Common use of No Release of Obligations Clause in Contracts

No Release of Obligations. Neither the Mortgagor, any Guarantor nor any other person hereafter obligated for payment of all or any part of the Secured Obligations shall be relieved of such obligation by reason of: (a) the failure of the Trustee to comply with any request of the Mortgagor, or any Guarantor or any other Person so obligated to foreclose the Lien of this Mortgage or to enforce any provision hereunder or under the Credit Agreement; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the consent of, given notice to or paid any consideration to the Mortgagor, any Guarantor or such other Person, and in such event the Mortgagor, Guarantor and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) of the Credit Agreement.

No Release of Obligations. Neither the Mortgagor, any Guarantor Mortgagor nor any other person Person hereafter obligated for payment of all or any part of the Secured Obligations secured obligations shall be relieved of such obligation secured obligations by reason of: of (a) the failure of the Trustee to comply with any request of the Mortgagor, or any Guarantor Mortgagee or any other Person so obligated to foreclose the Lien lien of this Mortgage or to enforce any provision hereunder or under the Credit Development Agreement; or (b) the release, regardless of consideration, of the Mortgaged Property Properties or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) Properties. Mortgagee may release, regardless of consideration, any agreement or stipulation between any subsequent owner part of the Mortgaged Property and Properties without, as to the Mortgagee extendingremainder, renewing, rearranging or in any other way modifying impairing, affecting, subordinating or releasing the terms of mortgage lien created in or evidenced by this Mortgage without or its stature as a first having obtained the consent of, given notice to or paid any consideration and prior lien and security interest in and to the Mortgagor, any Guarantor or such other PersonMortgaged Properties, and without in any way releasing or diminishing the liability of any Person liable for the repayment or performance of the secured obligations. For payment of the secured obligations, Mortgagee may resort to any other security therefor held by Mortgagee in such event the Mortgagor, Guarantor order and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid manner as provided in Section 12.18(a) of the Credit AgreementMortgagee may elect.

No Release of Obligations. Neither the Mortgagor, any Guarantor guarantor nor any other person hereafter obligated for payment of all or any part of the Secured Obligations Indebtedness shall be relieved of such obligation by reason of: of (a) the failure of the Trustee to comply with any request of the Mortgagor, or any Guarantor guarantor or any other Person person so obligated to foreclose the Lien lien of this Mortgage or to enforce any provision hereunder or under the Credit Agreement; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the consent of, given notice to or paid any consideration to the Mortgagor, any Guarantor guarantor or such other Personperson, and in such event the Mortgagor, Guarantor guarantor and all such other Persons persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment of the Indebtedness and the complete fulfillment of all obligations hereunder or under the Credit Agreement.

No Release of Obligations. Neither the MortgagorTrustor, any Guarantor other Borrower, nor any other person Person now or hereafter obligated for the payment or performance of all or any part of the Secured Obligations shall be relieved of any such obligation by reason of: of (a) the failure of the Trustee or Beneficiary to comply with any request of the MortgagorTrustor, or any Guarantor other Borrower or any other Person so obligated to foreclose the Lien of this Mortgage or Deed of Trust to enforce any provision hereunder or under the Credit Financing Agreement; (b) the release, regardless of consideration, of the Mortgaged Trust Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Trust Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Trust Property and the Mortgagee Beneficiary extending, renewing, rearranging or in any other way modifying the terms of this Mortgage Deed of Trust without first having obtained the consent of, given notice to or paid any consideration to the MortgagorTrustor, any Guarantor other Borrower or such any other Person, and in any such event the MortgagorTrustor, Guarantor all other Borrowers and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the MortgageeBeneficiary; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) of the Credit Agreement.or

