Common use of Release of and Resort to Collateral Clause in Contracts

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 7 contracts

Sources: Credit Agreement (Dean Foods Co), Senior Secured Term Loan Credit Agreement (Aventine Renewable Energy Holdings Inc), Credit Agreement (Campus Crest Communities, Inc.)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Propertyconsideration, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest Lien created in or evidenced by the Loan Documents this Deed of Trust or their its status as a first and prior lien and security interest in and to the Lien on Mortgaged Property. For payment of the IndebtednessObligations, Beneficiary may resort to any other security therefor held by Trustee in such order and manner as Beneficiary may elect.

Appears in 6 contracts

Sources: Amendment and Restatement Agreement (Spansion Inc.), Revolving Credit Agreement (Spansion Inc.), Deed of Trust (Advanced Micro Devices Inc)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Property. For payment and performance of the IndebtednessObligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 6 contracts

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

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Propertyconsideration, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents and without in any way releasing or their status as a first and prior lien and security interest in and to diminishing the Mortgaged Propertyliability of any person or entity liable for the repayment of the Indebtedness or the performance of the Obligations. For payment of the Indebtedness, Beneficiary may resort to any other security therefor held by Beneficiary or Trustee in such order and manner as Beneficiary may elect.

Appears in 5 contracts

Sources: Deed of Trust, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.), Deed of Trust (Westway Group, Inc.), Leasehold Deed of Trust, Security Agreement, Fixture Filing, and Assignment of Leases and Rents (Westway Group, Inc.)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Trust Property, any part of the Mortgaged Trust Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Trust Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 5 contracts

Sources: Leasehold and Fee Deed of Trust (Oasis Interval Ownership, LLC), Deed of Trust, Assignment of Rents and Leases, Fixture Filing and Security Agreement (GNLV Corp), Deed of Trust, Assignment of Rents and Leases, Fixture Filing and Security Agreement (GNLV Corp)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Propertyconsideration, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Secured Debt Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security therefor held in such order and manner as Beneficiary may elect.

Appears in 4 contracts

Sources: Mortgage, Deed of Trust, Assignment, Security Agreement, Financing Statement and Fixture Filing (Calpine Corp), Mortgage, Deed of Trust, Assignment, Security Agreement, Financing Statement and Fixture Filing (Calpine Corp), Mortgage Agreement (Calpine Corp)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Trust Property, any part of the Mortgaged Trust Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Trust Property. For payment of the IndebtednessObligations, Beneficiary or Trustee may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 4 contracts

Sources: Deed of Trust, Security Agreement, Assignment of Rents and Leases (LEM America, Inc), Deed of Trust, Security Agreement, Assignment of Rents and Leases (LEM America, Inc), Deed of Trust, Security Agreement, Assignment of Rents and Leases (Marvell Technology Group LTD)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the remaining Mortgaged Property. For payment of the IndebtednessObligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 3 contracts

Sources: Deed of Trust (M & F Worldwide Corp), Deed of Trust (M & F Worldwide Corp), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (M & F Worldwide Corp)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 2 contracts

Sources: Deed of Trust, Security Agreement and Fixture Filing (KBS Strategic Opportunity REIT, Inc.), Deed of Trust and Security Agreement (NNN 2003 Value Fund LLC)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or a consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 2 contracts

Sources: Credit Agreement (Uap Holding Corp), Deed of Trust, Security Agreement and Fixture Filing (360 Global Wine Co)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien Lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien Lien or security interest (including with respect to the Mortgaged Property) created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Propertyother Collateral Documents. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 2 contracts

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

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Related Documents or their status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the IndebtednessObligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 2 contracts

Sources: Base Indenture (Wendy's Co), Base Indenture (DineEquity, Inc)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Credit Documents or their status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC), Credit Agreement (Avago Technologies LTD)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or a consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the IndebtednessSecured Obligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 2 contracts

Sources: Deed of Trust (Griffin Capital Essential Asset REIT II, Inc.), Deed of Trust (Griffin Capital Essential Asset REIT II, Inc.)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or a consent by the holder of any subordinate lien Hen on the Mortgaged Trust Property, any part of the Mortgaged Trust Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Trust Property. For payment of the IndebtednessDebt, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 2 contracts

Sources: Deed of Trust, Assignment of Leases and Rents and Security Agreement (Medalist Diversified REIT, Inc.), Deed of Trust, Assignment of Leases and Rents and Security Agreement (Medalist Diversified REIT, Inc.)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior priority lien and security interest in and to the Mortgaged Property. For payment of the IndebtednessSecured Obligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 2 contracts

Sources: Deed of Trust (Green Plains Inc.), Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Green Plains Inc.)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 2 contracts

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

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged PropertyCollateral, any part of the Mortgaged Property Collateral without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged PropertyCollateral. For payment of the IndebtednessObligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 2 contracts

Sources: Deed of Trust, Security Agreement and Fixture Filing (Mission West Properties Inc), Deed of Trust, Security Agreement and Fixture Filing (Mission West Properties Inc)

Release of and Resort to Collateral. Beneficiary may ----------------------------------- release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Propertyconsideration, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien Lien or security interest created in or evidenced by the Loan Documents this Deed of Trust or their status stature as a first and prior lien second Lien and security interest (subject to Permitted Encumbrances) in and to the Mortgaged Property. For payment of the IndebtednessObligations, Beneficiary may resort to any other security therefor held by Deed Trustee in such order and manner as Beneficiary may elect.

