Common use of Same Indebtedness; Priority of Liens Not Affected Clause in Contracts

Same Indebtedness; Priority of Liens Not Affected. This Agreement and the execution of other documents contemplated hereby do not constitute the extinguishment of any debt evidenced by the Loan Documents, nor will they in any way affect or impair the liens and security interests created by the Loan Documents, which Borrowers acknowledge to be valid and existing liens on and security interests in the Properties. Borrowers agree that the liens and security interests created by the Deeds of Trust continue to be in full force and effect, unaffected and unimpaired by this Agreement or by the transactions contemplated herein and that said liens and security interests shall so continue in their perfection and priority until the debt secured by the Loan Documents is fully discharged.

Appears in 6 contracts

Samples: Third Modification and Additional Advance Agreement, Modification and Additional Advance Agreement (KBS Real Estate Investment Trust III, Inc.), Second Modification and Additional Advance Agreement (KBS Real Estate Investment Trust III, Inc.)

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Same Indebtedness; Priority of Liens Not Affected. This Agreement and the execution of the other documents contemplated hereby required to be executed in connection herewith do not constitute the creation of a new debt or the extinguishment of any the debt evidenced by the Loan Documents, nor will they in any way affect or impair the liens and security interests created by the Loan Documents, which Borrowers acknowledge to be valid and existing liens on and security interests in the Properties. Borrowers agree Borrower agrees that the liens lien and security interests created by the Deeds of Trust Security Instrument continue to be in full force and effect, unaffected and unimpaired by this Agreement or by the transactions contemplated herein and that said liens and security interests shall so continue in their perfection and priority until the debt Indebtedness secured by the Loan Documents is fully discharged.

Appears in 3 contracts

Samples: Consent and Acknowledgment Agreement, Agreement (Spirit Realty Capital, Inc.), Agreement (Spirit Realty Capital, Inc.)

Same Indebtedness; Priority of Liens Not Affected. This Agreement and the execution of other documents contemplated hereby do not constitute the extinguishment of any debt evidenced by the Loan Documents, nor will they in any way affect or impair the liens and security interests created by the Loan Documents, which Borrowers acknowledge Borrower acknowledges to be valid and existing liens on and security interests in the PropertiesProperty. Borrowers agree Xxxxxxxx agrees that the liens and security interests created by the Deeds of Trust Mortgage continue to be in full force and effect, unaffected and unimpaired by this Agreement or by the transactions contemplated herein and that said liens and security interests shall so continue in their perfection and priority until the debt secured by the Loan Documents is fully discharged.

Appears in 2 contracts

Samples: Second Modification Agreement (KBS Real Estate Investment Trust III, Inc.), First Modification Agreement (KBS Real Estate Investment Trust III, Inc.)

Same Indebtedness; Priority of Liens Not Affected. This Agreement and the execution of the other documents contemplated hereby required to be executed in connection herewith do not constitute the creation of a new debt or the extinguishment of any the debt evidenced by the Loan Documents, nor will they in any way affect or impair the liens and security interests created by the Loan Documents, which Borrowers acknowledge Documents except as otherwise provided with respect to be valid and existing liens on and security interests in the PropertiesDischarge. Borrowers The parties agree that the liens lien and security interests created by the Deeds of Trust Loan Documents continue to be in full force and effect, unaffected and unimpaired by this Agreement or by the transactions contemplated herein and that said liens and security interests shall so continue in their perfection and priority until the debt Obligations secured by the Loan Documents is are fully discharged.

Appears in 2 contracts

Samples: Loan and Security Agreement (Digirad Corp), Loan and Security Agreement (Star Equity Holdings, Inc.)

Same Indebtedness; Priority of Liens Not Affected. This Agreement and the execution of other documents contemplated hereby do not constitute the extinguishment of any debt evidenced by the Loan Documents, nor will they in any way affect or impair the liens and security interests created by the Loan Documents, which Borrowers acknowledge each Borrower acknowledges to be valid and existing liens on and security interests in the PropertiesProperty. Borrowers agree Each Borrower agrees that the liens and security interests created by the Deeds of Trust continue to be in full force and effect, unaffected and unimpaired by this Agreement or by the transactions contemplated herein and that said liens and security interests shall so continue in their perfection and priority until the debt secured by the Loan Documents is fully discharged.

Appears in 1 contract

Samples: Second Modification Agreement (KBS Real Estate Investment Trust III, Inc.)

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Same Indebtedness; Priority of Liens Not Affected. This Agreement and the execution of the other documents contemplated hereby required to be executed in connection herewith do not constitute the creation of a new debt or the extinguishment of any the debt evidenced by the Loan Documents, nor will they in any way affect or impair the liens and security interests created by the Loan Documents, which Borrowers acknowledge Documents except as otherwise provided with respect to be valid and existing liens on and security interests in the PropertiesDischarge. Borrowers The parties agree that the liens lien and security interests created by the Deeds of Trust Loan Documents continue to be in full force and effect, unaffected and unimpaired by this Agreement or by the transactions contemplated herein and that said liens and security interests shall so continue in their perfection and priority until the debt Obligations secured by the Loan Documents is are fully discharged. Following the Discharge, Lender agrees to execute such documents reasonably requested to effectuate the discharge of Lender’s security interest in the Cash Collateral as provided hereby only.

Appears in 1 contract

Samples: Consent and Acknowledgment Agreement (Digirad Corp)

Same Indebtedness; Priority of Liens Not Affected. This Agreement and the execution of the other documents contemplated hereby required to be executed in connection herewith do not constitute the creation of a new debt or the extinguishment of any the debt evidenced by the Loan Documents, nor will they in any way affect or impair the liens and security interests created by the Loan Documents, which Borrowers acknowledge to be valid and existing liens on and security interests in the Properties. Borrowers agree Borrower agrees that the liens lien and security interests created by the Deeds of Trust Security Instrument continue to be in full force and effect, unaffected and unimpaired by this Agreement or by the transactions contemplated herein and that said liens and security interests shall so continue in their perfection and priority until the debt Indebtedness (as defined in the Loan Agreement) secured by the Loan Documents is fully discharged.

Appears in 1 contract

Samples: Consent Agreement (Behringer Harvard Reit I Inc)

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