No Release of Obligations. Neither the MortgagorTrustor, any Guarantor other Borrower, nor any other person Person now or hereafter obligated for the payment or performance of all or any part of the Secured Obligations shall be relieved of any such obligation by reason of: of (a) the failure of the Trustee or Beneficiary to comply with any request of the MortgagorTrustor, or any Guarantor other Borrower or any other Person so obligated to foreclose the Lien of this Mortgage or Deed of Trust to enforce any provision hereunder or under the Credit Agreement; (b) the release, regardless of consideration, of the Mortgaged Trust Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Trust Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Trust Property and the Mortgagee Beneficiary extending, renewing, rearranging or in any other way modifying the terms of this Mortgage Deed of Trust without first having obtained the consent of, given notice to or paid any consideration to the MortgagorTrustor , any Guarantor other Borrower or such any other Person, and in any such event the MortgagorTrustor, Guarantor all other Borrowers and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the MortgageeBeneficiary; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) of the Credit Agreement.or

No Release of Obligations. Neither the Mortgagor, any Guarantor Mortgagor nor any Borrower, guarantor or other person Person now or hereafter obligated for the payment or performance of all or any part of the Secured Obligations shall be relieved of any such obligation by reason of: of (a) the failure of the Trustee Mortgagee to comply with any request of the Mortgagor, Mortgagor or any Guarantor Borrower, guarantor or any other Person so obligated to foreclose the Lien lien of this Mortgage or to enforce any provision hereunder or under the Credit Agreement; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the consent of, given notice to or paid any consideration to the MortgagorMortgagor or any Borrower, any Guarantor guarantor or such other Person, and in any such event the Mortgagor, Guarantor Mortgagor and all Borrowers, guarantors and such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment and performance of all of the Credit AgreementObligations.

No Release of Obligations. Neither the Mortgagor, any Guarantor Mortgagor nor any Borrower, Guarantor or other person Person now or hereafter obligated for the payment or performance of all or any part of the Secured Obligations shall be relieved of any such obligation by reason of: of (a) the failure of the Trustee Mortgagee to comply with any request of the Mortgagor, Mortgagor or any Borrower, Guarantor or any other Person so obligated to foreclose the Lien of this Mortgage or to enforce any provision hereunder or under the Credit Loan Agreement; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the consent of, given notice to or paid any consideration to the MortgagorMortgagor or any Borrower, any Guarantor or such other Person, and in any such event the Mortgagor, Guarantor Mortgagor and all Borrowers, Guarantors and such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment and performance of all of the Credit AgreementObligations.

No Release of Obligations. Neither To the Mortgagorextent permitted by law, neither Trustor, any Guarantor Guarantor, nor any other person Person now or hereafter obligated for the payment or performance of all or any part of the Secured Obligations shall be relieved of any such obligation by reason of: of (a) the failure of the Trustee or Beneficiary to comply with any request of the MortgagorTrustor, or Beneficiary, any Guarantor Guarantors or any other Person so obligated to foreclose the Lien of this Mortgage or Deed of Trust to enforce any provision hereunder or under the Credit Financing Agreement; (b) the release, regardless of consideration, of the Mortgaged Trust Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Trust Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Trust Property and the Mortgagee Beneficiary extending, renewing, rearranging or in any other way modifying the terms of this Mortgage Deed of Trust without first having obtained the consent of, given notice to or paid any consideration to the MortgagorTrustor, Beneficiary, any Guarantor Guarantor, or such any other Person, and in any such event the MortgagorTrustor, Guarantor Beneficiary, all Guarantors, and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the MortgageeBeneficiary; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment and performance of all of the Credit AgreementObligations.

No Release of Obligations. Neither the MortgagorTrustor, any Guarantor nor any other person hereafter obligated for payment of all or any part of the Secured Obligations shall be relieved of such obligation by reason of: (a) the failure of the Trustee to comply with any request of the MortgagorTrustor, or any Guarantor or any other Person so obligated obligated, to foreclose the Lien of this Mortgage Deed of Trust or to enforce any provision hereunder or under the Credit Agreement; (b) the release, regardless of consideration, of the Mortgaged Deed of Trust Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Deed of Trust Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Deed of Trust Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage Deed of Trust without first having obtained the consent of, given notice to or paid any consideration to the MortgagorTrustor, any Guarantor or such other Person, and in such event the MortgagorTrustor, Guarantor and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) of Paid In Full In Cash and any other obligations hereunder or under the Credit AgreementAgreement are completely fulfilled.

