Common use of Possession of Mortgaged Property Clause in Contracts

Possession of Mortgaged Property. If an Event of Default shall have occurred and be continuing, then, to the extent permitted by applicable law, the Trustee or the Mortgagee shall have the right and power to enter into and upon and take possession of all or any part of the Collateral in the possession of the Mortgagor, its successors or assigns, or its or their agents or servants, and may exclude the Mortgagor, its successors or assigns, and all persons claiming under the Mortgagor, and its or their agents or servants wholly or partly therefrom; and, holding the same, the Mortgagee may use, administer, manage, operate and control the Collateral and conduct the business thereof to the same extent as the Mortgagor, its successors or assigns, might at the time do and may exercise all rights and powers of the Mortgagor, in the name, place and stead of the Mortgagor, or otherwise as the Mortgagee shall deem best. All costs, expenses and liabilities of every character incurred by the Trustee and/or the Mortgagee in administering, managing, operating, and controlling the Mortgaged Property shall constitute a demand obligation (which obligation the Mortgagor hereby expressly promises to pay) owing by the Mortgagor to the Trustee and/or the Mortgagee and shall bear interest from date of expenditure until paid as provided in the Credit Agreement.

Appears in 6 contracts

Samples: Mortgage, Deed of Trust, Assignment of as Extracted Collateral, Security Agreement, Fixture Filing and Financing Statement (Sundance Energy Australia LTD), Mortgage, Deed of Trust, Assignment of as Extracted Collateral, Security Agreement, Fixture Filing and Financing Statement (Sundance Energy Australia LTD), Mortgage, Deed of Trust, Assignment of as Extracted Collateral, Security Agreement, Fixture Filing and Financing Statement (Sundance Energy Australia LTD)

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Possession of Mortgaged Property. If Mortgagor agrees to the full extent that it lawfully may, that, after the occurrence and during the continuance of an Event of Default shall have occurred and be continuingDefault, then, to the extent permitted by applicable lawand in every such case, the Trustee or the Mortgagee shall have the right and power to enter into and upon and take possession of all or any part of the Collateral Mortgaged Property in the possession of the Mortgagor, its successors or assigns, or its or their agents or servants, and may exclude the Mortgagor, its successors or assigns, and all persons claiming under the MortgagorXxxxxxxxx, and its or their agents or servants wholly or partly therefrom; and, holding the same, the Mortgagee may use, administer, manage, operate and control the Collateral Mortgaged Property and conduct the business thereof to the same extent as the Mortgagor, its successors or assigns, might at the time do and may exercise all rights and powers of the Mortgagor, in the name, place and stead of the Mortgagor, or otherwise as the Mortgagee shall deem best. All reasonable and documented costs, out-of-pocket expenses and liabilities of every character incurred by the Trustee and/or the Mortgagee in administering, managing, operating, and controlling the Mortgaged Property after the occurrence and during the continuance of an Event of Default shall constitute a demand obligation (which obligation the Mortgagor hereby expressly promises to pay) owing by the Mortgagor be subject to the Trustee and/or the Mortgagee indemnification and shall bear interest from date reimbursement provisions set forth of expenditure until paid as provided in Section 13.5 of the Credit Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Mach Natural Resources Lp), Credit Agreement (Mach Natural Resources Lp)

Possession of Mortgaged Property. If an Event of Default shall have occurred and be continuing, then, to the extent permitted by applicable law, the Trustee or the Mortgagee shall have the right and power to enter into and upon and take possession of all or any part of the Collateral in the possession of the Mortgagor, its successors or assigns, or its or their agents or servants, and may exclude the Mortgagor, its successors or assigns, and all persons claiming under the Mortgagor, and its or their agents or servants wholly or partly therefrom; and, holding the same, the Mortgagee may use, administer, manage, operate and control the Collateral and conduct the business thereof to the same extent as the Mortgagor, its successors or assigns, might at the time do and may exercise all rights and powers of the Mortgagor, in the name, place and stead of the Mortgagor, or otherwise as the Mortgagee shall deem best. All costs, expenses and liabilities of every character incurred by the Trustee and/or the Mortgagee in administering, managing, operating, and controlling the Mortgaged Property shall constitute a demand obligation (which obligation the Mortgagor hereby expressly promises to pay) owing by the Mortgagor to the Trustee and/or the Mortgagee and shall bear interest from the date of expenditure demand on Mortgagor therefor until paid as provided in at the Credit AgreementDefault Rate.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (SandRidge Mississippian Trust II), Mortgage and Security Agreement (SandRidge Mississippian Trust II)

