Common use of Amalgamation Clause in Contracts

Amalgamation. Each Grantor acknowledges and agrees that, in the event it amalgamates with any other corporation or corporations, it is the intention of the parties hereto that the term “Grantor”, when used herein, shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the security interest granted hereby: (a) shall extend to “Collateral” (as that term is herein defined) owned by each of the amalgamating corporations and the amalgamated corporation at the time of amalgamation and to any “Collateral” thereafter owned or acquired by the amalgamated corporation, and (b) shall secure all “Obligations” (as that term is herein defined) of each of the amalgamating corporations and the amalgamated corporation to Agent and Secured Parties at the time of amalgamation and all “Obligations” of the amalgamated corporation to Agent and Secured Parties thereafter arising. The security interest created hereby shall attach to all “Collateral” owned by each corporations amalgamating with any Grantor, and by the amalgamated company, at the time of the amalgamation, and shall attach to all “Collateral” thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired.

Appears in 1 contract

Samples: Canadian Collateral Agreement (Primus Telecommunications Group Inc)

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Amalgamation. Each Grantor The Company acknowledges and agrees that, that in the event it amalgamates with any other corporation or corporations, corporations it is the intention of the parties hereto that the term “Grantor”, "the Company" when used herein, herein shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the security interest Security Interest granted hereby: (a1) shall extend to "Collateral" (as that term is herein defined) owned by each of the amalgamating corporations and the amalgamated corporation at the time of amalgamation and to any "Collateral" thereafter owned or acquired by the amalgamated corporation, and (b2) shall secure all “Obligations” (as that term is herein defined) the Guaranteed Obligations of each of the amalgamating corporations and the amalgamated corporation to Agent and Secured Parties the CTR Lenders, at the time of amalgamation and all “Obligations” Guaranteed Obligations of the amalgamated corporation to Agent and Secured Parties the CTR Lenders, thereafter arising. The security interest created hereby Security Interest shall attach to all “"Collateral" owned by each corporations corporation amalgamating with any Grantorthe Company, and by the amalgamated companycorporation, at the time of the amalgamation, and shall attach to all “any "Collateral" thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired.

Appears in 1 contract

Samples: Security Agreement (Sr Telecom Inc)

Amalgamation. . Each Grantor acknowledges and agrees that, in the event it amalgamates with any other corporation company or corporationscompanies, it is the intention of the parties hereto that the term “Grantor”, when used herein, shall apply to each of the amalgamating corporations companies and to the amalgamated corporationcompany, such that the security interest granted hereby: (a) i. shall extend to “Collateral” (as that term is herein defined) owned by each of the amalgamating corporations companies and the amalgamated corporation company at the time of amalgamation and to any “Collateral” thereafter owned or acquired by the amalgamated corporation, company; and (b) ii. shall secure all “Obligations” (as that term is herein defined) of each of the amalgamating corporations companies and the amalgamated corporation company to the Administrative Agent and the other Secured Parties or any of them at the time of amalgamation and all “Obligations” of the amalgamated corporation company to the Administrative Agent, Collateral Agent and the other Secured Parties or any of them thereafter arising. The security interest created hereby Security Interest shall attach to all “Collateral” owned by each corporations company amalgamating with any the Grantor, and by the amalgamated company, at the time of the amalgamation, and shall attach to all “Collateral” thereafter owned or acquired by the amalgamated corporation company when such becomes owned or is acquired.

Appears in 1 contract

Samples: Canadian Term Loan Guarantee and Collateral Agreement (Atkore International Group Inc.)

Amalgamation. Each Grantor acknowledges and agrees that, in the event it amalgamates with any other corporation or corporations, it is the intention of the parties hereto that the term “Grantor”, when used herein, shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the security interest granted hereby: (a) shall extend to “Collateral” (as that term is herein defined) Collateral owned by each of the amalgamating corporations and the amalgamated corporation at the time of amalgamation and to any “Collateral” Collateral thereafter owned or acquired by the amalgamated corporation, and (b) shall secure all “Obligations” (as that term is herein defined) Obligations of each of the amalgamating corporations and the amalgamated corporation to the Administrative Agent and Secured Parties at the time of amalgamation and all “Obligations” Obligations of the amalgamated corporation to the Administrative Agent and Secured Parties thereafter arising. The security interest created hereby shall attach to all “Collateral” Collateral owned by each corporations corporation amalgamating with any Grantor, and by the amalgamated company, at the time of the amalgamation, and shall attach to all “Collateral” Collateral thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired.