No Release of Obligations. Neither To the Mortgagorextent permitted by applicable law, neither the Trustor, any Guarantor nor any other person hereafter obligated for payment of all or any part of the Secured Obligations shall be relieved of such obligation by reason of: (a) the failure of the Trustee to comply with any request of the MortgagorTrustor, or any Guarantor or any other Person so obligated obligated, to foreclose the Lien of this Mortgage Deed of Trust or to enforce any provision hereunder or under the Second-Out Credit Agreement; (b) the release, regardless of consideration, of the Mortgaged Deed of Trust Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Deed of Trust Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Deed of Trust Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage Deed of Trust without first having obtained the consent of, given notice to or paid any consideration to the MortgagorTrustor, any Guarantor or such other Person, and in such event the MortgagorTrustor, Guarantor and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) of full and satisfied and any other obligations hereunder or under the Second-Out Credit AgreementAgreement are completely fulfilled.

No Release of Obligations. Neither the No Mortgagor, any no Guarantor nor any and no other person Person hereafter obligated for payment of all or any part of the Secured Obligations shall be relieved of such obligation by reason of: (a) the failure of the Trustee Mortgagee to comply with any request of the any Mortgagor, or any Guarantor or any other Person so obligated to foreclose the Lien of this Mortgage or to enforce any provision hereunder or under the Credit Agreementany Secured Transaction Document; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the consent of, given notice to or paid any consideration to the any Mortgagor, any Guarantor or any such other Person, and in such event the each Mortgagor, each Guarantor and all such other Persons persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) occurrence of the Credit AgreementPayment In Full.

No Release of Obligations. Neither To the Mortgagorextent permitted by applicable law, neither the Trustor, any Guarantor nor any other person hereafter obligated for payment of all or any part of the Secured Obligations shall be relieved of such obligation by reason of: (a) the failure of the Trustee to comply with any request of the MortgagorTrustor, or any Guarantor or any other Person so obligated obligated, to foreclose the Lien of this Mortgage Deed of Trust or to enforce any provision hereunder or under the Credit Agreement; (b) the release, regardless of consideration, of the Mortgaged Deed of Trust Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Deed of Trust Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Deed of Trust Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage Deed of Trust without first having obtained the consent of, given notice to or paid any consideration to the MortgagorTrustor, any Guarantor or such other Person, and in such event the MortgagorTrustor, Guarantor and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) of Paid In Full In Cash and any other obligations hereunder or under the Credit AgreementAgreement are completely fulfilled.

No Release of Obligations. Neither the Mortgagor, Obligors, any Guarantor nor any other person Person hereafter obligated for payment of all or any part of the Secured Obligations Indebtedness shall be relieved of such obligation by reason of: of (a) the failure of the Trustee Mortgagee to comply with any request of the Mortgagor, Obligors, or any Guarantor or any other Person so obligated to foreclose the Lien lien of this Mortgage or to enforce any provision hereunder or under the Credit Agreement; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the consent of, given notice to or paid any consideration to the Mortgagor, Obligors, any Guarantor or such other Person, and in such event the Mortgagor, Obligors, Guarantor and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment of the Credit AgreementIndebtedness and the complete fulfillment of all obligations hereunder.

No Release of Obligations. Neither the Mortgagor, any Guarantor Mortgagor nor any other person Person hereafter obligated for payment of all or any part of the Secured Obligations Indebtedness shall be relieved of such obligation by reason of: of (a) the failure of the Trustee Mortgagee to comply with any request of the Mortgagor, Mortgagor or of any Guarantor or any other Person so obligated to foreclose the Lien of this Mortgage or to enforce any provision hereunder or under the Credit AgreementAgreement or any other Secured Document; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the consent of, given notice to or paid any consideration to the Mortgagor, any Guarantor or such other Person, and in such event the Mortgagor, any Guarantor and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if upon the Secured Obligations are paid as provided in Section 12.18(a) occurrence of the Credit AgreementRelease Date.

