Common use of Revocable License Clause in Contracts

Revocable License. (a) Mortgagee hereby grants to Mortgagor a revocable license (the "License"), nonexclusive with the rights of Mortgagee reserved in Sections 3.02(b), 3.04 and 3.05 hereof, to exercise and enjoy all incidences of the status of a lessor under the Leases and the Rents, including, without limitation, the right to collect, demand, xxx for, attach, levy, recover and receive the Rents and to give proper receipts, releases and acquittances therefor. Mortgagor hereby agrees to receive all Rents and hold the same as a trust fund to be applied, and to apply the Rents so collected, except to the extent otherwise provided in the Indenture, first to the payment, performance and discharge of the Senior Secured Note Obligations and then to the payment of the Impositions. Thereafter, Mortgagor may use the balance of the Rents collected in any manner not inconsistent with the Senior Secured Note Documents. (b) If an Event of Default shall occur and be continuing, the License shall immediately and automatically terminate without the necessity of any action by Mortgagee or any other Person, and Mortgagee shall have the right in such event to exercise the rights and remedies provided under this Mortgage or otherwise available to Mortgagee under applicable law. Upon demand by Mortgagee at any time that an Event of Default shall have occurred and be continuing, Mortgagor shall promptly pay to Mortgagee all security deposits under the Leases and all Rents allocable to any period commencing from and after the occurrence of such Event of Default. Any Rents received hereunder by Mortgagee shall be applied and disbursed to the payment, performance and discharge of the Senior Secured Note Obligations, subject to the terms of the Indenture; provided, however, that, subject to any applicable requirement of law, any security deposits actually received by Mortgagee shall be held, applied and disbursed as provided in the applicable Leases.

Appears in 10 contracts

Samples: Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Progress Precision Inc.), Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Progress Precision Inc.), Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Progress Precision Inc.)

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Revocable License. (a) Mortgagee Beneficiary hereby grants to Mortgagor Trustor a revocable license (the "License"), nonexclusive with the rights of Mortgagee Beneficiary reserved in Sections 3.02(b), 3.04 3.04, and 3.05 hereof, to exercise and enjoy all incidences of the status of a lessor under the Leases and the Rents, including, without limitation, the right to collect, demand, xxx for, attach, levy, recover and receive the Rents and to give proper receipts, releases and acquittances therefor. Mortgagor Trustor hereby agrees to receive all Rents and hold the same as a trust fund to be applied, and to apply the Rents so collected, except to the extent otherwise provided in the IndentureCredit Agreement, first to the payment, performance and discharge of the Senior Secured Note Obligations and then to the payment of the Impositions. Thereafter, Mortgagor Trustor may use the balance of the Rents collected in any manner not inconsistent with the Senior Secured Note Loan Documents. (b) If an Event of Default shall occur and be continuing, the License shall immediately and automatically terminate without the necessity of any action by Mortgagee Beneficiary or any other Person, and Mortgagee Beneficiary shall have the right in such event to exercise the rights and remedies provided under this Mortgage Deed of Trust or otherwise available to Mortgagee Beneficiary under applicable law. Upon demand by Mortgagee Beneficiary at any time that an Event of Default shall have occurred and be continuingoccurred, Mortgagor Trustor shall promptly pay to Mortgagee Beneficiary all security deposits under the Leases and all Rents allocable to any period commencing from and after the occurrence of such Event of Default. Any Rents received hereunder by Mortgagee Beneficiary shall be applied and disbursed to the payment, performance and discharge of the Senior Secured Note Obligations, subject to the terms of the IndentureCredit Agreement; provided, however, that, subject to any applicable requirement of law, any security deposits actually received by Mortgagee Beneficiary shall be held, applied and disbursed as provided in the applicable Leases.

