Common use of The Liabilities Clause in Contracts

The Liabilities. As used in this Mortgage, the term “Liabilities” means and includes all of the following: (i) all performance and payment obligations to the Lender arising under or in connection with the Loan Agreement, the Note, this Mortgage or any of the other Loan Documents, other than the obligations under each of the Limited Repayment Guaranty, Guaranty of Non-Recourse Carveouts, and Unsecured Environmental Indemnity Agreement, which obligations are and shall remain, for as long as Lender deems necessary, unsecured obligations; (ii) all payment, reimbursement, indemnification and other obligations to the Lender, in each case howsoever created, arising or evidenced, whether direct or indirect, joint or several, absolute or contingent, or now or hereafter existing, or due or to become due, arising out of or in connection with the Loan Agreement, the Note, this Mortgage or any of the other Loan Documents; (iii) all indebtedness of any kind arising under, and all amounts of any kind which at any time become due or owing to the Lender under or with respect to, all of the covenants, obligations and agreements in, under or pursuant to the Loan Agreement, the Note, this Mortgage, and the other Loan Documents; (iv) any and all advances, costs or expenses paid or incurred by the Lender (a) to protect any or all of the Collateral (hereinafter defined) and other collateral under the Loan Documents, (b) to perform any obligation of the Borrower hereunder and any obligation of the Borrower under the Loan Agreement, the Note or any other Loan Documents or collect any amount owing to the Lender, which is secured hereby or under the Loan Documents; (v) interest on all of the foregoing including, where applicable, interest at the Default Interest Rate (as defined in the Note) as applicable to the Note Rate (as defined in the Note); and (vi) all costs of enforcement and collection (including, without limitation, attorneys’ fees and court costs) of this Mortgage, the Loan Documents and any of the foregoing.

The Liabilities. As used in this Mortgage, the term “"Liabilities” " --------------- means and includes all of the following: : (i) the principal of, interest on and any and all performance and payment obligations to other amounts which may at any time be or become due or owing under the Lender arising under or in connection with the Loan Credit Agreement, the Note, this Mortgage or any of the other Loan Documents, other than the obligations under each of the Limited Repayment Guaranty, Guaranty of Non-Recourse Carveouts, and Unsecured Environmental Indemnity Agreement, which obligations are and shall remain, for as long as Lender deems necessary, unsecured obligations; ; (ii) all payment, reimbursement, indemnification and other obligations to the Lender, in each case howsoever created, arising or evidenced, whether direct or indirect, joint or several, absolute or contingent, or now or hereafter existing, or due or to become due, arising out of or in connection with the Loan Agreement, the Note, this Mortgage or any of the other Loan Documents; Secured Obligations (each defined for purposes hereof as defined in the Credit Agreement); (iii) all indebtedness of any kind arising under, and all amounts of any kind which at any time become due or owing to the Lender under or with respect to, all of the covenants, obligations and agreements (and the truth of all representations and warranties) of the Mortgagor in, under or pursuant to the Loan Credit Agreement, the NoteLetters of Credit, this Mortgage, and all of the other Loan Security Documents; ; (iv) any and all advances, costs or expenses paid or incurred by the Lender (a) Mortgagee to protect any or all of the Collateral (hereinafter defined) and other collateral under the Loan Documents), (b) to perform any obligation of the Borrower Mortgagor hereunder and any obligation of the Borrower under the Loan Agreement, the Note or any other Loan Documents or collect any amount owing to the Lender, Mortgagee which is secured hereby hereby; (v) any and all other liabilities, obligations and indebtedness, howsoever created, arising or evidenced, direct or indirect, absolute or contingent, now or hereafter existing or due or to become due, owing by the Mortgagor to the Mortgagee under the Loan Documents; Credit Documents (vprovided, however, that the maximum amount included within the Liabilities on account of principal shall not exceed the sum of an amount equal to two times the Credit Amount plus the total amount of all advances made by the Mortgagee to protect the Collateral and the security interest and lien created hereby); (vi) interest on all of the foregoing including, where applicable, interest at the Default Interest Rate foregoing; (as defined in the Notevii) as applicable to the Note Rate (as defined in the Note); and (vi) and all costs of enforcement and collection (including, without limitation, attorneys’ ' fees and court costsexpenses) of enforcement and collection of this Mortgage and the other Security Documents, and the other documents, instruments, obligations and liabilities described hereinabove. Any future advances under the Credit Agreement, whether obligatory or made at the option of the Mortgagee, shall be secured by this Mortgage, and shall be entitled to the Loan Documents and any of same priority as if such future advances were made on the foregoingdate hereof.

