Acknowledgment of Security Interests. Borrower hereby acknowledges, confirms and agrees that Agent, for the benefit of itself and Lenders, has and shall continue to have valid, enforceable and perfected liens upon and security interests in the Collateral and all other assets and properties of Borrower upon or in which Agent, for the benefit of Lenders, has been granted or holds a lien or security interest.
Appears in 4 contracts
Samples: Forbearance Agreement (Trailer Bridge Inc), Forbearance Agreement (Trailer Bridge Inc), Forbearance Agreement (Trailer Bridge Inc)
Acknowledgment of Security Interests. Each Borrower hereby acknowledges, confirms and agrees that Agent, for the benefit of itself and Lenders, Agent has and shall continue to have valid, enforceable and perfected first-priority liens upon and security interests in the Collateral and all other assets and properties of Borrower upon or in which heretofore granted to Agent, for the benefit of Agent and Lenders, has been pursuant to the Credit Agreement, the Guaranty and Collateral Agreement and the other Loan Documents or otherwise granted to or holds a lien or security interestheld by Agent, for the benefit of Agent and Lenders, subject only to Permitted Liens.
Appears in 2 contracts
Samples: Forbearance Agreement and Credit Agreement (Clark Holdings Inc.), Amendment and Forbearance Agreement (Clark Holdings Inc.)
Acknowledgment of Security Interests. Borrower hereby acknowledges, confirms and agrees that AgentAgent has, for the benefit of itself and Lenders, has and shall will continue to have have, valid, enforceable and perfected first-priority continuing liens upon and security interests in the Collateral and all other assets and properties of Borrower upon or in which heretofore granted to Agent, for the benefit of Agent and Lenders, has been pursuant to the Loan Agreement and the other Loan Documents or otherwise granted to or holds a lien or security interestheld by Agent, for the benefit of Agent and Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Enphase Energy, Inc.), Credit Agreement (Enphase Energy, Inc.)
Acknowledgment of Security Interests. Borrower Borrowers hereby acknowledgesacknowledge, confirms confirm and agrees agree that Agent, for the benefit of itself and Lenders, Agent has and shall continue to have valid, enforceable and perfected liens upon and security interests in the Collateral and all other assets and properties of Borrower upon heretofore granted to Agent pursuant to the Loan Documents or in which otherwise granted to or held by Agent, for the benefit of Lenders, has been granted or holds a lien or security interest.
Appears in 2 contracts
Samples: Credit Agreement (Jaco Electronics Inc), Consent to Supplemental Loan (Jaco Electronics Inc)
Acknowledgment of Security Interests. Each Borrower hereby acknowledges, confirms and agrees that Agent, for the benefit of itself and Lenders, Agent has and shall continue to have valid, enforceable and perfected first-priority liens upon and security interests in the Collateral and all other assets and properties of Borrower upon or in which heretofore granted to Agent, for the benefit of Agent and Lenders, has been pursuant to the Loan Agreement and the Loan Documents or otherwise granted to or holds a lien or security interestheld by Agent, for the benefit of Agent and Lenders, subject only to Permitted Liens and the terms of the Secured Bond Intercreditor Agreement.
Appears in 2 contracts
Samples: Forbearance Extension (Neenah Foundry Co), Loan and Security Agreement (Neenah Foundry Co)
Acknowledgment of Security Interests. Borrower hereby acknowledges, confirms and agrees that Agent, for the benefit of itself and Lenders, Agent has and shall continue to have valid, enforceable and perfected first-priority liens upon and security interests in the Collateral and all other assets and properties of Borrower upon or in which heretofore granted to Agent, for the benefit of Agent and Lenders, has been subject only to Permitted Liens with priority over the liens granted to Agent under applicable law, pursuant to the Credit Agreement and the Loan Documents or holds a lien otherwise granted to or security interestheld by Agent, for the benefit of Agent and Lenders.
