|
��1������
<br />legal and other fees, charges and expenses, and amounts advanced by and expenses incurred in
<br />order to preserve any collat�ral or security interest, whether due after acceleratian or otherwise;
<br />(c) all Obligations, obligations and liabilities of Borrower, any other Loan Farty or any Group
<br />Member to the Administrative Agent or any other Secured Party, whether now in existence or
<br />her�after arising, whether by acceleratian, termination or otherwise, which may arise under, aut
<br />of, or in connection with, any Specified Swap Agreement, any Specified Cash Management
<br />Agreement or any other document made; delivered or gi.ven in cannection herewith or therewith,
<br />including, without limitation, any amounts payable in respect af a liquidation of, an acceleration
<br />of obligations under, or an early tearmination o�, any Specified Swap Agreement, and any unpaid
<br />amounts owing in respect thereof; (d) any and all other present ar fiiture Obligatio:ns; and (e) any
<br />and all renewals, modifications, substitutions, rearrangements oar extensions of any of the
<br />foregoing, whether in whole or in part.
<br />Section X.4. Secured Indebtedness. The indebtedness referred to in Section 1.3, and all
<br />renewals, extensions and modifications thereof, and all substitutions therefor, in whole or in part,
<br />are herein sametimes referred to as the "secured indebtedness" or the "indebtedness secured
<br />hereby." It is contemplated and acknowledged that the secured indebtedness may include
<br />revalving credit loans and advances from time to time, and that this Mortgage shall have effect,
<br />as o�' the date hereof, to secure all secnred ind�btecl�ness, regardless of whether any amaunts are
<br />advanced on the date hereof or on a late�r date ar, whether having been advanced, axe later repaid
<br />in part or in whole and further advances made at a later date.
<br />SeCtion 1.5. Certain Defined Terms
<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 foregaing security interest which are
<br />defined in the applicable Uniform Commercial Code (the "UCC") shall have the meanings
<br />assigned ta them in Article 9(or, absent d�finition 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 braadest and most inclusive meanings possible. Accordingly, if the UCC shall in the
<br />future be amended nr held by a court to d�fine any term used herein more broadly or inclusively
<br />than the UCC in effect on the date af this Mortgage, then such ternn, 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, vr 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 de�ned in the Credit Agreement and
<br />used herein has the meaning given to it in the Credit Agreement.
<br />(c) As used in this Mart�age, the fallawing terms have the meanings specified below:
<br />"Requirement of Law": as to any Person, any law, treaty, rule or regulatian or
<br />determination of an arbitrator or a cou�rt or other Governmental Authority, in each case
<br />applicable to or binding upon such Person or any of its property or to which such Persan
<br />or any of its property is subject.
<br />13
<br />
|