Common use of No Mortgagee in Possession Clause in Contracts

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.. ASSIGNMENT OF LEASES and Rents

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary or the Lenders under the Loan Documents, at law or in equity shall cause Beneficiary Beneficiary, Trustee, or Trustee any Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary Beneficiary, Trustee, or Trustee any Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents rents and Leases leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary under the Loan Indebtedness Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Trust Property, to obligate Beneficiary or Trustee to lease the Mortgaged Trust Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4Article, the assignment of the Rents and Leases under Article 54, the security interests under Article 65, nor any other remedies afforded to Trustee or Beneficiary under the Loan Documents, at law or in equity shall cause Trustee or Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Trustee or Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Leases and Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in mortgagee-in-possession of the Mortgaged PropertyCollateral, to obligate Beneficiary or Trustee to lease the Mortgaged Property Collateral or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Trust Property, to obligate Beneficiary or Trustee to lease the Mortgaged Trust Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary hereunder or under the Loan DocumentsCollateral Trust Agreement, or at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents rents and Leases leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Trust Property, to obligate Beneficiary or Trustee to lease the Mortgaged Trust Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary hereunder or under the Loan DocumentsCollateral Trust Agreement, or at law or in equity shall cause Trustee or Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Trustee or Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 46, the assignment of the Rents and Leases under Article 57, the security interests under Article 68, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Trust Property, to obligate Beneficiary or Trustee to lease the Mortgaged Trust Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Agent or Beneficiary under the Loan Financing Documents, at law or in equity shall cause Agent or Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Agent or Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Rents Property Income and Leases under Article 52.15, the security interests under Article 63, nor any other remedies afforded to Beneficiary Lender under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee Lender to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary or Trustee Lender to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.. ARTICLE 5

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 4, the assignment of the Rents and Leases under Article 5, the security interests under Article 6, nor any other remedies afforded to Beneficiary under the Loan Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Property, to obligate Beneficiary or Trustee to lease the Mortgaged Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45 (other than pursuant to Section 5.1(c) hereof), the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary under the Loan Secured Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Trust Property, to obligate Beneficiary or Trustee to lease the Mortgaged Trust Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.

No Mortgagee in Possession. Neither the enforcement of any of the remedies under this Article 45, the assignment of the Rents and Leases under Article 56, the security interests under Article 67, nor any other remedies afforded to Beneficiary under the Loan Indenture, the Intercreditor Agreement or the other Note Documents, at law or in equity shall cause Beneficiary or Trustee to be deemed or construed to be a mortgagee in possession of the Mortgaged Trust Property, to obligate Beneficiary or Trustee to lease the Mortgaged Trust Property or attempt to do so, or to take any action, incur any expense, or perform or discharge any obligation, duty or liability whatsoever under any of the Leases or otherwise.