Common use of Personalty Clause in Contracts

Personalty. (a) All tangible and intangible personal property of Mortgagor (whether now owned or hereafter acquired), including all equipment, inventory, goods, consumer goods, chattel paper, instruments, working capital reserves, project escrows, money (which are rental, tax or insurance deposits), general intangibles, documents, minerals, crops and timber (as those terms are defined in the applicable Uniform Commercial Code) and all other personal property of Mortgagor which is attached to, installed on or placed or used on, in connection with or is acquired for such attachment, installation, placement or use, or which arises out of the development, improvement, financing, leasing, operation or use of (i) the Land together with all rights, titles and interests appurtenant thereof, (ii) any and all Buildings, structures, open parking areas and other improvements, now or any time hereafter situated, placed or constructed upon the Land or any part thereof, (iii) the Fixtures, or (iv) other goods located on the Land or Buildings, together with all additions, accessions, accessories, amendments and modifications thereto, extensions, renewals, replacements, enlargements and proceeds thereof, substitutions therefor, and income and profits therefrom; and (b) All Inventory; and (c) all the estate, right, title, interest, claim or demand whatsoever of Mortgagor, either at law or in equity, in and to the Accounts, the Deposited Funds and the General Intangibles; and (d) All materials, supplies, equipment, apparatus and other items now or hereafter attached to, installed on or in the Land or the Buildings, or which in some fashion are deemed to be fixtures to the Land or Buildings under the laws of the state where the Mortgaged Property is located, including the Uniform Commercial Code of such state; and (e) Any and all leases, subleases, licenses, concessions or other agreements (written or verbal, now or hereafter in effect) which grant a possessory interest in and to, or the right to extract, mine, reside in, sell or use the Mortgaged Property or any portion thereof, and all other agreements, including, but not limited to, utility contracts, management agreements, maintenance agreements and service contracts, which in any way relate to the use, occupancy, operation, maintenance, enjoyment or ownership of the Mortgaged Property, all contracts or agreements relating to the sale of all or any part of the Mortgaged Property, save and except any and all leases, subleases or other agreements pursuant to which Mortgagor is granted a possessory interest in the Mortgaged Property.

Appears in 2 contracts

Samples: Mortgage, Security Agreement, Assignment of Leases and Rents (Glimcher Realty Trust), Junior Mortgage, Security Agreement, Assignment of Leases and Rents (Glimcher Realty Trust)

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Personalty. (a) All tangible and intangible personal property of Mortgagor (whether now owned or hereafter acquired), including all equipment, inventory, goods, consumer goods, chattel paper, instruments, working capital reserves, project escrows, money (which are rental, tax or insurance deposits), general intangibles, documents, minerals, crops and timber (as those terms are defined in the applicable Uniform Commercial Code) and all other personal property of Mortgagor which is attached to, installed on or placed or used on, in connection with or is acquired for such attachment, installation, placement or use, or which arises out of the development, improvement, financing, leasing, operation or use of (i) the Land together with all rights, titles and interests appurtenant thereof, (ii) any and all Buildings, structures, open parking areas and other improvements, now or any time hereafter situated, placed or constructed upon the Land or any part thereof, (iii) the Fixtures, or (iv) other goods located on the Land or Buildings, together with all additions, accessions, accessories, amendments and modifications thereto, extensions, renewals, replacements, enlargements and proceeds thereof, substitutions therefor, and income and profits therefrom; and (b) All Inventory; and (c) all the estate, right, title, interest, claim or demand whatsoever and interest of Mortgagor, either at law or in equity, Borrower in and to the Accounts(i) furniture, the Deposited Funds and the General Intangibles; and (d) All materials, suppliesfurnishings, equipment, apparatus and other items now or hereafter attached tomachinery, installed on or in the Land or the Buildings, or which in some fashion are deemed to be fixtures to the Land or Buildings under the laws of the state where the Mortgaged Property is located, including the Uniform Commercial Code of such state; and goods (e) Any and all leases, subleases, licenses, concessions or other agreements (written or verbal, now or hereafter in effect) which grant a possessory interest in and to, or the right to extract, mine, reside in, sell or use the Mortgaged Property or any portion thereof, and all other agreements, including, but not limited to, crops, farm products, timber and timber to be cut, and extracted minerals); (ii) general intangibles, notes, chattel paper, money, insurance proceeds, accounts, contract and subcontract rights, trademarks, tradenames, inventory; (iii) all refundable, returnable, or reimbursable fees, deposits or other funds or evidences of credit or indebtedness deposited by or on behalf of Borrower with any governmental agencies, boards, corporations, providers of utility contractsservices, management agreementspublic or private, maintenance agreements including specifically, but without limitation, all refundable, returnable, or reimbursable tap fees, utility deposits, origination fees and service contractsdevelopment costs, which in any way relate awards, remunerations, reimbursements, settlements, or compensation heretofore made or hereafter to be made by any Governmental Authority pertaining to the Land, Improvements, Fixtures, Contracts, or Personalty, including but not limited to those for any vacation of, or change of grade in, any streets affecting the Land or the Improvements and those for municipal utility district or other utility costs incurred or deposits made in connection With the Land; and (iv) all other personal property of any kind or character as defined in and subject to the provisions of the Code (Article 9 - Secured Transactions); any and all of which are now owned or hereafter acquired by Borrower, and which are now or hereafter situated in, on, or about the Land or the Improvements, or used in or necessary to the complete and proper planning, development, construction, financing, use, occupancy, operationor operation thereof, maintenance, enjoyment or ownership of the Mortgaged Property, all contracts or agreements relating acquired (whether delivered to the sale of Land or stored elsewhere) for use in or on the Land or the Improvements, together with all accessions, replacements, and substitutions thereto or any part of therefor and the Mortgaged Property, save and except any and all leases, subleases or other agreements pursuant to which Mortgagor is granted a possessory interest in the Mortgaged Propertyproceeds thereof.