Appears in 4 contracts

Samples: Deed of Trust (Lakes Entertainment Inc), Deed of Trust (Lakes Entertainment Inc), Deed of Trust (Lakes Entertainment Inc)

Revocable License. (a) Mortgagee Beneficiary hereby grants to Mortgagor Trustor a revocable license (the "License"), nonexclusive with the rights of Mortgagee Beneficiary reserved in Sections 3.02(b), 3.04 and 3.05 hereof, to exercise and enjoy all incidences of the status of a lessor under the Leases and the Rents, including, without limitation, the right to collect, demand, xxx for, attach, levy, recover and receive the Rents and to give proper receipts, releases and acquittances therefor. Mortgagor During the pendency of an Event of Default, Trustor hereby agrees to receive all Rents and hold the same as a trust fund to be applied, and to apply the Rents so collected, except to the extent otherwise provided in the Indenture, first to the payment, performance and discharge of the Senior Secured Note Obligations and then to the payment of the Impositions. Thereafter, Mortgagor Trustor may use the balance of the Rents collected in any manner not inconsistent with the Senior Secured Note Security Documents. (b) If an Event of Default shall occur and be continuing, the License shall immediately and automatically terminate without the necessity of any action by Mortgagee Beneficiary or any other Person, and Mortgagee Beneficiary shall have the right in such event to exercise the rights and remedies provided under this Mortgage Deed of Trust or otherwise available to Mortgagee Beneficiary under applicable law. Upon demand by Mortgagee Beneficiary at any time that an Event of Default shall have occurred and be continuing, Mortgagor to the extent allowed by applicable law, Trustor shall promptly pay to Mortgagee Beneficiary all security deposits under the Leases and all Rents allocable to any period commencing from and after the occurrence of such Event of DefaultDefault and during the period such Default shall be continuing. Any Rents received hereunder by Mortgagee Beneficiary shall be applied and disbursed to the payment, performance and discharge of the Senior Secured Note Obligations, subject to the terms of the Indenture; provided, however, that, subject to any applicable requirement of law, any security deposits actually received by Mortgagee Beneficiary shall be held, applied and disbursed as provided in the applicable Leases.

Appears in 2 contracts

Samples: Deed of Trust (Gsi Group Inc), Deed of Trust (Gsi Group Inc)

Revocable License. (a) Mortgagee hereby grants to Mortgagor a revocable license (the "License"), nonexclusive with the rights of Mortgagee reserved in Sections 3.02(b), 3.04 and 3.05 hereof, to exercise and enjoy all incidences of the status of a lessor under the Leases and the Rents, including, without limitation, the right to collect, demand, xxx for, attach, levy, recover and receive the Rents and to give proper receipts, releases and acquittances therefor. Mortgagor hereby agrees to receive all Rents and hold the same as a trust fund to be applied, and to apply the Rents so collected, except to the extent otherwise provided in the IndentureCredit Agreement, first to the payment, performance and discharge of the Senior Secured Note Obligations and then to the payment of the Impositions. Thereafter, Mortgagor may use the balance of the Rents collected in any manner not inconsistent with the Senior Secured Note Documents. (b) If an Event of Default shall occur and be continuing, the License shall immediately and automatically terminate without the necessity of any action by Mortgagee or any other Person, and Mortgagee shall have the right in such event to exercise the rights and remedies provided under this Mortgage or otherwise available to Mortgagee under applicable law. Upon demand by Mortgagee at any time that an Event of Default shall have occurred and be continuingoccurred, Mortgagor shall promptly pay to Mortgagee all security deposits under the Leases and all Rents allocable to any period commencing from and after the occurrence of such Event of Default. Any Rents received hereunder by Mortgagee shall be applied and disbursed to the payment, performance and discharge of the Senior Secured Note Obligations, subject to the terms of the IndentureCredit Agreement; provided, however, that, subject to any applicable requirement of law, any security deposits actually received by Mortgagee shall be held, applied and disbursed as provided in the applicable Leases.

Appears in 2 contracts

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Ascendia Brands, Inc.), Subordinate Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Ascendia Brands, Inc.)

