Acknowledgements of Parties. If Pledgor shall, as a result of its ownership of the Pledged Interests, become entitled to receive or shall receive any new or additional membership or stock certificate (including, without limitation, any certificate representing a dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights, whether in addition to, in substitution of, as a conversion of, or in exchange for any shares of the Pledged Interests, or otherwise in respect thereof, Pledgor shall accept the same as Lender’s agent, hold the same in trust for Lender and promptly deliver the same forthwith to Lender in the exact form received, duly endorsed by Pledgor to Lender, if required, together with an undated regular membership interest power covering such certificate duly executed in blank and with, if Lender so requests, signature guaranteed, to be held by Lender hereunder as additional security for the obligations. Until the obligations are indefeasibly paid and performed in full, any sums paid to Pledgor upon or in respect of the Pledged Interests upon the liquidation or dissolution of the Pledged Entities shall be paid over to Lender to be held by it hereunder as additional security for the Obligations, and in case any distribution of capital shall be made on or in respect of the Pledged Interests or any property shall be distributed upon or with respect to the Pledged Interests pursuant to the recapitalization or reclassification of the capital of Borrower or pursuant to the reorganization thereof, the property so distributed shall be delivered to Lender to be held by it, subject to the terms hereof, as additional security for the Obligations. If any sums of money or property so paid or distributed in respect of the Pledged Interests shall be received by Pledgor, Pledgor shall, until such money or property is paid or delivered to Lender, hold such money or property in trust for Lender, segregated from other funds of Pledgor, as additional security for the Obligations.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Heritage Global Inc.), Pledge and Security Agreement (Heritage Global Inc.)
Acknowledgements of Parties. If Pledgor shall, as a result of its ownership of the Pledged Company Interests, become entitled to receive or shall receive any new or additional regular membership or stock certificate (including, without limitation, any certificate representing a dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights, whether in addition to, in substitution of, as a conversion of, or in exchange for any shares of the Pledged Company Interests, or otherwise in respect thereof, Pledgor shall accept the same as Lender’s agent, hold the same in trust for Lender and promptly deliver the same forthwith to Lender in the exact form received, duly endorsed by Pledgor to Lender, if required, together with an undated regular membership interest power covering such certificate duly executed in blank and with, if Lender so requests, signature guaranteed, to be held by Lender hereunder as additional security for the obligationsGuaranteed Obligations. Until the obligations are indefeasibly paid and performed in full, any Any sums paid to Pledgor upon or in respect of the Pledged Company Interests upon the liquidation or dissolution of the Pledged Entities Borrower shall be paid over to Lender to be held by it hereunder as additional security for the Guaranteed Obligations, and in case any distribution of capital shall be made on or in respect of the Pledged Company Interests or any property shall be distributed upon or with respect to the Pledged Company Interests pursuant to the recapitalization or reclassification of the capital of Borrower or pursuant to the reorganization thereof, the property so distributed shall be delivered to Lender to be held by it, subject to the terms hereof, as additional security for the Guaranteed Obligations. If any sums of money or property so paid or distributed in respect of the Pledged Company Interests shall be received by Pledgor, Pledgor shall, until such money or property is paid or delivered to Lender, hold such money or property in trust for Lender, segregated from other funds of Pledgor, as additional security for the Guaranteed Obligations.
Appears in 2 contracts
Samples: Pledge Agreement, Pledge Agreement (Net Element International, Inc.)
