Common use of Proceedings To Recover Sums Due Clause in Contracts

Proceedings To Recover Sums Due. (i) If any installment or part of any Obligation shall fail to be paid when due or if Mortgagor shall fail to discharge any of its obligations under the Loan Documents or the Thackeray Documents, Mortgagee shall be entitled to sue for and to recover judgment against BT Orlando for the amount xx due under the Obligations and/or against Mortgagor as to sums due under the Loan Documents and the Thackeray Obligations (but with respect to Mortgagor only as to sums due from Mortgagor, not as to sums due from BT Orlando) together with all costs and expenses (including, without limitation, costs of arbitration, reasonable attorneys' fees and expenses) incurred by Mortgagee in connection with such proceeding, together with interest thereon at the Default Rate from the date incurred by Mortgagee. Any such judgment against Mortgagor or BT Orlando, as applicable, shall bear interest at the Maximum Rate. All such costs and expenses shall be secured by this Amended and Restated Mortgage and shall be due and payable immediately. (ii) If BT Orlando shall fail to pay upon the Mortgagee's demand, after acceleration as provided herein all of the unpaid Obligations, together with all accrued interest thereon, or if Mortgagor shall fail to discharge any of the Thackeray Obligations, Mortgagee shall be entitled to sue for and to recover judgment against BT Orlando or Mortgagor, ax xhe case may be, for the entire amount so due and unpaid together with all costs and expenses (including, without limitation, costs of arbitration, reasonable attorneys' fees and expenses) incurred by Mortgagee in connection with such proceedings, together with interest thereon at the Default Rate from the date incurred by Mortgagee. Any such judgment against BT Orlando, or Mortgagor, as the case may be, shall bear interest at the Maximum Rate. All such costs and expenses shall be secured by this Amended and Restated Mortgage and shall be payable by BT Orlando or Mortgagor, as the case may be, immediately. Mortgagee's right under this Sub-section (ii) may be exercised by Mortgagee either before, after or during the pendency of any proceedings for the enforcement of this Amended and Restated Mortgage, including appellate proceedings. (iii) No recovery of any judgment as provided in Subsections (1) and (ii) above and no attachment or levy of any execution upon any of the Mortgaged Property or any other property shall in anyway affect the lien of this Amended and Restated Mortgage upon the Mortgaged Property or any part thereof, or any lien, rights, powers, or remedies of Mortgagee hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before.

Proceedings To Recover Sums Due. (i) If any installment or part of any Obligation shall fail to be paid when due or if Mortgagor shall fail to discharge any of its obligations under the Loan Documents or the Thackeray Documentsdue, Mortgagee shall be entitled to sue for and to recover judgment against BT Orlando the Mortgagor for the amount xx due under the Obligations and/or against Mortgagor as to sums due under the Loan Documents and the Thackeray Obligations (but with respect to Mortgagor only as to sums due from Mortgagor, not as to sums due from BT Orlando) unpaid together with all costs and expenses (including, without limitation, costs of arbitration, reasonable attorneys' fees and expenses) incurred by Mortgagee in connection with such proceeding, together with interest thereon at the Default Rate from the date incurred by Mortgagee. Any such judgment against Mortgagor or BT Orlando, as applicable, shall bear interest at the Maximum Rate. All such costs and expenses shall be secured by this Amended and Restated Mortgage and shall be due and payable by Mortgagor immediately. (ii) If BT Orlando Mortgagor shall fail to pay upon the Mortgagee's demand, after acceleration as provided herein in Subsection 8.1(a), all of the unpaid Obligations, together with all accrued interest thereon, or if Mortgagor shall fail to discharge any of the Thackeray Obligations, Mortgagee shall be entitled to sue for and to recover judgment against BT Orlando or Mortgagor, ax xhe case may be, the Mortgagor for the entire amount xxount so due and unpaid together with all costs and expenses (including, without limitation, costs of arbitration, reasonable attorneys' fees and expenses) incurred by Mortgagee in connection with such proceedingsproceeding, together with interest thereon at the Default Rate from the date incurred by Mortgagee. Any such judgment against BT Orlando, or Mortgagor, as the case may be, shall bear interest at the Maximum Rate. All such costs and expenses shall be secured by this Amended and Restated Mortgage and shall be payable by BT Orlando or Mortgagor, as the case may be, Mortgagor immediately. Mortgagee's right under this Sub-section (ii) may be exercised by Mortgagee either before, after or during the pendency of any proceedings for the enforcement of this Amended and Restated Mortgage, including appellate proceedings. (iii) No recovery of any judgment as provided in Subsections (1i) and (ii) above and no attachment or levy of any execution upon any of the Mortgaged Property or any other property shall in anyway any way affect the lien of this Amended and Restated Mortgage upon the Mortgaged Property or any part thereof, or any lien, rights, powers, or remedies of Mortgagee hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before.

