Common use of Perfection Upon Recordation Clause in Contracts

Perfection Upon Recordation. Grantor acknowledges that Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trustee’s and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “▇▇▇▇▇▇” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 3 contracts

Sources: Credit Agreement (Consol Energy Inc), Revolving Credit Facility (Consol Energy Inc), Credit Agreement (Avago Technologies LTD)

Perfection Upon Recordation. Grantor acknowledges that Trustee and Beneficiary have has taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trustee and Trust Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trustee’s and Trust Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “▇▇▇▇▇▇” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 2 contracts

Sources: Credit Agreement (Dean Foods Co), Credit Agreement (CAESARS ENTERTAINMENT Corp)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trust Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “▇▇▇▇▇▇” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 2 contracts

Sources: Senior Secured Term Loan Credit Agreement (Aventine Renewable Energy Holdings Inc), Loan Agreement (Consol Energy Inc)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priorityFirst Priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “▇▇▇▇▇▇” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 2 contracts

Sources: Amendment and Restatement and Additional Term Loan Assumption Agreement (Skilled Healthcare Group, Inc.), Amendment and Restatement Agreement (Skilled Healthcare Group, Inc.)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s 's and Beneficiary’s 's interest in the Rents shall be deemed to be fully perfected, “▇▇▇▇▇▇” "choate" and enforced as to Grantor and to the extent permitted under applicable ▇▇▇▇▇▇able law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”"BANKRUPTCY CODE"), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 2 contracts

Sources: Credit Agreement (Integrated Defense Technologies Inc), Credit Agreement (Integrated Defense Technologies Inc)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trust Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “▇▇▇▇▇▇” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Houghton Mifflin Harcourt Co), Term Loan Credit Agreement (Houghton Mifflin Harcourt Co)

Perfection Upon Recordation. Grantor acknowledges that Trustee and Beneficiary have has taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trustee’s and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “▇▇▇▇▇▇” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 2 contracts

Sources: Credit Agreement (Consol Energy Inc), Revolving Credit Facility (Consol Energy Inc)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trust Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s 's and Beneficiary’s 's interest in the Rents shall be deemed to be fully perfected, "▇▇▇▇▇▇" and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the "Bankruptcy Code"), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 2 contracts

Sources: Credit Agreement (Headwaters Inc), Second Lien Credit Agreement (Headwaters Inc)

Perfection Upon Recordation. Grantor acknowledges that Trustee and Beneficiary have has taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trustee and Mortgage Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of TrustMortgage, Trustee’s and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “▇▇▇▇▇▇” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of TrustMortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Sources: Credit Agreement (Campus Crest Communities, Inc.)

Perfection Upon Recordation. Grantor acknowledges that Trustee and Beneficiary have has taken all actions necessary to obtain, and that upon recordation of this Deed of TrustMortgage, Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, perfected first priority, priority present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that that, to the extent permitted under applicable law, upon recordation of this Deed of TrustMortgage, Trustee’s and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “▇▇▇▇▇▇” and enforced enforceable as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of TrustMortgage, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Sources: Base Indenture (Wendy's Co)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s 's and Beneficiary’s 's interest in the Rents shall be deemed to be fully perfected, "cho▇▇▇" ▇▇” and nd enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”"BANKRUPTCY CODE"), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Sources: Credit Agreement (Ackerley Group Inc)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “▇▇▇▇▇▇” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Sources: Leasehold and Fee Deed of Trust (Oasis Interval Ownership, LLC)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trust Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s 's and Beneficiary’s 's interest in the Rents shall be deemed to be fully perfected, "▇▇▇▇▇▇" and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the "Bankruptcy Code"), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Sources: Credit Agreement (Arterial Vascular Engineering Inc)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trustee and Trust Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trustee’s and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “c▇▇▇▇▇” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Sources: Credit Agreement (PGT, Inc.)

Perfection Upon Recordation. Grantor acknowledges that Trustee and Beneficiary have has taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trustee and Trust Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that that, to the extent permitted under applicable law, upon recordation of this Deed of Trust, Trustee’s and Trust Beneficiary’s 's interest in the Rents shall be deemed to be fully perfected, "▇▇▇▇▇▇" and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, including any subsequently appointed trustee in any case under Title 11 of the United States Code (the "Bankruptcy Code"), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Sources: Deed of Trust, Security Agreement, Assignment of Rents and Leases (Teletech Holdings Inc)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s (for the benefit of Beneficiary) and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “c▇▇▇▇▇” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Sources: Deed of Trust (Maxxam Inc)

Perfection Upon Recordation. Grantor acknowledges that Trustee and Beneficiary have has taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trustee and Trust Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that that, to the extent permitted under applicable law, upon recordation of this Deed of Trust, Trustee’s and Trust Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “▇▇▇▇▇▇” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, including any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Sources: Deed of Trust, Security Agreement, Assignment of Rents and Leases (Teletech Holdings Inc)

Perfection Upon Recordation. Grantor acknowledges that Beneficiary and Trustee and Beneficiary have taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trust Beneficiary and Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trust Trustee’s and Beneficiary’s interest in the Rents shall be deemed to be fully perfected, “c▇▇▇▇▇” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Sources: Credit Agreement (Alliant Techsystems Inc)

Perfection Upon Recordation. Grantor acknowledges that Trustee and Beneficiary have it has taken all actions necessary to obtain, and that upon recordation of this Deed of Trust, Trustee and Beneficiary shall have, to the extent permitted under applicable law, a valid and fully perfected, first priority, present assignment of the Rents arising out of the Leases and all security for such Leases. Grantor acknowledges and agrees that upon recordation of this Deed of Trust, Trustee’s and Beneficiary’s interest in the Rents Rents, to the extent permitted under applicable law, shall be deemed to be fully perfected, “▇▇▇▇▇▇” and enforced as to Grantor and to the extent permitted under applicable law, all third parties, including, without limitation, any subsequently appointed trustee in any case under Title 11 of the United States Code (the “Bankruptcy Code”), without the necessity of commencing a foreclosure action with respect to this Deed of Trust, making formal demand for the Rents, obtaining the appointment of a receiver or taking any other affirmative action.

Appears in 1 contract

Sources: Credit Agreement (CAESARS ENTERTAINMENT Corp)