Special Louisiana Provisions. (i) Without limiting the generality of the foregoing, should one or more Events of Default occur or exist and be continuing under this Mortgage, as provided above, the Mortgagee, at its option, may exercise any one or more of this following rights and remedies, in addition to any other rights and remedies provided by law and under this Mortgage to the greatest extent permitted by applicable Louisiana law. Nothing contained herein shall be construed as constituting the Mortgagee as mortgagee in possession in absence of the actual taking of possession of the Premises by the Mortgagee.
Special Louisiana Provisions. Insofar as the validity or perfection of the security interest hereunder or the remedies hereunder are governed by the laws of the State of Louisiana, Borrower agrees as follows:
Special Louisiana Provisions. The following provisions of this section 4.8 govern Secured Party's rights and remedies upon an Event of Default to the extent Louisiana law is applicable and are in addition to all other rights and remedies of Secured Party under this Agreement. Upon the occurrence of an Event of Default, Secured Party shall have all the rights and remedies of a secured party under Chapter 9 of the Louisiana Commercial Laws, Title 10 of the Louisiana Revised Statutes of 1950, as the same may be amended. Debtor hereby acknowledges the indebtedness owed under the Obligations and, for the purposes of Louisiana executory process procedures, confesses judgment in favor of Secured Party for the full amount of the Obligations, consenting that judgment be rendered and signed whether during the court's term or during vacation, in favor of Secured Party for the full amount of the Obligations in principal, interest, and attorneys' fees, together with all charges and expenses whatsoever, as mentioned in this Agreement or in any document, instrument, agreement, or other writing evidencing the Obligations. Upon the occurrence of an Event of Default, Debtor declares that it shall be lawful for, and it does hereby authorize, Secured Party to cause all or any part of the Collateral to be seized and sold, under executory process or under writ of fieri facias issued in execution of an ordinary judgment obtained on the Obligations, without appraisement to the highest bidder, for cash or on such terms as are acceptable to Secured Party. Debtor waives all and every appraisement of the Collateral and waives and renounces the benefit of appraisement and the benefit of all laws relative to the appraisement of the Collateral seized and sold under executory or other legal process. Debtor agrees to waive, and does hereby specifically waive:
Special Louisiana Provisions. Insofar as the validity or perfection of the security interest in any of the Collateral hereunder or any of the remedies hereunder are governed by the laws of the State of Louisiana, the Company agrees as follows:
Special Louisiana Provisions. In accordance with the provisions of La. R.S. 9:4401 and any successor or replacement statute, Assignor further agrees that this Assignment shall also constitute a conditional or collateral assignment or pledge of the Leases and Rents to secure the Secured Obligations, up to the maximum amount or limit of $450,000,000 outstanding at any time or from time to time, which conditional or collateral assignment or pledge shall become absolute upon the occurrence of an Event of Default pursuant to the Credit Agreement. THIS ASSIGNMENT shall inure to the benefit of Agent and any subsequent beneficiary of the Instrument and shall be binding upon Assignor, and Assignor’s heirs, executors, administrators, successors and assigns and any subsequent owner of the Property. Assignor has executed this instrument under seal as of the day and year first above written. ASSIGNOR: HC-3436 MASONIC DRIVE, LLC, a Delaware limited liability company By: Xxxxxx/Validus Operating Partnership, LP, a Delaware limited partnership, its sole member By: Xxxxxx Validus Mission Critical REIT, Inc., a Maryland corporation, its General Partner By: /s/ Xxxx X. Xxxxxx Name: Xxxx X. Xxxxxx Title: Chief Executive Officer (SEAL) WITNESSES: Signature: /s/ Xxxx Xxxxxxx Print Name: Xxxx Xxxxxxx Signature: /s/ Xxxxxxxx Xxxxxxx Print Name: Xxxxxxxx Xxxxxxx /s/ Xxxxxxx Xxxxxxx Notary Public Bar No./Notary No. EE062077 Printed Name: Xxxxxxx Xxxxxxx [SIGNATURE PAGE TO ASSIGNMENT OF LEASES AND RENTS] EXHIBIT “A” Legal Description THAT CERTAIN 1.719 ACRE PIECE, PARCEL OR LOT OF GROUND, TOGETHER WITH ALL IMPROVEMENTS THEREON, RIGHTS OF WAYS, AND PRIVILEGES THEREUNTO BELONGING BEING A PORTION OF CHRISTUS HEALTH CENTRAL LOUISIANA INC. PROPERTIES, LYING ADJACENT TO AND ADJOINING THE EASTERN SIDE OF LOTS 9 AND 10 OF CABRINI SUBDIVISION, SITUATED IN XXXXXXX 00, XXXXXXXX 0 XXXXX XXXXX 0 XXXX, XXXX OF ALEXANDRIA, RAPIDES PARISH, LOUISIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE XXXXXXXXXXXX XXXXXX XX XXX 0 XX XXXXXXX SUBDIVISION, SAID POINT BEING A FOUND 1/2 INCH IRON ROD AND THE POINT OF BEGINNING; THENCE N 37°55’46” E A DISTANCE OF 267.26 FEET TO A FOUND 1/2 INCH IRON ROD; THENCE S 51°50’18” E A DISTANCE OF 280.64 FEET TO A FOUND 1/2 INCH IRON ROD; THENCE S 38°09’39” W A DISTANCE OF 267.26 FEET TO A SET 1/2 INCH IRON ROD; THENCE N 51°50’16” W A DISTANCE OF 279.56 FEET BACK TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 1.719 ACRES MORE OR LESS. SUBJECT TO THE BENEFIT OF A 40’ SERVITUDE OF...