No Release of Obligations. Neither None of the Mortgagor, any Guarantor nor the Parent or any other person Person hereafter obligated for payment of all or any part of the Secured Obligations shall be relieved of such obligation Secured Obligation by reason of: (a) the failure of the Trustee and/or the Mortgagee to comply with any request of the Mortgagor, or any Guarantor the Parent or any other Person so obligated to foreclose the Lien of this Mortgage Deed of Trust or to enforce any provision hereunder or under the Credit AgreementSeries E Certificate of Designation; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage Deed of Trust without first having obtained the consent of, given notice to or paid any consideration to the Mortgagor, any Guarantor the Parent or such other Person, and in such event the Mortgagor, Guarantor the Parent and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) of the Credit AgreementRelease Date occurs.

No Release of Obligations. Neither the Mortgagor, the Company, any Guarantor Guarantor, nor any other person Person now or hereafter obligated for the payment or performance of all or any part of the Secured Obligations shall be relieved of any such obligation by reason of: of (a) the failure of the Trustee Mortgagee to comply with any request of the Mortgagor, or the Company, any Guarantor or any other Person so obligated to foreclose the Lien of this Mortgage or to enforce any provision hereunder or under the Credit AgreementIndenture; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the consent of, given notice to or paid any consideration to Mortgagor, the MortgagorCompany, any Guarantor or such other Person, and in any such event the Mortgagor, Guarantor the Company, all Guarantors and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment and performance of all of the Credit AgreementObligations.

No Release of Obligations. Neither the MortgagorTrustor, any Guarantor other Credit Party nor any other person hereafter obligated for payment of all or any part of the Secured Obligations shall be relieved of such obligation by reason of: (a) the failure of the Trustee to comply with any request of the MortgagorTrustor, or any Guarantor other Credit Party or any other Person so obligated obligated, to foreclose the Lien of this Mortgage Deed of Trust or to enforce any provision hereunder or under the Credit Agreement; (b) the release, regardless of consideration, of the Mortgaged Deed of Trust Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Deed of Trust Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Deed of Trust Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage Deed of Trust without first having obtained the consent of, given notice to or paid any consideration to the MortgagorTrustor, any Guarantor other Credit Party or such other Person, and in such event the MortgagorTrustor, Guarantor such other Credit Party and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) of the Credit Agreementfor Facility Termination.

No Release of Obligations. Neither the Mortgagor, Obligors, any Guarantor nor any other person Person hereafter obligated for payment of all or any part of the Secured Obligations Indebtedness shall be relieved of such obligation by reason of: of (a) the failure of the Trustee to comply with any request of the Mortgagor, Obligors, or any Guarantor or any other Person so obligated to foreclose the Lien lien of this Mortgage or to enforce any provision hereunder or under the Credit Agreement; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the consent of, given notice to or paid any consideration to the Mortgagor, Obligors, any Guarantor or such other Person, and in such event the Mortgagor, Obligors, Guarantor and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment of the Credit AgreementIndebtedness and the complete fulfillment of all obligations hereunder.

No Release of Obligations. Neither the Mortgagor, any Guarantor guarantor nor any other person hereafter obligated for payment of all or any part of the Secured Obligations Indebtedness shall be relieved of such obligation by reason of: of (a) the failure of the Trustee to comply with any request of the Mortgagor, or any Guarantor guarantor or any other Person person so obligated to foreclose the Lien lien of this Mortgage or to enforce any provision hereunder or under the Credit Agreement; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the written consent of, given notice to or paid any consideration to the Mortgagor, any Guarantor guarantor or such other Personperson, and in such event the Mortgagor, Guarantor guarantor and all such other Persons persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment of the Indebtedness and the complete fulfillment of all obligations hereunder or under the Credit Agreement.

