Common use of Total Taking and Total Destruction Clause in Contracts

Total Taking and Total Destruction. In the event of a Total Destruction or a Total Taking, the Mortgagee shall apply all amounts recovered under any insurance policy referred to in SECTION 2.1.1 and all awards received by it on account of any such Taking as follows: (a) first, to the payment of the reasonable costs and expenses incurred by the Mortgagee in obtaining any such insurance proceeds or awards, including the fees and expenses of attorneys and insurance and other experts and consultants, the costs of litigation, arbitration, mediation, investigations and other judicial, administrative or other proceedings and all other out-of-pocket expenses; (b) second, to the payment of the principal of the Credit Extensions and any interest (including Post-Petition Interest to the extent such interest is a Secured Obligation) accrued and unpaid thereon, without regard to whether any portion or all of such amounts shall be matured or unmatured, together with interest at the rate provided for in the Credit Agreement on any overdue principal and (to the extent permitted by applicable law) interest; and, in case such amount shall be insufficient to pay in full all such amounts, then such amount shall be applied, FIRST, to the payment of all amounts of interest (including Post-Petition Interest to the extent such interest is a Secured Obligation) accrued on the Credit Extensions and unpaid, and SECOND, to the payment of all amounts of principal at the time outstanding; (c) third, to the payment of, or the application to, any Secured Obligation (other than as provided in CLAUSE (B) above); (d) fourth, to fulfill any of the other covenants contained herein as the Mortgagee may determine; and (e) fifth, the balance, if any, to the Mortgagor.

Total Taking and Total Destruction. In the event of a Total Destruction or a Total Taking, the Mortgagee Beneficiary shall apply all amounts recovered under any insurance policy referred to in SECTION 2.1.1 and all awards received by it on account of any such Taking as follows: (a) first, to the payment of the reasonable costs and expenses incurred by the Mortgagee Beneficiary in obtaining any such insurance proceeds or awards, including the fees and expenses of attorneys and insurance and other experts and consultants, the costs of litigation, arbitration, mediation, investigations and other judicial, administrative or other proceedings and all other out-of-pocket expenses; (b) second, to the payment of the principal of the Credit Extensions and any interest (including Post-Petition Interest to the extent such interest is a Secured Obligation) accrued and unpaid thereon, without regard to whether any portion or all of such amounts shall be matured or unmatured, together with interest at the rate provided for in the Credit Agreement on any overdue principal and (to the extent permitted by applicable law) interest; and, in case such amount shall be insufficient to pay in full all such amounts, then such amount shall be applied, FIRST, to the payment of all amounts of interest (including Post-Petition Interest to the extent such interest is a Secured Obligation) accrued on the Credit Extensions and unpaid, and SECOND, to the payment of all amounts of principal at the time outstanding; (c) third, to the payment of, or the application to, any Secured Obligation (other than as provided in CLAUSE (B) above); (d) fourth, to fulfill any of the other covenants contained herein as the Mortgagee Beneficiary may determine; and (e) fifth, the balance, if any, to the MortgagorTrustor.

Total Taking and Total Destruction. In the event of a Total ---------------------------------- Destruction or a Total Taking, the Mortgagee shall apply all amounts recovered under any insurance policy referred to in SECTION Section 2.1.1 and all awards received by it on account of any ------------- such Taking as follows: (a) first, to the payment of the reasonable costs and expenses incurred by the Mortgagee in obtaining any such insurance proceeds or awards, including the fees and expenses of attorneys and insurance and other experts and consultants, the costs of litigation, arbitration, mediation, investigations and other judicial, administrative or other proceedings and all other out-of-pocket expenses; (b) second, to the payment of the principal of the Credit Extensions and any interest (including Post-Petition Interest to the extent such interest is a Secured Obligation) accrued and unpaid thereon, without regard to whether any portion or all of such amounts shall be matured or unmatured, together with interest at the rate provided for in the Credit Agreement on any overdue principal and (to the extent permitted by applicable law) interest; and, in case such amount shall be insufficient to pay in full all such amounts, then such amount shall be applied, FIRSTfirst, to ----- the payment of all amounts of interest (including Post-Petition Interest to the extent such interest is a Secured Obligation) accrued on the Credit Extensions and unpaid, and SECONDsecond, to the payment of all amounts of ------ principal at the time outstanding; (c) third, to the payment of, or the application to, any Secured Obligation (other than as provided in CLAUSE clause (Bb) above);; ---------- (d) fourth, to fulfill any of the other covenants contained herein as the Mortgagee may determine; and (e) fifth, the balance, if any, to the Mortgagor.

