Common use of The Mortgage Clause in Contracts

The Mortgage. In consideration of the premises and of other good and valuable consideration, the receipt and adequacy whereof is hereby acknowledged THE SHIPOWNER as REGISTERED AND BENEFICIAL OWNER DOES HEREBY MORTGAGE AND CHARGE to and in favor of the Mortgagee, as Collateral Trustee for the account of the holders of the Notes, all its interest, present and future, in the Vessel, BY WAY OF SECURITY for the repayment to the Mortgagee of any and all monies payable by the Shipowner under the Indenture and/or the Notes and/or the Guarantee and any all other monies including interest, premium (if any), commissions, expenses, taxes, indemnities and other charges due to the Mortgagee under the terms of the Indenture and/or the Notes and/or the Guarantee and/or hereof and under any eventual subsequent amendment of the terms of the Indenture and/or the Notes and/or the Guarantee and/or this Mortgage (including by way of indication the variation of the manner of computation or the time of payment of interest and the variation of the time of repayment of principal) or any claim of the Mortgagee against the Shipowner and/or the officers, representatives, employees and servants thereof out of tort and/or unjust enrichment and/or payment of monies not due relating to the Note Issue and/or the execution of the Indenture and/or the Guarantee and/or the Notes and/or this Mortgage, same constituting additional indebtedness secured by this Mortgage (all such monies being hereinafter collectively referred to as the “Indebtedness”) and the performance of and compliance with all the covenants, terms, conditions and obligations on the part of the Shipowner contained in this Mortgage and in the Indenture and the Guarantee.

Appears in 4 contracts

Samples: Intercreditor Agreement (Navios Maritime Holdings Inc.), Supplemental Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.)

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The Mortgage. In consideration of the premises and of other good and valuable consideration, the receipt and adequacy whereof is hereby acknowledged THE SHIPOWNER as REGISTERED AND BENEFICIAL OWNER DOES HEREBY MORTGAGE AND CHARGE to and in favor of the Mortgagee, as Collateral Trustee for the account of the holders of the Notes, all its interest, present and future, in the Vessel, Vessel BY WAY OF SECURITY for the repayment to the Mortgagee of any and all monies payable by the Shipowner under the Indenture and/or the Notes and/or the Guarantee and any all other monies including interest, premium (if any), commissions, expenses, taxes, indemnities and other charges due to the Mortgagee under the terms of the Indenture and/or the Notes and/or the Guarantee and/or hereof and under any eventual subsequent amendment of the terms of the Indenture and/or the Notes and/or the Guarantee Guarantees and/or this Mortgage (including by way of indication the variation of the manner of computation or the time of payment of interest and the variation of the time of repayment of principal) or any claim of the Mortgagee against the Shipowner and/or the officers, representatives, employees and servants thereof out of tort and/or unjust enrichment and/or payment of monies not due relating to the Note Issue and/or the execution of the Indenture and/or the Guarantee Guarantees and/or the Notes and/or this Mortgage, same constituting additional indebtedness secured by this Mortgage (all such monies being hereinafter collectively referred to as the “Indebtedness”) and the performance of and compliance with all the covenants, terms, conditions and obligations on the part of the Shipowner contained in this Mortgage and in the Indenture and the GuaranteeGuarantees.

Appears in 2 contracts

Samples: Indenture (Navios Maritime Acquisition CORP), Indenture (Navios Maritime Holdings Inc.)

The Mortgage. In consideration of the premises and of other good and valuable consideration, the receipt and adequacy whereof is hereby acknowledged THE SHIPOWNER as REGISTERED AND BENEFICIAL OWNER DOES HEREBY MORTGAGE AND CHARGE to and in favor favour of the Mortgagee, as Collateral Trustee for the account of the holders of the Notes, all its interest, present and future, in the VesselVessel together with all her boilers, engines, machinery, outfit, spare parts, bunkers, lubricants and gear and all other constituent parts, and appurtenances thereto belonging, whether now owned or hereafter acquired, and all additions, improvements and replacements made in or to the Vessel BY WAY OF SECURITY for the repayment payment to the Mortgagee of any and all monies payable by the Shipowner under the Indenture and/or the Notes and/or the Guarantee Guarantees and any and all other monies monies, including interest, premium (if any), commissions, expenses, taxes, indemnities taxes and other charges due to the Mortgagee under the terms of the Indenture and/or the Notes and/or the Guarantee Guarantees and/or hereof the Mortgage and this collateral Deed of Covenants and under any eventual subsequent amendment of the terms of the Indenture and/or the Notes and/or the Guarantee Guarantees and/or the Mortgage and this Mortgage collateral Deed of Covenants (including by way of indication the variation of the manner of computation or the time of payment of interest and the variation of the time of repayment of principal) or any claim of the Mortgagee against the Shipowner and/or the officers, representatives, employees and servants thereof out of tort and/or unjust enrichment and/or payment of monies not due relating to the Note Issue and/or and the execution of the Indenture and/or the Guarantee Notes and/or the Notes Guarantees and/or the Mortgage and this Mortgage, collateral Deed of Covenants same constituting additional indebtedness secured in the currency of the time by the Mortgage and this Mortgage collateral Deed of Covenants (all such monies being hereinafter collectively referred to as the “Indebtedness”) and as well as for the performance and observance of all agreements, covenants and compliance with all the covenants, terms, conditions and obligations on the part of the Shipowner contained in this Mortgage herein and in the Indenture Guarantee and the GuaranteeIndenture contained.

Appears in 2 contracts

Samples: Indenture (Navios Maritime Acquisition CORP), Indenture (Navios Maritime Holdings Inc.)

