereafterthereafter, is SIXTY including future advances which will be advanced from time to time from and after the date hereof and may include readvances of amounts repaid (the “Secured Loan Amount”), shall not exceed in the aggregate at any one time the outstanding amount of EIGHTY-EIGHT MILLION AND 00/100 DOLLARS ($68,000,000) provided88,000,000.00), however, plus amounts that the foregoing limitation shall not limit the Lien and security Mortgagee expends after occurrence of this Mortgage with respect to (i) interest on said maximum principal indebtedness payable pursuant an Event of Default to the Senior Secured Notes, or extent that any premium payable pursuant to the Senior Secured Notes upon prepayment such amounts shall constitute payment of said maximum principal indebtedness, (iia) repayment to Mortgagee after default of sums advanced or paid for real estate taxes (and payments in lieu thereof)taxes, charges or assessments that may be imposed by law upon the Mortgaged Property, ; (iiib) repayment to Mortgagee after default of sums advanced or paid for premiums for on insurance policies covering the Mortgaged Property; (c) expenses incurred in upholding the lien of the Mortgage, (iv) repayment after default of all reasonable legal costs and including the expenses of collection of any litigation to prosecute or defend the indebtedness secured by this Mortgage or of the defense or prosecution of the rights, Liens rights and security interests lien created by this the Mortgage, and ; or (vd) repayment to Mortgagee after default of any amount, cost or charge to which Mortgagee becomes subrogated, upon payment, whether under recognized principles of law or equity, or under express statutory authority; and the then in such event, such amounts included under (i) - (v) inclusive aboveor costs, together with interest thereon, shall be deemed added to the indebtedness secured hereby and shall be Secured Obligations; provided, secured by the Mortgage. All persons and entities with any interest in the Mortgaged Property or about to acquire any such interest should be aware that the Secured Obligations shall not include interest on any unpaid interest to Mortgage secures more than the extent, if any, the same would require the payment of mortgage recording tax with respect thereto, unless such mortgage recording tax is in fact paid. (b) The limitation on the maximum stated principal amount of the Secured Obligations secured Note and interest thereon; the Mortgage secures any and all other amounts which may become due under the Note or other document or instrument evidencing, securing or otherwise affecting the indebtedness, including, without imitation, any and all amounts expended by this Mortgage pursuant Mortgagee upon an Event of Default to operate, manage or maintain the preceding paragraph does not, and shall not be construed to, limit Mortgaged Property or to otherwise protect the amount Mortgaged Property or the lien of the Secured Obligations secured by Mortgage.” 4. Section 9.2 of the Security Agreements or any other Collateral Document.Mortgage is hereby deleted in its entirety and the following is inserted in lieu thereof:

Maximum Amount of Indebtedness. Notwithstanding any provision to the contrary contained herein, the principal amount of Indebtedness secured hereby (aexcluding any amounts advanced by Mortgagee under Section 8.01 hereof) will never exceed $  (the “Maximum Amount”). Notwithstanding anything to the contrary in contained herein: (i) the Maximum Amount will be deemed to be the first indebtedness to be advanced and the last indebtedness to be repaid; (ii) the security afforded by this Mortgage, Mortgage for the maximum payment and/or performance of the Indebtedness will not be reduced by any payments or other sums applied to the reduction of the indebtedness so long as the total amount of outstanding principal indebtedness exceeds the Maximum Amount and thereafter will be reduced only to the extent that any such payments and other sums are actually applied by the Mortgagee, in accordance with the Note, any other Loan Document (as hereinafter defined), or Secured Obligations which is any other instruments, documents or under any contingency may be secured by this Mortgageagreements executed in connection therewith, at to reduce the date outstanding principal of the execution and delivery hereof Note or any other Loan Document to an amount less than the Maximum Amount; (iii) if at any time hereafterafter the reduction of the outstanding principal balance of the Note or any other Loan Document to an amount less than the Maximum Amount, principal Indebtedness is SIXTY EIGHT MILLION DOLLARS ($68,000,000) providedsubsequently incurred such that it increases the total outstanding principal indebtedness to an amount equal to or exceeding the Maximum Amount, however, that the foregoing limitation shall not limit the Lien and security of afforded by this Mortgage with respect to (i) interest on said maximum principal indebtedness payable pursuant will thereupon be increased to the Senior Secured Notes, or any premium payable pursuant to the Senior Secured Notes upon prepayment of said maximum principal indebtedness, (ii) repayment to Mortgagee after default of sums advanced or paid for real estate taxes (Maximum Amount; and payments in lieu thereof), charges or assessments upon the Mortgaged Property, (iii) repayment to Mortgagee after default of sums advanced or paid for premiums for insurance covering the Mortgaged