Revocable License. (aA) Mortgagee Beneficiary hereby grants to Mortgagor Trustor a revocable license (the "License"), nonexclusive with the rights of Mortgagee Beneficiary reserved in Sections 3.02(b), 3.04 3.04, and 3.05 hereof, to exercise and enjoy all incidences of the status of a lessor under the Leases and the Rents, including, without limitation, the right to collect, demand, xxx sue for, attach, levy, recover and receive the Rents and to give proper propxx receipts, releases and acquittances therefor. Mortgagor Trustor hereby agrees to receive all Rents and hold the same as a trust fund to be applied, and to apply the Rents so collected, except to the extent otherwise provided in the IndentureFinancing Agreement, first to the payment, performance and discharge of the Senior Secured Note Obligations and then to the payment of the Impositions. Thereafter, Mortgagor Trustor may use the balance of the Rents collected in any manner not inconsistent with the Senior Secured Note Loan Documents. (bB) If an Event of Default shall occur and be continuing, the License shall immediately and automatically terminate without the necessity of any action by Mortgagee Beneficiary or any other Person, and Mortgagee Beneficiary shall have the right in such event to exercise the rights and remedies provided under this Mortgage Deed of Trust or otherwise available to Mortgagee Beneficiary under applicable law. Upon demand by Mortgagee Beneficiary at any time that an Event of Default shall have occurred and be continuingoccurred, Mortgagor Trustor shall promptly pay to Mortgagee Beneficiary all security deposits under the Leases and all Rents allocable to any period commencing from and after the occurrence of such Event of Default. Any Rents received hereunder by Mortgagee Beneficiary shall be applied and disbursed to the payment, performance and discharge of the Senior Secured Note Obligations, subject to the terms of the IndentureFinancing Agreement; provided, however, that, subject to any applicable requirement of law, any security deposits actually received by Mortgagee Beneficiary shall be held, applied and disbursed as provided in the applicable Leases.

Appears in 2 contracts

Samples: Deed of Trust (Lakes Entertainment Inc), Deed of Trust (Lakes Entertainment Inc)

Revocable License. (a) Mortgagee hereby grants to Mortgagor a revocable license (the "License"), nonexclusive with the rights of Mortgagee reserved in Sections 3.02(b), 3.04 and 3.05 hereof, to exercise and enjoy all incidences of the status of a lessor under the Leases and the Rents, including, without limitation, the right to collect, demand, xxx for, attach, levy, recover and receive the Rents and to give proper receipts, releases and acquittances therefor. Mortgagor hereby agrees to receive all Rents and hold the same as a trust fund to be applied, and to apply the Rents so collected, except to the extent otherwise provided in the Indenture, first to the payment, performance and discharge of the Senior Secured Note Obligations and then to the payment of the Impositions. Thereafter, Mortgagor may use the balance of the Rents collected in any manner not inconsistent with the Secured Senior Secured Note Documents. (b) If an Event of Default shall occur and be continuing, the License shall immediately and automatically terminate without the necessity of any action by Mortgagee or any other Person, and Mortgagee shall have the right in such event to exercise the rights and remedies provided under this Mortgage or otherwise available to Mortgagee under applicable law. Upon demand by Mortgagee at any time that an Event of Default shall have occurred and be continuing, Mortgagor shall promptly pay to Mortgagee all security deposits under the Leases and all Rents allocable to any period commencing from and after the occurrence of such Event of Default. Any Rents received hereunder by Mortgagee shall be applied and disbursed to the payment, performance and discharge of the Senior Secured Note Obligations, subject to the terms of the Indenture; provided, however, that, subject to any applicable requirement of law, any security deposits actually received by Mortgagee shall be held, applied and disbursed as provided in the applicable Leases.

Appears in 1 contract

Samples: Mortgage (Progress Precision Inc.)