Proceedings To Recover Sums Due. (i) If any installment or part of any Obligation shall fail to be paid when due or if Mortgagor shall fail to discharge any of its obligations under the Loan Documents or the Thackeray Documentsdue, Mortgagee shall be entitled to sue sxx for and to recover judgment against BT Orlando for the Mortgagor or the amount xx so due under the Obligations and/or against Mortgagor as to sums due under the Loan Documents and the Thackeray Obligations (but with respect to Mortgagor only as to sums due from Mortgagor, not as to sums due from BT Orlando) unpaid together with all costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred by Mortgagee in connection with such proceeding, together with interest thereon, at the Default Rate from the date incurred by Mortgagee. All such costs and expenses shall be secured by this Mortgage and shall be due and payable by Mortgagor immediately. (ii) If Mortgagor shall fail to pay upon the Mortgagee's demand, after acceleration as provided herein, all of arbitrationthe unpaid Obligations, together with all accrued interest thereon, Mortgagee shall be entitled to sxx for and to recover judgment against the Mortgagor for the entire amount so due and paid together with all costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) incurred by Mortgagee in connection with such proceeding, together with interest thereon at the Default Rate from the date incurred by Mortgagee. Any such judgment against Mortgagor or BT Orlando, as applicable, shall bear interest at the Maximum Rate. All such costs and expenses shall be secured by this Amended and Restated Mortgage and shall be due and payable immediately. (ii) If BT Orlando shall fail to pay upon the Mortgagee's demand, after acceleration as provided herein all of the unpaid Obligations, together with all accrued interest thereon, or if Mortgagor shall fail to discharge any of the Thackeray Obligations, Mortgagee shall be entitled to sue for and to recover judgment against BT Orlando or Mortgagor, ax xhe case may be, for the entire amount so due and unpaid together with all costs and expenses (including, without limitation, costs of arbitration, reasonable attorneys' fees and expenses) incurred by Mortgagee in connection with such proceedings, together with interest thereon at the Default Rate from the date incurred by Mortgagee. Any such judgment against BT Orlando, or Mortgagor, as the case may be, shall bear interest at the Maximum Rate. All such costs and expenses shall be secured by this Amended and Restated Mortgage and shall be payable by BT Orlando or Mortgagor, as the case may be, Mortgagor immediately. Mortgagee's right under this Sub-section Subsection (ii) may be exercised by Mortgagee either before, after or during the pendency of any proceedings for the enforcement of this Amended and Restated Mortgage, including appellate proceedings. (iii) No recovery of any judgment as provided in is Subsections (1i) and (ii) above and no attachment or levy of any execution upon any of the Mortgaged Property or any other property shall in anyway any way affect the lien of this Amended and Restated Mortgage upon the Mortgaged Mortgage Property or any part thereof, or any lien, rights, powers, powers or remedies of Mortgagee hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before.

Proceedings To Recover Sums Due. (i) If any installment or part of any Obligation shall fail to be paid when due or if Mortgagor shall fail to discharge any of its obligations under the Loan Documents or the Thackeray Documentsdue, Mortgagee shall be entitled to sue xxx for and to recover judgment against BT Orlando the Mortgagor for the amount xx so due under the Obligations and/or against Mortgagor as to sums due under the Loan Documents and the Thackeray Obligations (but with respect to Mortgagor only as to sums due from Mortgagor, not as to sums due from BT Orlando) unpaid together with all costs and expenses (including, without limitation, costs of arbitration, reasonable attorneys' fees and expenses) incurred by Mortgagee in connection with such proceeding, together with interest thereon at the Default Rate from the date incurred by Mortgagee. Any such judgment against Mortgagor or BT Orlando, as applicable, shall bear interest at the Maximum Rate. All such costs and expenses shall be secured by this Amended and Restated Mortgage and shall be due and payable by Mortgagor immediately. (ii) If BT Orlando Mortgagor shall fail to pay upon the Mortgagee's demand, after acceleration as provided herein in Subsection 8.1(a), all of the unpaid Obligations, together with all accrued interest thereon, or if Mortgagor shall fail to discharge any of the Thackeray Obligations, Mortgagee shall be entitled to sue xxx for and to recover judgment against BT Orlando or Mortgagor, ax xhe case may be, the Mortgagor for the entire amount so due and unpaid together with all costs and expenses (including, without limitation, costs of arbitration, reasonable attorneys' fees and expenses) incurred by Mortgagee in connection with such proceedingsproceeding, together with interest thereon at the Default Rate from the date incurred by Mortgagee. Any such judgment against BT Orlando, or Mortgagor, as the case may be, shall bear interest at the Maximum Rate. All such costs and expenses shall be secured by this Amended and Restated Mortgage and shall be payable by BT Orlando or Mortgagor, as the case may be, Mortgagor immediately. Mortgagee's right under this Sub-section (ii) may be exercised by Mortgagee either before, after or during the pendency of any proceedings for the enforcement of this Amended and Restated Mortgage, including appellate proceedings. (iii) No recovery of any judgment as provided in Subsections (1i) and (ii) above and no attachment or levy of any execution upon any of the Mortgaged Property or any other property shall in anyway any way affect the lien of this Amended and Restated Mortgage upon the Mortgaged Property or any part thereof, or any lien, rights, powers, or remedies of Mortgagee hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before.

