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Aircraft Mortgage and Security Agreement
Aircraft Mortgage and Security Agreement (45K)
Doc #1634536: Click preview link for longer preview.
EXECUTION VERSION
AIRCRAFT MORTGAGE AND SECURITY AGREEMENT
THIS AIRCRAFT MORTGAGE AND SECURITY AGREEMENT (�Mortgage�) dated as of March 31, 2004 by and among ABX AIR, Inc. (the �Borrower�), a Delaware corporation (the �Initial Grantor� and together with any additional Domestic Subsidiaries, whether now existing or hereafter formed which become parties to this Mortgage by executing a Supplement hereto in substantially the form of Annex I, the �Grantors�), and BANK ONE, NA, in its capacity as administrative agent (the �Administrative Agent�) for the �Holders of . . .
1634536
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 Bank One
As referenced in this Aircraft Mortgage and Security Agreement:
BANK ONE, NA – additional Domestic Subsidiaries, whether now existing or hereafter formed which become parties to this Mortgage by executing a Supplement hereto in substantially the form of Annex I, the Grantors), and BANK ONE, NA , in its capacity as administrative agent (the Administrative Agent) for the Holders of Secured Obligations (as such term is defined in the Credit Agreement defined below).
PRELIMINARY STATEMENT
The
_____________
BANK ONE, NA – WHEREOF, the parties hereto have caused this Mortgage to be duly executed, as of the day and year first above written.
ABX AIR, INC., as a Grantor
By
Name:
Title:
BANK ONE, NA , as Administrative Agent
By
Name:
Title:
Aircraft Mortgage and Security Agreement
ANNEX I
to
AIRCRAFT MORTGAGE AND
SECURITY AGREEMENT
Reference is hereby made to the Aircraft Mortgage and Security
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dt 1713667
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| 2003 |
Open-End Mortgage, Assignment of Rents and Security Agreement
Open-End Mortgage, Assignment of Rents and Security Agreement (65K)
Doc #128567: Click preview link for longer preview.
OPEN-END MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that GLIMCHER PROPERTIES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, with offices at 20 South Third
Street, Columbus, Ohio 43215 ("Borrower"), in consideration of the payments to
Borrower which BANK ONE, NA, a national banking association, having an office
and place of business at 100 East Broad Street, Columbus, Ohio 43271-0208
("Lender"), has made contemporaneously herewith or may hereafter make, does
hereby grant, bargain, sell and convey unto Lender, its successors and assigns
forever, certain real property situated in the State of Ohio, County of Ross,
and City of Chillicothe, being more fully described in Exhibit "A" hereto and by
this reference made a part hereof (the "Property"), together with the following,
to the extent now owned or hereafter acquired by Borrower: (a) all improvements
now or hereafter attached to or placed, erected, constructed or developed on the
Property (collectively the "Improvements"); (b) all fixtures, furnishings,
equipment, inventory, and other articles of personal property (collectively the
"Personal Property") that are now or hereafter attached to or used in or about
the Improvements or that are necessary or useful for the complete and
comfortable use and occupancy of the Improvements for the purposes for which
they were or are to be attached, placed, erected, constructed or developed or
that may be used in or related to the planning, development, financing or
operation of the Improvements, and all renewals of or replacements or
substitutions for any of the foregoing, whether or not the same are or shall be
attached to the Improvements or the Property; (c) all water and water rights,
timber, crops, and mineral interests pertaining to the Property; (d) all
building materials and equipment now or hereafter delivered to and intended to
be installed in or on the Improvements or the Property; (e) all plans and
specifications for the Improvements; (f) all contracts relating to the Property,
the Improvements or the Personal Property; (g) all deposits (including, without
limitation, tenants' security deposits), bank accounts, deposit accounts, funds,
documents, contract rights, accounts, commitments, construction agreements,
architectural agreements, payment intangibles, promissory notes, investment
property, letter of credit rights, supporting obligations, general intangibles
(including, without limitation, trademarks, trade names and symbols), tax
credits, instruments, notes and chattel paper arising from or by virtue of any
transactions related to the Property, the Improvements or the Personal Property
or relating directly or indirectly to the ownership, occupancy, use, operation,
and maintenance of the Property, Personal Property, and Improvements or the
construction of the Improvements; (h) all permits, licenses, franchises,
certificates, and other rights and privileges obtained in connection with the