Revocable License. (a) Mortgagee hereby grants All Common Areas and facilities not within the Leased Premises, which Tenant may be permitted to Mortgagor use and occupy, are to be used and occupied under a revocable license (license, and if the "License")amount of such areas be diminished, nonexclusive Landlord shall not be subject any liability nor shall Tenant be entitled to any compensation or diminution or abatement or Rent, nor shall such diminution of such areas quality and shall be in accordance with the rights of Mortgagee reserved then existing federal, state and local regulations regarding health and safety, and shall be approved in Sections 3.02(b), 3.04 writing by Landlord prior to installation. All such repairs and 3.05 hereof, to exercise and enjoy all incidences replacements of the status Interior of a lessor under the Leases and the Rents, including, without limitation, the right to collect, demand, xxx for, attach, levy, recover and receive the Rents Leased Premises made by Tenant in and to give proper receipts, releases and acquittances therefor. Mortgagor hereby agrees the Leased Premises pursuant to receive all Rents and hold this Section shall constitute a part of the same as a trust fund fee estate remainder subject to be appliedthis Lease, and Tenant's rights, title and interest therein shall be limited to apply the Rents so collected, except its right of possession and use pursuant to the extent otherwise provisions of this Lease and subject to all of the terms and provisions hereof. If Tenant shall neglect and/or fail to observe, keep or perform any of its obligations to maintain and repair and Leased Premises in the time and manner provided in the Indenturethis Article and if such neglect and/or failure shall continue for ten (10) days after notice thereof, first to the payment, performance and discharge of the Senior Secured Note Obligations and then to the payment of the Impositions. Thereafter, Mortgagor may use the balance of the Rents collected in any manner not inconsistent with the Senior Secured Note Documents. (b) If an Event of Default shall occur and be continuing, the License shall immediately and automatically terminate without the necessity of any action by Mortgagee or any other Person, and Mortgagee Landlord shall have the right in such to perform said maintenance and repairs. In the event Landlord does so perform Tenant's responsibilities for said maintenance and repairs, Landlord shall furnish Tenant a statement of the actual cost thereof, plus an administration fee not to exercise exceed fifteen percent (15%) of the rights and remedies provided under this Mortgage or otherwise available to Mortgagee under applicable law. Upon demand by Mortgagee at any time that an Event of Default shall have occurred and be continuingactual costs, Mortgagor shall promptly pay to Mortgagee all security deposits under the Leases and all Rents allocable to any period commencing from and after the occurrence of such Event of Default. Any Rents received hereunder by Mortgagee which statement shall be applied and disbursed to the payment, performance and discharge of the Senior Secured Note Obligations, subject to the terms of the Indenture; provided, however, that, subject to any applicable requirement of law, any security deposits actually received immediately payable by Mortgagee shall be held, applied and disbursed as provided in the applicable LeasesTenant.

Appears in 1 contract

Samples: Hospital Lease Agreement (Dynacq International Inc)

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Revocable License. (aA) Mortgagee Beneficiary hereby grants to Mortgagor Trustor a revocable license (the "License"), nonexclusive with the rights of Mortgagee Beneficiary reserved in Sections 3.02(b), 3.04 3.04, and 3.05 hereof, to exercise and enjoy all incidences of the status of a lessor under the Leases and the Rents, including, without limitation, the right to collect, demand, xxx sue for, attach, levy, recover and receive the Rents and to give proper proxxx receipts, releases and acquittances therefor. Mortgagor Trustor hereby agrees to receive all Rents and hold the same as a trust fund to be applied, and to apply the Rents so collected, except to the extent otherwise provided in the IndentureFinancing Agreement, first to the payment, performance and discharge of the Senior Secured Note Obligations and then to the payment of the Impositions. Thereafter, Mortgagor Trustor may use the balance of the Rents collected in any manner not inconsistent with the Senior Secured Note Loan Documents. (bB) If an Event of Default shall occur and be continuing, the License shall immediately and automatically terminate without the necessity of any action by Mortgagee Beneficiary or any other Person, and Mortgagee Beneficiary shall have the right in such event to exercise the rights and remedies provided under this Mortgage Deed of Trust or otherwise available to Mortgagee Beneficiary under applicable law. Upon demand by Mortgagee Beneficiary at any time that an Event of Default shall have occurred and be continuingoccurred, Mortgagor Trustor shall promptly pay to Mortgagee Beneficiary all security deposits under the Leases and all Rents allocable to any period commencing from and after the occurrence of such Event of Default. Any Rents received hereunder by Mortgagee Beneficiary shall be applied and disbursed to the payment, performance and discharge of the Senior Secured Note Obligations, subject to the terms of the IndentureFinancing Agreement; provided, however, that, subject to any applicable requirement of law, any security deposits actually received by Mortgagee Beneficiary shall be held, applied and disbursed as provided in the applicable Leases.