Possession of Mortgaged Property. If an Mortgagor agrees to the full extent that it lawfully may, that, upon the occurrence and continuation of any Event of Default shall have occurred and be continuingDefault, then, to the extent permitted by applicable law, the Trustee or the Mortgagee Agent shall have the right and power to enter into and upon and take possession of all or any part of the Collateral Mortgaged Property in the possession of the Mortgagor, its successors or assigns, or its or their agents or servants, and may exclude the Mortgagor, its successors or assigns, and all persons Persons claiming under the Mortgagor, and its or their agents or servants wholly or partly therefrom; and, holding the same, the Mortgagee Trustee may use, administer, manage, operate and control the Collateral Mortgaged Property and conduct the business thereof to the same extent as the Mortgagor, its successors or assigns, might at the time do and may exercise all rights and powers of the Mortgagor, in the name, place and stead of the Mortgagor, or otherwise as the Mortgagee Trustee shall deem best. All costs, expenses and liabilities of every character incurred by the Trustee and/or the Mortgagee Agent in administering, managing, operating, and controlling the Mortgaged Property shall constitute a demand obligation (which obligation the Mortgagor hereby expressly promises to pay) owing by the Mortgagor to the Trustee and/or the Mortgagee Agent and shall bear interest from date of expenditure until paid as provided in at the Credit AgreementPost-Default Rate, all of which shall constitute a portion of the Indebtedness and shall be secured by this Mortgage and all other Security Instruments.

Appears in 1 contract

Samples: Mortgage, Deed of Trust, Assignment of Production, Security Agreement and Financing Statement (Queen Sand Resources Inc)

Possession of Mortgaged Property. If an Event of Default shall have occurred and be continuing, then, to To the extent permitted by applicable law, the Trustee or the Mortgagee shall have the right and power to enter into and upon and take possession of all or any part of the Collateral in the possession of the Mortgagor, its successors or assigns, or its or their agents or servants, and may exclude the Mortgagor, its successors or assigns, and all persons claiming under the Mortgagor, and its or their and/or the Mortgagor’s agents or servants wholly or partly therefrom; and, holding the same, the Mortgagee may use, administer, manage, operate and control the Collateral and conduct the business thereof to the same extent as the Mortgagor, its successors or assigns, might at the time do and may exercise all rights and powers of the Mortgagor, in the name, place and stead of the Mortgagor, or otherwise as the Mortgagee shall deem best. All costs, expenses and liabilities of every character incurred by the Trustee and/or the Mortgagee in administering, managing, operating, and controlling the Mortgaged Property shall constitute a demand obligation (which obligation the Mortgagor hereby expressly promises to paypay following written demand) owing by the Mortgagor to the Trustee and/or the Mortgagee and shall bear interest from date of expenditure until paid as provided in at the Credit AgreementDefault Rate, all of which shall constitute a portion of the Obligations.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases, Rents and as Extracted Collateral, Security Agreement, Financing Statement and Fixture Filing (Nacco Industries Inc)