Appears in 1 contract

Samples: Credit Agreement (BWX Technologies, Inc.)

Amalgamation. (a) Each Grantor acknowledges and agrees that, in the event it amalgamates with any other corporation company or corporationscompanies, it is the intention of the parties hereto that the term “Grantor”, when used herein, shall apply to each of the amalgamating corporations companies and to the amalgamated corporationcompany, such that the security interest Security Interest granted hereby: (ai) shall extend to “Collateral” (as that term is herein defined) owned by each of the amalgamating corporations companies and the amalgamated corporation company at the time of amalgamation and to any “Collateral” thereafter owned or acquired by the amalgamated corporation, company; and (bii) shall secure all “Secured Obligations” (as that term is herein defined) of each of the amalgamating corporations companies and the amalgamated corporation company to Agent and the Secured Parties or any of them at the time of amalgamation and all “Secured Obligations” of the amalgamated corporation company to Agent and the Secured Parties or any of them thereafter arising. The security interest created hereby Security Interest shall attach to all “Collateral” owned by each corporations company amalgamating with any such Grantor, and by the amalgamated company, at the time of the amalgamation, and shall attach to all “Collateral” thereafter owned or acquired by the amalgamated corporation company when such becomes owned or is acquired.

Appears in 1 contract

Samples: Canadian Guarantee and Security Agreement (Upland Software, Inc.)

Amalgamation. Each Grantor The Debtor acknowledges and agrees that, in the event it amalgamates with any other corporation or corporations, it is the intention of the parties hereto that the term “GrantorDebtor”, when used herein, shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the security interest Security Interest granted hereby: (a) shall extend to “Collateral” (as that term is herein defined) owned by each of the amalgamating corporations and the amalgamated corporation at the time of amalgamation and to any “Collateral” thereafter owned or acquired by the amalgamated corporation, and (b) shall secure all “Secured Obligations” (as that term is herein defined) of each of the amalgamating corporations and the amalgamated corporation to Agent the Trustee and the Secured Parties at the time of amalgamation and all “Secured Obligations” of the amalgamated corporation to Agent the Trustee and the Secured Parties thereafter arising. The security interest created hereby Security Interest shall attach to all “Collateral” owned by each corporations corporation amalgamating with any Grantorthe Debtor, and by the amalgamated companycorporation , at the time of the amalgamation, and shall attach to all “Collateral” thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired.

Appears in 1 contract

Samples: Security Agreement

Amalgamation. Each Grantor acknowledges and agrees that, in the event it amalgamates with any other corporation company or corporationscompanies, it is the intention of the parties hereto that the term “Grantor”, when used herein, shall apply to each of the amalgamating corporations companies and to the amalgamated corporationcompany, such that the security interest granted hereby: (a) i. shall extend to “Collateral” (as that term is herein defined) owned by each of the amalgamating corporations companies and the amalgamated corporation company at the time of amalgamation and to any “Collateral” thereafter owned or acquired by the amalgamated corporation, company; and (b) ii. shall secure all “Obligations” (as that term is herein defined) of each of the amalgamating corporations companies and the amalgamated corporation company to the Agent and the other Secured Parties or any of them at the time of amalgamation and all “Obligations” of the amalgamated corporation company to the Administrative Agent, Collateral Agent and the other Secured Parties or any of them thereafter arising. The security interest created hereby Security Interest shall attach to all “Collateral” owned by each corporations company amalgamating with any the Grantor, and by the amalgamated company, at the time of the amalgamation, and shall attach to all “Collateral” thereafter owned or acquired by the amalgamated corporation company when such becomes owned or is acquired.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Atkore International Group Inc.)

