Assignment and Grant of Security Interest. As security for the payment and performance, as the case may be, in full of the Secured Obligations, each Grantor hereby assigns to, and pledges and grants to Secured Party, for the benefit of Secured Creditors, a security interest in all of its right, title and interest in, to and under all personal property and other assets, whether now owned by or owing to, or hereafter acquired by or arising in favor of such Grantor (including under any trade name or derivations thereof), and whether owned or consigned by or to, or leased from or to, such Grantor, and regardless of where located (all of which will be collectively referred to as the “Collateral”), including, in each case, whether now owned or hereinafter acquired: (a) all Accounts, (b) all Chattel Paper (including Electronic Chattel Paper and Tangible Chattel Paper), (c) all Collateral Records, (d) all Commercial Tort Claims now or hereafter described on Schedule 12, (e) all Commodity Accounts, (f) all Commodity Contracts, (g) all Deposit Accounts (other than Exempt Accounts), (h) all Documents, (i) all Equipment, (j) all Financial Assets, (k) all Fixtures, (l) all General Intangibles, (m) all Goods, (n) all Insurance, (o) all Intellectual Property, (p) all Instruments, (q) all Inventory, (r) all Investment Property, (s) all Letters of Credit, (t) all Letter‑of‑Credit Rights, (u) all Licenses, (v) all Money, (w) all Payment Intangibles, (x) all Permits, (y) all Pledged Debt, (z) all Pledged Equity Interests, (aa) all Securities, (bb) all Securities Accounts, (cc) all Security Entitlements, (dd) all Software, (ee) all Supporting Obligations, and (ff) any and all Accessions, Proceeds and products of any and all of the foregoing, in each case, whether now owned or existing or owned, acquired, or arising hereafter.
Appears in 1 contract
Samples: Credit Agreement (BG Staffing, Inc.)
Assignment and Grant of Security Interest. As security for the payment and performance, as the case may be, in full of the Secured Obligations, each Grantor Debtor hereby assigns to, and pledges and grants to Secured Party, for it and the benefit of Secured Creditors, a security interest in all of its the entire right, title title, and interest in, to and under all personal property and other assets, whether now owned by or owing to, or hereafter acquired by or arising in favor of such Grantor (including under any trade name or derivations thereof), Debtor in and whether owned or consigned by or to, or leased from or to, such Grantor, and regardless of where located (all of which will be collectively referred to as the “Collateral”), including, in each case, whether now owned or hereinafter acquired: (a) all Accountsproperty of such Debtor, whether now or hereafter existing, owned, arising or acquired, and (b) all Chattel Paper of the following property of such Debtor, whether now or hereafter existing, owned, arising or acquired: (including Electronic Chattel Paper and Tangible i) Accounts, (ii) Accessions, (iii) As-Extracted Collateral, (iv) Chattel Paper), (cv) all Collateral Records, (dvi) all Commercial Tort Claims, including but not limited to the specific Commercial Tort Claims now or hereafter described on Schedule 129, (evii) all Commodity Accounts, (fviii) all Commodity Contracts, (gix) all Deposit Accounts (other than Exempt Accounts), (hx) all Documents, (ixi) all Equipment, (jxii) all Financial Assets, (kxiii) all Fixtures, (lxiv) all General Intangibles, (mxv) all Goods, (nxvi) all Instruments, (xvii) Insurance, (oxviii) all Intellectual Property, (pxix) all Instruments, (q) all Inventory, (rxx) all Investment Property, (sxxi) all Joint Sales Agreements, (xxii) Letters of Credit, (txxiii) all Letter‑of‑Credit Letter-of-Credit Rights, (uxxiv) all Licenses, (vxxv) all Local Marketing Agreements, (xxvi) Money, (wxxvii) all Payment Intangibles, (xxxviii) all Permits, (yxxix) all Pledged Debt, (zxxx) all Pledged Equity Interests, (aaxxxi) all Securities, (bbxxxii) all Securities Accounts, (ccxxxiii) all Security Entitlements, (ddxxxiv) all Shared Services Agreements, (xxxv) Software, (eexxxvi) all Supporting Obligations, and (ffxxxvii) any and all Accessions, Proceeds and products of any and all of the foregoing, in each case, whether now owned or existing or owned, acquired, or arising hereafterforegoing (“Collateral”).
