Common use of Security; Loan Documents Clause in Contracts

Security; Loan Documents. This Note evidences a loan made by Lender to the Borrower pursuant to a Loan Agreement of even date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Mortgage, Assignment of Rents, and Security Agreement (as the same may from time to time be amended, restated, modified or supplemented, the “Mortgage”), of even date herewith, from LBO Holding, Inc. (“LBO”), to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Wilmington, Vermont and Dover, Vermont, and commonly known as the Mount Attitash Ski Resort (the “Property”); (b) the Assignment of Rents, Leases and Leasing Agreements of even date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith executed by Xxxxxxxx; (d) the Environmental Indemnity Agreement of even date herewith executed by Xxxxxxxx; and (e) the Debt Service Reserve and Security Agreement by and between Lender and Borrower of even date herewith. This Note, the Mortgage, the Loan Agreement and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document” and together the “Loan Documents.”

Security; Loan Documents. This Note evidences a loan made by Lender to the Borrower pursuant to a Master Loan Agreement of even date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Security Agreement Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Mortgage”), of even date herewith, from LBO HoldingSycamore Lake, Inc. (“LBO”)Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in WilmingtonXxxxxx, Vermont and Dover, VermontOhio, and commonly known as the Mount Attitash Alpine Valley Ski Resort (the “Property”); and (b) the Assignment of Rents, Leases and Leasing Agreements of even date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith executed by Xxxxxxxx; (d) the Environmental Indemnity Agreement of even date herewith executed by Xxxxxxxx; and (e) the Master Debt Service Reserve and Security Agreement (as the same may from time to time be amended, restated, modified or supplemented, the “Debt Service Agreement”) by and between Lender and Borrower of even date herewith. This Note, the Mortgage, the Loan Agreement and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document” and together the “Loan Documents.”

Security; Loan Documents. This Note evidences a loan made by Lender to the Borrower pursuant to a Loan Master Credit and Security Agreement of even date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Boston Xxxxx Mortgage”), of even date herewith, from Boston Xxxxx Ski Resort, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Boston, Ohio, and commonly known as the Boston Xxxxx Ski Resort (the “Boston Xxxxx Property”); (b) that certain Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Brandywine Mortgage”, together with the Boston Xxxxx Mortgage, the “Mortgage”), of even date herewith, from Brandywine Ski Resort, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Sagamore Hills, Ohio, and commonly known as the Brandywine Ski Resort (the “Brandywine Property”, together with the Boston Xxxxx Property, the “Property”); and (c) the Master Debt Service Reserve and Security Agreement (as the same may from time to time be amended, restated, modified or supplemented, the “Mortgage”), of even date herewith, from LBO Holding, Inc. (“LBO”), to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Wilmington, Vermont and Dover, Vermont, and commonly known as the Mount Attitash Ski Resort (the “Property”); (b) the Assignment of Rents, Leases and Leasing Agreements of even date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith executed by Xxxxxxxx; (d) the Environmental Indemnity Agreement of even date herewith executed by Xxxxxxxx; and (e) the Debt Service Reserve and Security Agreement Agreement”) by and between Lender and Borrower of even date herewith. This Note, the Mortgage, the Loan Agreement and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document” and together the “Loan Documents.”

Security; Loan Documents. This Note evidences a loan made by Lender to the Borrower pursuant to a Master Loan Agreement of even date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Xxxx Frost Mortgage”), of even date herewith, from JFBB Ski Areas, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Xxxxxx, Pennsylvania, and commonly known as the Xxxx Frost Ski Resort (the “Xxxx Xxxxx Property”); (b) that certain Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Big Boulder Mortgage”, together with the Xxxx Frost Mortgage, the “Mortgage”), of even date herewith, from JFBB Ski Areas, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Xxxxxx, Pennsylvania, and commonly known as the Big Boulder Ski Resort (the “Big Boulder Property”, together with the Xxxx Frost Property, the “Property”); and (c) the Master Debt Service Reserve and Security Agreement (as the same may from time to time be amended, restated, modified or supplemented, the “Mortgage”), of even date herewith, from LBO Holding, Inc. (“LBO”), to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Wilmington, Vermont and Dover, Vermont, and commonly known as the Mount Attitash Ski Resort (the “Property”); (b) the Assignment of Rents, Leases and Leasing Agreements of even date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith executed by Xxxxxxxx; (d) the Environmental Indemnity Agreement of even date herewith executed by Xxxxxxxx; and (e) the Debt Service Reserve and Security Agreement Agreement”) by and between Lender and Borrower of even date herewith. This Note, the Mortgage, the Loan Agreement and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document” and together the “Loan Documents.”

Security; Loan Documents. This Note evidences a loan made by Lender to the Borrower pursuant to a Master Loan Agreement of even date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Boston Xxxxx Mortgage”), of even date herewith, from Boston Xxxxx Ski Resort, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Boston, Ohio, and commonly known as the Boston Xxxxx Ski Resort (the “Boston Xxxxx Property”); (b) that certain Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Brandywine Mortgage”, together with the Boston Xxxxx Mortgage, the “Mortgage”), of even date herewith, from Brandywine Ski Resort, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Sagamore Hills, Ohio, and commonly known as the Brandywine Ski Resort (the “Brandywine Property”, together with the Boston Xxxxx Property, the “Property”); and (c) the Master Debt Service Reserve and Security Agreement (as the same may from time to time be amended, restated, modified or supplemented, the “Mortgage”), of even date herewith, from LBO Holding, Inc. (“LBO”), to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Wilmington, Vermont and Dover, Vermont, and commonly known as the Mount Attitash Ski Resort (the “Property”); (b) the Assignment of Rents, Leases and Leasing Agreements of even date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith executed by Xxxxxxxx; (d) the Environmental Indemnity Agreement of even date herewith executed by Xxxxxxxx; and (e) the Debt Service Reserve and Security Agreement Agreement”) by and between Lender and Borrower of even date herewith. This Note, the Mortgage, the Loan Agreement and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be be (1) Subject to change in accordance with Section 2(f)(i) of the Restructure Agreement. amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document” and together the “Loan Documents.””(2)

