Common use of Assignment of Rents Clause in Contracts

Assignment of Rents. Mortgagor hereby assigns to Mortgagee the Rents as further security for the payment and performance of all of the Obligations, and Mortgagor grants to Mortgagee the right to enter the Mortgaged Property for the purpose of collecting the same and to let the Mortgaged Property or any part thereof, and to apply the Rents on account of the Obligations. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are paid and performed in full, but Mortgagee hereby waives the right to enter the Mortgaged Property for the purpose of collecting the Rents, and Mortgagor shall be entitled to collect, receive, use and retain the Rents unless an Event of Default shall be in effect; such right of Mortgagor to collect, receive, use and retain the Rents may be revoked by Mortgagee if an Event of Default occurs by giving not less than five days’ written notice of such revocation to Mortgagor, in the event such notice is given, Mortgagor shall pay over to Mortgagee, or to any receiver appointed to collect the Rents, the Rents and any lease security deposits. Mortgagor shall not accept prepayments of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).

Appears in 2 contracts

Sources: Indenture (Horsehead Holding Corp), Revolving Credit and Security Agreement (Horsehead Holding Corp)

Assignment of Rents. Mortgagor hereby assigns to Mortgagee the Rents as further security for the payment of the Indebtedness and performance of all of the Obligations, and Mortgagor grants to Mortgagee the right to enter the Mortgaged Property for the purpose of collecting the same and to let the Mortgaged Property or any part thereof, and to apply the Rents on account of the ObligationsIndebtedness. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are Indebtedness is paid and performed in full, but Mortgagee hereby waives the right to enter the Mortgaged Property for the purpose of collecting the Rents, Rents and Mortgagor shall be entitled to collect, receive, use and retain the Rents unless until the occurrence of an Event of Default shall be in effectunder this Mortgage; such right of Mortgagor to collect, receive, use and retain the Rents may be revoked by Mortgagee if an upon the occurrence of any Event of Default occurs under this Mortgage by giving not less than five days’ written notice of such revocation to Mortgagor, in . In the event such notice is given, Mortgagor shall pay over to Mortgagee, or to any receiver appointed to collect the Rents, the Rents and any lease security deposits. Mortgagor shall not accept prepayments of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).

Appears in 2 contracts

Sources: Credit Agreement (Doane Pet Care Co), Credit Agreement (Doane Pet Care Co)

Assignment of Rents. Mortgagor hereby assigns to Mortgagee the Rents as further security for the payment and performance of all of the Secured Obligations, and Mortgagor grants to Mortgagee the right to enter the Mortgaged Property for the purpose of collecting the same and to let the Mortgaged Property or any part thereof, and to apply the Rents on account of the Secured Obligations. The foregoing assignment and grant is present and absolute and shall continue in effect until the Secured Obligations (other than unasserted contingent indemnification Obligations) are paid and performed in full, but Mortgagee hereby waives the right to enter the Mortgaged Property for the purpose of collecting the Rents, Rents and Mortgagor shall be entitled to collect, receive, use and retain the Rents unless until the occurrence of an Event of Default shall be in effectunder this Mortgage; such right of Mortgagor to collect, receive, use and retain the Rents may be revoked by Mortgagee if an upon the occurrence of any Event of Default occurs under this Mortgage by giving not less than five days’ written notice of such revocation to Mortgagor, in . In the event such notice is given, Mortgagor shall pay over to Mortgagee, or to any receiver appointed to collect the Rents, the Rents and any lease security deposits. Mortgagor shall not accept prepayments of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).

