Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee 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. Xxxxxxxxx acknowledges and agrees that upon recordation of this Mortgage Mortgagee’s interest in the Rents shall be deemed to be fully perfected, “xxxxxx” and enforced as to Mortgagor and 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 Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.
Appears in 3 contracts
Samples: Amended and Restated Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing (Pantry Inc), Mortgage Agreement (Pantry Inc), Mortgage, Security Agreement, Assignment of Rents and Leases (Pantry Inc)
Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee shall have, to the extent permitted under applicable law, a valid and fully perfected perfected, first priority priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Xxxxxxxxx Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgagee’s 's interest in the Rents shall be deemed to be fully perfected, “"xxxxxx” " and enforced as to Mortgagor and 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 Mortgage, 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 (Diamond Brands Operating Corp), Credit Agreement (DMW Worldwide Inc)
Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee shall have, to the extent permitted under applicable law, a valid and fully perfected perfected, first priority priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Xxxxxxxxx Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgagee’s interest in the Rents shall be deemed to be fully perfected, “xxxxxx” and enforced as to Mortgagor 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 Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Vici Properties Inc.), First Lien Credit Agreement (CAESARS ENTERTAINMENT Corp)
Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee 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. Xxxxxxxxx Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgagee’s interest in the Rents shall be deemed to be fully perfected, “xxxxxx” and enforced as to Mortgagor and 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 Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.
Appears in 2 contracts
Samples: Multistate Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture Filing (Pantry Inc), Mortgage, Security Agreement, Assignment of Rents and Leases (Pantry Inc)
Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all actions necessary to obtain, and that upon recordation of this Mortgage Mortgagee shall have, to the extent permitted under applicable law, a valid and fully perfected first priority perfected, First Priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Xxxxxxxxx Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgagee’s interest in the Rents shall be deemed to be fully perfected, “xxxxxx” and enforced as to Mortgagor and all third parties, including, without limitation, including 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 Mortgage, 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 (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc)
Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all actions necessary to obtain, and that upon recordation of this Mortgage Mortgage, Mortgagee shall have, to the extent permitted under applicable law, a valid and fully perfected perfected, first priority priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Xxxxxxxxx Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgage, Mortgagee’s interest in the Rents shall be deemed to be fully perfected, “xxxxxx” and enforced as to Mortgagor and 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 Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.
Appears in 1 contract
Samples: Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Dixie Group Inc)
Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee Mxxxxxxxx has taken all reasonable actions necessary to obtainprovide, and that upon recordation of this Mortgage Security Instrument Mortgagee shall have, to the extent permitted under applicable law, a valid and fully perfected perfected, first priority priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Xxxxxxxxx Mxxxxxxxx acknowledges and agrees that upon recordation of this Mortgage Security Instrument Mortgagee’s interest in the Rents shall be deemed to be fully perfected, “xxxxxxcxxxxx” and enforced as to Mortgagor and 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 MortgageSecurity Instrument, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.
Appears in 1 contract
Samples: Senior Secured Notes Agreement (Office Properties Income Trust)
Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee has taken all actions necessary to obtain, and that upon recordation of this Mortgage Mortgage, Mortgagee shall have, to the extent permitted under applicable law, a valid and fully perfected perfected, first priority priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Xxxxxxxxx Mortgagor acknowledges and agrees that upon recordation of this Mortgage Mortgage, Mortgagee’s interest in the Rents shall be deemed to be fully perfected, “xxxxxxcxxxxx” and enforced as to Mortgagor and 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 Mortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.
Appears in 1 contract
Perfection Upon Recordation. Mortgagor acknowledges that Mortgagee Xxxxxxxxx has taken all reasonable actions necessary to obtainprovide, and that upon recordation of this Mortgage Security Instrument Mortgagee shall have, to the extent permitted under applicable law, a valid and fully perfected perfected, first priority priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Xxxxxxxxx acknowledges and agrees that upon recordation of this Mortgage Security Instrument Mortgagee’s interest in the Rents shall be deemed to be fully perfected, “xxxxxx” and enforced as to Mortgagor and 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 MortgageSecurity Instrument, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.
Appears in 1 contract
Samples: Senior Secured Notes Agreement (Diversified Healthcare Trust)