The Mortgage. In consideration The Borrower grants to the Bondowner (i) WITH MORTGAGE COVENANTS the Mortgaged Property upon the terms hereof; (ii) all of its rights, title and interest in (A) all easements, bridges, rights of way, privileges, hereditaments, and appurtenances belonging to or inuring to the benefit of the premises Mortgaged Property; all right, title, and of other good and valuable consideration, the receipt and adequacy whereof is hereby acknowledged THE SHIPOWNER as REGISTERED AND BENEFICIAL OWNER DOES HEREBY MORTGAGE AND CHARGE to and in favor interest of the MortgageeBorrower in and to land lying within any street or roadway adjoining the Mortgaged Property; and all right, as Collateral Trustee for the account title, and interest of the holders of Borrower in and to any vacated or hereafter vacated street or road adjoining the Notes, all its interest, present and future, in the Vessel, BY WAY OF SECURITY for the repayment to the Mortgagee of Mortgaged Property; (B) any and all monies payable by awards or payments, including interest thereon, and the Shipowner under right to receive the Indenture and/or the Notes and/or the Guarantee and any all other monies including interestsame, premium (if any), commissions, expenses, taxes, indemnities and other charges due which may be made with respect to the Mortgagee under Mortgaged Property as a result of (1) the terms exercise of the Indenture and/or right of eminent domain, (2) the Notes and/or the Guarantee and/or hereof and under any eventual subsequent amendment alteration of the terms grade of any street, or (3) any other injury to or decrease in the value of the Indenture and/or the Notes and/or the Guarantee and/or this Mortgage (including by way of indication the variation of the manner of computation or the time of payment of interest and the variation of the time of repayment of principal) or any claim of the Mortgagee against the Shipowner and/or the officersMortgaged Property, representatives, employees and servants thereof out of tort and/or unjust enrichment and/or payment of monies not due relating to the Note Issue and/or the execution extent of the Indenture and/or the Guarantee and/or the Notes and/or this Mortgage, same constituting additional indebtedness all amounts which may be secured by this Mortgage Agreement (including the reasonable counsel fees, costs, and disbursements incurred by the Bondowner in connection with the collection of such award or payment) at the date of receipt by the Bondowner of any such award or payment; (C) as lessor, under any leases of any of the Mortgaged Property, all such monies being hereinafter collectively referred of the rents and other payments required of lessees, tenants, occupants, licensees, concessionaires, or other persons or parties, whether or not designated as rent or additional rent (including, without limitation, security deposits, tax or operating expense escalation payments, percentage rent, or any other payments from any license, use, permit, or concession), and any other issues and profits arising from any rental units, space, or rentable facilities within, on or appurtenant to the Mortgaged Property or any portion thereof, and all of the Borrower’s contractual rights now existing or hereafter arising between the Borrower and any tenant or occupant with respect to any of the Mortgaged Property; (iii) to the extent the Mortgaged Property is or may be treated as personal property under the “Indebtedness”UCC, a security interest therein; and (iv) with respect to all of the foregoing, the products and proceeds thereof, including without limitation, all insurance proceeds; all to secure the payment of all sums required to be paid by the Borrower under this Agreement and the other Bond Documents, and the satisfaction and performance of and compliance with all the other covenants, terms, conditions agreements and obligations on made or undertaken by the part Borrower hereunder or under the other Bond Documents for the benefit of the Shipowner contained in this Mortgage and in Bondowner, the Indenture Disbursing Agent and the GuaranteeAgency. This Agreement is upon the STATUTORY CONDITION and upon the further condition that all covenants, agreements and obligations of the Borrower hereunder will be observed and performed, and upon any Event of Default, as defined in Section 601, the Bondowner shall have, in addition to its other rights and remedies hereunder, the STATUTORY POWER OF SALE and any other rights granted by law.

Appears in 1 contract

Samples: Loan and Security Agreement (Techprecision Corp)

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The Mortgage. In consideration of the premises and of other good and valuable consideration, the receipt and adequacy whereof is hereby acknowledged THE SHIPOWNER as REGISTERED AND BENEFICIAL OWNER DOES HEREBY MORTGAGE AND CHARGE to and in favor of the Mortgagee, as Collateral Trustee for the account of the holders of Trustee and the NotesHolders, all its interest, present and future, in the Vessel, BY WAY OF SECURITY for the repayment to the Mortgagee of any and all monies payable by the Shipowner under the Indenture and/or the Notes and/or the Guarantee and any all other monies including interest, premium (if any), commissions, expenses (including reasonable attorneys’ fees and expenses), taxes, indemnities and other charges due to the Mortgagee and the Trustee under the terms of the Indenture and/or the Notes and/or the Guarantee and/or hereof and under any eventual subsequent amendment of the terms of the Indenture and/or the Notes and/or the Guarantee and/or this Mortgage (including by way of indication the variation of the manner of computation or the time of payment of interest and the variation of the time of repayment of principal) or any claim of the Mortgagee or the Trustee against the Shipowner and/or the officers, representatives, employees and servants thereof out of tort and/or unjust enrichment and/or payment of monies not due relating to the Note Issue and/or the execution of the Indenture and/or the Guarantee and/or the Notes and/or this Mortgage, same constituting additional indebtedness secured by this Mortgage (all such monies being hereinafter collectively referred to as the “Indebtedness”) and the performance of and compliance with all the covenants, terms, conditions and obligations on the part of the Shipowner contained in this Mortgage and in the Indenture Indenture, the Notes and the Guarantee.

Appears in 1 contract

Samples: Pledge Agreement (Navios South American Logistics Inc.)

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