Total Taking and Total Destruction. In the event of a Total ---------------------------------- Destruction or a Total Taking, the Mortgagee shall apply all amounts recovered under any insurance policy referred to in SECTION Section 2.1.1 and all awards received ------------- by it on account of any such Taking as follows: (a) first, to the payment of the reasonable costs and expenses incurred by the Mortgagee in obtaining any such insurance proceeds or awards, including the fees and expenses of attorneys and insurance and other experts and consultants, the costs of litigation, arbitration, mediation, investigations and other judicial, administrative or other proceedings and all other out-of-pocket expenses; (b) second, Ratably, to the payment of any Obligation secured by this Mortgage other than indebtedness with respect to the Secured Obligations; (c) third, Ratably, to the payment of the principal of the Credit Extensions Secured Obligations and any interest (including Post-Petition Interest to the extent such interest is a Secured an Obligation) accrued and unpaid thereon, without regard to whether any portion or all of such amounts shall be matured or unmatured, together with interest at the rate provided for in the Credit Agreement Default Rate on any overdue principal and (to the extent permitted by applicable law) interest; and, in case such amount shall be insufficient to pay in full all such amounts, then such amount shall be applied, FIRSTfirst, to the payment of all amounts of ----- interest (including Post-Petition Interest to the extent such interest is a Secured an Obligation) accrued on the Credit Extensions Secured Obligations and unpaid, and SECONDsecond, ------ to the payment of all amounts of principal at the time outstanding; (c) third, to the payment of, or the application to, any Secured Obligation (other than as provided in CLAUSE (B) above); (d) fourth, to fulfill any of the other covenants contained herein as the Mortgagee may determine; and (e) fifth, the balance, if any, to the Mortgagor.

Total Taking and Total Destruction. In the event of a Total ---------------------------------- Destruction or a Total Taking, the Mortgagee Beneficiary shall apply all amounts recovered under any insurance policy referred to in SECTION Section 2.1.1 and all awards received ------------- by it on account of any such Taking as follows: (a) first, to the payment of the reasonable costs and expenses incurred by the Mortgagee Beneficiary in obtaining any such insurance proceeds or awards, including the fees and expenses of attorneys and insurance and other experts and consultants, the costs of litigation, arbitration, mediation, investigations and other judicial, administrative or other proceedings and all other out-of-pocket expenses; (b) second, Ratably, to the payment of any Obligation secured by this Deed of Trust other than indebtedness with respect to the Secured Obligations; (c) third, Ratably, to the payment of the principal of the Credit Extensions Secured Obligations and any interest (including Post-Petition Interest to the extent such interest is a Secured an Obligation) accrued and unpaid thereon, without regard to whether any portion or all of such amounts shall be matured or unmatured, together with interest at the rate provided for in the Credit Agreement Default Rate on any overdue principal and (to the extent permitted by applicable law) interest; and, in case such amount shall be insufficient to pay in full all such amounts, then such amount shall be applied, FIRSTfirst, to the payment of all amounts of ----- interest (including Post-Petition Interest to the extent such interest is a Secured an Obligation) accrued on the Credit Extensions Secured Obligations and unpaid, and SECONDsecond, ------ to the payment of all amounts of principal at the time outstanding; (c) third, to the payment of, or the application to, any Secured Obligation (other than as provided in CLAUSE (B) above); (d) fourth, to fulfill any of the other covenants contained herein as the Mortgagee Beneficiary may determine; and (e) fifth, the balance, if any, to the MortgagorGrantor.