Proceedings To Recover Sums Due. (i) If any installment or part of any Obligation shall fail to be paid when due or if Mortgagor shall fail to discharge any of its obligations under the Loan Documents or the Thackeray Documentsdue, Mortgagee shall be entitled to sue xxx for and to recover judgment against BT Orlando the Mortgagor for the amount xx so due under the Obligations and/or against Mortgagor as to sums due under the Loan Documents and the Thackeray Obligations (but with respect to Mortgagor only as to sums due from Mortgagor, not as to sums due from BT Orlando) unpaid together with all costs and expenses (including, without limitation, costs of arbitration, reasonable attorneys' ’ fees and expenses) incurred by Mortgagee in connection with such proceeding, together with interest thereon at the Default Rate from the date incurred by Mortgagee. Any such judgment against Mortgagor or BT Orlando, as applicable, shall bear interest at the Maximum Rate. All such costs and expenses shall be secured by this Amended and Restated Mortgage and shall be due and payable by Mortgagor immediately. (ii) If BT Orlando Mortgagor shall fail to pay upon the Mortgagee's ’s demand, after acceleration as provided herein in Subsection 8.1(a), all of the unpaid Obligations, together with all accrued interest thereon, or if Mortgagor shall fail to discharge any of the Thackeray Obligations, Mortgagee shall be entitled to sue xxx for and to recover judgment against BT Orlando or Mortgagor, ax xhe case may be, the Mortgagor for the entire amount so due and unpaid together with all costs and expenses (including, without limitation, costs of arbitration, reasonable attorneys' ’ fees and expenses) incurred by Mortgagee in connection with such proceedingsproceeding, together with interest thereon at the Default Rate from the date incurred by Mortgagee. Any such judgment against BT Orlando, or Mortgagor, as the case may be, shall bear interest at the Maximum Rate. All such costs and expenses shall be secured by this Amended and Restated Mortgage and shall be payable by BT Orlando or Mortgagor, as the case may be, Mortgagor immediately. Mortgagee's ’s right under this Sub-section (ii) Subsection may be exercised by Mortgagee either before, after or during the pendency of any proceedings for the enforcement of this Amended and Restated Mortgage, including appellate proceedings. (iii) No recovery of any judgment as provided in Subsections (1i) and (ii) above and no attachment or levy of any execution upon any of the Mortgaged Property or any other property shall in anyway any way affect the lien of this Amended and Restated Mortgage upon the Mortgaged Property or any part thereof, or any lien, rights, powers, or remedies of Mortgagee hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before.

