Possession by Mortgagee. Notwithstanding the appointment of any receiver, liquidator or trustee of Mortgagor, any of its property or the Mortgaged Property, Mortgagee shall be entitled, to the extent not prohibited by law, to remain in possession and control of all parts of the Mortgaged Property now or hereafter granted under this Mortgage to Mortgagee in accordance with the terms hereof and applicable law.
Possession by Mortgagee. Upon the occurrence of Default, to the ----------------------- extent permitted by Law, the Mortgagee may but shall not be required to enter upon and take possession of the Collateral without notice to the Grantor, judicial process, or the appointment of a receiver. The Mortgagee may exclude all persons from the Collateral and may proceed to operate the Collateral and receive all Revenues. The Mortgagee shall have the right as agent for the Grantor to Operate the Collateral and carry on the business of the Grantor, either in the name of the Grantor or otherwise. The Mortgagee shall not be liable to the Grantor for taking possession of the Collateral, as aforesaid, nor shall it be required to make repairs or replacements, and the Mortgagee shall be liable to account only for Revenues actually received by it. All Revenues collected by the Mortgagee shall be applied (a) first, to pay all expenses incurred in taking possession of the Collateral, (b) second, to pay costs and expenses to Operate the Collateral or to comply with the terms of the Transaction Documents, including reasonable attorney's fees, (c) third, to pay all sums secured by the Transaction Documents in the order of priority selected by Mortgagee, and (d) fourth, with the balance, if any, to the Grantor or such other Person as may be entitled thereto. Nothing contained herein shall impose upon Mortgagee any liability to perform Grantor's obligations under any Contract.
Possession by Mortgagee. Subject to the terms of the Security Agreement, notwithstanding the appointment of any receiver, liquidator or trustee of Mortgagor, any of its property or the Mortgaged Property, Mortgagee shall be entitled, to the extent not prohibited by law, to remain in possession and control of all parts of the Mortgaged Property now or hereafter granted under this Mortgage to Mortgagee in accordance with the terms hereof and applicable law.
Possession by Mortgagee. Notwithstanding the appointment of any receiver, liquidator or trustee of Mortgagor, or of any of Mortgagor's property, or of the Mortgaged Property or any part thereof, Mortgagee shall be entitled to retain possession and control of all property now or hereafter held under this Mortgage.
Possession by Mortgagee. SECTION 2.15. Waiver...................................................... SECTION 2.16.
Possession by Mortgagee. At any time after an Event of Default, Mortgagee, either itself or by its agents or attorneys, may, in its discretion, enter upon and take possession of the Collateral, or any part or parts thereof, and may exclude Mortgagor and its agents and employees wholly therefrom, and having and holding the same, and may use, operate, manage, and control the Collateral or any part thereof, and conduct the business thereof, either personally or by agents, employees and attorneys, and may maintain and restore and may insure and keep insured, the structures, improvements, fixtures, and other property, real and personal, comprising the Collateral. After paying the expense of operating the Collateral, including a reasonable commission, Mortgagee shall apply the monies arising therefrom to the amount then due on the Debenture.
Possession by Mortgagee. Upon the happening of an Event of Default, then and in every such case Mortgagee, either itself or by its agents or attorneys, may, in its discretion, enter upon and take possession of the Premises, or any part or parts thereof, and may exclude Mortgagor and its agents and employees wholly therefrom, and having and holding the same, Mortgagee may use, operate, manage, and control the Premises or any part thereof, and conduct the business thereof, either personally or by superintendents, managers, agents, employees and attorneys, and from time to time, by purchase, repair or construction, may maintain and restore and may insure and keep insured, the buildings, structures, improvements, fixtures, and other property, real and personal, comprising the Premises. After paying the expense of operating the Premises, including a reasonable commission, Mortgagee shall apply the moneys arising therefrom to the amount then due on the Note.
Possession by Mortgagee. After the occurrence and during the continuance of an Event of Default, notwithstanding the appointment of any receiver, liquidator or trustee of Mortgagor, any of its property or the Mortgaged Property, Mortgagee shall be entitled, to the extent not prohibited by law, to remain in possession and control of all parts of the Mortgaged Property now or hereafter granted under this Mortgage to Mortgagee in accordance with the terms hereof and applicable law.
Possession by Mortgagee. A Qualified Mortgagee may take possession of the Leased Premises and vest in the interest of Tenant in the Lease upon the performance of the following conditions:
1. The payment to Landlord of any and all sums due to Landlord under the Lease, including but not limited to accrued unpaid rent.
2. The sending of a written notice to Landlord and Tenant of the Qualified Mortgagee’s intent to take possession of the Leased Premises and assume the Lease.
3. The curing of all defaults not remediable by the payment of money within an additional thirty (30) days of the date upon which such default was required to be cured by the Tenant under the terms of this Lease.
