Release of and Resort to Collateral. Subject to the terms of the Collateral Trust Agreement, Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by this Mortgage or its status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Secured Debt, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 4 contracts
Samples: Revolving Credit Facility (CONSOL Energy Inc), Revolving Credit Facility (CONSOL Energy Inc), Credit Agreement (Consol Energy Inc)
Release of and Resort to Collateral. Subject to the terms of the Collateral Trust Agreement, Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by this Mortgage the Credit Agreement Documents, the Indenture Documents or its status as a first and prior any Specified Other First Lien Agreement or the lien priority and security interest in and to the Mortgaged Property. For payment of the Secured DebtObligations, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 2 contracts
Samples: Credit Agreement (Mallinckrodt PLC), Indenture (Mallinckrodt PLC)
Release of and Resort to Collateral. Subject to the terms of the Collateral Trust Credit Agreement, Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, all or any part portion of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by this Mortgage or its status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Secured Debt, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 2 contracts
Samples: Credit Agreement (Armstrong Resource Partners, L.P.), Credit Agreement (Armstrong Energy, Inc.)
Release of and Resort to Collateral. Subject to the terms of the Collateral Trust Credit Agreement, Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, all or any part portion of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by this Mortgage or its status as a first second and prior lien and security interest in and to the Mortgaged Property. For payment of the Secured Debt, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 2 contracts
Samples: Credit Agreement (Armstrong Resource Partners, L.P.), Credit Agreement (Armstrong Energy, Inc.)
Release of and Resort to Collateral. Subject to the terms of the Collateral Trust Agreement, Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by this Mortgage the Note Documents, the Notes Indenture Documents or its status as a first and prior any Other First Lien Agreement or the lien priority and security interest in and to the Mortgaged Property. For payment of the Secured DebtObligations, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 2 contracts
Samples: Indenture (Fresh Market Holdings, Inc.), Indenture (Fresh Market Holdings, Inc.)
Release of and Resort to Collateral. Subject to the terms of the Collateral Trust AgreementFinancing Documents, Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by this Mortgage or its status as a first and prior lien and security interest in and the other Security Documents or their priority with respect to the Mortgaged Property. For payment and performance of the Secured DebtObligations, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 2 contracts
Samples: Credit Agreement (Dynegy Inc.), Credit Agreement (Dynegy Inc.)
Release of and Resort to Collateral. Subject to To the terms of extent permitted under the Collateral Trust Agreement, Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by this Mortgage the Priority Lien Documents or its their status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Secured DebtObligations, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Foresight Energy LP)
Release of and Resort to Collateral. Subject to the terms of the Collateral Trust Agreement, Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by this Mortgage the Credit Agreement Documents, the Notes Indenture Documents or its status as a first and prior any Other First Lien Agreement or the lien priority and security interest in and to the Mortgaged Property. For payment of the Secured DebtObligations, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 1 contract
Samples: First Lien Credit Agreement (McGraw-Hill Interamericana, Inc.)
Release of and Resort to Collateral. Subject to the terms of the Collateral Trust Agreement, Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by this Mortgage the Loan Documents or its status as a first and prior the lien and security interest in and to the Mortgaged Property. For Upon the occurrence and during the continuance of an Event of Default, for payment of the Secured DebtObligations, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 1 contract
Release of and Resort to Collateral. Subject to Section 8.22 and the terms of the Collateral Trust Credit Agreement, Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, all or any part portion of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by this Mortgage or its status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Secured Debt, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 1 contract
Release of and Resort to Collateral. Subject to the terms of the Collateral Trust Agreement, Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by this Mortgage the Priority Lien Documents or its their status as a first and prior lien and security interest in and Lien subject to no Liens other than Permitted Liens on the Mortgaged Property. For payment of the Secured DebtPriority Lien Obligations, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 1 contract
Release of and Resort to Collateral. Subject to the terms Mortgagee may, in accordance with Section 11.14 of the Collateral Trust Credit Agreement, Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by this Mortgage the Loan Documents or its their status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Secured DebtIndebtedness, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect, subject to the terms of the Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Gogo Inc.)
Release of and Resort to Collateral. Subject to the terms of the Collateral Trust Agreement, Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate mortgage or lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the mortgage, lien or security interest created in or evidenced by this Mortgage the Credit Agreement and the other Credit Documents or its their status as a first and prior mortgage, lien and security interest in and to the Mortgaged Property. For payment of the Secured DebtIndebtedness, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 1 contract
Samples: Mortgage, Security Agreement, Assignment of Rents and Leases (Pantry Inc)