Common use of Cross-Default; Cross-Collateralization Clause in Contracts

Cross-Default; Cross-Collateralization. Borrower acknowledges that Lender has made the Loan to Borrower upon the security of its collective interest in the Collateral and in reliance upon the aggregate of the Collateral taken together being of greater value as collateral security than the sum of each equity pledge taken separately. Borrower agrees that each of the Loan Documents are and will be cross collateralized and cross defaulted with each other so that (i) an Event of Default under any of Loan Documents shall constitute an Event of Default under each of the other Loan Documents; (ii) an Event of Default hereunder shall constitute an Event of Default under the Pledge Agreement; (iii) the Pledge Agreement shall constitute security for the Note as if a single blanket lien were placed on all of the Collateral as security for the Note; and (iv) such cross collateralization shall in no event be deemed to constitute a fraudulent conveyance and Borrower waives any claims related thereto.

Appears in 6 contracts

Sources: Mezzanine Loan Agreement (NorthStar Healthcare Income, Inc.), Mezzanine Loan Agreement (Northstar Realty Finance Corp.), Mezzanine Loan Agreement (NorthStar Healthcare Income, Inc.)

Cross-Default; Cross-Collateralization. (a) Borrower acknowledges that Lender ▇▇▇▇▇▇ has made the Loan to Borrower upon the security of its collective interest in the Collateral Properties and in reliance upon the aggregate of the Collateral Properties taken together being of greater value as collateral security than the sum of each equity pledge Individual Property taken separately. Borrower agrees that each of the Loan Documents (including, without limitation, the Security Instruments) are and will be cross collateralized and cross defaulted with each other so that (i) an Event of Default under any of Loan Documents shall constitute an Event of Default under each of the other Loan Documents; (ii) an Event of Default hereunder shall constitute an Event of Default under the Pledge Agreementeach Security Instrument; (iii) the Pledge Agreement each Security Instrument shall constitute security for the Note as if a single blanket lien were placed on all of the Collateral Properties as security for the Note; and (iv) such cross collateralization shall in no event be deemed to constitute a fraudulent conveyance and Borrower waives any claims related thereto.

Appears in 1 contract

Sources: Loan Agreement (SITE Centers Corp.)

Cross-Default; Cross-Collateralization. Borrower ▇▇▇▇▇▇▇▇ acknowledges that Lender ▇▇▇▇▇▇ has made the Loan to Borrower upon upon, among other things, the security of its collective interest in the Collateral Properties and in reliance upon the aggregate of the Collateral Properties taken together being of greater value as collateral security than the sum of each equity pledge Property taken separately. Borrower agrees that each of the Loan Documents Mortgages are and will be cross cross-collateralized and cross cross-defaulted with each other so that (i) an Event of Default under any of Loan Documents the Mortgages shall constitute an Event of Default under each of the other Loan DocumentsMortgages which secure the Note; (ii) an Event of Default hereunder under the Note or this Agreement shall constitute an Event of Default under the Pledge Agreementeach Mortgage; (iii) the Pledge Agreement each Mortgage shall constitute security for the Note as if a single blanket lien were placed on all of the Collateral Properties as security for the Note; and (iv) such cross cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance and Borrower waives any claims related theretoconveyance.

Appears in 1 contract

Sources: Loan Agreement (Vinebrook Homes Trust, Inc.)

Cross-Default; Cross-Collateralization. Cross-Default and Cross-Collateralization of Property. Borrower acknowledges that Lender ▇▇▇▇▇▇ has made the Loan to Borrower upon the security of its collective interest in the Collateral Property and in reliance upon the aggregate of the Collateral Individual Properties taken together being of greater value as collateral security than the sum of each equity pledge Individual Property taken separately. Borrower agrees that each of the Loan Documents are and will be cross cross-collateralized and cross cross-defaulted with each other so that (i) an Event of Default under any of the Loan Documents shall constitute an Event of Default under each of the other Loan Documents; (ii) an Event of Default hereunder shall constitute an Event of Default under the Pledge AgreementSecurity Instruments; (iii) the Pledge Agreement Security Instruments shall constitute security for the Note as if a single blanket lien were placed on all of the Collateral Individual Properties as security for the Note; and (iv) such cross cross-collateralization shall in no event be deemed to constitute a fraudulent conveyance and Borrower waives any claims related thereto.

Appears in 1 contract

Sources: Loan Agreement (Silver Star Properties Reit, Inc)

Cross-Default; Cross-Collateralization. Borrower acknowledges that Lender has made the Loan to Borrower upon the security of its collective interest in the Collateral Property and in reliance upon the aggregate of the Collateral Individual Properties taken together being of greater value as collateral security than the sum of each equity pledge Individual Property taken separately. Borrower agrees that each of the Loan Documents (including, without limitation, the Security Instruments) are and will be cross collateralized and cross defaulted with each other so that (i) an Event of Default under any of the Loan Documents shall constitute an Event of Default under each of the other Loan Documents; (ii) an Event of Default hereunder shall constitute an Event of Default under the Pledge Agreementeach Security Instrument; (iii) the Pledge Agreement each Security Instrument shall constitute security for the Note as if a single blanket lien were placed on all of the Collateral Individual Properties as security for the Note; and (iv) such cross collateralization shall in no event be deemed to constitute a fraudulent conveyance and Borrower waives any claims related thereto.

Appears in 1 contract

Sources: Loan Agreement (Strategic Storage Trust II, Inc.)