No Release of Obligations. Neither the Mortgagor, any Guarantor Guarantor, any other guarantor of the Indebtedness, nor any other person hereafter obligated for payment of all or any part of the Secured Obligations Indebtedness shall be relieved of such obligation by reason of: of (a) the failure of the Trustee or Mortgagee to comply with any request of the Mortgagor, or any Guarantor guarantor or any other Person person so obligated to foreclose the Lien lien of this Second Mortgage or to enforce any provision hereunder or under the Amended and Restated Subordinated Credit Agreement; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Second Mortgage without first having obtained the consent of, given notice to or paid any consideration to the Mortgagor, any Guarantor guarantor or such other Personperson, and in such event the Mortgagor, Guarantor guarantor and all such other Persons persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment of the Indebtedness and the complete fulfillment of all obligations hereunder or under the Amended and Restated Subordinated Credit Agreement.

No Release of Obligations. Neither the Mortgagor, any Guarantor Mortgagor nor any other person Person hereafter obligated for payment of all or any part of the Secured Obligations Indebtedness shall be relieved of such obligation by reason of: of (a) the failure of the Trustee to comply with any request of the Mortgagor, or any Guarantor Mortgagee or any other Person so obligated to foreclose the Lien lien of this Mortgage or to enforce any provision hereunder or under the Credit Loan Agreement; (b) the release, regardless of consideration, of the Mortgaged Mortgage Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Mortgage Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Mortgage Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the consent of, given notice to or paid any consideration to the Mortgagor, any Guarantor Mortgagor or such other Person, and in such event the Mortgagor, Guarantor Mortgagor and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment of the Credit AgreementIndebtedness and the complete fulfillment of all obligations hereunder and under the Loan Documents.

No Release of Obligations. Neither the Mortgagor, any Guarantor Mortgagor nor any other person Person hereafter obligated for payment of all or any part of the Secured Obligations Indebtedness shall be relieved of such obligation by reason of: of (a) the failure of the Trustee to comply with any request of the Mortgagor, or any Guarantor Mortgagor or any other Person so obligated to foreclose the Lien lien of this Mortgage Deed of Trust or to enforce any provision hereunder or under any promissory note which constitutes Indebtedness under the Credit Agreementterms hereof e; (b) the release, regardless of consideration, of the Mortgaged Deed of Trust Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Deed of Trust Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Deed of Trust Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage Deed of Trust without first having obtained the consent of, given notice to or paid any consideration to the Mortgagor, any Guarantor Mortgagor or such other Person, and in such event the Mortgagor, Guarantor Mortgagor and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment of the Credit AgreementIndebtedness and the complete fulfillment of all obligations hereunder or under any promissory note which constitutes Indebtedness under the terms hereof.

No Release of Obligations. Neither the Mortgagor, any Guarantor guarantor nor any other person Person now or hereafter obligated for the payment or performance of all or any part of the Secured Obligations shall be relieved of any such obligation by reason of: of (a) the failure of the Trustee Mortgagee to comply with any request of the Mortgagor, or any Guarantor guarantor or any other Person so obligated to foreclose the Lien of this Mortgage or to enforce any provision hereunder or under the Credit Loan Agreement; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the consent of, given notice to or paid any consideration to the Mortgagor, any Guarantor guarantor or such other Person, and in any such event the Mortgagor, Guarantor guarantor and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment and performance of all of the Credit Obligations and the complete fulfillment of all obligations set forth herein and in the Loan Agreement.

No Release of Obligations. Neither the Mortgagor, any Guarantor Guarantor, any other guarantor of the Indebtedness, nor any other person hereafter obligated for payment of all or any part of the Secured Obligations Indebtedness shall be relieved of such obligation by reason of: of (a) the failure of the Trustee or Mortgagee to comply with any request of the Mortgagor, or any Guarantor guarantor or any other Person person so obligated to foreclose the Lien lien of this Mortgage or to enforce any provision hereunder or under the Second Amended and Restated Credit Agreement; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the consent of, given notice to or paid any consideration to the Mortgagor, any Guarantor guarantor or such other Personperson, and in such event the Mortgagor, Guarantor guarantor and all such other Persons persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment of the Indebtedness and the complete fulfillment of all obligations hereunder or under the Second Amended and Restated Credit Agreement.