Proceedings To Recover Sums Due. (i) If any installment or part of any Obligation shall fail to be paid when due or if Mortgagor shall fail to discharge any of its obligations under the Loan Documents or the Thackeray Documentsdue, Mortgagee shall be entitled to sue xxx for and to recover judgment against BT Orlando the Mortgagor for the amount xx so due under the Obligations and/or against Mortgagor as to sums due under the Loan Documents and the Thackeray Obligations (but with respect to Mortgagor only as to sums due from Mortgagor, not as to sums due from BT Orlando) unpaid together with all costs and expenses (including, without limitation, costs of arbitration, reasonable attorneys' ’ fees and expenses) incurred by Mortgagee in connection with such proceeding, together with interest thereon at the Default Rate default rate under the Note from the date incurred by Mortgagee. Any such judgment against the Mortgagor or BT Orlando, as applicable, shall bear interest at the Maximum Ratemaximum rate permitted by Law. All such costs and expenses shall be secured by this Amended and Restated Mortgage and shall be due and payable by Mortgagor immediately. (ii) If BT Orlando Mortgagor shall fail to pay upon the Mortgagee's ’s demand, after acceleration as provided herein herein, all of the unpaid Obligations, together with all accrued interest thereon, or if Mortgagor shall fail to discharge any of the Thackeray Obligations, Mortgagee shall be entitled to sue xxx for and to recover judgment against BT Orlando or Mortgagor, ax xhe case may be, the Mortgagor for the entire amount so due and unpaid together with all costs and expenses (including, without limitation, costs of arbitration, reasonable attorneys' ’ fees and expenses) incurred by Mortgagee in connection with such proceedingsproceeding, together with interest thereon at the Default Rate default rate under the Note from the date incurred by Mortgagee. Any such judgment against BT Orlando, or Mortgagor, as the case may be, Mortgagor shall bear interest at the Maximum Ratemaximum rate permitted by Law. All such costs and expenses shall be secured by this Amended and Restated Mortgage and shall be payable by BT Orlando or Mortgagor, as the case may be, Mortgagor immediately. Mortgagee's ’s right under this Sub-section (ii) subsection may be exercised by Mortgagee either before, after or during the pendency of any proceedings for the enforcement of this Amended and Restated Mortgage, including appellate proceedings. (iii) No recovery of any judgment as provided in Subsections subsections (1i) and (ii) above and no attachment or levy of any execution upon any of the Mortgaged Property or any other property shall in anyway any way affect the lien of this Amended and Restated Mortgage upon the Mortgaged Property or any part thereof, or any lien, rights, powers, or remedies of Mortgagee hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before.

Proceedings To Recover Sums Due. (i) If any installment or part of c:\wp50\NBPLASMA.016\95.5042\081195\NBMISC#12\MJC\MS Mortgage, Assignment of Rents and Security Agreement 27 any Obligation shall fail to be paid when due or if Mortgagor shall fail to discharge any of its obligations under the Loan Documents or the Thackeray Documentsdue, Mortgagee shall be entitled to sue xxx for and to recover judgment against BT Orlando the Mortgagor for the amount xx so due under the Obligations and/or against Mortgagor as to sums due under the Loan Documents and the Thackeray Obligations (but with respect to Mortgagor only as to sums due from Mortgagor, not as to sums due from BT Orlando) unpaid together with all costs and expenses (including, without limitation, costs of arbitration, reasonable attorneys' fees and expenses) incurred by Mortgagee in connection with such proceeding, together with interest thereon at the Default Rate from the date incurred by Mortgagee. Any such judgment against Mortgagor or BT Orlando, as applicable, shall bear interest at the Maximum Rate. All such costs and expenses shall be secured by this Amended and Restated Mortgage and shall be due and payable by Mortgagor immediately. (ii) If BT Orlando Mortgagor shall fail to pay upon the Mortgagee's demand, after acceleration as provided herein in Subsection 8.1(a), all of the unpaid Obligations, together with all accrued interest thereon, or if Mortgagor shall fail to discharge any of the Thackeray Obligations, Mortgagee shall be entitled to sue xxx for and to recover judgment against BT Orlando or Mortgagor, ax xhe case may be, the Mortgagor for the entire amount so due and unpaid together with all costs and expenses (including, without limitation, costs of arbitration, reasonable attorneys' fees and expenses) incurred by Mortgagee in connection with such proceedingsproceeding, together with interest thereon at the Default Rate from the date incurred by Mortgagee. Any such judgment against BT Orlando, or Mortgagor, as the case may be, shall bear interest at the Maximum Rate. All such costs and expenses shall be secured by this Amended and Restated Mortgage and shall be payable by BT Orlando or Mortgagor, as the case may be, Mortgagor immediately. Mortgagee's right under this Sub-section (ii) may be exercised by Mortgagee either before, after or during the pendency of any proceedings for the enforcement of this Amended and Restated Mortgage, including appellate proceedings. (iii) No recovery of any judgment as provided in Subsections (1i) and (ii) above and no attachment or levy of any execution upon any of the Mortgaged Property or any other property shall in anyway any way affect the lien of this Amended and Restated Mortgage upon the Mortgaged Property or any part thereof, or any lien, rights, powers, or remedies of Mortgagee hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before.