Amalgamation. Each Grantor acknowledges The Debtors acknowledge and agrees agree that, in the event it any Debtor amalgamates with any other corporation company or corporationscompanies, it is the intention of the parties hereto that the term “Grantor”, Debtor,” when used herein, shall apply to each of the amalgamating corporations companies and to the amalgamated corporationcompany, such that the security interest granted hereby: (a) shall extend to “Pledged Collateral” (as that term is herein defined) owned by each of the amalgamating corporations companies and the amalgamated corporation company at the time of amalgamation and to any “Pledged Collateral” thereafter owned or acquired by the amalgamated corporationcompany, and (b) shall secure all “Obligations” (as that term is herein defined) Secured Obligations of each of the amalgamating corporations companies and the amalgamated corporation company to Agent the Secured Party and Secured Parties the Lenders at the time of amalgamation and all “Obligations” Secured Obligations of the amalgamated corporation company to Agent the Secured Party and Secured Parties the Lenders thereafter arising. The security interest created hereby shall attach to all “Pledged Collateral” owned by each corporations company amalgamating with any Grantor, and by the amalgamated company, at the time of the amalgamationDebtor, and shall attach to all “Pledged Collateral” thereafter owned or acquired by the amalgamated corporation company when such becomes owned or is acquired.

Appears in 1 contract

Samples: Canadian Security Agreement (Mad Catz Interactive Inc)

Amalgamation. Each Grantor acknowledges and agrees that, in the event it amalgamates with any other corporation company or corporationscompanies, it is the intention of the parties hereto that the term “Grantor”, ,” when used herein, shall apply to each of the amalgamating corporations companies and to the amalgamated corporationcompany, such that the security interest granted hereby: : (a) shall extend to “Collateral” (as that term is herein defined) owned by each of the amalgamating corporations companies and the amalgamated corporation company at the time of amalgamation and to any “Collateral” thereafter owned or acquired by the amalgamated corporationcompany, and and (b) shall secure all “Obligations” (as that term is herein defined) secured obligations of each of the amalgamating corporations companies and the amalgamated corporation company to Agent and the Secured Parties at the time of amalgamation and all “Secured Obligations” of the amalgamated corporation company to Agent and the Secured Parties thereafter arising. The security interest created hereby shall attach to all “Collateral” owned by each corporations company amalgamating with any Grantor, and by the amalgamated company, at the time of the amalgamation, and shall attach to all “Collateral” thereafter owned or acquired by the amalgamated corporation company when such becomes owned or is acquired.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (BJ Services, Inc.)

Amalgamation. Each Grantor Debtor acknowledges and agrees that, notwithstanding any provision of this Agreement, in the event it amalgamates with any other corporation company or corporations, companies it is the intention of the parties hereto that the term “Grantor”, Debtor” when used herein, herein shall apply to each of the amalgamating corporations companies and to the amalgamated corporationcompany, such that the security interest granted hereby: (a) shall extend to "Collateral" (as that term is herein defined) owned by each of the amalgamating corporations companies and the amalgamated corporation company at the time of amalgamation and to any "Collateral" thereafter owned or acquired by the amalgamated corporationcompany, and (b) shall secure all “the "Secured Obligations" (as that term is herein defined) of each of the amalgamating corporations companies and the amalgamated corporation company to Senior Agent and Secured Parties at the time of amalgamation and all “any "Secured Obligations" of the amalgamated corporation company to Senior Agent and Secured Parties thereafter arising. The security interest created hereby Security Interests shall attach to all “"Collateral" owned by each corporations company amalgamating with any GrantorDebtor, and by the amalgamated company, at the time of the amalgamation, and shall attach to all “any "Collateral" thereafter owned or acquired by the amalgamated corporation company when such becomes owned or is acquired.

Appears in 1 contract

Samples: Security Agreement (Recoton Corp)

Amalgamation. Each Grantor acknowledges The Grantors acknowledge and agrees agree that, in the event it any Grantor amalgamates with any other corporation company or corporationscompanies, it is the intention of the parties hereto that the term “Grantor”, ,” when used herein, shall apply to each of the amalgamating corporations companies and to the amalgamated corporationcompany, such that the security interest granted hereby: (a) shall extend to “Collateral” (as that term is herein defined) owned by each of the amalgamating corporations companies and the amalgamated corporation company at the time of amalgamation and to any “Collateral” thereafter owned or acquired by the amalgamated corporationcompany, and (b) shall secure all “Obligations” (as that term is herein defined) Secured Obligations of each of the amalgamating corporations companies and the amalgamated corporation company to Agent and the Secured Parties Creditors at the time of amalgamation and all “Secured Obligations” of the amalgamated corporation company to Agent and the Secured Parties Creditors thereafter arising. The security interest created hereby shall attach to all “Collateral” owned by each corporations company amalgamating with any Grantor, and by the amalgamated company, at the time of the amalgamation, and shall attach to all “Collateral” thereafter owned or acquired by the amalgamated corporation company when such becomes owned or is acquired.

