Release of and Resort to Collateral. 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, except to the extent such notice or consent may not be waived under applicable law, 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 Obligations, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Armstrong Coal Company, Inc.), Asset Purchase Agreement (Armstrong Energy, Inc.), Asset Purchase 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, except to the extent such notice or consent may not be waived under applicable law, 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 ObligationsDebt, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 4 contracts
Samples: Joinder and Assumption Agreement (CONSOL Energy Inc), Credit Agreement (CONSOL Energy Inc), Security Agreement (Consol Energy Inc)
Release of and Resort to Collateral. Subject to the terms of the 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, except to the extent such notice all or consent may not be waived under applicable law, 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 ObligationsDebt, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 2 contracts
Samples: Security Agreement (Armstrong Resource Partners, L.P.), Security Agreement (Armstrong Energy, Inc.)
Release of and Resort to Collateral. Subject to the terms of the 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, except to the extent such notice all or consent may not be waived under applicable law, 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 ObligationsDebt, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 2 contracts
Samples: Security Agreement (Armstrong Energy, Inc.), Security Agreement (Armstrong Resource Partners, L.P.)
Release of and Resort to Collateral. Subject to the terms of the Financing 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, except to the extent such notice or consent may not be waived under applicable law, 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 Obligations, 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 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, except to the extent such notice or consent may not be waived under applicable law, 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 Priority 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. To the 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, except to the extent such notice or consent may not be waived under applicable law, 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 Obligations, Mortgagee may resort to any other security in such order and manner as Mortgagee may elect.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Foresight Energy LP)