Common use of Use and Occupation of Property Clause in Contracts

Use and Occupation of Property. In connection with the exercise of Agent's rights under Subparagraph (a)(vi) of this Paragraph 18, Collateral Agent may enter upon, occupy, and use all or any part of the Property and may exclude Mortgagor from the Land and the Improvements or portion thereof as may have been so entered upon, occupied, or used. Collateral Agent shall not be required to remove any Personal Property from the Land and the Improvements upon Agent's taking possession thereof, and may render any Personal Property unusable to Mortgagor. In the event Collateral Agent manages the Land and the Improvements in accordance with Subparagraph (a)(vi) herein, Mortgagor shall pay to Collateral Agent on demand a reasonable fee for the management thereof in addition to the Obligations. Further, Collateral Agent may construct such Improvements on the Land or make such alterations, renovations, repairs, and replacements to the Improvements, as Collateral Agent, in its sole discretion, deems proper or appropriate. The obligation of Mortgagor to pay such amounts and all expenses incurred by Collateral Agent in the exercise of its rights hereunder shall be included in the Obligations and shall accrue interest at the default rate of interest stated in the Credit Agreement, unless collection from Mortgagor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Mortgagor under applicable law.

Use and Occupation of Property. In connection with the exercise of Collateral Agent's rights under Subparagraph (a)(vi) of this Paragraph 1819, Collateral Agent may enter upon, occupy, and use all or any part of the Property and may exclude Mortgagor Grantor from the Land and the Improvements or portion thereof as may have been so entered upon, occupied, or used. Collateral Agent shall not be required to remove any Personal Property from the Land and the Improvements upon Collateral Agent's taking possession thereof, and may render any Personal Property unusable to MortgagorGrantor. In the event Collateral Agent manages the Land and the Improvements in accordance with Subparagraph (a)(vi) herein, Mortgagor Grantor shall pay to Collateral Agent on demand a reasonable fee for the management thereof in addition to the Obligations. Further, Collateral Agent may construct such Improvements on the Land or make such alterations, renovations, repairs, and replacements to the Improvements, as Collateral Agent, in its sole discretion, deems proper or appropriate. The obligation of Mortgagor Grantor to pay such amounts and all expenses incurred by Collateral Agent in the exercise of its rights hereunder shall be included in the Obligations and shall accrue interest at the default rate of interest stated in the Credit Agreement, unless collection from Mortgagor Grantor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Mortgagor Grantor under applicable law.

Use and Occupation of Property. In connection with the exercise of Agent's Trustee’s rights under Subparagraph (a)(vi) of this Paragraph 1816, Collateral Agent to the extent permitted by law, Trustee may enter upon, occupy, and use all or any part of the Property and may exclude Mortgagor from the Land and the Improvements or portion thereof as may have been so entered upon, occupied, or used. Collateral Agent Trustee shall not be required to remove any Personal Property from the Land and the Improvements upon Agent's Trustee’s taking possession thereof, and may render any Personal Property unusable to Mortgagor. In the event Collateral Agent Trustee manages the Land and the Improvements in accordance with Subparagraph (a)(vi) herein, Mortgagor shall pay to Collateral Agent Trustee on demand a reasonable fee for the management thereof in addition to the Obligations. Further, Collateral Agent Trustee may construct such Improvements on the Land or make such alterations, renovations, repairs, and replacements to the Improvements, as Collateral AgentTrustee, in its sole discretion, deems proper or appropriate. The obligation of Mortgagor to pay such amounts and all expenses incurred by Collateral Agent Trustee in the exercise of its rights hereunder shall be included in the Obligations and shall accrue interest at the default rate of interest stated in the Credit AgreementIndenture, unless collection from Mortgagor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Mortgagor under applicable law.

Use and Occupation of Property. In connection with the exercise of Collateral Agent's rights under Subparagraph (a)(vi) of this Paragraph 18, Collateral Agent may enter upon, occupy, and use all or any part of the Property and may exclude Mortgagor Grantor from the Land and the Improvements or portion thereof as may have been so entered upon, occupied, or used. Collateral Agent shall not be required to remove any Personal Property from the Land and the Improvements upon Collateral Agent's taking possession thereof, and may render any Personal Property unusable to MortgagorGrantor. In the event Collateral Agent manages the Land and the Improvements in accordance with Subparagraph (a)(vi) herein, Mortgagor Grantor shall pay to Collateral Agent on demand a reasonable fee for the management thereof in addition to the Obligations. Further, Collateral Agent may construct such Improvements on the Land or make such alterations, renovations, repairs, and replacements to the Improvements, as Collateral Agent, in its sole discretion, deems proper or appropriate. The obligation of Mortgagor Grantor to pay such amounts and all expenses incurred by Collateral Agent in the exercise of its rights hereunder shall be included in the Obligations and shall accrue interest at the default rate of interest stated in the Credit Agreement, unless collection from Mortgagor Grantor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Mortgagor Grantor under applicable law.