Common use of Provisions as to Payments, Advances Clause in Contracts

Provisions as to Payments, Advances. To the extent that any part of the Note Obligations is used to pay indebtedness secured by any Permitted Encumbrance or other outstanding lien, security interest, charge or prior encumbrance against the Mortgaged Property or to pay in whole or in part the purchase price therefor, Mortgagee shall be subrogated to any and all rights, security interests and liens held by any owner or holder of the same, whether or not the same are released. Grantor agrees that, in consideration of such payment by Mortgagee, effective upon such payment Grantor shall and hereby does waive and release all demands, defenses and causes of action for offsets and payments with respect to the same.

Appears in 2 contracts

Samples: Non Disturbance and Attornment Agreement (Aventine Renewable Energy Holdings Inc), Non Disturbance and Attornment Agreement (Aventine Renewable Energy Holdings Inc)

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Provisions as to Payments, Advances. To the extent that any part of the Note ofthe Obligations is used to pay indebtedness secured by any Permitted Encumbrance or other outstanding lien, security interest, charge or prior encumbrance against the Mortgaged Property or to pay in whole or in part the purchase price therefor, Mortgagee Trustee or Beneficiary shall be subrogated to any and all rights, security interests and liens held by any owner or holder of the same, whether or not the same are released. Grantor agrees that, in consideration of such payment by MortgageeTrustee or Beneficiary, effective upon such payment Grantor shall and hereby does waive and release all demands, defenses and causes of action for offsets and payments with respect to the same. SECTION 7.02.

Appears in 1 contract

Samples: Facility Lease Agreement (Emeritus Corp\wa\)

Provisions as to Payments, Advances. To the extent that any part of the Note Secured Obligations is used to pay indebtedness secured by any Permitted Encumbrance or other outstanding lien, security interest, charge or prior encumbrance against the Mortgaged Property or to pay in whole or in part the purchase price therefor, Mortgagee shall be subrogated to any and all rights, security interests and liens held by any owner or holder of the same, whether or not the same are released. Grantor agrees that, in consideration of such payment by Mortgagee, effective upon such payment Grantor shall and hereby does waive and release all demands, defenses and causes of action for offsets and payments with respect to the same.

Appears in 1 contract

Samples: Security Agreement (Verasun Energy Corp)

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Provisions as to Payments, Advances. To the extent that any part of the Note Obligations is used to pay indebtedness secured by any Permitted Encumbrance or other outstanding lien, security interest, charge or prior encumbrance against the Mortgaged Property or to pay in whole or in part the purchase price therefor, Mortgagee Trustee or Beneficiary shall be subrogated to any and all rights, security interests and liens held by any owner or holder of the same, whether or not the same are released. Grantor agrees that, in consideration of such payment by MortgageeTrustee or Beneficiary, effective upon such payment Grantor shall and hereby does waive and release all demands, defenses and causes of action for offsets and payments with respect to the same. SECTION 7.02.

Appears in 1 contract

Samples: Emeritus Corp\wa\

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