Property, (iv) repayment after default the limitation contained in this Section 2.02 on the Maximum Amount will only pertain to principal of the Note or any other Loan Document and will not be construed as limiting the amount of interest, fees, expenses, indemnified amounts and other Indebtedness secured hereby that are not principal of the Note or any other Loan Document, it being the intention of the parties to this Mortgage that this Mortgage will secure any principal of the Indebtedness remaining unpaid at the time of foreclosure up to the Maximum Amount, plus interest thereon, all reasonable legal costs and expenses of collection and all other amounts (except principal indebtedness under the Note or any other Loan Document in excess of the indebtedness secured by this Mortgage or of Maximum Amount) included in the defense or prosecution of Indebtedness. “Loan Documents” means the rightsNote, Liens and security interests created by this Mortgage, and (v) repayment to Mortgagee after default all other documents or instruments now or hereafter executed by Mortgagor and/or others and by or in favor of any amountMortgagee, cost which describe the credit relationship among the parties or charge to which Mortgagee becomes subrogated, upon payment, whether under recognized principles of law may secure or equity, or under express statutory authority; and the amounts included under (i) - (v) inclusive above, together with interest thereon, shall be deemed to be Secured Obligations; provided, that the Secured Obligations shall not include interest on any unpaid interest to the extent, if any, the same would require the guarantee payment of mortgage recording tax with respect thereto, unless such mortgage recording tax is in fact paidthe Indebtedness. (b) The limitation on the maximum principal amount of the Secured Obligations secured by this Mortgage pursuant to the preceding paragraph does not, and shall not be construed to, limit the amount of the Secured Obligations secured by the Security Agreements or any other Collateral Document.

Maximum Amount of Indebtedness. (a) Notwithstanding anything to the contrary in this Mortgage, the maximum aggregate principal amount of indebtedness or Secured Obligations which is that is, or under any contingency may be be, secured by this MortgageMortgage (including Mortgagor’s obligation to reimburse advances made by Xxxxxxxxx), either at the date of the execution and delivery hereof or at any time hereafterthereafter, is SIXTY EIGHT MILLION DOLLARS including future advances which will be advanced from time to time from and after the date hereof and may include readvances of amounts repaid ($68,000,000) providedthe “Secured Loan Amount”), however, that the foregoing limitation shall not limit exceed in the Lien and security aggregate at any one time the outstanding amount of this Mortgage with respect to (i) interest on said maximum principal indebtedness payable pursuant [$52,000,000.00], plus amounts that Mortgagee expends after occurrence of an Event of Default to the Senior Secured Notes, or extent that any premium payable pursuant to the Senior Secured Notes upon prepayment such amounts shall constitute payment of said maximum principal indebtedness, (iia) repayment to Mortgagee after default of sums advanced or paid for real estate taxes (and payments in lieu thereof)taxes, charges or assessments that may be imposed by law upon the Mortgaged Property, ; (iiib) repayment to Mortgagee after default of sums advanced or paid for premiums for on insurance policies covering the Mortgaged Property; (c) expenses incurred in upholding the lien of this Mortgage, (iv) repayment after default of all reasonable legal costs and including the expenses of collection of any litigation to prosecute or defend the indebtedness secured by this Mortgage or of the defense or prosecution of the rights, Liens rights and security interests lien created by this Mortgage, and ; or (vd) repayment to Mortgagee after default of any amount, cost or charge to which Mortgagee becomes subrogated, upon payment, whether under recognized principles of law or equity, or under express statutory authority; and the then in such event, such amounts included under (i) - (v) inclusive aboveor costs, together with interest thereon, shall be deemed to be Secured Obligations; provided, that the Secured Obligations shall not include interest on any unpaid interest added to the extent, if any, indebtedness secured hereby and shall be secured by this Mortgage. All persons and entities with any interest in the same would require Mortgaged Property or about to acquire any such interest should be aware that this Mortgage secures more than the payment of mortgage recording tax with respect thereto, unless such mortgage recording tax is in fact paid. (b) The limitation on the maximum stated principal amount of the Secured Obligations secured by Note and interest thereon; this Mortgage pursuant secures any and all other amounts which may become due under the Note or other document or instrument evidencing, securing or otherwise affecting the indebtedness, including, without imitation, any and all amounts expended by Mortgagee upon an Event of Default to operate, manage or maintain the preceding paragraph does not, and shall not be construed to, limit Mortgaged Property or to otherwise protect the amount Mortgaged Property or the lien of the Secured Obligations secured by the Security Agreements or any other Collateral Documentthis Mortgage.