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Possession of Mortgaged Property. If With respect to each Mortgagor, if an Event of Default shall have occurred and be continuing, then, to the extent permitted by applicable law, the Trustee or the Mortgagee shall have the right and power (but not the obligation) to enter into and upon and take possession of all or any part of the Collateral in the possession of the such Mortgagor, its successors or assigns, or its or their agents or servants, and may exclude the such Mortgagor, its successors or assigns, and all persons claiming under the such Mortgagor, and its or their agents or servants wholly or partly therefrom; and, holding the same, the Mortgagee may use, administer, manage, operate and control the Collateral and conduct the business thereof to the same extent as the such Mortgagor, its successors or assigns, might at the time do and may exercise all rights and powers of the such Mortgagor, in the name, place and stead of the such Mortgagor, or otherwise as the Mortgagee shall deem best. All costs, expenses and liabilities of every character incurred by the Trustee and/or the Mortgagee in administering, managing, operating, operating and controlling the Mortgaged Property shall constitute a demand obligation (which obligation the Mortgagor hereby Mortgagors expressly promises promise to pay) owing by the Mortgagor Mortgagors to the Trustee and/or the Mortgagee and shall bear interest from the date of expenditure until paid as provided in at the Credit AgreementPost-Default Rate.

Appears in 1 contract

Samples: Exchange Agreement (Ultra Petroleum Corp)

Possession of Mortgaged Property. If an Mortgagor agrees to the full extent that it lawfully may, that, upon the occurrence and continuation of any Event of Default shall have occurred and be continuingDefault, then, to the extent permitted by applicable law, the Trustee or the Mortgagee Agent shall have the right and power to enter into and upon and take possession of all or any part of the Collateral Mortgaged Property in the possession of the Mortgagor, its successors or assigns, or its or their agents or servants, and may exclude the Mortgagor, its successors or assigns, and all persons Persons claiming under the MortgagorMortxxxxx, and xxd its or their agents or servants wholly or partly therefrom; and, holding the same, the Mortgagee Trustee may use, administer, manage, operate and control the Collateral Mortgaged Property and conduct the business thereof to the same extent as the Mortgagor, its successors or assigns, might at the time do and may exercise all rights and powers of the Mortgagor, in the name, place and stead of the Mortgagor, or otherwise as the Mortgagee Trustee shall deem best. All costs, expenses and liabilities of every character incurred by the Trustee and/or the Mortgagee Agent in administering, managing, operating, and controlling the Mortgaged Property shall constitute a demand obligation (which obligation the Mortgagor hereby expressly promises to pay) owing by the Mortgagor to Mortxxxxx xx the Trustee and/or the Mortgagee Agent and shall bear interest from date of expenditure until paid as provided in at the Credit AgreementPost-Default Rate, all of which shall constitute a portion of the Indebtedness and shall be secured by this Mortgage and all other Security Instruments.

Appears in 1 contract

Samples: Mortgage, Deed of Trust, Assignment of Production, Security Agreement and Financing Statement (Queen Sand Resources Inc)

Possession of Mortgaged Property. If an Event of Default shall have occurred and be continuing, then, to the extent permitted by applicable law, the Trustee or the Mortgagee shall have the right and power to enter into and upon and take possession of all or any part of the Collateral in the possession of the Mortgagor, its successors or assigns, or its or their agents or servants, and may exclude the Mortgagor, its successors or assigns, and all persons claiming under the Mortgagor, and its or their agents or servants wholly or partly therefrom; and, holding the same, the Mortgagee may use, administer, manage, operate and control the Collateral and conduct the business thereof to the same extent as the Mortgagor, its successors or assigns, might at the time do and may exercise all rights and powers of the Mortgagor, in the name, place and stead of the Mortgagor, or otherwise as the Mortgagee shall deem best. All costs, expenses and liabilities of every character incurred by the Trustee and/or the Mortgagee in administering, managing, operating, and controlling the Mortgaged Property shall constitute a demand obligation (which obligation the Mortgagor hereby expressly promises to pay) owing by the Mortgagor to the Trustee and/or the Mortgagee and shall bear interest from date of expenditure until paid as provided in the Credit AgreementMortgagee.

Appears in 1 contract

Samples: Deed of Trust (Prairie Operating Co.)

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