Property, the Improvements or the Personal Property; (i) all proceeds arising
from or by virtue of the sale, lease or other disposition of the Property, the
Improvements, the Personal Property or any portion thereof or interest therein;
(j) all proceeds (including, without limitation, premium refunds) of each policy
of insurance relating to the Property, the Improvements or the Personal
Property; (k) all proceeds from the taking of any of the Property, the
Improvements, the Personal Property or any rights appurtenant thereto by right
of eminent domain or by private or other purchase in lieu thereof (including,
without limitation, change of grade of streets, curb cuts or other rights of
access), for any public or quasi public use under any law; (l) all right, title
and interest of Borrower in and to all streets, roads, public places, easements
and rights-of-way, existing or proposed, public or private, adjacent to or used
in connection with, belonging or pertaining to the Property; (m) all of the
leases, licenses, occupancy agreements, rents (including without limitation,
room rents), royalties, bonuses, issues, profits, revenues or other benefits of
the Property, the Improvements or the Personal
128567
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Bank One
As referenced in this Open-End Mortgage, Assignment of Rents and Security Agreement:
BANK ONE, NA – A DELAWARE LIMITED PARTNERSHIP, with offices at 20 South Third
Street, Columbus, Ohio 43215 ("Borrower"), in consideration of the payments to
Borrower which BANK ONE, NA , a national banking association, having an office
and place of business at 100 East Broad Street, Columbus, Ohio 43271-0208
("Lender"), has
_____________
Bank One, NA – the other party.
If to Borrower: Glimcher Properties Limited Partnership
20 South Third Street
Columbus, OH 43215
Attn: General Counsel
If to Lender: Bank One, NA
100 East Broad Street
Columbus, Ohio 43271-0208
Attn: David A. DeVictor,
Vice President
27. Holding Over. Should Borrower, after an Event
_____________
dt 99986
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| Glimcher Realty Trust
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Open-End Mortgage, Assignment of Rents and Security Agreement
Open-End Mortgage, Assignment of Rents and Security Agreement (65K)
Doc #845595: Click preview link for longer preview.
OPEN-END MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that GLIMCHER PROPERTIES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, with offices at 20 South Third
Street, Columbus, Ohio 43215 ("Borrower"), in consideration of the payments to
Borrower which BANK ONE, NA, a national banking association, having an office
and place of business at 100 East Broad Street, Columbus, Ohio 43271-0208
("Lender"), has made contemporaneously herewith or may hereafter make, does
hereby grant, bargain, sell and convey . . .
845595
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Bank One
As referenced in this Open-End Mortgage, Assignment of Rents and Security Agreement:
BANK ONE, NA – THESE PRESENTS, that GLIMCHER PROPERTIES LIMITED
PARTNERSHIP, A DELAWARE LIMITED PARTNERSHIP, with offices at 20 South Third
Street, Columbus, Ohio 43215 ("Borrower"), in consideration of the payments to
Borrower which BANK ONE, NA , a national banking association, having an office
and place of business at 100 East Broad Street, Columbus, Ohio 43271-0208
("Lender"), has made contemporaneously herewith or may hereafter make,
_____________
Bank One, NA – giving of thirty (30) days' notice to the other party.
If to Borrower: Glimcher Properties Limited Partnership
20 South Third Street
Columbus, OH 43215
Attn: General Counsel
If to Lender: Bank One, NA
100 East Broad Street
Columbus, Ohio 43271-0208
Attn: David A. DeVictor,
Vice President
27. Holding Over. Should Borrower, after an Event of Default,
continue in possession of the
_____________
dt 1374181
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| 2000 |
Redevelopment Agreement
Redevelopment Agreement (154K)
Doc #1217472: Click preview link for longer preview.
Deer Run Industrial Park Economic Development Project Area
Redevelopment Agreement
By And Between
The Village of Elwood,
Will County, Illinois
and
CenterPoint Intermodal LLC and CenterPoint Realty
Services, Inc.
Dated as of August 1, . . .
1217472
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Bank One
As referenced in this Redevelopment Agreement:
Bank One,
Na – Area) (the "Economic Development Plan") attached hereto as
EXHIBIT B, and the Annexation Agreement, each as amended from time to time.
F. ESCROW AGREEMENT: The Village, the Developer, CRS, and Bank One,
Na tional Association, as Escrow Agent have entered into that certain Deer Run
Industrial Park Economic Development Area TIF Fund Escrow Agreement dated as of
August 1, 2000, pursuant to which
_____________
Bank One, Na – Notes or directly
with Incremental Taxes pursuant to the Act and in accordance with this
Redevelopment Agreement.