Acknowledgements of Parties. (a) If Pledgor shall, as a result of its ownership of the Pledged Equity Interests, become entitled to receive or shall receive any new limited liability company certificate or additional membership or stock partnership certificate (including, without limitation, including any certificate representing a dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights, whether in addition to, in substitution of, as a conversion of, or in exchange for any shares of the Pledged Equity Interests, or otherwise in respect thereof, Pledgor shall accept the same as Lenderthe Collateral Agent’s agent, hold the same in trust for Lender the Collateral Agent and promptly deliver the same forthwith to Lender the Collateral Agent in the exact form received, duly endorsed by Pledgor to Lender, if requiredthe Collateral Agent, together with an undated regular membership limited liability company or partnership interest power power, as applicable, covering such certificate duly executed in blank and with, if Lender so requests, signature guaranteedblank, to be held by Lender the Collateral Agent hereunder as additional security for the obligationsObligations. Until the obligations are indefeasibly paid and performed in full, any Any sums paid to Pledgor upon or in respect of the Pledged Equity Interests upon the liquidation or dissolution of the Pledged Entities Issuer shall be paid over to Lender the Collateral Agent to be held by it hereunder as additional security for the Obligations, and in case any distribution of capital shall be made on or in respect of the Pledged Equity Interests or any property shall be distributed upon or with respect to the Pledged Equity Interests pursuant to the recapitalization or reclassification of the capital of Borrower Issuer or pursuant to the reorganization thereof, the property so distributed shall be delivered to Lender the Collateral Agent to be held by it, subject to the terms hereof, as additional security for the Obligations. If any sums of money or property so paid or distributed in respect of the Pledged Equity Interests shall be received by Pledgor, Pledgor shallshall deliver the same to the Collateral Agent and, until such money or property is paid or delivered to Lenderthe Collateral Agent, hold such money or property in trust for Lenderthe Collateral Agent, segregated from other funds of Pledgor, as additional security for the Obligations.
Appears in 2 contracts
Samples: Note Purchase Agreement (Sotherly Hotels Lp), Pledge and Security Agreement (Sotherly Hotels Lp)
Acknowledgements of Parties. If Pledgor shall, as a result of its ownership of the Pledged InterestsSecurities, become entitled to receive or shall receive any new or additional membership or stock limited liability company certificate (including, without limitation, any certificate representing a dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights, whether in addition to, in substitution of, as a conversion of, or in exchange for any certificates or shares of representing the Pledged InterestsSecurities, or otherwise in respect thereof, Pledgor shall accept the same as Lender’s agent, hold the same in trust for Lender and promptly deliver the same forthwith to Lender in the exact form received, duly endorsed by Pledgor to Lender, if required, together with an undated regular membership interest limited liability company power covering such certificate duly executed in blank and with, if Lender so reasonably requests, signature guaranteed, to be held by Lender hereunder as additional security for the obligationsDebt. Until the obligations are indefeasibly paid and performed in full, any Any sums paid to Pledgor upon or in respect of the Pledged Interests Securities upon the liquidation or dissolution of the Pledged Entities Sixth Mezzanine Borrower shall be paid over to Lender to be held by it hereunder as additional security for the ObligationsDebt in accordance with the applicable terms of the Loan Agreement, and in case any distribution of capital shall be made on or in respect of any of the Pledged Interests Securities or any property shall be distributed upon or with respect to any of the Pledged Interests Securities pursuant to the recapitalization or reclassification of the capital of Sixth Mezzanine Borrower or pursuant to the reorganization thereof, the property so distributed shall be delivered to Lender to be held by it, subject to the terms hereof, as additional security for the ObligationsDebt. If any sums of money or property so paid or distributed in respect of the Pledged Interests Securities shall be received by Pledgor, Pledgor shall, until such money or property is paid or delivered to Lender, hold such money or property in trust for Lender, segregated from other funds of Pledgor, as additional security for the ObligationsDebt.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Hcp, Inc.), Pledge and Security Agreement (Hcp, Inc.)
