Third Mortgages definition
Examples of Third Mortgages in a sentence
No statement of fact made by or on behalf of any Borrower Control Person in this Agreement or in any of the other Loan Documents, the Affiliate Guaranty (Portfolio Borrowers), the Third Mortgages or the Pledge and Security Agreement contains any untrue statement of material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading.
The Bank shall provide Landmark with copies of any environmental reports it has obtained or received with respect to the Real Estate, the Overland Park Property and the Fort Sxxxx Property within five (5) Business Days after the Agreement Date.
The rights, powers and remedies of Lender under this Agreement shall be cumulative and not exclusive of any other right, power or remedy which Lender may have against Borrowers and/or Guarantor pursuant to this Agreement or the other Loan Documents, the Affiliate Guaranty (Portfolio Borrowers), the Third Mortgages or the Pledge and Security Agreement executed by or with respect to Borrowers and/or Guarantor, or existing at law or in equity or otherwise.
No act of Administrative Agent and/or Lender shall be construed as an election to proceed under any particular provision of any Loan Document, the Affiliate Guaranty (Portfolio Borrowers) or the Third Mortgages to the exclusion of any other provision in the same or any other Loan Document, the Affiliate Guaranty (Portfolio Borrowers) or the Third Mortgages, or as an election of remedies to the exclusion of any other remedy that may then or thereafter be available to Administrative Agent and/or Lender.
The existence of any “Event of Default” under the Affiliate Guaranty (Portfolio Borrowers) or any of the Third Mortgages (as such term is defined therein).
Any representation, warranty or certification made by any Borrower Control Person herein, or in any of the other Loan Documents, the Term Sheet, the Affiliate Guaranty (Portfolio Borrowers), the Third Mortgages or any certificate delivered to Administrative Agent or Lender under or in connection with any of the Loan Documents, the Affiliate Guaranty (Portfolio Borrowers) or the Third Mortgages, is false, misleading or erroneous in any material respect at the time when made.
The standard form of Lease used by Borrowers shall provide that the Lease is subject and subordinate to the First Mortgages, the Second Mortgages, the Third Mortgages and all future mortgages affecting the applicable Individual Property.
Borrowers, Administrative Agent and Lender intend that the relationship created hereunder and under the other Loan Documents, the Affiliate Guaranty (Portfolio Borrowers), and the Third Mortgages be solely that of borrower and lender.
Administrative Agent shall have no implied duties to Lender, or any obligation to Lender to take any action, except any action specifically provided by the Loan Documents, the Affiliate Guaranty (Portfolio Borrowers), or the Third Mortgages to be taken by Administrative Agent.
Upon execution of this Agreement, GBC II shall deposit with Escrowee releases with respect to the Senior Mortgages, Junior Mortgages, Third Mortgages, Senior ALRs, Junior ALRs, Third ALRs and UCC financing statement amendments terminating the effectiveness of the UCC-1 financing statements pertaining to Project One, Project Two and Project Four.