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201305319
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Last modified
8/19/2014 2:23:28 PM
Creation date
7/2/2013 4:44:32 PM
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DEEDS
Inst Number
201305319
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revolving credit loans and advances from time to time, and that this Mortgage shall have effect, <br />as of the date hereof, to secure all secured indebtedness, regardless of whether any amounts are <br />advanced on the date hereof or on a later date or, whether having been advanced, are later repaid <br />in part or in whole and further advances made at a later date. <br />Section 1.5. Certain Defined Terms. <br />14 <br />201305319 <br />(a) Except as otherwise expressly provided in this Mortgage, all terms in this <br />Mortgage relating to the Collateral and the grant of the foregoing security interest which are <br />defined in the applicable Uniform Commercial Code (the "UCC ") shall have the meanings <br />assigned to them in Article 9 (or, absent definition in Article 9, in any other Article) of the UCC, <br />as those meanings may be amended, revised or replaced from time to time. Notwithstanding the <br />foregoing, the parties intend that the terms used herein which are defined in the UCC have, at all <br />times, the broadest and most inclusive meanings possible. Accordingly, if the UCC shall in the <br />future be amended or held by a court to define any term used herein more broadly or inclusively <br />than the UCC in effect on the date of this Mortgage, then such term, as used herein, shall be <br />given such broadened meaning. If the UCC shall in the future be amended or held by a court to <br />define any term used herein more narrowly, or less inclusively, than the UCC in effect on the <br />date of this Mortgage, such amendment or holding shall, where legally permitted, be disregarded <br />in defining terms used in this Mortgage. <br />(b) Unless otherwise defined herein, each term defined in the Credit Agreement and <br />used herein has the meaning given to it in the Credit Agreement. <br />(c) As used in this Mortgage, the following terms have the meanings specified below: <br />"Requirement of Law ": as to any Person, any law, treaty, rule or regulation or <br />determination of an arbitrator or a court or other Governmental Authority, in each case <br />applicable to or binding upon such Person or any of its property or to which such Person <br />or any of its property is subject. <br />"Secured Parties ": the collective reference to Administrative Agent, the <br />Arranger, the Issuing Lender, the Lenders and any Affiliate of any Lender to which <br />Secured Obligations, secured indebtedness or the indebtedness secured hereby are owed. <br />"Specified Cash Management Agreement ": any agreement providing for treasury, <br />depositary, purchasing card or cash management services, including in connection with any <br />automated clearing house transfers of funds or any similar transactions between any Group <br />Member and any Lender or Affiliate thereof (other than any Affiliate Lender or an Affiliate <br />thereof), regardless of when such agreement was entered into. <br />"Specified Swap Agreement ": any Swap Agreement in respect of interest rates, <br />currency exchange rates or commodity prices entered into by the Borrower or any Subsidiary <br />Guarantor and any Person that is a Lender or an Affiliate of a Lender (other than any Affiliate <br />Lender or an Affiliate thereof), regardless of when such Swap Agreement was entered into. <br />"Swap Agreement ": any agreement with respect to any swap, forward, future or <br />derivative transaction or option or similar agreement involving, or settled by reference to, <br />
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