Appears in 1 contract

Samples: Deed of Trust (Lakes Entertainment Inc)

Revocable License. (a) Mortgagee hereby grants to Mortgagor a revocable license (the "License"), nonexclusive with the rights of Mortgagee reserved in Sections 3.02(b), 3.04 and 3.05 hereof, to exercise and enjoy all incidences of the status of a lessor under the Leases and the Rents, including, without limitation, the right to collect, demand, xxx for, attach, levy, recover and receive the Rents and to give proper receipts, releases and acquittances therefor. Mortgagor hereby agrees to receive all Rents and hold the same as a trust fund to be applied, and to apply the Rents so collected, except to the extent otherwise provided in the Indenture, first to the payment, performance and discharge of the Senior Secured Note Obligations and then to the payment of the Impositions. Thereafter, Mortgagor may use the balance of the Rents collected in any manner not inconsistent with the Senior Secured Note Collateral Documents. (b) If an Event of Default shall occur and be continuing, the License shall immediately and automatically terminate without the necessity of any action by Mortgagee or any other Person, and Mortgagee shall have the right in such event to exercise the rights and remedies provided under this Mortgage or otherwise available to Mortgagee under applicable law. Upon demand by Mortgagee at any time that an Event of Default shall have occurred and be continuing, Mortgagor shall promptly pay to Mortgagee all security deposits under the Leases and all Rents allocable to any period commencing from and after the occurrence of such Event of Default. Any Rents received hereunder by Mortgagee shall be applied and disbursed to the payment, performance and discharge of the Senior Secured Note Obligations, subject to the terms of the Indenture; provided, however, that, subject to any applicable requirement of law, any security deposits actually received by Mortgagee shall be held, applied and disbursed as provided in the applicable Leases.

Appears in 1 contract

Samples: Indenture (Angiotech Pharmaceuticals Inc)

Revocable License. (a) Mortgagee hereby grants to Mortgagor a revocable license (the "License"), nonexclusive with the rights of Mortgagee reserved in Sections 3.02(b), 3.04 and 3.05 hereof, to exercise and enjoy all incidences of the status of a lessor under the Leases and the Rents, including, without limitation, the right to collect, demand, xxx sue for, attach, levy, recover and receive the Rents and to give proper propxx receipts, releases and acquittances therefor. Mortgagor hereby agrees to receive all Rents and hold the same as a trust fund to be applied, and to apply the Rents so collected, except to the extent otherwise provided in the Indenture, first to the payment, performance and discharge of the Senior Secured Note Obligations and then to the payment of the Impositions. Thereafter, Mortgagor may use the balance of the Rents collected in any manner not inconsistent with the Senior Secured Note Documents. (b) If an Event of Default shall occur and be continuing, the License shall immediately and automatically terminate without the necessity of any action by Mortgagee or any other Person, and Mortgagee shall have the right in such event to exercise the rights and remedies provided under this Mortgage or otherwise available to Mortgagee under applicable law. Upon demand by Mortgagee at any time that an Event of Default shall have occurred and be continuing, Mortgagor shall promptly pay to Mortgagee all security deposits under the Leases and all Rents allocable to any period commencing from and after the occurrence of such Event of Default. Any Rents received hereunder by Mortgagee shall be applied and disbursed to the payment, performance and discharge of the Senior Secured Note Obligations, subject to the terms of the Indenture; provided, however, that, subject to any applicable requirement of law, any security deposits actually received by Mortgagee shall be held, applied and disbursed as provided in the applicable Leases.

Appears in 1 contract

Samples: Open End Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Progress Precision Inc.)

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