Additional Collateral Provisions. (a) It is expressly agreed by Borrower that, notwithstanding anything herein to the contrary, Borrower shall remain liable under each item of Collateral consisting of a contract, instrument, permit or license to observe and perform all the conditions and obligations to be observed and performed by it thereunder, and Lender shall have no obligation or liability whatsoever to any Person under any such contract, instrument, permit or license (between Borrower and any Person other than Lender) by reason of or arising out of the execution, delivery or performance of this Agreement, and Lender shall not be required or obligated in any manner (i) to perform or fulfill any of the obligations of Borrower, (ii) to make any payment or inquiry, or (iii) to take any action of any kind to collect or enforce any performance or the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times under or pursuant to any such contract, instrument, permit or license.
Additional Collateral Provisions. (a) Borrowers will defend the Collateral against all Liens (other than Liens of WFPC, DSC and other Liens expressly permitted pursuant to Section 7.6), and claims and demands of all Persons at any time claiming the same or any interest therein. Furthermore, Borrowers shall promptly notify WFPC in writing upon incurring or otherwise obtaining a Commercial Tort Claim against any third party, and, upon the request of WFPC, shall promptly enter into such security agreements and do such other things or acts deemed appropriate by WFPC to give WFPC a fully valid, perfected and enforceable security interest in any such Commercial Tort Claim. The definition of “Collateral” shall include any such Commercial Tort Claim, and the authorization given by Borrowers to WFPC in Section 3.2 above to file financing statements covering the Collateral shall include the authorization to file financing statements with respect to any such Commercial Tort Claim. Borrowers warrant and represent that they do not own any Commercial Tort Claims as of the date hereof.
Additional Collateral Provisions. Borrowers will defend the Collateral against all Liens (other than Permitted Liens), and claims and demands of all Persons at any time claiming the same or any interest therein. Borrowers agree to comply with the requirements of all state and federal laws and requests of Agent in order for Agent to have and maintain a valid and perfected first security interest and/or mortgage Lien in the Collateral including, without limitation, executing such documents as Agent may require to obtain control over all Deposit Accounts, Letter-of-Credit Rights and Investment Property, as applicable. Furthermore, Borrowers shall promptly notify Agent in writing upon incurring or otherwise obtaining a Commercial Tort Claim against any third party, and, upon the request of Agent, shall promptly enter into such security agreements and do such other things or acts deemed appropriate by Agent to give Agent a fully valid, perfected and enforceable security interest in any such Commercial Tort Claim. Collateral shall include any such Commercial Tort Claim, and the authorization given by Borrowers to Agent in Section 3.2 above to file financing statements covering the Collateral shall include the authorization to file financing statements with respect to any such Commercial Tort Claim. Borrowers warrant and represent that they do not own any Commercial Tort Claims as of the date hereof.
Additional Collateral Provisions. (a) Borrowers will defend the Collateral against all Liens (other than Permitted Liens), and claims and demands of all Persons at any time claiming the same or any interest therein. Borrowers agree to comply with the requirements of all state and federal laws and requests of Agent in order for Agent to have and maintain a valid and perfected first security interest and/or mortgage Lien in the Collateral.
Additional Collateral Provisions. (a) It is expressly agreed by Borrower that, notwithstanding anything herein to the contrary, each Secured Credit Party shall remain liable under each item of Collateral consisting of a contract, instrument, permit or license to observe and perform all the conditions and obligations to be observed and performed by it thereunder, and Agent shall have no obligation or liability whatsoever to any Person under any such contract, instrument, permit or license (between the Secured Credit Party and any Person other than Agent) by reason of or arising out of the execution, delivery or performance of the Financing Documents, and Agent shall not be required or obligated in any manner (i) to perform or fulfill any of the obligations of a Secured Credit Party, (ii) to make any payment or inquiry, or (iii) to take any action of any kind to collect or enforce any performance or the payment of any amounts which may have been assigned to it or to which it may be entitled at any time or times under or pursuant to any such contract, instrument, permit or license.
Additional Collateral Provisions. (a) Section 1.01 of the Base Indenture is hereby amended by inserting the following text after the definition of “Acquired Debt,” but before the definition of “Affiliate”:
Additional Collateral Provisions. 1. This Agreement may not be modified, amended, assigned, negotiated, transferred or changed without the express written consent of a duly authorized officer of the Surety.
Additional Collateral Provisions. 87 SECTION 6.4 APPLICATION OF PROCEEDS. 91 SECTION 6.5 ADDITION OF CAPITAL CONTRIBUTIONS. 92 ARTICLE VII THE AGENTS 92 SECTION 7.1 APPOINTMENT AND AUTHORIZATION. 92 SECTION 7.2 AGENTS AND AFFILIATES. 92 SECTION 7.3 ACTIONS BY AGENT. 92 SECTION 7.4 DELEGATION OF DUTIES; CONSULTATION WITH EXPERTS. 93 SECTION 7.5 LIABILITY OF AGENTS. 93 SECTION 7.6 INDEMNIFICATION. 96 SECTION 7.7 CREDIT DECISION. 96 SECTION 7.8 SUCCESSOR AGENT. 97 ARTICLE VIII ACCOUNTS AND COLLATERAL 97 SECTION 8.1 COLLECTION OF MONEY. 97 SECTION 8.2 COLLECTION ACCOUNT. 99 SECTION 8.3 PAYMENT ACCOUNT; FUTURE FUNDING RESERVE ACCOUNT; LENDER COLLATERAL ACCOUNT; CLOSING EXPENSE ACCOUNT. 101 SECTION 8.4 CUSTODIAL ACCOUNT. 104 SECTION 8.5 ACQUISITION OF COLLATERAL LOANS AND ELIGIBLE INVESTMENTS. 106
Additional Collateral Provisions. Borrowers will defend the Collateral against all Liens (other than Permitted Liens), and claims and demands of all Persons at any time claiming
Additional Collateral Provisions
