Amended and Restated Security Agreement. The security interest granted pursuant to this Trademark Security Agreement is granted in conjunction with the security interest granted to the Collateral Agent pursuant to the Amended and Restated Security Agreement and each Grantor hereby acknowledges and affirms that the rights and remedies of the Collateral Agent with respect to the security interest in the Trademark Collateral made and granted hereby are more fully set forth in the Amended and Restated Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein.
Amended and Restated Security Agreement. This Security Agreement amends and restates in its entirety that certain Security Agreement dated December 4, 2002, made by Debtor in favor of Excel Bank Minnesota, predecessor in interest to Lender.
Amended and Restated Security Agreement. This Security Agreement shall amend and restate the Prior Security Agreement in its entirety, and continue the Secured Obligations incurred by Debtor thereunder and the grant of a security interest created thereunder.
Amended and Restated Security Agreement. The Bank shall have received a Third Amended and Restated Security Agreement in the form of Exhibit B hereto (the "Amended and Restated Security Agreement"), executed by a duly authorized officer or officers of the Domestic Borrowers, together with the following: (i) instruments constituting Collateral, if any, duly indorsed in blank by a duly authorized officer of each applicable Borrower; (ii) all instruments and other documents, including Uniform Commercial Code financing statements, required by law or reasonably requested by the Bank to be filed, registered or recorded to create or perfect the Liens intended to be created under the Amended and Restated Security Agreement; and (iii) such other documents as the Bank may reasonably require in connection with the perfection of its security interests in the Collateral.
Amended and Restated Security Agreement. On the Effective Date, each Credit Party shall have duly authorized, executed and delivered the Amended and Restated Security Agreement in the form of Exhibit J (as modified, supplemented or amended from time to time, the "Security Agreement") covering all of such Credit Party's present and future Security Agreement Collateral, in each case together with:
(a) proper Financing Statements (Form UCC-1) for filing under the UCC or other appropriate filing offices of each jurisdiction as may be necessary or, in the reasonable opinion of the Collateral Agent, desirable to perfect the security interests purported to be created by the Security Agreement;
(b) certified copies of Requests for Information or Copies (Form UCC-11), or equivalent reports, listing all effective financing statements that name any Credit Party as debtor and that are filed in the jurisdictions referred to in clause (a) above, together with copies of such other financing statements (none of which shall cover the Collateral except to the extent evidencing Permitted Liens or in respect of which the Collateral Agent shall have received termination statements (Form UCC-3) or such other termination statements as shall be required by local law) fully executed for filing ;
(c) a duly authorized, executed and delivered and fully completed Perfection Certificate for each Credit Party;
(d) evidence of execution for post-closing filing and recordation of all other recordings and filings of, or with respect to, the Security Agreement as may be necessary or, in the reasonable opinion of the Collateral Agent, desirable to perfect the security interests intended to be created by such Security Agreement; and
(e) evidence that all other actions necessary or, in the reasonable opinion of the Collateral Agent, desirable to perfect and protect the security interests purported to be created by the Security Agreement have been taken.
Amended and Restated Security Agreement. At the Closing, the Company and the Purchasers will enter into an Amended and Restated Security Agreement in substantially the form set forth as Exhibit D hereto (the “Amended and Restated Security Agreement”). The Amended and Restated Security Agreement will (i) amend and restate the Security Agreements, dated March 1, 2004 and as amended on July 29, 2004, among the Company and the holders of the July 2005 Notes and July 2006 Notes and (ii) add the other Purchasers as secured parties thereunder. In addition to the foregoing, the Company shall, within sixty (60) days of the date of this Agreement, cause Liquidmetal Korea Co., Ltd., a wholly owned subsidiary of the Company (“Liquidmetal Korea”), to grant to the Purchasers as additional security for the Notes and the July 2007 Notes a second lien upon and security interest in Liquidmetal Korea’s manufacturing plant in Korea (the “Factory Lien”), and Liquidmetal Korea shall obtain any necessary consent and approval of the Bank of Korea to the granting of the Factory Lien. The Factory Lienshall be in addition to and subordinate to the prior liens held or to be held by Kookmin Bank (or any financial institution through which the Company’s or Liquidmetal Korea’s indebtedness with Kookmin Bank is refinanced).
Amended and Restated Security Agreement. Lessor and Lessee agree that Schedule 1 of that certain Amended and Restated Security Agreement by and between the parties hereto and dated November 8, 2000 shall be amended to include the new facility added in Exhibit A-29 to this Amendment.
Amended and Restated Security Agreement. The security interest granted pursuant to this Patent Security Agreement is granted in conjunction with the security interest granted to Administrative Agent pursuant to the Amended and Restated Security Agreement and each Grantor hereby acknowledges and affirms that the rights and remedies of Administrative Agent with respect to the security interest in the Patent Collateral made and granted hereby are more fully set forth in the Amended and Restated Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein.
Amended and Restated Security Agreement. The Security Agreement delivered pursuant to, and as defined in, the SPA, is hereby amended and restated in the form attached hereto as Exhibit D.