Appears in 1 contract
Assignment and Grant of Security Interest. As security for the payment and performance, as the case may be, in full of the Secured Obligations, each Grantor Debtor hereby assigns toassigns, and pledges and grants to Secured PartyAdministrative Agent, for it and the benefit of Secured CreditorsParties, a security interest in all of its the entire right, title title, and interest in, of such Debtor in and to and under all personal property and other assetsof such Debtor, whether now owned by or owing to, or hereafter acquired by existing, owned, arising or arising in favor acquired, including all of the following property of such Grantor (including under any trade name or derivations thereof), and whether owned or consigned by or to, or leased from or to, such Grantor, and regardless of where located (all of which will be collectively referred to as the “Collateral”), including, in each caseDebtor, whether now owned or hereinafter hereafter existing, owned, arising or acquired: (a) all Accounts, (b) all Chattel Paper (including Electronic Chattel Paper and Tangible Chattel Paper)Accessions, (c) all As-Extracted Collateral, (d) Chattel Paper, (e) Collateral Records, (df) all Commercial Tort Claims, including but not limited to the specific Commercial Tort Claims now or hereafter described on Schedule 126, (eg) all Commodity Accounts, (fh) all Commodity Contracts, (g) all Deposit Accounts (other than Exempt Accounts), (h) all Documents, (i) all EquipmentDeposit Accounts, (j) all Documents, (k) Equipment, (l) Financial Assets, (km) all Fixtures, (ln) all General Intangibles, (m) all Goods, (n) all Insurance, (o) all Intellectual PropertyGoods, (p) all Instruments, (q) all InventoryInsurance, (r) all Investment Intellectual Property, (s) all Inventory, (t) Investment Property, (u) Letters of Credit, (t) all Letter‑of‑Credit Rights, (u) all Licenses, (v) all MoneyLetter-of-Credit Rights, (w) all Licenses, (x) Money, (y) Payment Intangibles, (xz) all Permits, (yaa) all Pledged Debt, (zbb) all Pledged Equity Interests, (aacc) all Securities, (bbdd) all Securities Accounts, (ccee) all Security Entitlements, (ddff) all Software, (eegg) all Supporting Obligations, and (ffhh) any and all Accessions, Proceeds and products of any and all of the foregoingforegoing (collectively, in each case, whether now owned or existing or owned, acquired, or arising hereafterthe "Collateral").
Appears in 1 contract
Assignment and Grant of Security Interest. As security for the payment and performance, as the case may be, in full of the Secured Obligations, each Grantor Debtor hereby assigns to, and pledges and grants to Secured Party, for the benefit of Secured Creditors, a security interest in the entire right, title, and interest of such Debtor in and to (a) all property of such Debtor, and (b) all of its rightthe following property of such Debtor, title and interest in, to and under all personal property and other assets, in each case whether now owned by or owing to, or hereafter acquired by existing, owned, arising or arising in favor acquired: (i) Accounts, (ii) Accessions, (iii) As-Extracted Collateral, (iv) Chattel Paper, (v) Collateral Records, (vi) Commercial Tort Claims, including but not limited to the specific Commercial Tort Claims described on Schedule 10, (vii) Commodity Accounts, (viii) Commodity Contracts, (ix) Deposit Accounts, (x) Documents, (xi) Equipment, (xii) Financial Assets, (xiii) Fixtures, (xiv) General Intangibles, (xv) Goods, (xvi) Instruments, (xvii) Insurance, (xviii) Intellectual Property, (xix) Inventory, (xx) Investment Property, (xxi) Letters of such Grantor Credit of which a Debtor is the beneficiary, (including under any trade name or derivations thereof)xxii) Letter-of-Credit Rights, (xxiii) Licenses, (xxiv) Money, (xxv) Payment Intangibles, (xxvi) Permits, (xxvii) Pledged Debt, (xxviii) Pledged Equity Interests, (xxix) Securities, (xxx) Securities Accounts, (xxxi) Security Entitlements, (xxxii) Software, (xxxiii) Supporting Obligations, and whether owned or consigned by or to(xxxiv) all Proceeds of the foregoing; provided, or leased from or tothat in no event shall the foregoing include the Excluded Property (collectively, such Grantor, and regardless of where located (all of which will be collectively the non-excluded Property described in this Section 2.01 is referred to herein as the “Collateral”), including, in each case, whether now owned or hereinafter acquired: (a) all Accounts, (b) all Chattel Paper (including Electronic Chattel Paper and Tangible Chattel Paper), (c) all Collateral Records, (d) all Commercial Tort Claims now or hereafter described on Schedule 12, (e) all Commodity Accounts, (f) all Commodity Contracts, (g) all Deposit Accounts (other than Exempt Accounts), (h) all Documents, (i) all Equipment, (j) all Financial Assets, (k) all Fixtures, (l) all General Intangibles, (m) all Goods, (n) all Insurance, (o) all Intellectual Property, (p) all Instruments, (q) all Inventory, (r) all Investment Property, (s) all Letters of Credit, (t) all Letter‑of‑Credit Rights, (u) all Licenses, (v) all Money, (w) all Payment Intangibles, (x) all Permits, (y) all Pledged Debt, (z) all Pledged Equity Interests, (aa) all Securities, (bb) all Securities Accounts, (cc) all Security Entitlements, (dd) all Software, (ee) all Supporting Obligations, and (ff) any and all Accessions, Proceeds and products of any and all of the foregoing, in each case, whether now owned or existing or owned, acquired, or arising hereafter.
