AND SECURITY AGREEMENT. This Third Amendment and Joinder to Revolving Credit and Security Agreement (the “Amendment”) is made this 3rd day of October, 2006, by and among AKRION, INC., a corporation organized under the laws of the State of Delaware (“Akrion”), GOLDFINGER TECHNOLOGIES, LLC, a limited liability company organized under the laws of the State of Delaware (“Goldfinger”) (Akrion and Goldfinger, each an “Existing Borrower” and collectively “Existing Borrowers”), AKRION SCP ACQUISITION CORP., a corporation formed under the laws of the State of Delaware (“Akrion SCP” or “Joining Borrower,” and together with Existing Borrowers, “Borrowers,” and each individually a “Borrower”) and the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for Lenders (PNC, in such capacity, the “Agent”).
AND SECURITY AGREEMENT. The Borrower and Lender identified on the cover page of this document have entered or anticipate entering into one or more transactions pursuant to which Lender agrees to make available to Borrower a loan facility governed by the terms and conditions set forth in this document and one or more Supplements executed by Borrower and Lender which incorporate this document by reference. Each Supplement constitutes a supplement to and forms part of this document, and will be read and construed as one with this document, so that this document and the Supplement constitute a single agreement between the parties (collectively referred to as this "Agreement"). Accordingly, the parties agree as follows:
AND SECURITY AGREEMENT. In consideration of the issuance from time to time, at the request of the Account Parties of one or more Credits in accordance with the terms of any Standby Letter of Credit Application(s) submitted by the Account Parties to the Issuer, the Account Parties hereby represent, warrant and agree as follows:
AND SECURITY AGREEMENT. Security Agreements The provisions of any and all agreements relating to security deposited or agreed to be deposited with Equity covering any engagement under this Agreement and any contracts of engagement are hereby adopted and made part of this Agreement and said contracts. This includes agreements on forms now called "Bond", "Security Agreement", "Letter of Guarantee" and "Letter of Credit".
AND SECURITY AGREEMENT. This TRADEMARK COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT (this “Agreement”) dated as of March 9, 2015 is made by and among Silver Star Brands, Inc., a Wisconsin corporation (“Silver Star”), PartyLite Gifts, Inc., a Virginia corporation (“PartyLite Gifts”), PartyLite Worldwide, LLC, a Delaware limited liability company (“PartyLite WW”), Candle Corporation of America, a New York corporation (“Candle Corp” and together with Silver Star, PartyLite Gifts and PartyLite WW, collectively, the “Assignors” and each an “Assignor”), and BANK OF AMERICA, N.A., a national banking association (the “Lender”).
AND SECURITY AGREEMENT. For good and valuable consideration, the receipt and sufficiency of which Mortgagor hereby acknowledges, and to secure: (a) the repayment to Mortgagee of all amounts now or hereafter owing Mortgagee under or evidenced by the Note, (b) the repayment to Mortgagee of all amounts now or hereafter owing Mortgagor under the Reimbursement Agreement, (c) reimbursement of any and all advances made by Mortgagee to protect or preserve the Mortgaged Property (as hereinafter defined) or the lien hereof on the Mortgaged Property, or for taxes, assessments, insurance premiums or other costs as hereinafter provided, and (d) performance of each agreement contained herein, Mortgagor hereby mortgages to Mortgagee (and, in the case of personal property, assigns to Mortgagee and grants to Mortgagee a security interest in) the property described in clauses A through F below, in each case whether presently or hereafter existing and whether now owned or hereafter acquired by Mortgagor (all such property being collectively the "Mortgaged Property"):
AND SECURITY AGREEMENT. Should Borrower default under that certain Term Loan and Security Agreement dated the 3rd day of June, 1999 entered into between Borrower and Lender (the "Loan Agreement"), or should Borrower default under any other security agreement directly or indirectly securing repayment of this Note.
AND SECURITY AGREEMENT. (ACCOUNTS AND INVENTORY) resulting from the sale or other disposition of the Collateral and the proceeds thereof and any supporting obligations or security therefor and any right to payment thereunder, and including, without limitation, cash or other property which were proceeds and are recovered by a bankruptcy trustee or otherwise as a preferential transfer by Borrower. Notwithstanding anything to the contrary contained herein, Collateral shall not include any waste or other materials which have been or may be designated as toxic or hazardous by Bank. Notwithstanding the foregoing, the Collateral shall not include any Copyrights, Patents, Trademarks, servicemarks and applications therefor, now owned or hereafter acquired, or any claims for damages by way of any past, present and future infringement of any of the foregoing; provided, however, that the Collateral shall include all accounts and general intangibles that consist of rights to payment from the sale, licensing or disposition of all or any part of, or rights in, the Intellectual Property (the “Rights to Payment”). Notwithstanding the foregoing, if and only if a judicial authority (including a U.S. Bankruptcy Court) holds that a security interest in the underlying Intellectual Property is necessary to have a security interest in the Rights to Payment, then the Collateral shall automatically, and effective as of December 1, 2005, include the Intellectual Property but only to the extent necessary to permit perfection Bank’s security interest in the Rights to Payment and Bank shall have no right, title and interest in the Intellectual Property other than to perfect its security interest in the Rights to Payment.
AND SECURITY AGREEMENT. This COPYRIGHT COLLATERAL ASSIGNMENT AND SECURITY AGREEMENT dated as of March 9, 2015 (this “Agreement”), is made by and among Blyth, Inc., a Delaware corporation (“Blyth”), Silver Star Brands, Inc., a Wisconsin corporation (“Silver Star”), Candle Corporation of America, a New York corporation (“Candle Corp” and together with, Blyth and Silver Star, collectively, the “Assignors” and each an “Assignor”) and GFIE, LLC, a Florida limited liability company (the “Lender”).
AND SECURITY AGREEMENT. Dated as of August 21, 1997 ----------------------- ALLIED CAPITAL COMMERCIAL CORPORATION, as a Borrower and BUSINESS MORTGAGE INVESTORS, INC. as a Borrower Collectively, the Borrowers and MORGXX XXXNXXX XXXTGAGE CAPITAL INC. as Lender =============================================================================== 2 TABLE OF CONTENTS