Appears in 1 contract

Samples: Credit Agreement (Resolute Forest Products Inc.)

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Amalgamation. Each Grantor acknowledges and agrees that, in the event it amalgamates with any other corporation company or corporationscompanies, it is the intention of the parties hereto that the term “Grantor” or “Pledgor,” as the case may be, when used herein, shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the security interest lien granted hereby: (a) shall extend to Collateral (or in the case of a Pledgor, Pledged Collateral” (as that term is herein defined) owned by each of the amalgamating corporations and the amalgamated corporation corporations at the time of amalgamation and to any Collateral (or in the case of a Pledgor, Pledged Collateral) thereafter owned or acquired by the amalgamated corporation, and (b) shall secure all “Obligations” (as that term is herein defined) Obligations of each of the amalgamating corporations and the amalgamated corporation corporations to the Canadian Collateral Agent and the Secured Parties at the time of amalgamation and all “Obligations” Obligations of the amalgamated corporation to the Canadian Collateral Agent and the Secured Parties thereafter arising. The security interest created hereby Lien shall attach to all Collateral (or in the case of a Pledgor, Pledged Collateral) owned by each corporations corporation amalgamating with any Grantor, and by the amalgamated companycorporation, at the time of the amalgamation, and shall attach to all Collateral (or in the case of a Pledgor, Pledged Collateral) thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired.

Appears in 1 contract

Samples: Canadian Guarantee and Collateral Agreement (HSI IP, Inc.)

Amalgamation. Each Grantor acknowledges and agrees that, in the event it amalgamates or merges with any other corporation or corporations, it is the intention of the parties hereto that the term “Grantor”, when used herein, shall apply to each of the amalgamating or merging corporations and to the amalgamated or merged corporation, such that the security interest Security Interest granted hereby: (ai) shall extend to “Collateral” (as that term is herein defined) owned by each of the amalgamating corporations and the amalgamated or merged corporation at the time of amalgamation and to any “Collateral” thereafter owned or acquired by the amalgamated or merged corporation, and (bii) shall secure all “Secured Obligations” (as that term is herein defined) of each of the amalgamating or merging corporations and the amalgamated or merged corporation to Agent and Secured Parties at the time of amalgamation or merger and all “Secured Obligations” of the amalgamated or merged corporation to Agent and Secured Parties thereafter arising. The security interest created hereby Security Interest shall attach to all “Collateral” owned by each corporations amalgamating or merging with any GrantorDebtor, and by the amalgamated or merged company, at the time of the amalgamationamalgamation or merger, and shall attach to all “Collateral” thereafter owned or acquired by the amalgamated or merged corporation when such becomes owned or is acquired.

Appears in 1 contract

Samples: Security Agreement (Securus Technologies, Inc.)

Amalgamation. Each Grantor acknowledges and agrees that, in the event it amalgamates with any other corporation or corporations, it is the intention of the parties hereto that the term "Grantor", when used herein, shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the security interest granted hereby: (a) shall extend to "Collateral" (as that term is herein defined) owned by each of the amalgamating corporations and the amalgamated corporation at the time of amalgamation and to any "Collateral" thereafter owned or acquired by the amalgamated corporation, and (b) shall secure all "Canadian Obligations" (as that term is herein defined) of each of the amalgamating corporations and the amalgamated corporation to Agent and Secured Parties at the time of amalgamation and all "Canadian Obligations" of the amalgamated corporation to Agent and Secured Parties thereafter arising. The security interest created hereby shall attach to all "Collateral" owned by each corporations amalgamating with any Grantor, and by the amalgamated company, at the time of the amalgamation, and shall attach to all "Collateral" thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired.

Appears in 1 contract

Samples: Canadian Revolving Guarantee and Security Agreement (Real Industry, Inc.)