Appears in 1 contract
Assignment and Grant of Security Interest. (a) As collateral security for the prompt and complete payment and performanceperformance when due (whether at stated maturity, as the case may be, in full by acceleration or otherwise) of all of the Secured Obligations, each Grantor whether now existing or hereafter arising and howsoever evidenced, the Borrower hereby assigns toassigns, and pledges transfers and grants to Secured Partythe Lender and hereby creates in favor of the Lender, for the benefit of the Secured CreditorsParties, a continuing Lien on and first priority security interest in in, and right of set-off against, all of its the right, title and interest inof the Borrower, to and under all personal property and other assetsfixtures of the Borrower, whether now owned by or owing to, existing or hereafter acquired by or arising in favor of such Grantor from time to time acquired, including, without limitation, the following (including under any trade name or derivations thereof)collectively, and whether owned or consigned by or to, or leased from or to, such Grantor, and regardless of where located (all of which will be collectively referred to as the “Collateral”), including, in each case, whether now owned or hereinafter acquired: ):
(a1) all Accounts, ;
(b2) all Chattel Paper paper;
(including Electronic Chattel Paper and Tangible Chattel Paper), (c) all Collateral Records, (d) all Commercial Tort Claims now or hereafter described on Schedule 12, (e) all Commodity Accounts, (f) all Commodity Contracts, (g3) all Deposit Accounts accounts;
(other than Exempt Accounts), (h4) all Documents, ;
(i5) all Equipment, ;
(j) all Financial Assets, (k) all Fixtures, (l6) all General Intangiblesintangibles (including all Payment intangibles, Contracts, Software, Copyrights, Marks, Patents, Trade Secret and Trade Secret Rights, and other intellectual property rights, including all applications, registrations and licenses therefor and all goodwill of any business connection therewith or represented thereby);
(m7) all GoodsGoods (including rights to returned or repossessed goods and rights of stoppage in transit);
(8) all Instruments (including, without limitation, Promissory notes);
(n) all Insurance, (o) all Intellectual Property, (p) all Instruments, (q9) all Inventory, ;
(r10) all Investment Propertyproperty (including certificated and uncertificated Securities, Securities accounts, Security entitlements, Commodity accounts and Commodity contracts);
(s11) all Letters of Credit, credit and Letter-of-credit rights;
(t) all Letter‑of‑Credit Rights, (u) all Licenses, (v) all Money, (w) all Payment Intangibles, (x) all Permits, (y) all Pledged Debt, (z) all Pledged Equity Interests, (aa) all Securities, (bb) all Securities Accounts, (cc) all Security Entitlements, (dd) all Software, (ee12) all Supporting Obligationsobligations;
(13) all monies;
(14) all oil, gas or other minerals;
(15) all governmental approvals;
(16) all Fixtures;
(17) all Insurance Policies;
(18) all Commercial tort claims (as described on Appendix G hereto or in any writing delivered pursuant to Section 2.4(f) hereof);
(19) all As-extracted collateral;
(20) without limiting the generality of the foregoing, all other personal property or interests in personal property, credits, claims, demands and assets of the Borrower, whether now existing or hereafter acquired from time to time and whether or not of a type which may be subject to a security interest under the UCC;
(21) all supporting evidence and documents relating to any of the above-described property, including, without limitation, computer programs, disks, tapes and related electronic data processing media, and all rights of the Borrower to retrieve the same from third parties, written applications, credit information, account cards, payment records, correspondence, delivery and installation certificates, invoice copies, delivery receipts, notes and other evidences of indebtedness, insurance certificates and the like; and
(ff22) any and all Accessions, Proceeds additions and products of Accessions to any and all of the foregoing, in each caseall improvements thereto, all substitutions and replacements therefor and all products and Proceeds thereof.
(b) The security interest granted to the Lender pursuant to this Agreement extends to all Collateral of the kind which is the subject of this Agreement which the Borrower may acquire at any time during the continuation of this Agreement, whether now owned such Collateral is in transit or existing or ownedin the Borrower’s, acquiredthe Lender’s, any Secured Party’s, or arising hereafterany other Person’s constructive, actual or exclusive occupancy or possession.
Appears in 1 contract