Additional Collateral Documents. In the event that any Subsidiary becomes a Guarantor after the Closing Date pursuant to subsections (a) or (b) of this Section 6.12, promptly (and in any event, with respect to any Domestic Subsidiary, within thirty (30) days, and, with respect to any Foreign Subsidiary, within sixty (60) days, in each case, which period may extended by the Administrative Agent in its sole discretion) cause (i) each such Subsidiary to (A) if such Subsidiary is a Domestic Subsidiary and in fact has one or more Subsidiaries, become a party to the Pledge Agreement by executing and delivering to the Administrative Agent a Pledge Joinder Agreement or such other document as the Administrative Agent shall deem appropriate for such purpose and comply with the requirements therein, and (B) deliver to the Administrative Agent documents of the types referred to in clauses (v) and (vi) of Section 4.01(a) and, if requested by the Administrative Agent, favorable opinions of counsel to such Person (which shall cover, among other things, the legality, validity, binding effect and enforceability of the documentation required to entered into by such Subsidiary pursuant to this Section 6.12), and (ii) each owner of the Equity Interests of such Subsidiary (if such owner is WFS or any of its Domestic Subsidiaries that is a Guarantor) shall deliver a Pledge Agreement Supplement or Pledge Joinder Agreement, as applicable, pursuant to which such owner shall pledge its then owned Pledged Interests in such Subsidiary, in the case of each of clauses (i) and (ii) in form, content and scope reasonably satisfactory to the Administrative Agent.
Additional Collateral Documents. (a) To the extent not delivered to the Administrative Agent on or before the Closing Date (including in respect of after-acquired property, other than real estate and interests in real estate that are not owned Real Estate), the Borrowers agree to do promptly each of the following, unless otherwise agreed by the Administrative Agent:
(i) deliver to the Administrative Agent such duly executed supplements and amendments to this Agreement, in each case in form and substance reasonably satisfactory to the Administrative Agent and as the Administrative Agent reasonably deems necessary in order to ensure that each Subsidiary of a Borrower is a Borrower hereunder;
(ii) deliver to the Administrative Agent such duly executed supplements and amendments to any of the Collateral Documents, in each case in form and substance reasonably satisfactory to the Administrative Agent and as the Administrative Agent reasonably deems necessary in order to (A) effectively grant to the Administrative Agent for the benefit of the Lenders, a valid, perfected and enforceable security interest in all assets, personal property or property interests that constitute Collateral owned by any Borrower and (B) effectively grant to the Administrative Agent for the benefit of the Lenders, a valid, perfected and enforceable security interest in all Stock and debt Securities of any Borrower (other than Frontier Holdings) and each direct Subsidiary of each Borrower;
(iii) deliver to the Administrative Agent all certificates, instruments and other documents representing all Collateral required to be pledged and delivered under the Collateral Documents and all other Stock and other debt Securities being pledged pursuant to the joinders, amendments and supplements executed pursuant to clause (ii) above;
(iv) if any Borrower discovers that it owns any fee simple interest in real estate, then within thirty (30) days of such discovery, execute and deliver to the Administrative Agent, a mortgage granting the Administrative Agent for the benefit of the Lenders a valid, perfected and enforceable first priority Lien on such real estate and, if reasonably required by the Administrative Agent, as soon as reasonably practicable but in any case within sixty (60) days of such discovery, environmental audits, mortgage title insurance policy, real property survey, local counsel opinion(s), supplemental casualty insurance and flood insurance, and such other documents, instruments or agreements reasonably requested...
Additional Collateral Documents. In connection with any incurrence after the Closing Date of Indebtedness secured by a Lien on any Collateral, which Indebtedness and Lien are permitted by Section 4.08 and Section 4.12 and which Indebtedness and Lien are expressly permitted or required by this Indenture to be subject to an intercreditor agreement (including any Indebtedness secured by (i) a Pari Passu Lien or (ii) a Junior Lien, to the extent permitted by Section 4.08 and Section 4.12), the Company may direct the Collateral Agent to enter into an intercreditor agreement (or an amendment or amendment and restatement or replacement of any prior intercreditor agreement) with the administrative agent, trustee, collateral agent or other party acting as agent for such Indebtedness, which intercreditor agreement (or amendment or amendment and restatement or replacement) meets the applicable requirements of this Indenture in order to implement the applicable security and intercreditor arrangements relating to such Indebtedness. In addition, in connection with any pledge of, or grant of a security interest in, any additional collateral for the benefit of the Notes (including, without limitation, any Additional Collateral), the Company may direct the Collateral Agent to enter into such additional security documents (or amendments or amendment and restatements of existing security documents), in the Company’s customary form for the applicable collateral (as determined by the Company in its discretion, unless the applicable requirements of this Indenture expressly provide otherwise), as are necessary or desirable to effect such pledge or grant. The Company will deliver an Officer’s Certificate and Opinion of Counsel to the Trustee and/or the Collateral Agent, as applicable, prior to the Trustee and/or the Collateral Agent, as the case may be, taking any action pursuant to this Section 11.03.
