No Obligation of Mortgagee. The assignment and security interest herein granted to Mortgagee shall not be deemed or construed to constitute Mortgagee as a mortgagee-in-possession of the Mortgaged Property, obligate Mortgagee to lease the Mortgaged Property or attempt to do the same, or to take any action, incur any expense or perform or discharge any obligation, duty or liability whatsoever.
Appears in 18 contracts
Samples: Intercreditor Agreement (Angiotech Pharmaceuticals Inc), Securities Purchase Agreement (Minrad International, Inc.), Security Agreement and Fixture Filing (Ascendia Brands, Inc.)
No Obligation of Mortgagee. The assignment and security interest herein granted to Mortgagee This Assignment shall not be deemed or construed to constitute Mortgagee as a mortgagee-in-mortgagee in possession of the Mortgaged Property, Property nor shall it obligate Mortgagee to lease the Mortgaged Property or attempt to do the same, take any action or to take any action, incur any expense expenses or perform or discharge any obligation, duty or liability whatsoeverof Mortgagor under any Lease.
Appears in 3 contracts
Samples: Construction Loan Agreement (Plasma Therm Inc), Rents and Security Agreement (Plasma Therm Inc), Security Agreement (Transeastern Properties Inc)
No Obligation of Mortgagee. The assignment and security interest herein granted to Mortgagee shall not be deemed or construed to constitute Mortgagee as a mortgagee-in-trustee in possession of the Mortgaged Property, to obligate Mortgagee to lease the Mortgaged Property or attempt to do the same, or to take any action, incur any expense or perform or discharge any obligation, duty or liability whatsoever.
Appears in 2 contracts
Samples: And Attornment Agreement (Holly Energy Partners Lp), Disturbance and Attornment Agreement (Holly Energy Partners Lp)
No Obligation of Mortgagee. The assignment and security interest herein granted to Mortgagee shall not be deemed or construed to constitute Mortgagee as a mortgagee-in-trustee in possession of the Mortgaged Property, to obligate Mortgagee to lease the Mortgaged Property or attempt to do the same, or to take any action, incur any expense or perform or discharge any obligation, duty or liability whatsoeverwhatsoever under any of the Leases or otherwise.
Appears in 2 contracts
Samples: Open End Mortgage, Security Agreement (Westway Group, Inc.), Open End Mortgage, Security Agreement (Westway Group, Inc.)
No Obligation of Mortgagee. The assignment and security interest herein granted to Mortgagee This Assignment shall not be deemed or construed to constitute Mortgagee as a mortgagee-in-mortgagee in possession of the Mortgaged Property, Property nor shall it obligate Mortgagee to lease the Mortgaged Property or attempt to do the same, take any action or to take any action, incur any expense expenses or perform or discharge any obligation, duty or liability whatsoeverof Mortgagor under any Sublease.
Appears in 1 contract
Samples: Assignment of Rents and Security Agreement (Ivax Diagnostics Inc)
No Obligation of Mortgagee. The assignment and security interest herein granted to Mortgagee shall not be deemed or construed to constitute Mortgagee as a mortgagee-in-mortgagee in possession of the Mortgaged Property, to obligate Mortgagee to lease the Mortgaged Property or attempt to do the same, or to take any action, incur any expense or perform or discharge any obligation, duty or liability whatsoever.
Appears in 1 contract
Samples: HWCC Shreveport Inc
No Obligation of Mortgagee. The assignment and security interest herein granted to Mortgagee This Assignment shall not be deemed or construed to constitute Mortgagee as a mortgagee-in-mortgagee in possession of the Mortgaged Property, Property nor shall it obligate Mortgagee to lease the Mortgaged Property or attempt to do the same, take any action or to take any action, incur any expense expenses or perform or discharge any obligation, duty or liability whatsoeverof Mortgagor under any Lease or Sublease.
Appears in 1 contract
Samples: Assignment of Rents and Security Agreement (Ivax Diagnostics Inc)
No Obligation of Mortgagee. The assignment and security interest herein granted to Mortgagee shall not be deemed or construed to constitute Mortgagee as a mortgagee-in-mortgagee in possession of the Mortgaged Property, to obligate Mortgagee to lease the Mortgaged Property or attempt to do the same, or to take any action, incur any expense or perform or discharge any obligation, duty or liability whatsoever.
Appears in 1 contract
Samples: Iron Age Corp
No Obligation of Mortgagee. The assignment and security interest herein granted to Mortgagee This Assignment shall not be deemed or construed to constitute Mortgagee as a mortgagee-in-Mortgagee in possession of the Mortgaged Property, Property nor shall it obligate Mortgagee to lease the Mortgaged Property or attempt to do the same, take any action or to take any action, incur any expense expenses or perform or discharge any obligation, duty or liability whatsoeverof Mortgagor under any Lease.
Appears in 1 contract
Samples: Security Agreement (Thackeray Corp)
No Obligation of Mortgagee. The assignment and security interest herein granted to Mortgagee This Assignment shall not be deemed or construed to constitute Mortgagee as a mortgagee-in-mortgagee in possession of the Mortgaged Property, Property nor to obligate Mortgagee to lease the Mortgaged Property or attempt to do the same, take any action or to take any action, incur any expense expenses or perform or discharge any obligation, duty or liability whatsoeverof Mortgagor under any Lease.
Appears in 1 contract
