due or to become due whether at stated
maturity, by acceleration or otherwise, (ii) arising in the regular course of
business or otherwise, (iii) for payment or performance and/or (iv) now existing
or hereafter arising (including, without limitation, interest and other
obligations arising or accruing after the commencement of any bankruptcy,
insolvency, reorganization or similar proceeding with respect to the Issuer, any
Guarantor or any other Person, or which would have arisen or accrued but for the
commencement of such proceeding, even if such obligation or the claim therefor
is not enforceable or allowable in such proceeding).]
"Secured Parties" shall have the meaning assigned to such term in Recital [F]
hereof.
"Security Documents" shall have the meaning assigned to such term in the
Indenture.
"Series A Notes" shall have the meaning assigned to such term in Recital A
hereof.
"Subordination Agreement" shall mean a subordination, nondisturbance and
attornment agreement substantially in the form of Exhibit 1 annexed to this
Mortgage.
"Subsidiaries" shall have the meaning assigned to such term in the Indenture.
"Tax Escrow Fund" shall have the meaning assigned to such term in Section 7.2
hereof.
"Tenant" shall mean any tenant, lessee, sublessee, franchisee, licensee, grantee
or obligee, as applicable.
"UCC" shall mean the Uniform Commercial Code as in effect on the date hereof in
the jurisdiction in which the Premises are located; provided, however, that if
by reason of mandatory provisions of law, the perfection or the effect of
perfection or non-perfection of the security interest in any item or portion of
the Mortgaged Property is governed by the Uniform Commercial Code as in effect
in a jurisdiction other than the jurisdiction in which the Premises are located,
"UCC" shall also mean the Uniform Commercial Code as in effect in such other
jurisdiction for purposes of the provisions hereof relating to such perfection
or effect of perfection or non-perfection.
SECTION 1.2
INTERPRETATION.
IN THIS MORTGAGE, UNLESS OTHERWISE SPECIFIED, (I)
SINGULAR WORDS INCLUDE THE PLURAL AND PLURAL WORDS INCLUDE THE SINGULAR, (II)
WORDS IMPORTING ANY GENDER INCLUDE THE OTHER GENDER, (III) REFERENCES TO ANY
PERSON INCLUDE SUCH PERSON'S SUCCESSORS AND ASSIGNS AND IN THE CASE OF AN
INDIVIDUAL, THE WORD "SUCCESSORS" INCLUDES SUCH PERSON'S HEIRS, DEVISEES,
LEGATEES, EXECUTORS, ADMINISTRATORS
7
AND PERSONAL REPRESENTATIVES, (IV) REFERENCES TO ANY STATUTE OR OTHER LAW
INCLUDE ALL APPLICABLE RULES, REGULATIONS AND ORDERS ADOPTED OR MADE THEREUNDER
AND ALL STATUTES OR OTHER LAWS AMENDING, CONSOLIDATING OR REPLACING THE STATUTE
OR LAW REFERRED TO, (V) THE WORDS "CONSENT," "APPROVE" AND "AGREE," AND
DERIVATIONS THEREOF OR WORDS OF SIMILAR IMPORT, MEAN THE PRIOR WRITTEN CONSENT,
APPROVAL OR AGREEMENT OF THE PERSON IN QUESTION NOT TO BE UNREASONABLY WITHHELD,
(VI) THE WORDS "INCLUDE" AND "INCLUDING," AND WORDS OF SIMILAR IMPORT, SHALL BE
DEEMED TO BE FOLLOWED BY THE WORDS "WITHOUT LIMITATION," (VII) THE WORDS
"HERETO," "HEREIN," "HEREOF" AND "HEREUNDER," AND WORDS OF SIMILAR IMPORT, REFER
TO THIS MORTGAGE IN ITS ENTIRETY, (VIII) REFERENCES TO ARTICLES, SECTIONS,
SCHEDULES, EXHIBITS, SUBSECTIONS, PARAGRAPHS AND CLAUSES ARE TO THE ARTICLES,