Appears in 2 contracts

Sources: Term Loan Credit Agreement (Supervalu Inc), Credit Agreement (Supervalu Inc)

Assignment of Rents. Mortgagor hereby assigns to Mortgagee the Rents as further security for the payment of the Indebtedness and performance of all of the Obligations, and Mortgagor grants to Mortgagee the right to enter the Mortgaged Property for the purpose of collecting the same and to let the Mortgaged Property or any part thereof, and to apply the Rents on account of the ObligationsIndebtedness. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are Indebtedness is paid and performed in full, but Mortgagee hereby waives the right to enter the Mortgaged Property for the purpose of collecting the Rents, Rents and Mortgagor shall be entitled to collect, receive, use and retain the Rents unless until the occurrence and during the continuance of an Event of Default shall be in effectunder this Mortgage; such right of Mortgagor to collect, receive, use and retain the Rents may be revoked by Mortgagee if an upon the occurrence and during the continuance of any Event of Default occurs under this Mortgage by giving not less than five days’ written notice of such revocation to Mortgagor, in the event such notice is given, Mortgagor shall pay over to Mortgagee, or to any receiver appointed to collect the Rents, the Rents and any lease security deposits. Mortgagor shall not accept prepayments of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).

Appears in 2 contracts

Sources: Credit Agreement (Paperweight Development Corp), Credit Agreement (Appleton Papers Inc/Wi)

Assignment of Rents. Mortgagor hereby assigns to Mortgagee the Rents as further security for the payment of the Indebtedness and performance of all of the Obligations, and Mortgagor grants to Mortgagee the right to enter the Mortgaged Property for the purpose of collecting the same and to let the Mortgaged Property or any part thereof, and to apply the Rents on account of the ObligationsIndebtedness. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are Indebtedness is paid and performed in full, but Mortgagee hereby waives the right to enter the Mortgaged Property for the purpose of collecting the Rents, Rents and Mortgagor shall be entitled to collect, receive, use and retain the Rents unless until the occurrence and continuance of an Event of Default shall be in effectunder this Mortgage; such right of Mortgagor to collect, receive, use and retain the Rents may be revoked by Mortgagee if an upon the occurrence and continuance of any Event of Default occurs under this Mortgage by giving not less than five days' written notice of such revocation to Mortgagor, ; in the event such notice is given, Mortgagor shall pay over to Mortgagee, or to any receiver appointed to collect the Rents, the Rents and any lease security deposits. Mortgagor shall not accept prepayments of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any, or as otherwise provided in such Lease).

Appears in 2 contracts

Sources: Open End Mortgage (Ero Marketing Inc), Open End Mortgage and Security Agreement (Ero Marketing Inc)

Assignment of Rents. The Mortgagor hereby assigns to the Mortgagee the Rents as further security for the payment and performance of all of the Obligations, and the Mortgagor grants to the Mortgagee the right to enter the Mortgaged Property for the purpose of collecting the same and to let the Mortgaged Property or any part thereof, and to apply the Rents on account of the Obligations. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are paid and performed in fullfull and all Commitments are terminated, but the Mortgagee hereby waives the right to enter the Mortgaged Property for the purpose of collecting the Rents, Rents and the Mortgagor shall be entitled to collect, receive, use and retain the Rents unless until the occurrence and continuance of an Event of Default shall be in effectunder this Mortgage; such right of the Mortgagor to collect, receive, use and retain the Rents may be revoked by the Mortgagee if an upon the occurrence and continuance of any Event of Default occurs under this Mortgage by giving not less than five days' written notice of such revocation to the Mortgagor, ; in the event such notice is given, the Mortgagor shall pay over to the Mortgagee, or to any receiver appointed to collect the Rents, the Rents and any lease security deposits. The Mortgagor shall not accept prepayments of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).

Appears in 2 contracts

Sources: Mortgage (Edison Mission Finance Co), Mortgage (Edison Mission Finance Co)