Total Taking and Total Destruction. In the event of a Total Destruction or a Total Taking, the Mortgagee shall apply all amounts recovered under any insurance policy referred to in SECTION Section 2.1.1 and all awards received by it on account of any such Taking as follows: (a) first, to the payment of the reasonable costs and expenses incurred by the Mortgagee in obtaining any such insurance proceeds or awards, including the fees and expenses of attorneys and insurance and other experts and consultants, the costs of litigation, arbitration, mediation, investigations and other judicial, administrative or other proceedings and all other out-of-pocket expenses; (b) second, to the payment of the principal of the Credit Extensions Fixed Assets Loans and any interest (including Post-Petition Interest to the extent such interest is a Secured Obligation) accrued and unpaid thereon, without regard to whether any portion or all of such amounts shall be matured or unmatured, together with interest at the rate provided for in the Credit Agreement on any overdue principal and (to the extent permitted by applicable law) interest; and, in case such amount shall be insufficient to pay in full all such amounts, then such amount shall be applied, FIRSTfirst, to the payment of all amounts of interest (including Post-Petition Interest to the extent such interest is a Secured Obligation) accrued on the Credit Extensions Fixed Assets Loans and unpaid, and SECONDsecond, to the payment of all amounts of principal at the time outstanding; (c) third, to the payment of, or the application to, any Secured Obligation (other than as provided in CLAUSE clause (Bb) above); (d) fourth, to fulfill any of the other covenants contained herein as the Mortgagee may determine; and (e) fifth, the balance, if any, to the Mortgagor.

Total Taking and Total Destruction. In the event of a Total Destruction or a Total Taking, the Mortgagee Beneficiary shall apply all amounts recovered under any insurance policy referred to in SECTION Section 2.1.1 and all awards received by it on account of any such Taking as follows: (a) first, to the payment of the reasonable costs and expenses incurred by the Mortgagee Beneficiary in obtaining any such insurance proceeds or awards, including the fees and expenses of attorneys and insurance and other experts and consultants, the costs of litigation, arbitration, mediation, investigations and other judicial, administrative or other proceedings and all other out-of-pocket expenses; (b) second, to the payment of the principal of the Credit Extensions Senior Secured Notes and any interest (including Post-Petition Interest to the extent such interest is a Secured an Obligation) accrued and unpaid thereon, without regard to whether any portion or all of such amounts shall be matured or unmatured, together with interest at the rate provided for in the Credit Agreement on any overdue principal and (to the extent permitted by applicable law) interest; and, in case such amount shall be insufficient to pay in full all such amounts, then such amount shall be applied, FIRSTfirst, to the payment of all amounts of interest (including Post-Petition Interest to the extent such interest is a Secured an Obligation) accrued on the Credit Extensions Senior Secured Notes and unpaid, and SECONDsecond, to the payment of all amounts of principal at the time outstanding; (c) third, to the payment of, or the application to, any Secured Obligation (other than as provided in CLAUSE clause (Bb) above); (d) fourth, to fulfill any of the other covenants contained herein as the Mortgagee Beneficiary may determine; and (e) fifth, the balance, if any, to the MortgagorTrustor.

Total Taking and Total Destruction. In the event of a Total Destruction or a Total Taking, the Mortgagee shall apply all amounts recovered under any insurance policy referred to in SECTION 2.1.1 and all awards received by it on account of any such Taking as follows: (a) first, to the payment of the reasonable costs and expenses incurred by the Mortgagee in obtaining any such insurance proceeds or awards, including the fees and expenses of attorneys and insurance and other experts and consultants, the costs of litigation, arbitration, mediation, investigations and other judicial, administrative or other proceedings and all other out-of-pocket expenses; (b) second, to the payment of the principal of the Credit Extensions and any interest (including Post-Petition Interest to the extent such interest is a Secured Obligation) accrued and unpaid thereon, without regard to whether any portion or all of such amounts shall be matured or unmatured, together with interest at the rate provided for in the Credit Agreement on any overdue principal and (to the extent permitted by applicable law) interest; and, in case such amount shall be insufficient to pay in full all such amounts, then such amount shall be applied, FIRST, to the payment of all amounts of interest (including Post-Petition Interest to the extent such interest is a Secured Obligation) accrued on the Credit Extensions and unpaid, and SECOND, to the payment of all amounts of principal at the time outstanding; (c) third, to the payment of, or the application to, any Secured Obligation (other than as provided in CLAUSE (B) above); (d) fourth, to fulfill any of the other covenants contained herein as the Mortgagee may determine; and (e) fifth, the balance, if any, to the Mortgagor.