Common use of Perfection Upon Recordation Clause in Contracts

Perfection Upon Recordation. Grantor acknowledges that Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trustee’s and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “xxxxxx” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 3 contracts

Samples: Credit Agreement (Avago Technologies LTD), Credit Agreement (Consol Energy Inc), Revolving Credit Facility (Consol Energy Inc)

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Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trust Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases, subject only to the assignment of such Rents pursuant to the Superior Deed of Trust and/or any separate assignment of Rents executed in conjunction therewith. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trustee’s and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “xxxxxx” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 3 contracts

Samples: Deed of Trust, Assignment of Rents and Leases, Fixture Filing and Security Agreement (GNLV Corp), Deed of Trust, Assignment of Rents and Leases, Fixture Filing and Security Agreement (GNLV Corp), Deed of Trust (GNLV Corp)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trust Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases, subject only to the assignment of such Rents pursuant to the Junior Deed of Trust and/or any separate assignment of Rents executed in conjunction therewith. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “xxxxxx” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 2 contracts

Samples: Deed of Trust, Assignment of Rents and Leases, Fixture Filing and Security Agreement (GNLV Corp), Deed of Trust, Assignment of Rents and Leases, Fixture Filing and Security Agreement (GNLV Corp)

Perfection Upon Recordation. Grantor acknowledges that Trustee and Beneficiary have has taken all reasonable actions necessary to obtain, and that upon recordation of this Deed of Trust, Trustee and Trust Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such LeasesLeases subject to the Permitted Encumbrances and in the case of security deposits, rights of depositors and requirements of law. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trustee’s and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “xxxxxx” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 2 contracts

Samples: Credit Agreement (Enviva Partners, LP), Credit Agreement (Enviva Partners, LP)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trust Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s 's and Beneficiary’s 's interest in the Rents shall be deemed to be fully perfected, "xxxxxx" and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the "Bankruptcy Code"), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Headwaters Inc), Credit Agreement (Headwaters Inc)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s 's and Beneficiary’s 's interest in the Rents shall be deemed to be fully perfected, “xxxxxx” and "choxxx" xnd enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”"BANKRUPTCY CODE"), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Credit Agreement (Ackerley Group Inc)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of TrustTrust and the filing of appropriate UCC financing statements, Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first prioritypriority (subject to Permitted Liens), present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s 's and Beneficiary’s 's interest in the Rents shall be deemed to be fully perfected, "xxxxxx" and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the "Bankruptcy Code"), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Rents and Leases and Security Agreement (Interdent Inc)

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Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of TrustTrust and the filing of appropriate UCC financing statements, Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priorityperfected security interest, present assignment of the Rents arising out of the Leases and all security for such LeasesLeases (subject to the Permitted Liens and Priority Liens). Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s 's and Beneficiary’s 's interest in the Rents shall be deemed to be fully perfected, "xxxxxx" and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the "Bankruptcy Code"), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Deed of Trust, Assignment of Rents and Leases and Security Agreement (Interdent Inc)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trust Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first [second] priority, present assignment of the Rents arising out of the Leases and all security for such Leases, subject only to the First Deed of Trust. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s 's and Beneficiary’s 's interest in the Rents shall shall, to the extent permitted by applicable law, be deemed to be fully perfected, “xxxxxx” "choate" and enforced as to Grantor Grantor, and to the extent permitted under xxxxx applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the "Bankruptcy Code"), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Icg Communications Inc /De/)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all reasonable actions necessary to obtain, and that upon recordation of this Deed of Trust, Trust Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such LeasesLeases subject to the Permitted Liens and in the case of security deposits, rights of depositors and requirements of law. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trustee’s and Trust Beneficiary’s 's interest in the Rents shall be deemed to be fully perfected, "xxxxxx" and enforced in force as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”"BANKRUPTCY CODE"), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trust Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases, subject only to the assignment of such Rents pursuant to the Junior Deed of Trust and/or any separate assignment of Leases executed in connection therewith. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “xxxxxx” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Samples: Deed of Trust (GNLV Corp)

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