Common use of Other Financing Documents Clause in Contracts

Other Financing Documents. The Mortgagor acknowledges that in addition to this Mortgage, other Financing Documents secure the Obligations. The Mortgagor agrees that the lien of this Mortgage shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of the Mortgagee and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by any acceptance by the Mortgagee of any security for or guarantees of any of the Obligations hereby secured, or by any failure, neglect or omission on the part of the Mortgagee to realize upon or protect any Obligation hereby secured or any collateral security therefor including the other Financing Documents. The lien hereof shall not in any manner be impaired or affected by any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any of the Obligations secured or of any of the collateral security therefor, including the other Financing Documents or of any guarantee thereof, and the Mortgagee may at its discretion foreclose, exercise any power of sale, or exercise any other remedy available to it under any or all of the other Financing Documents without first exercising or enforcing any of its rights and remedies hereunder. Such exercise of the Mortgagee's rights and remedies under any or all of the other Financing Documents shall not in any manner impair the Obligations hereby secured or the lien of this Mortgage and any exercise of the rights or remedies of the Mortgagee hereunder shall not impair the lien of any of the other Financing Documents or any of the Mortgagee's rights and remedies thereunder. The undersigned specifically consents and agrees that the Mortgagee may exercise its rights and remedies hereunder and under the other Financing Documents separately or concurrently and in any order that it may deem appropriate, and the undersigned waives any rights of subrogation until the Obligations are paid in full in cash. In the event of a conflict between the terms and provisions of this Mortgage and the Credit Agreement, both documents shall be read together and construed, to the fullest extent possible, to be in concert with each other. In the event of a conflict that cannot be so resolved, the terms and provisions of the Credit Agreement shall control and govern.

Appears in 1 contract

Samples: Credit Agreement (Orion Power Holdings Inc)

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Other Financing Documents. The Mortgagor acknowledges that in addition to this Mortgage, other Financing Documents secure the Obligations. The Mortgagor agrees that the lien of this Mortgage shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of the Mortgagee and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by any acceptance by the Mortgagee of any security for or guarantees of any of the Obligations hereby secured, or by any failure, neglect or omission on the part of the Mortgagee to realize upon or protect any Obligation hereby secured or any collateral security therefor including the other Financing Documents. The lien hereof shall not in any manner be impaired or affected by any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any of the Obligations secured or of any of the collateral security therefor, including the other Financing Documents or of any guarantee thereof, and the Mortgagee may at its discretion foreclose, exercise any power of sale, or exercise any other remedy available to it under any or all of the other Financing Documents without first exercising or enforcing any of its rights and remedies hereunder. Such exercise of the Mortgagee's rights and remedies under any or all of the other Financing Documents shall not in any manner impair the Obligations hereby secured or the lien of this Mortgage and any exercise of the rights or remedies of the Mortgagee hereunder shall not impair the lien of any of the other Financing Documents or any of the Mortgagee's rights and remedies thereunder. The undersigned specifically consents and agrees that the Mortgagee may exercise its rights and remedies hereunder and under the other Financing Documents separately or concurrently and in any order that it may deem appropriate, and the undersigned waives any rights of subrogation until the Obligations are paid in full in cashfull. In the event of a conflict between the terms and provisions of this Mortgage and the Credit Agreement, both documents shall be read together and construed, to the fullest extent possible, to be in concert with each other. In the event of a conflict that cannot be so resolved, the terms and provisions of the Credit Agreement shall control and govern.

Appears in 1 contract

Samples: Credit Agreement (Orion Power Holdings Inc)

Other Financing Documents. The Mortgagor acknowledges that in addition to this Mortgage, other Financing Documents secure the Obligations. The Mortgagor agrees that the lien of this Mortgage shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of the Mortgagee and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by any acceptance by the Mortgagee of any security for or guarantees of any of the Obligations hereby secured, or by any failure, neglect or omission on the part of the Mortgagee to realize upon or protect any Obligation hereby secured or any collateral security therefor including the other Financing Documents. The lien hereof shall not in any manner be impaired or affected by any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any xxxxxxxxxxxx xx xxxxxxxxxxx xx xxy of the Obligations secured or of any of the collateral security therefor, including the other Financing Documents or of any guarantee thereof, and the Mortgagee may at its discretion foreclose, exercise any power of sale, or exercise any other remedy available to it under any or all of the other Financing Documents without first exercising or enforcing any of its rights and remedies hereunder. Such exercise of the Mortgagee's rights and remedies under any or all of the other Financing Documents shall not in any manner impair the Obligations hereby secured or the lien of this Mortgage and any exercise of the rights or remedies of the Mortgagee hereunder shall not impair the lien of any of the other Financing Documents or any of the Mortgagee's rights and remedies thereunder. The undersigned specifically consents and agrees that the Mortgagee may exercise its rights and remedies hereunder and under the other Financing Documents separately or concurrently and in any order that it may deem appropriate, and the undersigned waives any rights of subrogation until the Obligations are paid in full in cash. In the event of a conflict between the terms and provisions of this Mortgage and the Credit Agreement, both documents shall be read together and construed, to the fullest extent possible, to be in concert with each other. In the event of a conflict that cannot be so resolved, the terms and provisions of the Credit Agreement shall control and govern.