Acknowledgements of Parties. If Pledgor shall, as a result of its ownership of the Pledged Interests, become entitled to receive or shall receive any new or additional membership or stock certificate (including, without limitation, any certificate representing a dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights, whether in addition to, in substitution of, as a conversion of, or in exchange for any shares of the Pledged Interests, or otherwise in respect thereof, Pledgor shall accept the same as LenderXxxxxx’s agent, hold the same in trust for Lender Xxxxxx and promptly deliver the same forthwith to Lender in the exact form received, duly endorsed by Pledgor to Lender, if required, together with an undated regular membership interest power covering such certificate duly executed in blank and with, if Lender so requests, signature guaranteed, to be held by Lender hereunder as additional security for the obligations. Until the obligations are indefeasibly paid and performed in full, any sums paid to Pledgor upon or in respect of the Pledged Interests upon the liquidation or dissolution of the Pledged Entities shall be paid over to Lender to be held by it hereunder as additional security for the Obligations, and in case any distribution of capital shall be made on or in respect of the Pledged Interests or any property shall be distributed upon or with respect to the Pledged Interests pursuant to the recapitalization or reclassification of the capital of Borrower or pursuant to the reorganization thereof, the property so distributed shall be delivered to Lender to be held by it, subject to the terms hereof, as additional security for the Obligations. If any sums of money or property so paid or distributed in respect of the Pledged Interests shall be received by Pledgor, Pledgor shall, until such money or property is paid or delivered to Lender, hold such money or property in trust for Lender, segregated from other funds of Pledgor, as additional security for the Obligations.
Appears in 2 contracts
Samples: Pledge and Security Agreement Loan # (Heritage Global Inc.), Pledge and Security Agreement Loan # (Heritage Global Inc.)
Acknowledgements of Parties. If Pledgor shall, as a result of its ownership of the Pledged Company Interests, become entitled to receive or shall receive any new or additional membership or stock limited liability company certificate (including, without limitation, any certificate representing a dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights, whether in addition to, in substitution of, as a conversion of, or in exchange for any shares of the Pledged Company Interests, or otherwise in respect thereof, Pledgor shall accept the same as LenderAgent’s agent, hold the same in trust for Lender Agent and promptly deliver the same forthwith to Lender Agent in the exact form received, duly endorsed by Pledgor to LenderAgent, if required, together with an undated regular membership limited liability company interest power covering such certificate duly executed in blank and with, if Lender Agent so requests, signature guaranteed, to be held by Lender Agent hereunder as additional security for the obligationsDebt. Until the obligations are indefeasibly paid and performed in full, any Any sums paid to Pledgor upon or in respect of the Pledged Company Interests upon the liquidation or dissolution of the Pledged Entities GA Tech Owner shall be paid over to Lender Agent to be held by it hereunder as additional security for the ObligationsDebt, and in case any distribution of capital shall be made on or in respect of the Pledged Company Interests or any property shall be distributed upon or with respect to the Pledged Company Interests pursuant to the recapitalization or reclassification of the capital of Borrower GA Tech Owner or pursuant to the reorganization thereof, the property so distributed shall be delivered to Lender Agent to be held by it, subject to the terms hereof, as additional security for the ObligationsDebt. If any sums of money or property so paid or distributed in respect of the Pledged Company Interests shall be received by Pledgor, Pledgor shallshall deliver the same to Agent and, until such money or property is paid or delivered to LenderAgent, hold such money or property in trust for LenderAgent, segregated from other funds of Pledgor, as additional security for the ObligationsDebt.
Appears in 1 contract
Samples: Security Agreement (Hospitality Investors Trust, Inc.)
Acknowledgements of Parties. If Pledgor the Pledgors shall, as a result of its their ownership of the Pledged InterestsCollateral, become entitled to receive or shall receive any new regular, preferred or additional any other membership or stock certificate partnership certificate, as applicable (including, without limitation, any certificate representing a dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights, whether in addition to, in substitution of, as a conversion of, or in exchange for any shares shares, units, interest or other beneficial ownership interest of the Pledged Interests, or otherwise in respect thereof, Pledgor Pledgors shall accept the same as Lender’s Agent's agent, hold the same in trust for Lender Agent and promptly deliver the same forthwith to Lender Agent in the exact form received, duly endorsed by Pledgor Pledgors to LenderAgent, if required, together with an undated regular regular, preferred or any other membership interest or general partnership interest, as applicable, power covering such certificate duly executed in blank and with, if Lender Agent so requests, signature guaranteed, to be held by Lender Agent hereunder as additional security for the obligationsDebt. Until the obligations are indefeasibly paid and performed in full, any Any sums paid to Pledgor upon or in respect of the Pledged Interests Collateral upon the liquidation or dissolution of any of the Pledged Entities Borrowers shall be paid over to Lender Agent to be held by it hereunder as additional security for the ObligationsLoan, and in case any distribution of capital shall be made on or in respect of the Pledged Interests Collateral or any property shall be distributed upon or with respect to the Pledged Interests Collateral pursuant to the recapitalization or reclassification of the capital of Borrower any of the Pledged Borrowers or pursuant to the reorganization thereof, the property so distributed shall be delivered to Lender Agent to be held by it, subject to the terms hereof, as additional security for the ObligationsLoan. If any sums of money or property so paid or distributed in respect of the Pledged Interests Collateral shall be received by any Pledgor, such Pledgor shall, until such money or property is paid or delivered to LenderAgent, hold such money or property in trust for LenderAgent, segregated from other funds of such Pledgor, as additional security for the ObligationsLoan.