Appears in 1 contract

Sources: Second Leasehold Deed of Trust, Security Agreement, Assignment of Leases and Rents, Fixture Filing, and Financing Statement (HWCC Shreveport Inc)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Trust Property, any part of the Mortgaged Trust Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Note Documents or their status as a first and prior second lien and security interest in and to the Mortgaged Trust Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 1 contract

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

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Trust Property, any part of the Mortgaged Trust Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Trust Property. For payment of or performance of the IndebtednessSecured Obligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 1 contract

Sources: Line of Credit Deed of Trust (Erickson Air-Crane Inc.)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents this Deed of Trust or their its status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 1 contract

Sources: Loan Agreement (Consol Energy Inc)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Secured Property, any part of the Mortgaged Secured Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Secured Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.the

Appears in 1 contract

Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement, and Fixture Filing (Arrived Homes, LLC)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Propertyconsideration, any part of the Mortgaged Property Collateral without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest Lien created in or evidenced by the Loan Documents this Deed of Trust or their status as a first and prior lien and security interest in and to the Mortgaged Propertyits priority status. For payment of the IndebtednessObligations, Beneficiary may resort to any other security therefor held by Trustee in such order and manner as Beneficiary may elect.

Appears in 1 contract

Sources: Loan Agreement (Sterling Construction Co Inc)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged PropertyCollateral, any part of the Mortgaged Property Collateral without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged PropertyCollateral. For payment of the IndebtednessSecured Obligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 1 contract

Sources: Credit Agreement (Jubilant Generics Inc.)

Release of and Resort to Collateral. Trustee or Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the a holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged PropertyDocuments. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 1 contract

Sources: Deed of Trust (Wells Mid-Horizon Value-Added Fund I LLC)

Release of and Resort to Collateral. Beneficiary or Lender may release, regardless of consideration and without the necessity for any notice to or a consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the IndebtednessDebt, Beneficiary or Lender may resort to any other security in such order and manner as Beneficiary or Lender may elect.

Appears in 1 contract

Sources: Deed of Trust (American Assets Trust, Inc.)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Propertyconsideration, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest Lien created in or evidenced by the Loan Documents this Deed of Trust or their its status as a first second and prior lien and security interest in and to the Lien on Mortgaged Property. For payment of the IndebtednessObligations, Beneficiary may resort to any other security therefor held by Trustee in such order and manner as Beneficiary may elect.

Appears in 1 contract

Sources: Deed of Trust (Spansion Inc.)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the IndebtednessSecured Obligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 1 contract

Sources: Credit Agreement (Arterial Vascular Engineering Inc)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or a consent by the holder of any subordinate lien on the Mortgaged PropertyCollateral, any part of the Mortgaged Property Collateral without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged PropertyCollateral. For payment of the IndebtednessLiabilities, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 1 contract

Sources: Deed of Trust Assignment of Leases and Rents, Security Agreement, Fixture Filing and Financing Statement (KBS Strategic Opportunity REIT, Inc.)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or a consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 1 contract

Sources: Deed of Trust

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Secured Property, any part of the Mortgaged Secured Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest interests created in or evidenced by the Loan Documents or their status stature as a first and prior lien and security interest in and to the Mortgaged Secured Property. For payment of the IndebtednessSecured Obligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 1 contract

Sources: Deed of Trust, Assignment of Leases and Rents, Security Agreement, and Fixture Filing (Arrived Homes, LLC)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Documents or their status as a first and prior lien and security interest (subject to the Permitted Encumbrances and any Liens permitted by Section 7.01 of the Credit Agreement) in and to the Mortgaged Property. For payment of the Indebtedness, Beneficiary may resort to any other security security, upon the occurrence of and during the continuance of an Event of Default, in such order and manner as Beneficiary may elect.

Appears in 1 contract

Sources: Credit Agreement (Del Monte Foods Co)

Release of and Resort to Collateral. Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Trust Property, any part of the Mortgaged Trust Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Secured Documents or their status as a first and prior second lien and security interest in and to the Mortgaged Trust Property. For payment of or performance of the IndebtednessSecured Obligations, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 1 contract

Sources: Line of Credit Deed of Trust (Erickson Air-Crane Inc.)

Release of and Resort to Collateral. To the extent permitted by applicable law, Beneficiary may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the Mortgaged Property without, as to the remainder, in any way impairing, affecting, subordinating or releasing the lien or security interest created in or evidenced by the Loan Note Documents or their status as a first and prior [second] lien and security interest in and to the Mortgaged Property, subject only to the First Deed of Trust. For payment of the Indebtedness, Beneficiary may resort to any other security in such order and manner as Beneficiary may elect.

Appears in 1 contract

Sources: Note and Warrant Purchase Agreement (Icg Communications Inc /De/)