Additional Collateral Documents. (i) On or before the date which is forty-five (45) days following the date hereof (or such later date to which the Agent may agree in its discretion), the Credit Parties shall have delivered, or caused to be delivered, to Agent (A) originals of all Notes and other instruments evidencing the Parent Subordinated Indebtedness owing to Holdings and all Intercompany Notes, and (B) evidence of the Credit Parties compliance with each of Section 4.11 of the Credit Agreement and Section 5.19 of the Credit Agreement with respect to the deposit accounts of Holdings; provided, the Credit Parties hereby agree no deposit account of Holdings shall contain funds in excess of $100,000 until and unless the provisions of this clause (f)(i)(B) have been satisfied by the Credit Parties; and
(ii) On or before the date which is ninety (90) days following the date hereof (or such later date to which the Agent may agree in its discretion), the Credit Parties shall have delivered, or caused to be delivered, to Agent, all in form and substance acceptable to Agent in its reasonable discretion, counterpart originals of all additional Collateral Documents evidencing the required pledge of the additional Collateral, including the real estate, equipment, other fixed assets and Stock of the Credit Parties (other than Holdings).
Additional Collateral Documents. As further security for the performance by Tenant of its obligations under this Lease, (a) Tenant shall cause the Manager and each Subtenant 1845797.11-NYCSR07A - MSW to execute and deliver a Subordination Non-Disturbance and Attornment Agreement, (b) Tenant shall cause Holiday AL Mezzanine I, LLC to execute and deliver a pledge of 100% of the equity in Tenant in a form reasonably agreed between Landlord and Tenant (the “Tenant Pledge Agreement”), (c) Tenant shall cause the Guarantor to execute and deliver the Guaranty, (d) Tenant and each Subtenant shall execute a Security Agreement and (e) Tenant shall fulfill, and shall cause Guarantor and Subtenant to fulfill, its and their obligations under each such document (the “Collateral Documents”). Notwithstanding the foregoing, at such time as any landlord under this Lease or an Affiliate thereof is a Restricted Landlord, the pledge of equity in Tenant granted pursuant to the Tenant Pledge Agreement shall be deemed to be automatically released and Landlord or its successor or assign, as applicable, shall execute such documents as are reasonably necessary and appropriate to effectuate the same.
Additional Collateral Documents. All necessary modifications or confirmations to the Collateral Documents in effect on the Amendment No. 2 Effective Date shall have been duly executed and delivered so as to ensure the continued effectiveness of the security interests created thereby, as reasonably determined by the Administrative Agent and its counsel, and the Administrative Agent shall have received evidence that all such other action (including, without limitation, (A) record owner and lien searches with respect to any real property of any Loan Party that is subject to a Mortgage confirming that the applicable Loan Party is the record owner of the Mortgaged Property as defined in the applicable Mortgage and that there are no liens of record with respect to such Mortgaged Property other than those permitted by the applicable Mortgage, and payment of all expenses incurred in connection therewith and (B) payment of all recording fees, if any, in connection with the transactions contemplated by this Amendment No. 2) as shall be necessary or desirable to record, perfect or protect the security interests of the Secured Parties shall have been taken (it being understood that, with respect to any such action which has not been taken prior to the Amendment No. 2 Effective Date, the Borrower may, in the reasonable discretion of the Administrative Agent, be granted an additional period to take such action not to exceed thirty (30) days (which may be extended in the sole discretion of the Administrative Agent) after the Amendment No. 2
Additional Collateral Documents. Borrower shall have executed and delivered to the Bank such additional collateral documents (including, but not limited to, financing statements) as the Bank may request to evidence the Bank's liens in all of the Collateral.
Additional Collateral Documents. As of the Amendment No. 2 Effective Date, the Borrower shall, and shall cause each Subsidiary to, furnish to the Administrative Agent:
a) Evidence that mortgage amendments (the “Mortgage Amendments”) with respect to the Mortgages dated as of June 30, 2004 (the “Existing Mortgages”) have been duly executed, acknowledged and delivered by a duly authorized officer of each party thereto on or before such date and are in form suitable for filing and recording in all filing or recording offices that the Administrative Agent may deem necessary or desirable;
b) Date-down endorsements to the title insurance policies by a title insurer reasonably acceptable to the Administrative Agent with respect to the property encumbered by the Existing Mortgages showing (x) no Liens of record other than those created by or permitted under the terms of the applicable Existing Mortgage and (y) that title to the applicable property remains vested in the appropriate Loan Party, together with such confirmations as the Administrative Agent may deem necessary or desirable and evidence that all other actions that the Administrative Agent may deem necessary or desirable to confirm that Liens created by the Existing Mortgages on the property described therein are valid first and subsisting Liens in favor of the Collateral Agent for the benefit of the Secured Parties; and
c) Evidence that all fees, costs and expenses have been paid in connection with the preparation, execution, filing and recordation of the Mortgage Amendments, including, without limitation, filing and recording fees, title insurance company coordination fees, and title search charges and other charges incurred in connection with the matters described in this Section 2(vi).
Additional Collateral Documents. Borrower shall have executed delivered to Lender the following documents, all of which shall be in form and substance acceptable to Lender (the "ADDITIONAL COLLATERAL DOCUMENTS"):
Additional Collateral Documents. With regard to any Advance under the Loan for any purpose, the Tribe shall comply with the following document requests. If requested by Bank, the Tribe shall deliver to Bank a security agreement and/or a financing statement (UCC-1), in a form, substance and content acceptable to Bank, under the terms of which, Tribe grants to Bank a first priority security interest in and to the Equipment to be acquired with the Advance. The Tribe shall also deliver to the Bank at the Bank's request supplements or schedules to the Security Agreement, dated as of the date of the Advance, in a form, substance and content acceptable to the Bank, particularly itemizing and describing the Collateral to be financed by such Advance and to be made subject to such Security Agreement. The Bank may, at its election, require that the Tribe deliver to the Bank an opinion, in a form and substance acceptable to the Bank, rendered by an attorney acceptable to the Bank that the Bank has a first priority security interest in the Equipment to be paid for with the funds advanced pursuant to the Request for Advance.
