Waiver of Extension, Appraisement, Stay, Laws. Neither the Issuer, NHLP or National will at any time insist upon, or plead, or in any manner whatever claim or take any benefit or advantage of, any stay or extension law wherever enacted, now or at any time hereafter in force, which may affect the covenants and terms of performance of this Indenture; nor claim, take or insist upon any benefit or advantage of any law now or hereafter in force providing for the valuation or appraisement of the Trust Estate, or any part thereof, prior to any sale or sales thereof which may be made pursuant to any provision herein contained, or pursuant to the decree, judgment or order of any court of competent jurisdiction; nor after any such sale or sales, claim or exercise any right under any statute heretofore or hereafter enacted by the United States of America or by any state or territory, or otherwise, to redeem the Property so sold or any part thereof; and the Issuer hereby expressly waives all benefits or advantage of any such law or laws, and covenants not to hinder, delay or impede the execution of any power herein granted or delegated to the Indenture Trustee, but to suffer and permit the execution of every power as though no such law or laws had been made or enacted.
Appears in 2 contracts
Samples: Indenture of Trust and Security Agreement (National Health Realty Inc), Indenture of Trust and Security Agreement (National Healthcare Corp)
Waiver of Extension, Appraisement, Stay, Laws. Neither the Issuer, NHLP or National The Constituent Companies will not at any time insist upon, or plead, or in any manner whatever claim or take any benefit or advantage of, any stay or extension law wherever enacted, now or at any time hereafter in force, which may affect the covenants and terms of performance of this Indenture; nor claim, take or insist upon any benefit or advantage of any law now or hereafter in force providing for the valuation or appraisement of the Trust EstateMortgaged Property, or any part thereof, prior to any sale or sales thereof which may be made pursuant to any provision herein contained, or pursuant to the decree, judgment or order of any court of competent jurisdiction; nor after any such sale or sales, claim or exercise any right under any statute heretofore or hereafter enacted by the United States of America or by any state or territory, or otherwise, to redeem the Property so sold or any part thereof; and the Issuer each Constituent Company hereby expressly waives all benefits or advantage of any such law or laws, and covenants not to hinder, delay or impede the execution of any power herein granted or delegated to the Indenture Trustee, but to suffer and permit the execution of every power as though no such law or laws had been made or enacted.
Appears in 1 contract
Samples: Trust Indenture (Chi Energy Inc)
Waiver of Extension, Appraisement, Stay, Laws. Neither the Issuer, NHLP or National The Company will not at any time insist upon, or plead, or in any manner whatever claim or take any benefit or advantage of, any stay or extension law wherever enacted, now or at any time hereafter in force, which may affect the covenants and terms of performance of this IndentureIndenture or any of the Mortgages; nor claim, take or insist upon any benefit or advantage of any law now or hereafter in force providing for the valuation or appraisement of the Trust EstateMortgaged Properties, or any part thereof, prior to any sale or sales thereof which may be made pursuant to any provision herein contained, or pursuant to the decree, judgment or order of any court of competent jurisdiction; nor after any such sale or sales, claim or exercise any right under any statute heretofore or hereafter enacted by the United States of America or by any state or territory, or otherwise, to redeem any of the Property Mortgaged Properties so sold or any part thereof; , and the Issuer Company hereby expressly waives all benefits or advantage of any such law or laws, and covenants not to hinder, delay or impede the execution of any power herein granted or delegated to the Indenture TrusteeTrustees, but to suffer and permit the execution of every power as though no such law or laws had been made or enacted.
Appears in 1 contract
Samples: Kmart Corp
Waiver of Extension, Appraisement, Stay, Laws. Neither the Issuer, NHLP or National The Lessor will not at any time insist upon, or plead, or in any manner whatever claim or take any benefit or advantage of, any stay stay, valuation or extension law wherever enacted, now or at any time hereafter in force, which may affect the covenants and terms of performance of this IndentureIndenture or any of the other Security Documents; nor claim, take or insist upon any benefit or advantage of any law now or hereafter in force providing for the valuation or appraisement of the Trust EstateProperties, or any part thereof, prior to any sale or sales thereof which may be made pursuant to any provision herein contained, or pursuant to the decree, judgment or order of any court of competent jurisdiction; nor after any such sale or sales, claim or exercise any right under any statute heretofore or hereafter enacted by the United States of America or by any state or territory, or otherwise, to redeem the Property Properties so sold or any part thereof; and the Issuer Lessor hereby expressly waives waives, to the extent permitted by law, all benefits or advantage of any such law or laws, and covenants not to hinder, delay or impede the execution of any power herein granted or delegated to the Indenture Trustee, but to suffer and permit the execution of every power as though no such law or laws had been made or enacted.
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (Sabre Holdings Corp)
Waiver of Extension, Appraisement, Stay, Laws. Neither To the Issuerextent permitted by law, NHLP or National the Borrowers will at not during the continuance of any time event of default hereunder insist upon, upon or plead, or in any manner whatever claim or take any benefit or advantage of, any stay or extension law wherever enacted, now or at any time hereafter in force, which may affect the covenants and terms of performance of this IndentureLoan Agreement; nor claim, take or insist upon any benefit or advantage of any law now or hereafter in force providing for the valuation or appraisement of any of the Trust Estate, or any part thereof, Borrowers’ Property prior to any sale or sales thereof which may be made pursuant to any provision herein contained, or pursuant to the decree, judgment or order of any court of competent jurisdiction; nor after any such sale or sales, claim or exercise any right under any statute heretofore or hereafter enacted by the United States of America or by any state or territory, or otherwise, to redeem the Property so sold or any part thereof; and to the Issuer extent permitted by law, the Borrowers hereby expressly waives waive all benefits or advantage of any such law or laws, laws and covenants covenant not to hinder, delay or impede the execution of any power herein granted or delegated to the Indenture TrusteeAuthority, but to suffer and permit the execution of every power as though no such law or laws had been made or enacted; and, to the extent permitted by law, the joint and several obligation of each Borrower hereunder shall not be diminished, reduced or adversely affected by the bankruptcy, insolvency or similar condition of any other Borrower.
Appears in 1 contract
Samples: Loan Agreement
Waiver of Extension, Appraisement, Stay, Laws. Neither the Issuer, NHLP or National The Obligors will not at any time insist upon, or plead, or in any manner whatever claim or take any benefit or advantage of, any stay or extension law wherever enacted, now or at any time hereafter in force, which may affect the covenants and terms of performance of this Indenture; nor claim, take or insist upon any benefit or advantage of any law now or hereafter in force providing for the valuation or appraisement of the Trust EstateMortgaged Property, or any part thereof, prior to any sale or sales thereof which may be made pursuant to any provision herein contained, or pursuant to the decree, judgment or order of any court of competent jurisdiction; nor after any such sale or sales, claim or exercise any right under any statute heretofore or hereafter enacted by the United States of America or by any state or territory, or otherwise, to redeem the Property so sold or any part thereof; and the Issuer Obligors hereby expressly waives waive all benefits or advantage of any such law or laws, and covenants covenant not to hinder, delay or impede the execution of any power herein granted or delegated to the Indenture TrusteeTrustees, but to suffer and permit the execution of every power as though no such law or laws had been made or enacted.
Appears in 1 contract