Special Louisiana Provisions. 13 SECURITY AGREEMENT SECURITY AGREEMENT, dated as of May 22, 1998, made by RIVER ROAD REALTY CORPORATION, a Louisiana corporation, the Federal taxpayer identification number of which is 72-1162713 (the "COMPANY"), in favor of FIRST NATIONAL BANK OF COMMERCX, xx xxxxtee (in such capacity, the "TRUSTEE"), the Federal Employer Identification Number of which is 72-0269760, under the Indenture dated May 22, 1998, among Bayou Steel Xxxxxxxxxxn, Bayou Steel Corporation (Tennessee), the Company, and the Trustee (as amended, supplemented or otherwise modified from time to time, the "INDENTURE"), and as collateral agent (in such capacity and together with any successors in such capacity, the "COLLATERAL AGENT") for the benefit of the Holders of all securities issued under the Indenture (the "SECURITIES").
Special Louisiana Provisions. SECURITY AGREEMENT SECURITY AGREEMENT, dated as of February 18, 2004, made by BAYOU STEEL CORPORATION, a Delaware corporation, the Federal taxpayer identification number of which is 72-1125783 (the "Company"), in favor of J.P. MORGAN TRUST COMPANY, N.A., xxx Xxxeral Employer Identification Nxxxxx xx xxich is 72-0269760, as trustee and as collateral agent (in such capacity, and xxxxxxxx xith any successors in such capacity, collectively the "Trustee"), under the Indenture dated February 18, 2004, between the Trustee and the Company (as amended, supplemented or otherwise modified from time to time, the "Indenture"), for the benefit of the Holders of all securities issued under the Indenture (the "Securities").
Special Louisiana Provisions. 16 Exhibit "F" SECURITY AGREEMENT SECURITY AGREEMENT, dated as of [________], 200[_], made by [_____________], a [________] corporation, the Federal taxpayer identification number of which is [_______] (the "Company"), in favor of [J.P. MORGAN TRUST COMPANY, N.A.], as trustee and as collateral agent (xx xxxx xxxacity, the "Trustee"), the Federal Employer Identification Number of which is 72-0269760, under the Indenture dated February __, 2004, between the Txxxxxx xxx Bayou Steel Company, the parent of the Company ("Bayou Steel") (as amended, supplemented or otherwise modified from time to time, the "Indenture"), for the benefit of the Holders of all securities issued under the Indenture (the "Securities").
Special Louisiana Provisions. For purposes of foreclosure under Louisiana executory process procedures, Grantors confess judgment and acknowledges to be indebted to Secured Parties up to the full amount of the Secured Obligations, in principal, interest, costs, expenses, attorney's fees and other fees and charges, and all other amounts secured by this Agreement. To the extent permitted under applicable Louisiana law, Grantors additionally waive: (A) the benefit of appraisal as provided under Articles 2332, 2336, 2723 and 2724 of the Louisiana Code of Civil Procedure, and all other laws with regard to the appraisal upon judicial sale; (B) the demand and three days' delay as provided under Articles 2639 and 2721 of the Louisiana Code of Civil Procedure; (C) the notice of seizure as provided under Articles 2293 and 2721 of the Louisiana Code of Civil Procedure; (D) for three (3) days' delay provided under Articles 2331 and 2722 of the Louisiana Code of Civil Procedure; and (E) all other benefits provided under Articles 2331, 2722 and 2723 of the Louisiana Code of Civil Procedure and all other Articles not specifically mentioned above. Grantors further agree that any declaration of fact made by authentic act before a Notary Public and two witnesses by a person declaring that such facts are within his or her knowledge shall constitute authentic evidence of such facts for purposes of foreclosure under applicable Louisiana law. Grantors further agree that Administrative Agent may appoint a keeper of the Collateral in the event of foreclosure.
Special Louisiana Provisions. Insofar as the validity or perfection of a security interest hereunder or the remedies hereunder are governed by the laws of the State of Louisiana, the following provisions shall apply: Borrower specifically acknowledges the obligations secured hereby, whether now existing or to arise hereafter, and confesses judgment thereon in favor of Lender if the same are not paid at maturity. Upon and after the occurrence of an Event of Default, it shall be lawful for and Borrower does hereby authorize Lender without making a demand or putting Borrower in default, the making of demand and a putting in default being expressly waived, to cause all and singular the Collateral to be seized and sold after due process of law, Borrower waiving the benefit of any and all laws or parts of laws relative to the appraisement of the property seized and sold, under executory process or other legal process, and consenting that the Collateral be sold without appraisement, either in its entirety or in lots or parcels, as Lender may determine, to the highest bidder for cash or on such other terms as the plaintiff in such proceeding may direct. Furthermore, upon the occurrence of an Event of Default, if Lender employs an attorney to enforce Lender's rights in Louisiana against Borrower or any other Person which may be obligated to Lender under this Agreement or any of the other Agreements, Borrower agrees to pay Lender's reasonable attorney's fees in an amount equal to 5% of the unpaid obligations then due and owing.