Maximum Amount of Indebtedness. (a) Notwithstanding anything to the contrary in this MortgageThe maximum aggregate amount of all indebtedness that is, the maximum principal indebtedness or Secured Obligations which is or under any contingency may be secured by this Mortgage, at the date of the execution and delivery hereof or at any time hereafterhereafter by this Mortgage is $21,125,000.00 (the “Secured Amount”), is SIXTY EIGHT MILLION DOLLARS ($68,000,000) plus, to the extent permitted by applicable law and the Indenture, collection costs, sums advanced for the payment of taxes, assessments, maintenance and repair charges, insurance premiums and any other costs incurred to protect the security encumbered hereby or the lien hereof, expenses incurred by the Collateral Agent by reason of any default by the Company under the terms hereof, together with interest thereon, all of which amounts shall be secured hereby; provided, however, that the foregoing limitation shall not operate to limit or diminish the Lien and security of this Mortgage with respect to (i) interest on said maximum principal indebtedness payable pursuant to the Senior Secured Notes, or any premium payable pursuant to the Senior Secured Notes upon prepayment of said maximum principal indebtedness, (ii) repayment to Mortgagee after default of sums advanced or paid for real estate taxes (and payments in lieu thereof), charges or assessments upon the Mortgaged Property, (iii) repayment to Mortgagee after default of sums advanced or paid for premiums for insurance covering the Mortgaged Property, (iv) repayment after default of all reasonable legal costs and expenses of collection extent of the indebtedness secured by this Mortgage or of the defense or prosecution of the rights, Liens and Collateral Agent’s security interests created by this Mortgage, and (v) repayment to Mortgagee after default of any amount, cost or charge to which Mortgagee becomes subrogated, upon payment, whether under recognized principles of law or equitypursuant to, or under express statutory authority; and limit the amounts included under (i) - (v) inclusive aboverecovery by Agent under, together with interest thereonany other security instruments, shall be deemed to be Secured Obligations; providedor limit or diminish the Collateral Agent’s security interests in any other collateral, that all as held by the Collateral Agent as security for the Secured Obligations or any portion thereof, it being understood and agreed that the limitation on recovery contained in this Section 6.19 shall not include interest on any unpaid interest apply only to the extent, if any, the same would require the payment of mortgage recording tax with respect thereto, unless such mortgage recording tax is in fact paidMortgaged Property and no other collateral or security held by Agent. (b) The limitation on Collateral Agent shall have the right but not the obligation to obtain an appraisal of the Mortgaged Property, at the Company’s sole cost and expense, at any time following the date of this Mortgage, and in the event that one hundred twenty-five percent (125%) of the fair market value of the Mortgaged Property as established by such appraisal shall be greater than $21,125,000.00. The Company shall, upon the Collateral Agent’s request, execute and deliver a modification to this Mortgage increasing the maximum principal aggregate amount of the Secured Obligations all indebtedness secured by this Mortgage pursuant to an amount equal to one hundred twenty-five percent (125%) of the preceding paragraph does notfair market value of the Mortgaged Property as established by such appraisal, and any mortgage taxes due upon the recordation of such mortgage modification shall not be construed to, limit the amount of the Secured Obligations secured payable by the Security Agreements or any other Collateral DocumentCompany at its sole cost and expense. [Signature Page Follows.]