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201007999
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Last modified
1/11/2011 2:17:00 PM
Creation date
10/29/2010 8:53:42 AM
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DEEDS
Inst Number
201007999
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2�10079�9 <br />other contingent obligations under the Loan Documents that expressly survive the termination of <br />the Loan Docum�nts and (B) obligations and liabitities under Specified Cash Management <br />Agreements and Specified Swap Agreements either (x) as to which arrangements satisfactory to <br />the applicable Secured Party shall have been made or (y) notice has not been received by the <br />Administrative Agent from the applicable Secured Party that such amounts are then due arid <br />payable) and the expiration or tern�ination of all Letters of Credit (other than Letters of Credit as <br />to which ath�r arrangements satisfactory to the Admir�istrative Agent and the applicable Issuing <br />Lender shall have been made), and if the Commitments under the Credit Agreement have been <br />terminated, then the Mortgagor may request that this Mortgage be terminated and the <br />Administrative Agent shall pramptly terminate this Mortgage. Upon such tern�ination the <br />Mortgagor may further request that a written act of release of this Mortgage or other applicable <br />instrument be pravided in. accordance with any applicable Requirement of Law (except this <br />Mortgage shall be reinstated to the extent expressly provided here�in, and will cantinue with <br />respect ta indemnification and other rights which are to cantinue following the release hereo�. <br />Administrative Agent agrees to deliver to Mortgagor, or such person or entity designated by <br />Mortgagor, such an act of release (subject to the foregoing limitation), all at the cost and expense <br />of th� Mortgagor, within ten (10} business days (or such lesser number of days as may be <br />mandated by any applicable Requirement of Law or permitted by the Administrative Agent) of <br />receiving such request ur�less Administrative Agent in good faith, has cause to believe that <br />Mortgagor is not entitled to a temmination of this Mortgage. Notwithstanding the foregoing, it is <br />understood and agreed that certain indernnifications, and other rights, which axe provided herein <br />to continue following the release hereof, shall continue in effect notwithstanding such release; <br />and provided that if any payment to any Secured Party or Administrative Agent, is held to <br />constitute a preference or a voidable transf�r under any applicable state or federal Requirement <br />of Law or if for arty other reason any Secured �arty or Administrative Agent, is required to <br />refund such payment to the payor thereof or to pay the amount thereof to any third party, this <br />Mortgage shall be reinstated to the extent of such payment or payments. If any �raperty ar <br />Collateral is Disposed of as part of or in connection with any Disposition. permitted under the <br />Credit Ag�reement, the Administrative Ag�nt shall execute and deliver to the Mortgagor, at <br />Mortgagor's sole cost and expense, such partial releases of this Mortgage with respect to such <br />Paroperty or Collateral as reasonably requested by the Mortgagor. Except as may be required by <br />any applicable Requirement of Law, Administrative Agent shall have full power and autharity to <br />execute, acknowledge and deliver any release or reconveyance of this Mortgage without the <br />joinder therein or execution thereof by Trustee or any other Secured Parties, and any such release <br />of reconveyance shall be binding upon Administrative Agent, Trustee, and the ather Secured <br />Parties. All releases and reconveyances executed in connection with this Mortgage shall be <br />without warranty of any kind, express, implied or statutory. Mortgagor shall pay all reasonable <br />legal fees and other fees, costs and expenses incurred by Administrative Agent and Trustee for <br />preparing and reviewin� instruments of termination and release or reconveyance and the <br />execution and delivery thereof and Mortgagor may requirre payment of the same prior to delivery <br />of such instruments. The release and reconveyance of this Mortgage and the termination of the <br />liens and security interests created by this Mortgage, in whole or in part, shall not terminate or <br />otherwise affect Administrative Agent's right or ability to exercise any right, power or remedy <br />relating to any claim for br�ach af waxranty or representation, for failure to perform any <br />covenant or other agreement, under any indemnity or for fraud, deceit or other misrepresentatian <br />or omission occurring prior to the Release Date. <br />SO <br />
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