|
2022020GO
<br />of Borrower pursuant to the Credit Agreement from time to time, but shall not be obligated to do so, and
<br />Mortgagor agrees that the payment of any such additional loans shall be secured by this Mortgage), (iii) all
<br />interest (including, without limitation, interest accruing at any post -default rate and interest accruing after
<br />the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like
<br />proceeding, whether or not a claim for post -filing or post-petition interest is allowed in such proceeding),
<br />fees, premiums, costs (including costs of collection), expenses, penalties, indemnities, reasonable legal and
<br />other fees, and all other reasonable amounts which may now or hereafter be owed to Administrative Agent,
<br />the Issuing Lenders, the Arrangers, or any other Secured Party under or in connection with the Credit
<br />Agreement or any of the other Loan Documents, whether or not evidenced by a promissory note or other
<br />instrument; (iv) all obligations and liabilities of any nature now or hereafter existing under or arising in
<br />connection with the Letters of Credit and Reimbursement Obligations, together with interest and other
<br />amounts payable with respect thereto; (v) all other Obligations, indebtedness, obligations and liabilities
<br />now or hereafter existing of any kind of any Loan Party or other Group Member to Administrative Agent
<br />or any other Secured Parties under documents which recite that they are intended to be secured by this
<br />Mortgage; (vi) any sums which may be advanced or paid by Trustee or Administrative Agent or any Secured
<br />Party under the terms hereof or of the Credit Agreement or other Loan Documents on account of the failure
<br />of Mortgagor or any other Loan Party to comply with the covenants of Mortgagor or other Loan Party
<br />contained herein or therein; and (vii) all other Obligations, obligations and liabilities of Mortgagor arising
<br />pursuant to the provisions of this Mortgage and the other Loan Documents, including penalties, indemnities,
<br />legal and other fees, charges and expenses, and amounts advanced by and expenses incurred in order to
<br />preserve any collateral or security interest, whether due after acceleration or otherwise; (b) all Obligations,
<br />obligations and liabilities of Borrower, any other Loan Party or any Group Member to Administrative Agent
<br />or any other Secured Party, whether now in existence or hereafter arising, whether by acceleration,
<br />termination or otherwise, which may arise under, out of, or in connection with, any Specified Swap
<br />Agreement, any Specified Cash Management Agreement or any other document made, delivered or given
<br />in connection herewith or therewith, including, without limitation, any amounts payable in respect of a
<br />liquidation of, an acceleration of obligations under, or an early termination of, any Specified Swap
<br />Agreement, and any unpaid amounts owing in respect thereof; (c) any and all other present or future
<br />Obligations; and (d) any and all renewals, modifications, substitutions, rearrangements or extensions of any
<br />of the foregoing, whether in whole or in part; provided that, notwithstanding anything to the contrary
<br />contained herein, this Mortgage shall not secure any Excluded Swap Obligation.
<br />Section 1.4. Secured Indebtedness. The indebtedness referred to in Section 1.3, and all renewals,
<br />extensions and modifications thereof, and all substitutions therefor, in whole or in part, are herein
<br />sometimes referred to as the "secured indebtedness" or the "indebtedness secured hereby." It is
<br />contemplated and acknowledged that the secured indebtedness may include revolving credit loans and
<br />advances from time to time, and that this Mortgage shall have effect, as of the date hereof, to secure all
<br />secured indebtedness, regardless of whether any amounts are advanced on the date hereof or on a later date
<br />or, whether having been advanced, are later repaid in part or in whole and further advances made at a later
<br />date.
<br />Section 1.5. Certain Defined Terms.
<br />(a) Except as otherwise expressly provided in this Mortgage, all terms in this Mortgage
<br />relating to the Collateral and the grant of the foregoing security interest which are defined in the applicable
<br />Uniform Commercial Code, as adopted and enacted by the state or states in which any Mortgaged Property
<br />is located (in each such case, as applicable, the "UCC") shall have the meanings assigned to them in Article
<br />9 (or, absent definition in Article 9, in any other Article) of the UCC, as those meanings may be amended,
<br />revised or replaced from time to time. Notwithstanding the foregoing, the parties intend that the terms used
<br />herein which are defined in the UCC have, at all times, the broadest and most inclusive meanings possible.
<br />Accordingly, if the UCC shall in the future be amended or held by a court to define any term used herein
<br />12
<br />144646513
<br />
|