Appears in 1 contract
Acknowledgment of Security Interests. Each Borrower hereby acknowledges, confirms and agrees that Agent, for the benefit of itself and Lenders, has and shall continue to have valid, enforceable and perfected first-priority liens upon and security interests in all of the Collateral real and all other assets personal property of each Borrower and properties of Borrower upon each Guarantor heretofore granted to Agent pursuant to the Loan Agreement and the Other Agreements or in which otherwise granted to or held by Agent, for the benefit of Lenders, has been granted or holds a lien or security interestsubject only to Permitted Liens.
Appears in 1 contract
Samples: Forbearance Agreement and Loan and Security Agreement (Wabash National Corp /De)
Acknowledgment of Security Interests. Each Borrower hereby acknowledges, confirms and agrees that Agent, for the benefit of itself and Lenders, has and shall continue to have valid, enforceable and perfected liens upon and security interests in the Collateral and all other assets and properties of Borrower upon or in which Agent, for the benefit of Lenders, has been has, and shall continue to have, valid, enforceable and perfected security interests in and liens upon the Collateral heretofore granted to Agent and Lenders pursuant to the Financing Agreements or holds a lien otherwise granted to or security interestheld by Agent and Lenders.
Appears in 1 contract
Samples: Forbearance and Amendment Agreement (Universal Automotive Industries Inc /De/)
Acknowledgment of Security Interests. The Borrower hereby acknowledges, confirms and agrees that Agent, for the benefit of itself and Lenders, Agent has and shall continue to have valid, enforceable and perfected first-priority liens upon and security interests in the Collateral and all other assets and properties of Borrower upon collateral heretofore granted to Agent pursuant to the Loan Documents or in which otherwise granted to or held by the Agent, for the benefit of Lenders, has been granted or holds a lien or security interest.
Appears in 1 contract
Acknowledgment of Security Interests. Borrower hereby acknowledges, confirms and agrees that Agent, for the benefit of itself and Lenders, Agent has and shall continue to have valid, enforceable enforceable, perfected (except to the extent not required to be perfected in accordance with the terms of the Loan Documents) and perfected liens unavoidable first-priority Liens (subject only to Permitted Liens) upon and security interests in the Collateral and all other assets and properties of Borrower upon collateral granted to Agent pursuant to the Loan Documents or in which otherwise granted to or held by Agent, for the benefit of Lenders, has been granted or holds a lien or security interest.
Appears in 1 contract
Samples: Forbearance Agreement (THQ Inc)
Acknowledgment of Security Interests. Borrower Borrowers and Guarantor hereby acknowledgesacknowledge, confirms confirm and agrees agree that Agent, for itself and the ratable benefit of itself and Lenders, has and shall continue to have valid, enforceable and perfected liens upon and security interests in the Collateral and all other assets and properties of Borrower upon or in which Borrowers and Guarantor heretofore granted to Agent, for the ratable benefit of Lenders, has been pursuant to the Financing Agreements or otherwise granted to or holds a lien or security interestheld by Agent.
Appears in 1 contract
Samples: Loan and Security Agreement (HyperSpace Communications, Inc.)
Acknowledgment of Security Interests. Each Borrower hereby acknowledges, confirms and agrees that Agent, for the benefit of itself and Lenders, has and shall continue to have valid, enforceable and perfected first-priority liens upon and security interests in all of the Collateral real and all other assets personal property of each Borrower and properties of Borrower upon each Guarantor heretofore granted to Agent pursuant to the Loan Agreement and the Loan Documents or in which otherwise granted to or held by Agent, for the benefit of Lenders, has been granted or holds a lien or security interestsubject only to Permitted Liens.
Appears in 1 contract
Acknowledgment of Security Interests. Borrower hereby acknowledges, confirms confirms, and agrees that Agentthat, for the benefit of itself other than with respect to Term Debt Collateral, Agent has, and Lenders, has and shall will continue to have have, valid, enforceable enforceable, and perfected first-priority continuing liens upon and security interests in the Collateral and all other assets and properties of Borrower upon or in which heretofore granted to Agent, for the benefit of Agent and Lenders, has been pursuant to the Security Agreement and the other Loan Documents or otherwise granted to or holds a lien or security interestheld by Agent, for the benefit of Agent and Lenders.
Appears in 1 contract
Samples: Forbearance Agreement and Amendment No. 3 to Debtor in Possession Credit Agreement