Assignment of Rents. Mortgagor hereby assigns to Mortgagee the Rents as further security for the payment and performance of all of the Secured Obligations, and and, to the extent permitted by applicable Law, Mortgagor grants to Mortgagee the right to enter the Mortgaged Property for the purpose of collecting the same and to let the Mortgaged Property or any part thereof, and to apply the Rents on account of the Secured Obligations. The foregoing assignment and grant is present and absolute and shall continue in effect until the Secured Obligations (other than unasserted contingent indemnification Obligations) are paid and performed in full, but Mortgagee hereby waives the right to enter the Mortgaged Property for the purpose of collecting the Rents, Rents and Mortgagor shall be entitled to collect, receive, use and retain the Rents unless until the occurrence of an Event of Default shall be in effectunder this Mortgage; such right of Mortgagor to collect, receive, use and retain the Rents may be revoked by Mortgagee if an upon the occurrence of any Event of Default occurs under this Mortgage by giving not less than five days’ written notice of such revocation to Mortgagor, in . In the event such notice is given, Mortgagor shall pay over to Mortgagee, or to any receiver appointed to collect the Rents, the Rents and any lease Lease security deposits. Mortgagor shall not accept prepayments of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).

Appears in 2 contracts

Sources: Term Loan Credit Agreement (Supervalu Inc), Credit Agreement (Supervalu Inc)

Assignment of Rents. Mortgagor hereby assigns to Mortgagee the Rents as further security for the payment of the Indebtedness and performance of all of the Obligations, and Mortgagor grants to Mortgagee the right to enter the Mortgaged Property for the purpose of collecting the same and to let the Mortgaged Property or any part thereof, [and to apply the Rents on account of the ObligationsIndebtedness] [in accordance with the U.S. Shared Collateral Agreement (as defined in the Collateral Agency Agreement)]. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are Indebtedness is paid and performed in full, but Mortgagee hereby waives the right to enter the Mortgaged Property for the purpose of collecting the Rents, Rents and Mortgagor shall be entitled to collect, receive, use and retain the Rents unless until the occurrence of an Event of Default shall be in effectunder this Mortgage; such right of Mortgagor to collect, receive, use and retain the Rents may be revoked by Mortgagee if an upon the occurrence of any Event of Default occurs under this Mortgage by giving not less than five days' written notice of such revocation to Mortgagor, ; in the event such notice is given, Mortgagor shall pay over to Mortgagee, or to any receiver appointed to collect the Rents, the Rents and any lease security deposits. Mortgagor shall not accept prepayments of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).

Appears in 1 contract

Sources: Credit Agreement (International Multifoods Corp)

Assignment of Rents. Mortgagor hereby assigns to Mortgagee the Rents as further security for the payment and performance of all of the Obligations, and Mortgagor grants to Mortgagee the right to enter the Mortgaged Property for the purpose of collecting the same and to let the Mortgaged Property or any part thereof, and to apply the Rents on account of the Obligations. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are paid and performed in full, but Mortgagee hereby waives the right to enter the Mortgaged Property for the purpose of collecting the Rents, Rents and Mortgagor shall be entitled to collect, receive, use and retain the Rents unless until the occurrence of an Event of Default shall be in effectunder this Mortgage; such right of Mortgagor to collect, receive, use and retain the Rents may be revoked by Mortgagee if an upon the occurrence of any Event of Default occurs under this Mortgage by giving not less than five days' written notice of such revocation to Mortgagor, ; in the event such notice is given, Mortgagor shall pay over to Mortgagee, or to any receiver appointed to collect the Rents, the Rents and any lease security deposits, and shall pay monthly in advance to Mortgagee, or to any such receiver, the fair and reasonable rental value as determined by Mortgagee for the use and occupancy of the Mortgaged Property or of such part thereof as may be in the possession of Mortgagor or any affiliate of Mortgagor, and upon default in any such payment Mortgagor and any such affiliate will vacate and surrender the possession of the Mortgaged Property to Mortgagee or to such receiver, and in default thereof may be evicted by summary proceedings or otherwise. Mortgagor shall not accept prepayments of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).