Appears in 1 contract
Samples: Pledge and Security Agreement (Shelbourne Properties I Inc)
Acknowledgements of Parties. If Pledgor Borrower shall, as a result of its ownership of the Pledged Interests, become entitled to receive or shall receive any new an ownership or additional membership or stock equity certificate (including, without limitation, any certificate representing a dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights, whether in addition to, in substitution of, as a conversion of, or in exchange for any shares of the Pledged Interests, or otherwise in respect thereof, Pledgor Borrower shall accept the same as Lender’s agent, hold the same in trust for Lender and promptly deliver the same forthwith to Lender in the exact form received, duly endorsed by Pledgor Borrower to Lender, if required, together with an undated regular membership ownership interest power covering such certificate duly executed in blank and with, if Lender so requests, signature guaranteed, to be held by Lender hereunder as additional security for the obligationsDebt. Until the obligations are indefeasibly paid and performed in full, any Any sums paid to Pledgor upon or in respect of the Pledged Interests upon the liquidation or dissolution of the Pledged Entities any Issuer shall be paid over to Lender to be held by it hereunder as additional security for the ObligationsDebt, and in case any distribution of capital shall be made on or in respect of the Pledged Interests or any property shall be distributed upon or with respect to the Pledged Interests pursuant to the recapitalization or reclassification of the capital of Borrower any Issuer or pursuant to the reorganization thereof, the property so distributed shall be delivered to Lender to be held by it, subject to the terms hereof, as additional security for the ObligationsDebt. If any sums of money or property so paid or distributed in respect of the Pledged Interests shall be received by PledgorBorrower, Pledgor Borrower shall, until such money or property is paid or delivered to Lender, hold such money or property in trust for Lender, segregated from other funds of PledgorBorrower, as additional security for the ObligationsDebt.
Appears in 1 contract
Samples: Pledge and Security Agreement (CNL Healthcare Trust, Inc.)
Acknowledgements of Parties. If Pledgor Borrower shall, as a result of its ownership of the Pledged Interests, become entitled to receive or shall receive any new a limited partnership certificate or additional a membership or stock certificate in GP Pledgor (including, without limitation, any certificate representing a dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights, whether in addition to, in substitution of, as a conversion of, or in exchange for any shares of the Pledged Interests, or otherwise in respect thereof, Pledgor Borrower shall accept the same as Lender’s agent, hold the same in trust for Lender and promptly deliver the same forthwith to Lender in the exact form received, duly endorsed by Pledgor Borrower to Lender, if required, together with an undated regular membership interest power covering such certificate duly executed in blank and with, if Lender so requests, signature guaranteed, to be held by Lender hereunder as additional security for the obligationsDebt. Until the obligations are indefeasibly paid and performed in full, any Any sums paid to Pledgor upon or in respect of the Pledged Interests upon the liquidation or dissolution of the Pledged Entities Mortgage Borrower shall be paid over to Lender to be held by it hereunder as additional security for the ObligationsDebt, and in case any distribution of capital shall be made on or in respect of the Pledged Interests or any property shall be distributed upon or with respect to the Pledged Interests pursuant to the recapitalization or reclassification of the capital of Mortgage Borrower or pursuant to the reorganization thereof, the property so distributed shall be delivered to Lender to be held by it, subject to the terms hereof, as additional security for the ObligationsDebt. If any sums of money or property so paid or distributed in respect of the Pledged Interests shall be received by PledgorBorrower, Pledgor Borrower shall, until such money or property is paid or delivered to Lender, hold such money or property in trust for Lender, segregated from other funds of PledgorBorrower, as additional security for the ObligationsDebt.