Appears in 1 contract

Samples: Revolving Line of Credit Loan Agreement (Newmark Homes Corp)

Personalty. (a) a. All tangible and intangible personal property of Mortgagor (whether now owned or hereafter acquired), including including, without limitation, all equipment, inventory, goods, consumer goods, chattel paper, instruments, working capital reserves, project escrows, money (which are rental, tax or insurance deposits), general intangibles, documents, minerals, crops and timber (as those terms are defined in the applicable Uniform Commercial Code) UCC), vehicles, intercom and paging equipment, electric and electronic equipment, dictating equipment, private telephone systems, medical equipment, potted plants, fire prevention and extinguishing apparatus, cooling and air-conditioning systems, elevators, escalators, fittings, plants, apparatus, stoves, ranges, refrigerators, laundry machines, tools, engines, dynamos, motors, boilers, incinerators, switchboards, conduits, compressors, vacuum cleaning systems, floor cleaning, waxing and polishing equipment, call systems, brackets, electrical signs, bulbs, bells, ash and fuel, conveyors, cabinets, lockers, shelving, spotlighting equipment, dishwashers, garbage disposals, washers and dryers, other customary office equipment; b. and all other personal property of Mortgagor which is attached to, installed on or placed or used on, in connection with or is acquired for such attachment, installation, placement or use, or which arises out of the development, improvement, financing, leasing, operation or use of (i) the Land Real Property together with all rights, titles and interests appurtenant thereof, (ii) any and all BuildingsImprovements, structures, open parking areas and other improvements, now or any time hereafter situated, placed or constructed upon the Land Real Property or any part thereof, (iii) the Fixtures, or (iv) other goods located on the Land Real Property or BuildingsImprovements, together with all additions, accessions, accessories, amendments and modifications thereto, extensions, renewals, replacements, enlargements and proceeds thereof, substitutions therefor, and income and profits therefrom; and (b) c. All Inventory; and (c) all d. All the estate, right, title, interest, claim or demand whatsoever of Mortgagor, either at law or in equity, in and to the Accounts, the Deposited Funds and the General Intangibles; and (d) e. All materials, supplies, equipment, apparatus and other items now or hereafter attached to, installed on or in the Land Real Property or the BuildingsImprovements, or which in some fashion are deemed to be fixtures to the Land Real Property or Buildings Improvements under the laws of the state where the Mortgaged Property is locatedState, including the Uniform Commercial Code of such stateState UCC as in effect from time to time; and (e) f. Any and all leasesLeases, subleases, licenses, concessions or other agreements (written or verbal, now or hereafter in effect) which grant a possessory interest in and to, or the right to extract, mine, reside in, sell or use the Mortgaged Property or any portion thereof, and all other agreements, including, but not limited to, utility contracts, management agreements, maintenance agreements and service contracts, which in any way relate to the use, occupancy, operation, maintenance, enjoyment or ownership of the Mortgaged Property, all contracts or agreements relating to the sale of all or any part of the Mortgaged Property, save and except any and all leases, subleases or other agreements pursuant to which Mortgagor is granted a possessory interest in the Mortgaged Property.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Gramercy Property Trust Inc.)