Appears in 1 contract

Sources: Credit Agreement (Campfire Inc)

Assignment of Rents. In furtherance of and in addition to the assignment made by Mortgagor herein, Mortgagor hereby assigns absolutely and unconditionally assigns, sells, transfers and conveys to Mortgagee the all of its right, title and interest in and to all Leases, whether now existing or hereafter entered into, and all of its right, title and interest in and to all Rents as further security for the payment of the Indebtedness and performance of all of the Obligations, and Mortgagor grants to Mortgagee the right to enter the Mortgaged Property for the purpose of collecting the same and to let the Mortgaged Property or any part thereof, and to apply the Rents on account of the ObligationsIndebtedness. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are Indebtedness is paid and performed in full, but Mortgagee hereby waives the right to enter the Mortgaged Property for the purpose of collecting the Rents, Rents and Mortgagor shall be entitled to collect, receive, use and retain the Rents unless until the occurrence of an Event of Default shall be in effectunder this Mortgage; such right of Mortgagor to collect, receive, use and retain the Rents may be revoked by Mortgagee if an upon the occurrence of any Event of Default occurs Default, under this Mortgage by giving not less than five days’ written notice of such revocation to Mortgagor, in . In the event such notice is given, Mortgagor shall pay over to Mortgagee, or to any receiver appointed to collect the Rents, the Rents and any lease security deposits. Mortgagor shall not accept prepayments of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any).

Appears in 1 contract

Sources: Credit Agreement (MacDermid Group Inc.)

Assignment of Rents. Mortgagor hereby assigns to Mortgagee the Rents as further security for the payment of and performance of all of the Obligations, and Mortgagor grants to Mortgagee the right to enter the Mortgaged Property for the purpose of collecting the same and to let the Mortgaged Property or any part thereof, and to apply the Rents on account of the Obligations. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are fully paid and performed in fullperformed, but Mortgagee hereby waives the right to enter the Mortgaged Property for the purpose of collecting the Rents, Rents and Mortgagor shall be entitled to collect, receive, use and retain the Rents unless until the occurrence and continuance of an Event of Default shall be in effectDefault; such right of Mortgagor to collect, receive, use and retain the Rents may be revoked by Mortgagee if an upon the occurrence and during the continuance of any Event of Default occurs by giving not less than five 10 days’ written notice of such revocation to Mortgagor, ; in the event such notice is given, Mortgagor shall pay over to Mortgagee, or to any receiver appointed to collect the Rents, the Rents and any lease security deposits. Mortgagor shall not accept prepayments of installments of Rent to become due for a period of more than one month in advance (except for security deposits and estimated payments of percentage rent, if any). Mortgagor has not affirmatively done any act which would prevent Mortgagee from, or limit Mortgagee in, acting under any of the provisions of the foregoing assignment.

Appears in 1 contract

Sources: Assignment and Assumption Agreement (Libbey Inc)

Assignment of Rents. Mortgagor hereby assigns to Mortgagee the Rents as further security for the payment and performance of all of the Obligations, and Mortgagor grants to Mortgagee the right to enter the Mortgaged Property for the purpose of collecting the same and to let the Mortgaged Property or any part thereof, and to apply the Rents on account of the Obligations. The foregoing assignment and grant is present and absolute and shall continue in effect until the Obligations are is paid and performed in full, but Mortgagee hereby waives the right to enter the Mortgaged Property for the purpose of collecting the Rents, Rents and Mortgagor shall be entitled to collect, receive, use and retain the Rents unless until the occurrence and during the continuance of an Event of Default shall be in effectDefault; such right of Mortgagor to collect, receive, use and retain the Rents may be revoked by Mortgagee if an upon the occurrence and during the continuance of any Event of Default occurs by giving not less than five ten days’ written notice of such revocation to Mortgagor, ; in the event such notice is given, Mortgagor shall pay over to Mortgagee, or to any receiver appointed to collect the Rents, the Rents and any lease security deposits. , and upon default in any such payment Mortgagor shall not accept prepayments and any such affiliate will vacate and surrender the possession of installments of Rent the Mortgaged Property to become due for a period of more than one month Mortgagee or to such receiver, and in advance (except for security deposits and estimated payments of percentage rent, if any)default thereof may be evicted by summary proceedings or otherwise.

Appears in 1 contract

Sources: Credit Agreement (Domtar CORP)