Appears in 1 contract

Samples: Credit Agreement (Orion Power Holdings Inc)

Other Financing Documents. The Mortgagor acknowledges that in addition to this Mortgage, other Financing Documents secure the Obligations. The Mortgagor agrees that the lien of this Mortgage shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of the Mortgagee and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by any acceptance by the Mortgagee of any security for or guarantees of any of the Obligations hereby secured, or by any failure, neglect or omission on the part of the Mortgagee to realize upon or protect any Obligation hereby secured or any collateral security therefor including the other Financing Documents. The lien hereof shall not in any manner be impaired or affected by any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any of the Obligations secured or of any of the collateral security therefor, including the other Financing Documents or of any guarantee thereof, and the Mortgagee may at its discretion foreclose, exercise any power of sale, or exercise any other remedy available to it under any or all of the other Financing Documents without first exercising or enforcing any of its rights and remedies hereunder. Such exercise of the Mortgagee's rights and remedies under any or all of the other Financing Documents shall not in any manner impair the Obligations hereby secured or the lien of this Mortgage and any exercise of the rights or remedies of the Mortgagee hereunder shall not impair the lien of any of the other Financing Documents or any of the Mortgagee's rights and remedies thereunder. The undersigned specifically consents and agrees that the Mortgagee may exercise its rights and remedies hereunder and under the other Financing Documents separately or concurrently and in any order that it may deem appropriate, and the undersigned waives any rights of subrogation until the Obligations are paid in full in cashsubrogation. In the event of a conflict between the terms and provisions of this Mortgage and the Credit Agreement, both documents shall be read together and construed, to the fullest extent possible, to be in concert with each other. In the event of a conflict that cannot be so resolved, the terms and provisions of the Credit Agreement shall control and govern.

Appears in 1 contract

Samples: Credit Agreement (Orion Power Holdings Inc)

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Other Financing Documents. The Mortgagor Grantor acknowledges that in addition to this MortgageDeed of Trust, other Financing Documents secure the Obligations. The Mortgagor Grantor agrees that the lien of this Mortgage Deed of Trust shall be absolute and unconditional and shall not in any manner be affected or impaired by any acts or omissions whatsoever of the Mortgagee Trustee or the Beneficiary and, without limiting the generality of the foregoing, the lien hereof shall not be impaired by any acceptance by the Mortgagee Trustee or the Beneficiary of any security for or guarantees of any of the Obligations hereby secured, or by any failure, neglect or omission on the part of the Mortgagee Trustee or the Beneficiary to realize upon or protect any Obligation hereby secured or any collateral security therefor including the other Financing Documents. The Except as provided in Section 3.05(a) hereof, the lien hereof shall not in any manner be impaired or affected by any release (except as to the property released), sale, pledge, surrender, compromise, settlement, renewal, extension, indulgence, alteration, changing, modification or disposition of any of the Obligations secured or of any of the collateral security therefor, including the other Financing Documents or of any guarantee thereof, and the Mortgagee Trustee or the Beneficiary may at its discretion foreclose, exercise any power of sale, or exercise any other remedy available to it under any or all of the other Financing Documents without first exercising or enforcing any of its rights and remedies hereunder. Such exercise of the MortgageeTrustee's or the Beneficiary's rights and remedies under any or all of the other Financing Documents shall not in any manner impair the Obligations hereby secured or the lien of this Mortgage Deed of Trust and any exercise of the rights or remedies of the Mortgagee Trustee or the Beneficiary hereunder shall not impair the lien of any of the other Financing Documents or any of the MortgageeTrustee's or the Beneficiary's rights and remedies thereunder. The undersigned specifically consents and agrees that the Mortgagee Trustee or the Beneficiary may exercise its rights and remedies hereunder and under the other Financing Documents separately or concurrently and in any order that it may deem appropriate, and the undersigned waives any rights of subrogation until the Obligations are paid in full in cashfull. In the event of a conflict between the terms and provisions of this Mortgage Deed of Trust and the Credit Agreement, both documents shall be read together and construed, to the fullest extent possible, to be in concert with each other. In the event of a conflict that cannot be so resolved, the terms and provisions of the Credit Agreement shall control and govern.

Appears in 1 contract

Samples: Credit Agreement (Orion Power Holdings Inc)

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