Amalgamation. Each Grantor acknowledges and agrees that, in the event it amalgamates with any other corporation or corporations, it is the intention of the parties hereto that the term “Grantor”, when used herein, shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the security interest Security Interest granted hereby: (a) shall extend to “Collateral” (as that term is herein defined) owned by each of the amalgamating corporations and the amalgamated corporation at the time of amalgamation and to any “Collateral” thereafter owned or acquired by the amalgamated corporation, and (b) shall secure all “Obligations” (as that term is herein defined) of each of the amalgamating corporations and the amalgamated corporation to Canadian Agent and Secured Parties at the time of amalgamation and all “Obligations” of the amalgamated corporation to the Canadian Agent and Secured Parties thereafter arising. The security interest created hereby Security Interest shall attach to all “Collateral” owned by each corporations amalgamating with any GrantorDebtor, and by the amalgamated company, at the time of the amalgamation, and shall attach to all “Collateral” thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired.

Appears in 1 contract

Samples: Guarantee and Security Agreement (Thermon Group Holdings, Inc.)

Amalgamation. Each Grantor acknowledges and agrees that, in the event it amalgamates with any other corporation or corporations, it is the intention of the parties hereto that the term “Grantor”, when used herein, shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the security interest granted hereby: (a) shall extend to “Collateral” (as that term is herein defined) owned by each of the amalgamating corporations and the amalgamated corporation at the time of amalgamation and to any “Collateral” thereafter owned or acquired by the amalgamated corporation, and (b) shall secure all “Canadian Obligations” (as that term is herein defined) of each of the amalgamating corporations and the amalgamated corporation to Agent and Secured Parties at the time of amalgamation and all “Canadian Obligations” of the amalgamated corporation to Agent and Secured Parties thereafter arising. The security interest created hereby shall attach to all “Collateral” owned by each corporations amalgamating with any Grantor, and by the amalgamated company, at the time of the amalgamation, and shall attach to all “Collateral” thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired. [Remainder of page intentionally blank; signature pages follow.]

Appears in 1 contract

Samples: Canadian Revolving Guarantee and Security Agreement (Signature Group Holdings, Inc.)

Amalgamation. Each Grantor acknowledges and agrees that, in the event it amalgamates with any other corporation company or corporationscompanies, it is the intention of the parties hereto that the term “Grantor”, when used herein, shall apply to each of the amalgamating corporations companies and to the amalgamated corporationcompany, such that the security interest granted hereby: (a) shall extend to “Collateral” (as that term is herein defined) owned by each of the amalgamating corporations companies and the amalgamated corporation company at the time of amalgamation and to any “Collateral” thereafter owned or acquired by the amalgamated corporation, company; and (b) shall secure all “Obligations” (as that term is herein defined) of each of the amalgamating corporations companies and the amalgamated corporation company to the Administrative Agent and the other Secured Parties or any of them at the time of amalgamation and all “Obligations” of the LEGAL_1:67880593.5 LEGAL_36377770.2 amalgamated corporation company to the Administrative Agent, Collateral Agent and the other Secured Parties or any of them thereafter arising. The security interest created hereby Security Interest shall attach to all “Collateral” owned by each corporations company amalgamating with any the Grantor, and by the amalgamated company, at the time of the amalgamation, and shall attach to all “Collateral” thereafter owned or acquired by the amalgamated corporation company when such becomes owned or is acquired.. LEGAL_1:67880593.5 LEGAL_36377770.2

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Atkore Inc.)

Amalgamation. Each Grantor The Company acknowledges and agrees that, that in the event it amalgamates with any other corporation or corporations, corporations it is the intention of the parties hereto that the term “Grantor”, "the Company" when used herein, herein shall apply to each of the amalgamating corporations and to the amalgamated corporation, such that the security interest Security Interest granted hereby: (a1) shall extend to "Collateral" (as that term is herein defined) owned by each of the amalgamating corporations and the amalgamated corporation at the time of amalgamation and to any "Collateral" thereafter owned or acquired by the amalgamated corporation, and (b2) shall secure all “Obligations” (as that term is herein defined) the Obligations of each of the amalgamating corporations and the amalgamated corporation to Agent and Trustee, for the benefit of Secured Parties Parties, at the time of amalgamation and all “Obligations” Obligations of the amalgamated corporation to Agent and Trustee, for the benefit of Secured Parties Parties, thereafter arising. The security interest created hereby Security Interest shall attach to all “"Collateral" owned by each corporations corporation amalgamating with any Grantorthe Company, and by the amalgamated companycorporation, at the time of the amalgamation, and shall attach to all “any "Collateral" thereafter owned or acquired by the amalgamated corporation when such becomes owned or is acquired.

Appears in 1 contract

Samples: Security Agreement (Sr Telecom Inc)

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