200006290 - Laserfiche WebLink

Browse

200006290 above being hereinafter collectively referred to as the "indebtedness hereby secured"), Grantor does hereby grant, bargain, sell, convey, Indenture, warrant, assign, and pledge unto Beneficiary, its successors and assigns, and grant to Beneficiary, its successors and assigns, a security interest in all and singular the properties, rights, interests and privileges described in Granting Clauses I, II, III, IV, V and VI of the Indenture each and all of such Granting Clauses being hereby incorporated by reference herein with the same force and effect as though set forth herein in their entirety. The foregoing grant of lien is in addition to and supplemented of and not in substitution for the grant of lien created and provided for by this Indenture, and nothing herein contained shall affect or impair the lien or priority of the Indenture. 2. Grantor hereby represents and warrants to Beneficiary that as of the date hereof each of the representations and warranties set forth in the Indenture as supplemented hereby are true and correct and that no Event of Default (as such term is defined in the Indenture), or any other event which with the lapse of time or the giving of notice, or both, would constitute such an Event of Default, has occurred and is continuing or shall result after giving effect to this Supplement. Grantor hereby repeats and reaffirms all covenants and agreements contained in the Indenture, each and all of which shall be applicable to all of the indebtedness secured by the Indenture as supplemented hereby and to all the properties, rights, interest and privileges subject to the Indenture as supplemented hereby. The Grantor repeats and reaffirms its covenant that all the indebtedness secured by the Indenture as supplemented hereby will be promptly paid as and when the same becomes due and payable. 3. All capitalized terms used herein without definition shall have the same meanings herein as they have in the Indenture. The definitions provided herein of any capitalized terms shall apply to such capitalized terms as the same appear in the Indenture as supplemented hereby, all to the end that any capitalized terms defined herein and used in the Indenture as supplemented hereby shall have the same meanings in the Indenture as supplemented hereby as are given to such capitalized terms herein. Without limiting the foregoing, all references in the Indenture to the term "indebtedness hereby secured" shall be deemed references to all the indebtedness, obligations and liabilities secured by the Indenture as supplemented hereby, all references in the Indenture to the term "Notes" shall be deemed references to the New Notes, all references in the Indenture to the term "Credit Agreement" shall be deemed references to the New Credit Agreement. 4. All of the provisions, stipulations, powers and covenants contained in the Indenture shall stand and remain unchanged and in full force and effect except to the extent specifically supplemented hereby and shall be applicable to all of the indebtedness, obligations and liabilities secured by the Indenture as supplemented hereby. 5. Grantor acknowledges and agrees that the Indenture as supplemented hereby is and shall remain in full force and effect, and that the Mortgaged Premises are and shall remain subject to the lien and security interest granted and provided for by the Indenture for the benefit and security of all the indebtedness hereby secured. Without limiting the foregoing, Grantor hereby agrees that, notwithstanding the execution and delivery hereof, (i) all rights and remedies of Beneficiary under the Indenture, (ii) all obligations of Grantor thereunder and (iii) the lien and security interest granted and provided for thereby are and as supplemented hereby shall remain in M