"TIF ORDINANCES" shall have the meaning given thereto in the Preambles.
"TRUSTEE" means Bank One, Na tional Association, as Trustee under that
certain Trust Indenture to be entered into by the Village and such Trustee
concerning the TIF Notes.
"VILLAGE ADMINISTRATIVE COSTS" shall have the meaning
_____________
Bank One, Na – shall give in writing to all other notice parties herein:
<TABLE>
<CAPTION>
<S> <C>
If to the Escrow
Agent or the Trustee: Bank One, Na tional Association
1 Bank One Plaza, Suite IL1-0126
Chicago, Illinois
Attention: Global Corporate Trust Services
If to DCCA: Illinois Department of Commerce and
Community Affairs
620 East Adams Street
_____________
Bank One, Na – that certain Deer Run Industrial Park Economic Development Area TIF Fund
Escrow Agreement dated as of August 1, 2000 (the "TIF Fund Escrow Agreement")
among Developer, CRS, the Village and Bank One, Na tional Association, as Escrow
Agent, and (c) the provision of tax increment financing assistance to the
Developer and CRS from the Village relating to the redevelopment of certain land
and
_____________
Bank
One, Na – that certain Deer Run Industrial Park
Economic Development Area TIF Fund Escrow Agreement dated as of August 1, 2000
(the "TIF Fund Escrow Agreement") among Developer, CRS, the Village and Bank
One, Na tional Association, as Escrow Agent, (d) two separate Revenue Obligation
Loan Agreements, each dated as of August 1, 2000 (collectively, the "DCCA Loan
Agreement") between the Village and the Illinois
_____________
dt 1375027
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CenterPoint
As referenced in this Redevelopment Agreement:
CenterPoint Properties Trust, – thereto in the
Escrow Agreement.
"ANNEXATION AGREEMENT" means the annexation agreement dated June 12,
2000, and recorded July 17, 2000 as Document No. R2000076002 among the Village,
the Developer, CRS, CenterPoint Properties Trust, and the United States of
America (acting by and through the Secretary of the Army, Department of the
Army) covering the Property.
"AUTHORIZED DEVELOPER REPRESENTATIVE" means any officer or
_____________
CenterPoint Properties Trust – means Lehman Brothers, Inc. or its successor under
the Indenture.
3
<PAGE>
"CENTERPOINT SUPPORT AGREEMENT" means that certain Standby Purchase
Agreement dated as of August 1, 2000 between CenterPoint Properties Trust and
DCCA and acknowledged and agreed to by the Village, as now or hereafter amended
or supplemented.
"CERTIFICATE" means the Certificate of Completion of Construction
described in SECTION 7.01.
"
_____________
CenterPoint Properties Trust – which represents such advance, all as set forth in more detail in
the Indenture.
(i) The TIF Note(s) may be held by one or more business
entities formed by CenterPoint Properties Trust or an Affiliate or subsidiary
thereof and/or one or more other investors, provided that any such investor
shall be either: (a) an Accredited Investor (as defined in Rule 501
_____________
CenterPoint Properties Trust – opinion based on such firm's
standard hourly rates and such fees and expenses shall not exceed $40,000.
5.05 SEC FILINGS. CenterPoint shall provide the Village with any
CenterPoint Properties Trust filings with the Securities and Exchange Commission
(SEC) as and when such filings, if any, are available.
5.06 CORPORATE DOCUMENTS. On the Closing Date, the Developer shall
provide a
_____________
CenterPoint Properties Trust – to cure such failure, but the
aggregate additional cure period under this SUBPARAGRAPH (b) shall not exceed an
additional one hundred and twenty (120) days; or
(c) the failure of CenterPoint Properties Trust to execute and deliver
the CenterPoint Support Agreement; or
(d) the failure of the Developer to perform, keep or observe any of the
material covenants, conditions, promises, agreements or obligations
_____________
dt 1396211
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Lehman Brothers
As referenced in this Redevelopment Agreement:
Lehman Brothers, Inc – with the priorities established in
Section 3.3 hereof.
"BASE WATER AND SEWER SYSTEM" shall have the meaning given thereto in
Section 27 of the Annexation Agreement.
"CALCULATION AGENT" means Lehman Brothers, Inc . or its successor under
the Indenture.
3
<PAGE>
"CENTERPOINT SUPPORT AGREEMENT" means that certain Standby Purchase
Agreement dated as of August 1, 2000 between CenterPoint Properties Trust
_____________
dt 1512608
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