The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 67 contracts
Samples: Credit Agreement (Ortho Clinical Diagnostics Holdings PLC), Second Lien Security Agreement, Second Lien Security Agreement (Syniverse Holdings Inc)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures Fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 10 contracts
Samples: Security Agreement, Security Agreement (Warner Music Group Corp.), Security Agreement (Warner Music Group Corp.)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 9 contracts
Samples: Credit Agreement (Icg Communications Inc /De/), Security Agreement (Icg Services Inc), Security Agreement (Icg Holdings Inc)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leasesfixtures, letting and licenses of, and contracts and agreements relating to the lease of, of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 6 contracts
Samples: Subordination Agreement (KLDiscovery Inc.), Subordination Agreement (KLDiscovery Inc.), Credit Agreement (PPD, Inc.)
The Mortgages. In the event that If any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 4 contracts
Samples: Credit Agreement (Alliant Techsystems Inc), Credit Agreement (Alliant Techsystems Inc), Credit Agreement (Alliant Techsystems Inc)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses licences of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 2 contracts
Samples: Canadian Security Agreement (Ply Gem Holdings Inc), Canadian Security Agreement (Ply Gem Holdings Inc)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling controlling, in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 2 contracts
Samples: Security Agreement (Itc Deltacom Inc), Security Agreement (Itc Deltacom Inc)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property or leases of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 2 contracts
Samples: Security Agreement (Louisiana Casino Cruises Inc), Security Agreement (Louisiana Casino Cruises Inc)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leasesfixtures, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 1 contract
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling (other than with respect to personal property constituting Collateral pursuant to Section 2 hereof) in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 1 contract
Samples: Term Loan Security Agreement (Better Choice Co Inc.)
The Mortgages. In the event that any of the Collateral ------------- hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 1 contract
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures real property and real estate leases, letting and licenses offixtures, and contracts and agreements relating to the lease of, of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 1 contract
Samples: Security Agreement (Gb Holdings Inc)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage mortgage, deed of trust or lease hold mortgage and the terms of such Mortgage mortgage, deed of trust or lease hold mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage mortgage, deed of trust or lease hold mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Lodgian Inc)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.. 31
Appears in 1 contract
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any First Lien Mortgage and the terms of such First Lien Mortgage are inconsistent with the terms of this Agreement, then then, with respect to such Collateral, the terms of such First Lien Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts contract and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 1 contract
Samples: First Lien Security Agreement (Talen Energy Supply, LLC)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then then, with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to to, the lease of, of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 1 contract
Samples: Security Agreement (International Rectifier Corp /De/)
The Mortgages. In the event that any of the Collateral ------------- hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then then, with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to to, the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 1 contract
Samples: Security Agreement (Iron Age Corp)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then then, with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to to, the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 1 contract
The Mortgages. In the event that any of the Collateral ------------- hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 1 contract
Samples: Security Agreement (Amf Bowling Inc)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling (other than with respect to Section 2 hereof) in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 1 contract
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to real property or leases of real property and vessels registered with the lease of, real propertyU.S. Coast Guard, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 1 contract
Samples: Pledge and Security Agreement (Peninsula Gaming, LLC)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.. 24
Appears in 1 contract
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Security Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Security Agreement shall be controlling in the case of all other Collateral.
Appears in 1 contract
Samples: Security Agreement (Dynegy Inc /Il/)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage mortgage and the terms of such Mortgage mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.
Appears in 1 contract
Samples: Pledge and Security Agreement (Marvel Enterprises Inc)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, of real property, and the terms of this Agreement shall be controlling in the case of all other Collateral.]
Appears in 1 contract
Samples: Credit Agreement (Modus Media International Holdings Inc)
The Mortgages. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of any Mortgage and the terms of such Mortgage are inconsistent with the terms of this Security Agreement, then with respect to such Collateral, the terms of such Mortgage shall be controlling in the case of fixtures and real estate leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Security Agreement shall be controlling in the case of all other Collateral.. Dynegy Security Agreement
Appears in 1 contract
Samples: Security Agreement