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Personalty. All of the right, title and interest of Borrower in and to (ai) All furniture, furnishings, equipment, machinery, tangible personal property, and intangible personal property goods located within, used in the operation of Mortgagor or derived from the Improvements; (whether now owned ii) crops, farm products, timber and timber to be cut from the Land and extracted Minerals; (iii) to the extent used in the operation of the Improvements or hereafter acquiredderived from the Land, Minerals or Improvements or the operation thereof, general intangibles (including payment intangibles), including all equipmentmoney, inventoryinsurance proceeds, goodsaccounts, consumer goodscontract and subcontract rights, trademarks, trade names, copyrights, monetary obligations, chattel paper (including electronic chattel paper), instruments, working capital reserves, project escrows, money (which are rental, tax or insurance deposits), general intangiblesinvestment property, documents, mineralsletter of credit rights, crops inventory and timber commercial tort claims; (as those terms are defined iv) to the extent used in the applicable Uniform Commercial Codeoperation of the Improvements or derived from the Land, Minerals or Improvements or the operation thereof, all cash funds, fees (whether refundable, returnable or reimbursable), deposit accounts or other funds or evidences of cash, credit or indebtedness deposited by or on behalf of Borrower with any governmental agencies, boards, corporations or providers of utility services, public or private, including specifically, without limitation, all refundable, returnable or reimbursable tap fees, utility deposits, commitment fees and development costs, any awards, remunerations, reimbursements, settlements or compensation heretofore made or hereafter to be made by any Governmental Authority pertaining to the Land, Improvements, Fixtures, Contracts or Personalty, including those for any vacation of, or change of grade in, any streets affecting the Land or the Improvements and those for municipal utility district or other utility costs incurred or deposits made in connection with the Land; and (v) and all other personal property of Mortgagor which is attached to, installed on any kind or placed or used on, character as defined in connection with or is acquired for such attachment, installation, placement or use, or which arises out and subject to the provisions of the development, improvement, financing, leasing, operation or use of Code (i) the Land together with all rights, titles and interests appurtenant thereof, (ii) Article 9 - Secured Transactions); any and all Buildingsof which are now owned or hereafter acquired by Borrower, structures, open parking areas and other improvements, which are now or any time hereafter situatedsituated in, placed on or constructed upon about the Land or any part the Improvements, or used in or necessary to the financing, use, occupancy or operation thereof, or acquired (iiiwhether delivered to the Land or stored elsewhere) the Fixtures, for use in or (iv) other goods located on the Land or Buildingsthe Improvements, together with all additions, accessions, accessories, amendments replacements and modifications thereto, extensions, renewals, replacements, enlargements substitutions thereto or therefor and the proceeds thereof, substitutions therefor, and income and profits therefrom; and (b) All Inventory; and (c) all the estate, right, title, interest, claim or demand whatsoever of Mortgagor, either at law or in equity, in and to the Accounts, the Deposited Funds and the General Intangibles; and (d) All materials, supplies, equipment, apparatus and other items now or hereafter attached to, installed on or in the Land or the Buildings, or which in some fashion are deemed to be fixtures to the Land or Buildings under the laws of the state where the Mortgaged Property is located, including the Uniform Commercial Code of such state; and (e) Any and all leases, subleases, licenses, concessions or other agreements (written or verbal, now or hereafter in effect) which grant a possessory interest in and to, or the right to extract, mine, reside in, sell or use the Mortgaged Property or any portion thereof, and all other agreements, including, but not limited to, utility contracts, management agreements, maintenance agreements and service contracts, which in any way relate to the use, occupancy, operation, maintenance, enjoyment or ownership of the Mortgaged Property, all contracts or agreements relating to the sale of all or any part of the Mortgaged Property, save and except any and all leases, subleases or other agreements pursuant to which Mortgagor is granted a possessory interest in the Mortgaged Property.

Appears in 1 contract

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.)

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