Appears in 1 contract
Samples: Pledge and Security Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Acknowledgements of Parties. If Pledgor shall, as a result of its ownership of the Pledged Interests, become entitled to receive or shall receive any new or additional membership or stock certificate (including, without limitation, any certificate representing a dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights, whether in addition to, in substitution of, as a conversion of, or in exchange for any shares of the Pledged Interests, or otherwise in respect thereof, Pledgor shall accept the same as LenderAgent’s agent, hold the same in trust for Lender and Agent and promptly deliver the same forthwith to Lender Agent in the exact form received, duly endorsed by Pledgor to LenderAgent, if required, together with an undated regular membership interest stock power covering such certificate duly executed in blank and with, if Lender Agent so requests, signature guaranteed, to be held by Lender or Agent hereunder as additional security for the obligationsObligations. Until the obligations Obligations are indefeasibly paid and performed in full, any sums paid to Pledgor upon or in respect of the Pledged Interests upon the liquidation or dissolution of the Pledged Entities Borrower shall be paid over to Lender Agent to be held by it or Lender hereunder as additional security for the Obligations, and in case any distribution of capital shall be made on or in respect of the Pledged Interests or any property shall be distributed upon or with respect to the Pledged Interests pursuant to the recapitalization or reclassification of the capital of Borrower or pursuant to the reorganization thereof, the property so distributed shall be delivered to Lender Agent to be held by itit or Lender, subject to the terms hereof, as additional security for the Obligations. If any sums of money or property so paid or distributed in respect of the Pledged Interests shall be received by Pledgor, Pledgor shall, until such money or property is paid or delivered to LenderAgent, hold such money or property in trust for LenderLender and Agent, segregated from other funds of Pledgor, as additional security for the Obligations.
Appears in 1 contract
Samples: Pledge and Security Agreement (Allegiant Travel CO)
Acknowledgements of Parties. If Pledgor Borrower shall, as a result of its ownership of the Pledged Interests, become entitled to receive or shall receive any new or additional a membership or stock certificate (including, without limitation, any certificate representing a dividend distribution or a distribution dividend in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights, whether in addition to, in substitution of, as a conversion of, or in exchange for any shares of the Pledged Interests, or otherwise in respect thereof, Pledgor Borrower shall accept the same as Lender’s agent, hold the same in trust for Lender and promptly deliver the same forthwith to Lender in the exact form received, duly endorsed by Pledgor Borrower to Lender, if required, together with an undated regular membership interest power covering such certificate duly executed in blank and with, if Lender so requests, signature guaranteed, to be held by Lender hereunder as additional security for the obligationsDebt. Until the obligations are indefeasibly paid and performed in full, any Any sums paid to Pledgor upon or in respect of the Pledged Interests upon the liquidation or dissolution of the Pledged Entities Mortgage Borrower shall be paid over to Lender to be held by it hereunder as additional security for the ObligationsDebt, and in case any distribution of capital shall be made on or in respect of the Pledged Interests or any property shall be distributed upon or with respect to the Pledged Interests pursuant to the recapitalization or reclassification of the capital of Mortgage Borrower or pursuant to the reorganization thereof, the property so distributed shall be delivered to Lender to be held by it, subject to the terms hereof, as additional security for the ObligationsDebt. If any sums of money or property so paid or distributed in respect of the Pledged Interests shall be received by PledgorBorrower, Pledgor Borrower shall, until such money or property is paid or delivered to Lender, hold such money or property in trust for Lender, segregated from other funds of PledgorBorrower, as additional security for the ObligationsDebt.
