Open-End Mortgage. Assignment of Leases and Rents, Security Agreement and Fixture Filing, made as of July 29, 1997, by Borrower to Subordinated Creditor, relating to mortgaged property located in Columbus, in the County of Franklin, in the State of Ohio.
Open-End Mortgage. This Mortgage is an Open-End Mortgage as defined in Section 8143(f) of Title 42 of the Pennsylvania Consolidated Statutes, and as such, is entitled to the benefits of 42 PA. C.S.A. § 8143 et seq. (the “Act”) and shall secure any additional loans as well as any and all present or future advance and readvances under the Credit Agreement, or any other Credit Document, made by Mortgagee to or for the benefit of Mortgagor or the Mortgaged Property, all of which shall be entitled to the benefits of an Open-End Mortgage under 42 Pa. C.S.A. § 8143 and shall have the same lien priority as if the future loans, advances or readvances were made as of the date hereof, including, without limitation: (1) principal, interest, late charges, fees and other amounts due under the Credit Agreement, the Credit Documents or this Mortgage; (ii) all advances by Mortgagee to Mortgagor or any other person to pay costs of erection, construction, alteration, repair, restoration, maintenance and completion of any improvements on the Mortgaged Property; (iii) all advances made or costs incurred by Mortgagee for the payment of real estate taxes, assessments or other governmental charges, maintenance charges, insurance premiums, appraisal charges, environmental inspection, audit, testing or compliance costs and costs incurred by Mortgagee for the enforcement and protection of the Mortgaged Property or the lien on this Mortgage; and (iv) all legal fees, costs and other expenses incurred by Mortgagee by reason of any default or otherwise in connection with the Credit Agreement, the Credit Documents or this Mortgage. The maximum amount of indebtedness (as defined in 42 PA. C.S.A. § 8143) that may be outstanding at any time and secured hereby is $400,000,000.00, plus accrued and unpaid interest thereon. Notices pursuant to the Act shall be delivered to: Coöperatieve Centrale Raiffeisen-Boerenleenbank B.A 000 Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Attention: Loan Syndications
Open-End Mortgage. This is an “OPEN-END MORTGAGE” made pursuant to and subject to all of the terms and provisions of Section 49-2(c) of the Connecticut General Statutes and the holder hereof shall have all of the rights, powers and protection to which the holder of an OPEN-END MORTGAGE DEED is entitled under Connecticut law. Upon request the Mortgagee may, in its discretion, make future advances to Mortgagor pursuant to the Note, notwithstanding any repayments or prepayments of the outstanding principal balance of the Note. Any such future advance and the interest payable thereon shall be secured by this Mortgage, equally with, and with the same priority over other claims as the original debt secured hereby when evidenced by promissory notes stating that the notes are secured hereby. At no time shall the principal amount of the debt secured by this Mortgage exceed the original loan authorized, nor shall the maturity of any future advance secured hereby extend beyond the maturity of the original mortgage debt as stated in the Note.
Open-End Mortgage. Security Agreement and Fixture Financing Statement from the Borrower to the Lender with respect to the Inn located at 00000 Xxxxxxx Road, Cincinnati, Ohio.
Open-End Mortgage. Assignment of Leases and Rents, Security Agreement and Fixture Filing, made as of July 29, 1997, by Borrower to Subordinated Creditor, relating to mortgaged property located in Philadelphia, in the County of Philadelphia, in the State of Pennsylvania.
Open-End Mortgage. As stated in the recitals of this Mortgage, the Obligations include both loans now existing under the Loan Agreement and future loans that may be advanced thereunder and Mortgagor’s obligations pursuant to the Security Agreement. Pursuant to Maine’s Open-End Mortgage statute, Title 33 § 505 of the Maine Revised Statutes of 1964, as amended (herein called the “Open-End Mortgage Statute”), the aggregate principal amount of all debts or obligations secured hereby and remaining unpaid including “future advances” but not including “contingent obligations” or “protective advances” as such terms are defined in the Open-End Mortgage Statute, shall not at any time exceed $116,700,000, and the Mortgagor’s obligations under the Security Agreement shall be “contingent obligations” as defined in the Open-End Mortgage Statute and the maximum amount of such contingent obligations shall not at any time exceed $116,700,000 (collectively, the “Maximum Amounts”); provided, further, that nothing herein contained shall limit the amount secured by this Mortgage if such amount is increased by “protective advances” as defined in the Open-End Mortgage Statute. All of the Obligations that are “future advances,” “contingent obligations” or “protective advances” as such terms are defined in the Open-End Mortgage Statute shall be secured by this Mortgage with the record priority set forth in the Open-End Mortgage Statute. The Maximum Amounts shall only pertain to the record priority of the amount secured hereby pursuant to the Open-End Mortgage Statute and do not otherwise limit the amount of total obligations of Mortgagor secured hereby or limit the liability of Mortgagor to the Mortgagee or the Secured Parties for such total obligations.