No Release of Obligations. Neither the Mortgagor, any Guarantor guarantor nor any other person hereafter obligated for payment of all or any part of the Secured Obligations Indebtedness shall be relieved of such obligation by reason of: of (a) the failure of the Trustee to comply with any request of the Mortgagor, or any Guarantor guarantor or any other Person person so obligated to foreclose the Lien lien of this Mortgage or to enforce any provision hereunder or under the Credit Agreement; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the consent of, given notice to or paid any consideration to the Mortgagor, any Guarantor guarantor or such other Person, and in such event the Mortgagor, Guarantor guarantor and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment of the Indebtedness and the complete fulfillment of all obligations hereunder or under the Credit Agreement.

No Release of Obligations. Neither To the extent permitted by law, neither Mortgagor, the Company, any Guarantor Guarantor, nor any other person Person now or hereafter obligated for the payment or performance of all or any part of the Secured Obligations shall be relieved of any such obligation by reason of: of (a) the failure of the Trustee Mortgagee to comply with any request of the Mortgagor, or the Company, any Guarantor Guarantors, or any other Person so obligated to foreclose the Lien of this Mortgage or to enforce any provision hereunder or under the Credit Agreementother Transaction Documents; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the consent of, given notice to or paid any consideration to the Mortgagor, the Company, any Guarantor Guarantor, or such any other Person, and in any such event the Mortgagor, Guarantor the Company, all Guarantors, and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment and performance of all of the Credit AgreementObligations.

No Release of Obligations. Neither the MortgagorTrustor, any Guarantor other Borrower, nor any other person Person now or hereafter obligated for the payment or performance of all or any part of the Secured Obligations shall be relieved of any such obligation by reason of: of (a) the failure of the Trustee or Beneficiary to comply with any request of the MortgagorTrustor, or any Guarantor other Borrower or any other Person so obligated to foreclose the Lien of this Mortgage or Deed of Trust to enforce any provision hereunder or under the Credit Agreement; (b) the release, regardless of consideration, of the Mortgaged Trust Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Trust Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Trust Property and the Mortgagee Beneficiary extending, renewing, rearranging or in any other way modifying the terms of this Mortgage Deed of Trust without first having obtained the consent of, given notice to or paid any consideration to the MortgagorTrustor , any Guarantor other Borrower or such any other Person, and in any such event the MortgagorTrustor, Guarantor all other Borrowers and all such other Persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the MortgageeBeneficiary; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) complete payment and performance of all of the Credit AgreementObligations.

No Release of Obligations. Neither the Mortgagor, any Guarantor Mortgagor nor any other person hereafter obligated for payment of all or any part of the Secured Obligations shall be relieved of such obligation obligation, to the extent the Obligations remain due and owing, by reason of: (a) the failure of the Trustee to comply with any request of the Mortgagor, or any Guarantor or any other Person person so obligated to foreclose the Lien of this Mortgage or to enforce any provision hereunder or under the Credit Agreementany Transaction Document; (b) the release, regardless of consideration, of the Mortgaged Property or any portion thereof or interest therein or the addition of any other property to the Mortgaged Property; (c) any agreement or stipulation between any subsequent owner of the Mortgaged Property and the Mortgagee extending, renewing, rearranging or in any other way modifying the terms of this Mortgage without first having obtained the consent of, given notice to or paid any consideration to the Mortgagor, any Guarantor Mortgagor or such other Personperson, and in such event event, the Mortgagor, Guarantor Mortgagor and all such other Persons persons shall continue to be liable to make payment according to the terms of any such extension or modification agreement unless expressly released and discharged in writing by the Mortgagee; or (d) by any other act or occurrence save and except if the Secured Obligations are paid as provided in Section 12.18(a) of the Credit Agreementoccurrence.