Common use of After-acquired Property as Voidable Preference Clause in Contracts

After-acquired Property as Voidable Preference. In the case of property which becomes part of the Subject Collateral after the date hereof, Section 547 of the Bankruptcy Code provides that a transfer is not made until the debtor has rights in the property transferred, so a security interest in after-acquired property which is security for other than a contemporaneous advance may be treated as a voidable preference under the conditions (and subject to the exceptions) provided by Section 547 of the Bankruptcy Code.

Appears in 6 contracts

Samples: Term Loan Agreement (Dominion Midstream Partners, LP), Revolving Credit Facility (CONSOL Energy Inc), Revolving Credit Facility (CONSOL Energy Inc)

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After-acquired Property as Voidable Preference. In the case of property which becomes part of the Subject Article 9 Collateral after the date hereof, Section 547 of the Bankruptcy Code provides that a transfer is not made until the debtor has rights in the property transferred, so a security interest in after-acquired property which is security for other than a contemporaneous advance may be treated as a voidable preference under the conditions (and subject to the exceptions) provided by Section 547 of the Bankruptcy Code.

Appears in 2 contracts

Samples: Credit Agreement (Sra International Inc), Bond Purchase Contract (Clean Energy Fuels Corp.)

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