Security; Loan Documents. This Note evidences a loan made by Lender to the Borrower pursuant to a Master Loan Agreement of even date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Security Agreement Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Mortgage”), of even date herewith, from LBO HoldingMount Snow, Inc. (“LBO”)Ltd, to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Wilmington, Vermont and Dover, Vermont, and commonly known as the Mount Attitash Snow Ski Resort (the “Property”); and (b) the Assignment of Rents, Leases and Leasing Agreements of even date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith executed by Xxxxxxxx; (d) the Environmental Indemnity Agreement of even date herewith executed by Xxxxxxxx; and (e) the Master Debt Service Reserve and Security Agreement (as the same may from time to time be amended, restated, modified or supplemented, the “Debt Service Agreement”) by and between Lender and Borrower of even date herewith. This Note, the Mortgage, the Loan Agreement and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document” and together the “Loan Documents.”

Security; Loan Documents. This Note evidences a loan made by Lender to the Borrower pursuant to a Loan Master Credit and Security Agreement of even date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Xxxx Xxxxx Mortgage”), of even date herewith, from JFBB Ski Areas, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Xxxxxx, Pennsylvania, and commonly known as the Xxxx Xxxxx Ski Resort (the “Xxxx Xxxxx Property”); (b) that certain Amended and Restated Mortgage, Assignment of Rents, Security Agreement, and Fixture Filing (as the same may from time to time be amended, restated, modified or supplemented, the “Big Boulder Mortgage”, together with the Jack Frost Mortgage, the “Mortgage”), of even date herewith, from JFBB Ski Areas, Inc., to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Xxxxxx, Pennsylvania, and commonly known as the Big Boulder Ski Resort (the “Big Boulder Property”, together with the Xxxx Xxxxx Property, the “Property”); and (c) the Master Debt Service Reserve and Security Agreement (as the same may from time to time be amended, restated, modified or supplemented, the “Mortgage”), of even date herewith, from LBO Holding, Inc. (“LBO”), to Lender, conveying and encumbering certain real and personal property more particularly described therein and located in Wilmington, Vermont and Dover, Vermont, and commonly known as the Mount Attitash Ski Resort (the “Property”); (b) the Assignment of Rents, Leases and Leasing Agreements of even date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith executed by Xxxxxxxx; (d) the Environmental Indemnity Agreement of even date herewith executed by Xxxxxxxx; and (e) the Debt Service Reserve and Security Agreement Agreement”) by and between Lender and Borrower of even date herewith. This Note, the Mortgage, the Loan Agreement and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document” and together the “Loan Documents.”

Security; Loan Documents. (a) This Note evidences a loan made by Lender to the Borrower pursuant to a Loan Agreement of even Agreement, dated the same date herewith, by and between the Borrower and Lender (as amended, modified or supplemented from time to time, the “Loan Agreement”). This Note shall be secured by (a) that certain New Hampshire Open-End Mortgage, Assignment of Rents, Security Agreement, and Security Agreement (as Fixture Filing, dated the same may date herewith, from time Borrower to time and for the benefit of Lender, to be amendedrecorded in the public records of Geagua County, restated, modified or supplemented, Ohio (the “Mortgage”), . All of even date herewith, from LBO Holding, Inc. (“LBO”), to Lender, conveying and encumbering certain the real and personal property more particularly described therein and located in Wilmington, Vermont and Dover, Vermont, and commonly known secured by the Mortgage is hereinafter referred to as the Mount Attitash Ski Resort “Property.” (b) In addition to the Mortgage, this Note shall be secured by: (i) the Assignment of Rents and Leases, dated the same date herewith, executed by Xxxxxxxx to and for the benefit of Lender (the “PropertyLease Assignment”); (b) the Assignment of Rents, Leases and Leasing Agreements of even date herewith executed by LBO; (c) the Assignment of Permits and Licenses of even date herewith executed by Xxxxxxxx; (dii) the Environmental Indemnity Agreement of even Agreement, dated the same date herewith herewith, executed by XxxxxxxxXxxxxxxx to and for the benefit of Lender (the “Environmental Indemnity”); and (eiii) the Debt Service service Reserve and Security Agreement Agreement, by and between Lender and Borrower of even Borrower, dated the same date herewith. herewith (the “Debt Service Agreement”); and (iv) UCC financing statements, to be field in the applicable jurisdictions against Borrower’s personal property. (c) This Note, the Loan Agreement, the Mortgage, the Loan Agreement Lease Assignment, Environmental Indemnity, the Debt Service Agreement, the UCC financing statements, and all other documents now or hereafter securing, guaranteeing or executed in connection with the loan evidenced by this Note (the “Loan”), as the same may from time to time be amended, restated, modified or supplemented, are herein sometimes called individually a “Loan Document,” and together the “Loan Documents”.”