Appears in 1 contract
Samples: Management Agreement (Piedmont Office Realty Trust, Inc.)
Acknowledgements of Parties. If Pledgor shall, as a result of its ownership of the Pledged Interests, become entitled to receive or shall receive any new or additional membership or stock certificate or partnership or limited liability company certificate, as applicable (including, without limitation, any certificate representing a dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights, whether in addition to, in substitution of, as a conversion of, or in exchange for any shares of the Pledged Interests, or otherwise in respect thereof, Pledgor shall accept the same as LenderSecured Party’s agent, hold the same in trust for Lender Secured Party and promptly deliver the same forthwith to Lender Secured Party in the exact form received, duly endorsed by Pledgor to LenderSecured Party, if required, together with an undated regular membership interest limited liability company transfer power covering such certificate duly executed in blank and with, if Lender Secured Party so requests, signature guaranteed, to be held by Lender Secured Party hereunder as additional security for the obligationsObligations. Until the obligations are indefeasibly paid and performed in full, any Any sums paid to Pledgor upon or in respect of the Pledged Interests upon the liquidation or dissolution of the Pledged Entities either PropCo shall be paid over to Lender Secured Party to be held by it hereunder as additional security for the Obligations, and in case any distribution of capital shall be made on or in respect of the Pledged Interests or any property shall be distributed upon or with respect to the Pledged Interests pursuant to the recapitalization or reclassification of the capital of Borrower either PropCo or pursuant to the reorganization thereof, the property so distributed shall be delivered to Lender Secured Party to be held by it, subject to the terms hereof, as additional security for the Obligations. If any sums of money or property so paid or distributed in respect of the Pledged Interests shall be received by Pledgor, Pledgor shall, until such money or property is paid or delivered to LenderSecured Party, hold such money or property in trust for Lenderthe benefit of Secured Party, segregated from other funds of Pledgor, as additional security for the Obligations.
Appears in 1 contract
Acknowledgements of Parties. If Pledgor shall, as a result of its ownership of the Pledged Company Interests, become entitled to receive or shall receive any new or additional membership or stock limited liability company certificate (including, without limitation, any certificate representing a dividend or a distribution in connection with any reclassification, increase or reduction of capital or any certificate issued in connection with any reorganization), option or rights, whether in addition to, in substitution of, as a conversion of, or in exchange for any shares of the Pledged Company Interests, or otherwise in respect thereof, Pledgor shall accept the same as LenderAgent’s agent, hold the same in trust for Lender Agent and promptly deliver the same forthwith to Lender Agent in the exact form received, duly endorsed by Pledgor to LenderAgent, if required, together with an undated regular membership limited liability company interest power covering such certificate duly executed in blank and with, if Lender Agent so requests, signature guaranteed, to be held by Lender Agent hereunder as additional security for the obligationsDebt. Until the obligations are indefeasibly paid and performed in full, any Any sums paid to Pledgor upon or in respect of the Pledged Company Interests upon the liquidation or dissolution of the Pledged Entities GA Tech Lessee shall be paid over to Lender Agent to be held by it hereunder as additional security for the ObligationsDebt, and in case any distribution of capital shall be made on or in respect of the Pledged Company Interests or any property shall be distributed upon or with respect to the Pledged Company Interests pursuant to the recapitalization or reclassification of the capital of Borrower GA Tech Lessee or pursuant to the reorganization thereof, the property so distributed shall be delivered to Lender Agent to be held by it, subject to the terms hereof, as additional security for the ObligationsDebt. If any sums of money or property so paid or distributed in respect of the Pledged Company Interests shall be received by Pledgor, Pledgor shallshall deliver the same to Agent and, until such money or property is paid or delivered to LenderAgent, hold such money or property in trust for LenderAgent, segregated from other funds of Pledgor, as additional security for the ObligationsDebt.
Appears in 1 contract
Samples: Security Agreement (Hospitality Investors Trust, Inc.)