The Liabilities. As used in this Mortgage, the term “Liabilities” means and includes all of the following: (i) all performance Upon any Event of Default, Borrowers unconditionally, and payment obligations jointly and severally, promise to pay to Lender such amounts as are necessary to cure the Event of Default or, at the option of Lender arising under or as provided in connection with the Loan Section 8.2 of this Agreement, Borrowers agree, jointly and severally, to pay the Note, this Mortgage or any of the other Loan Documents, other than the obligations under each of the Limited Repayment Guaranty, Guaranty of Non-Recourse Carveouts, and Unsecured Environmental Indemnity Agreement, which obligations are and shall remain, for as long as Lender deems necessary, unsecured obligations;outstanding Liabilities in full. (ii) all paymentThe Liabilities are unconditional except as expressly set forth herein, reimbursement, indemnification and other obligations to the Borrowers agree that Lender, in each case howsoever createdupon the occurrence of an Event of Default, arising shall not be required to assert any claim or evidenced, whether direct cause of action against either of Borrowers (or indirect, joint any other Person obligated to repay the Liabilities) before asserting any claim or several, absolute cause of action against either of the Borrowers under this Agreement. Each of the Borrowers further agrees that Lender shall not be required to pursue or contingent, or now or hereafter existing, or due or to become due, arising out foreclose on any Collateral that it may receive from either of or in connection with the Loan Agreement, the Note, this Mortgage or Borrowers as security for any of the Liabilities before making a claim or asserting a cause of action against either of the Borrowers or any other Loan Documents;Collateral under this Agreement. (iii) Lender's failure to perfect (by recording or otherwise), protect, secure or insure any security interest or lien in any Collateral given as security for the Liabilities or any other collateral now or hereafter securing all indebtedness of or any kind arising under, and all amounts of any kind which at any time become due or owing to the Lender under or with respect to, all part of the covenants, Liabilities shall not release Borrower or Co-Borrower from its liabilities and obligations and agreements in, under or pursuant to the Loan this Agreement, the Note, this Mortgage, and the other Loan Documents;. (iv) any and all advances, costs Except as otherwise expressly provided herein or expenses paid or incurred by the Lender (a) to protect any or all of the Collateral (hereinafter defined) and other collateral under in the Loan Documents, (b) to perform presentment, protest, demand, and notice of protest and demand, and notice of SECURED TERM LOAN AGREEMENT 3 9 receipt of any obligation and all Collateral, and of the exercise of possessory remedies or foreclosure on any and all Collateral received by Lender from Borrower hereunder and any obligation of the or Co-Borrower under the Loan Agreement, the Note or any other Loan Documents or collect any amount owing to the Lender, which is secured are hereby or under the Loan Documents; (v) interest on all of the foregoing including, where applicable, interest at the Default Interest Rate (as defined in the Note) as applicable to the Note Rate (as defined in the Note); and (vi) all costs of enforcement and collection (including, without limitation, attorneys’ fees and court costs) of this Mortgage, the Loan Documents and any of the foregoingwaived.

The Liabilities. As used in this Mortgage, the term “Liabilities” means and includes all of the following: (i) all performance : the principal of and payment obligations to the Lender arising under or in connection with the Loan Agreement, interest on the Note, this Mortgage the Bond and any and all other amounts which may at any time be or any of the other Loan Documents, other than the obligations under each of the Limited Repayment Guaranty, Guaranty of Non-Recourse Carveouts, and Unsecured Environmental Indemnity Agreement, which obligations are and shall remain, for as long as Lender deems necessary, unsecured obligations; (ii) all payment, reimbursement, indemnification and other obligations to the Lender, in each case howsoever created, arising or evidenced, whether direct or indirect, joint or several, absolute or contingent, or now or hereafter existing, or become due or to become due, arising out of or in connection with the Loan Agreementowing under this Mortgage, the Note, this Mortgage or any of Indenture and the other Loan Documents; (iii) Financing Agreement; all indebtedness of any kind arising under, and all amounts of any kind which may at any time be or become due or owing to the Lender Mortgagee under or with respect to, to any of the Loan Documents; all of the covenants, obligations and agreements (and the truth of all representations and warranties) of the Mortgagor in, under or pursuant to the Loan Agreement, the Note, this Mortgage, and the other Loan Documents; (iv) ; any and all advances, costs or expenses paid or incurred by the Lender (a) Mortgagee to protect any or all of the Collateral (hereinafter defined) and other collateral under the Loan Documents), (b) to perform performance of any obligation of the Borrower Mortgagor hereunder and any obligation or collection of the Borrower under the Loan Agreement, the Note or any other Loan Documents or collect any amount owing to the Lender, Mortgagee which is secured hereby hereby; any and all other liabilities, obligations and indebtedness, howsoever created, arising or under evidenced, direct or indirect, absolute or contingent, recourse or “nonrecourse,” now or hereafter existing or due or to become due, owing by the Loan Documents; (v) Mortgagor to the Mortgagee; interest on all of the foregoing including, where applicable, interest at the Default Interest Rate (as defined in the Note) as applicable to the Note Rate (as defined in the Note)foregoing; and (vi) all costs of enforcement and collection (including, without limitation, attorneys’ fees and court costsexpenses) incurred by the Mortgagee or the Trustee in the enforcement and collection of this Mortgage, the amounts due under the Loan Documents Documents, and any the other documents, instruments, obligations and liabilities described hereinabove; and all renewals, extensions, amendments, and substitutions of the foregoingabove whether or not Mortgagor executes any renewal or extension agreement.