Open-End Mortgage. This Mortgage shall constitute an “Open-End Mortgage” as such term is defined in 42 Pa.C.S. §8143(f), and shall secure Future Advances and shall have lien priority in accordance with the provisions of 42 Pa.C.S. §§8143 and 8144. Notwithstanding the foregoing, to the maximum extent permitted by law, Mortgagor hereby unconditionally and irrevocably waives its right to submit a notice to Mortgagee under 42 Pa.C.S. §8143(c). In addition to the other remedies available under the Loan Agreement and any other document evidencing the Secured Obligations, any advances made after receipt of any such notice, whether or not made pursuant to 42 Pa.C.S. §8143 and/or §8144, shall be secured hereby and shall relate back to the date when this Mortgage was left for recording with the recorder of deeds. In the event any person or entity shall submit a notice to Mortgagee under 42 Pa.C.S. §8143(b), in addition to the other remedies available under this Mortgage, the Loan Agreement and any other document evidencing the Secured Obligations, Mortgagor shall have the lien or encumbrance which is the subject of such notice removed of record in accordance with this Mortgage; and any advances made by Mortgagee after receipt of any such notice whether or not made under 42 Pa.C.S. §8143(b) shall be deemed to be obligatory advances made under, shall be secured hereby, and shall relate back to the date when this Mortgage was left for recording with the recorder of deeds. By placing or accepting any such lien or encumbrance against any or all of the Subject Property, the holder thereof shall be deemed to have agreed to the maximum extent permitted by law that its lien or encumbrance shall be subject and subordinate in lien priority to this Mortgage and to any subsequent advances made under the Loan Agreement and any other document evidencing the Secured Obligations, to all accrued and unpaid interest and to all other sums secured hereby. This Mortgage is given to secure the obligations of the Mortgagor and certain of Mortgagor’s Affiliates under, or in respect of, the Loan Documents to which Mortgagor and its Affiliates are parties, up to that amount which is equal to the amount of the aggregate maximum permitted principal indebtedness provided under the terms of the Loan Documents and shall secure not only obligations with respect to presently existing indebtedness under the foregoing documents and agreements, but also any and all other indebtedness now owing or which may hereafter be o...
Open-End Mortgage. For all items of the Property in which an interest ------------------ arises under real estate law, this is an open-end mortgage which secures payment of future advances.
Open-End Mortgage. Security Agreement and Fixture Financing Statement from Marriott Residence Inn Limited Partnership to the German American Capital Corporation with respect to the Inn located at 00000 Xxxxxxx Xxxx, Cincinnati, Ohio, recorded at Book 6883, page 1847, Xxxxxxxx County Recorder's Office.
Open-End Mortgage. This Mortgage is an “Open-End Mortgage” within the meaning of Connecticut General Statutes §49-2(c), and the holder hereof shall have all of the rights, powers and protections to which the holder of any such Open-End Mortgage is entitled under Connecticut law. The obligations created by the Credit Agreement specifically permits future advances, including advances which may be made pursuant to a commercial revolving loan agreement. The full amount of the Loans and Letters of Credit authorized is $230,000,000 including (a) a Term Loan in the aggregate principal amount not to exceed $185,000,000 to be advanced and fully funded on the date hereof, (b) Revolving Loans in an aggregate principal amount not to exceed $20,000,000, (c) Swingline Loans in an aggregate principal amount not to exceed $10,000,000; and Letters of Credit in an aggregate face amount not in excess of $15,000,000, (provided, however, that the overall limit of all such Revolving Loans, Swingline Loans and Letters of Credit outstanding at any time shall not exceed $20,000,000) and (d) Incremental Term Loans and increases in the Revolving Credit Commitment in an amount not to exceed the then available Incremental Revolving Facility Amount in a combined aggregate principal amount not to exceed $25,000,000 at any time. It is understood that future advances may be made as provided in the Credit Agreement and in this Mortgage, with respect to Revolving Loans, Swingline Loans, Letters of Credit, Incremental Term Loans and Incremental Revolving Facility Amounts. The maximum term(s) (“Maturity Date(s)”) of the Loans and Letters of Credit herein authorized are as follows: The Term Loan, June 15, 2014; the Revolving Loans, June 15, 2012; the Swingline Loans, June 15, 2012; the Letters of Credit, June 15, 2012; the Incremental Term Loans, June 15, 2014 and any Incremental Revolving Facility Amount, June 15, 2012.
