Common use of Second Lien Status Clause in Contracts

Second Lien Status. Notwithstanding anything herein to the contrary, the lien and security interest granted to or for the benefit of Mortgagee under this Mortgage and the exercise of any right or remedy by hereunder are subject to the provisions of the Term Loan Intercreditor Agreement. In the event of any conflict between the terms of the Term Loan Intercreditor Agreement and this Mortgage, the terms of the Term Loan Intercreditor Agreement shall govern and control. Any reference in this Mortgage to “second priority lien” or words of similar effect in describing the security interests created hereunder shall be understood to refer to such priority as set forth in the Term Loan Intercreditor Agreement. All representations, warranties, and covenants in this Mortgage shall be subject to the provisions and qualifications set forth in this Section 5.18.

Appears in 8 contracts

Samples: Second Lien Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement (Green Plains Inc.), Second Lien Mortgage (Green Plains Inc.), Second Lien Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement (Green Plains Inc.)

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Second Lien Status. Notwithstanding anything herein to the contrary, the lien and security interest granted to or for the benefit of Mortgagee Beneficiary under this Mortgage Deed of Trust and the exercise of any right or remedy by or for the benefit of Beneficiary hereunder are subject to the provisions of the Term Loan Intercreditor Agreement. In the event of any conflict between the terms of the Term Loan Intercreditor Agreement and this MortgageDeed of Trust, the terms of the Term Loan Intercreditor Agreement shall govern and control. Any reference in this Mortgage Deed of Trust to “second priority lien” or words of similar effect in describing the security interests created hereunder shall be understood to refer to such priority as set forth in the Term Loan Intercreditor Agreement. All representations, warranties, and covenants in this Mortgage Deed of Trust shall be subject to the provisions and qualifications set forth in this Section 5.18.

Appears in 8 contracts

Samples: Deed of Trust (Green Plains Inc.), Second Lien Deed of Trust (Green Plains Inc.), Second Lien Deed of Trust (Green Plains Inc.)

Second Lien Status. Notwithstanding anything herein to the contrary, the lien and security interest granted to or for the benefit of Mortgagee under this Mortgage and the exercise of any right or remedy by hereunder are subject to the provisions of the Term Loan Intercreditor Agreement. In the event of any conflict between the terms of the Term Loan Intercreditor Agreement and this Mortgage, the 16 terms of the Term Loan Intercreditor Agreement shall govern and control. Any reference in this Mortgage to “second priority lien” or words of similar effect in describing the security interests created hereunder shall be understood to refer to such priority as set forth in the Term Loan Intercreditor Agreement. All representations, warranties, and covenants in this Mortgage shall be subject to the provisions and qualifications set forth in this Section 5.18.

Appears in 4 contracts

Samples: Second Lien Mortgage, Second Lien Mortgage (Green Plains Inc.), Second Lien Mortgage (Green Plains Inc.)

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Second Lien Status. Notwithstanding anything herein to the contrary, the lien and security interest granted to or for the benefit of Mortgagee under this Mortgage and the exercise of any right or remedy by hereunder are subject to the provisions of the Term Loan Intercreditor Agreement. In the event of any conflict between the terms of the Term Loan Intercreditor Agreement and this Mortgage, the terms of the Term Loan Intercreditor Agreement shall govern and control. Any reference in this Mortgage to “second priority lien” or words of similar effect in describing the security interests created hereunder shall be understood to refer to such priority as set forth in the Term Loan Intercreditor Agreement. All representations, warranties, and covenants in this Mortgage shall be subject to the provisions and qualifications set forth in this Section 5.185.25.

Appears in 1 contract

Samples: Second Lien Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing Statement (Green Plains Inc.)

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