Assignment of Accounts. To secure the prompt and unconditional payment, performance and discharge when due of all of Borrower’s obligations hereunder, under the Note, under this Agreement and under each and all of the other Loan Documents (collectively, the “Secured Obligations”), Borrower hereby assigns, pledges, conveys, sets over, delivers and transfers to Lender, for the benefit of the Lender, and grants a security interest to Lender, in and to all of Borrower’s now existing or hereafter arising right, title, estate, claim and interest in and to each and all of the following (the “Collateral”): (a) each and all of (i) the Accounts and (ii) any other deposit, trust and other account into which any Funds and/or Proceeds may now or hereafter be deposited; (b) all of the Account Collateral; (c) all moneys now or at any time hereafter deposited in any or all of the Accounts, all certificates, instruments and securities (whether certificated or uncertificated), if any, from time to time representing any or all of such Accounts or any interest therein and all claims, demands, general intangibles, choses in action and other rights or interests of Borrower in respect of the Accounts or any moneys now or at any time hereafter deposited therein; and any increases, renewals, extensions, substitutions and replacements thereto; (d) all notes, bonds, stocks, certificates of deposit, instruments and securities in which Funds or other Account Collateral may be invested or deposited and all interest, dividends, instruments and other property from time to time received in respect of or upon the sale, exchange or other transfer of any or all of the Account Collateral; (e) all contract rights, instruments, documents, general intangibles and other rights which Borrower may now have or hereafter acquire with respect to any of the Account Collateral, including without limitation Borrower’s rights under any trust or other agreement with any depository bank relating in any manner to any of the Accounts; (f) all accessions, increases and additions on or to any or all of the property described in items (a)-(e) above, inclusive; and (g) all Proceeds of each and every item of property described hereinabove in items above, inclusive.
Appears in 2 contracts
Samples: Loan Agreement (KBS Strategic Opportunity REIT II, Inc.), Loan Agreement (KBS Strategic Opportunity REIT II, Inc.)
Assignment of Accounts. To secure the prompt and unconditional payment, performance and discharge when due of all of Borrower’s obligations hereunder, under the Note, under this Agreement and under each and all of the other Loan Documents (collectively, the “Secured Obligations”), subject to the terms of the Management Agreement and the Management Agreement Assignment/Subordination, Borrower hereby assigns, pledges, conveys, sets over, delivers and transfers to LenderAdministrative Agent, for the benefit of the LenderLenders, and grants a security interest to LenderAdministrative Agent, for the benefit of Lenders, in and to all of Borrower’s now existing or hereafter arising right, title, estate, claim and interest in and to each and all of the following (the “Collateral”):following:
(a) each and all of (i) the Accounts and (ii) any other deposit, trust and other account into which any Funds and/or Proceeds may now or hereafter be deposited;
(b) all of the Account Collateral;
(c) all moneys now or at any time hereafter deposited in any or all of the Accounts, all certificates, instruments and securities (whether certificated or uncertificated), if any, from time to time representing any or all of such Accounts or any interest therein and all claims, demands, general intangibles, choses in action and other rights or interests of Borrower in respect of the Accounts or any moneys now or at any time hereafter deposited therein; and any increases, renewals, extensions, substitutions and replacements thereto;
(d) all notes, bonds, stocks, certificates of deposit, instruments and securities in which Funds or other Account Collateral may be invested or deposited and all interest, dividends, instruments and other property from time to time received in respect of or upon the sale, exchange or other transfer of any or all of the Account Collateral;
(e) all contract rights, instruments, documents, general intangibles and other rights which Borrower may now have or hereafter acquire with respect to any of the Account Collateral, including without limitation Borrower’s rights under any trust or other agreement with any depository bank the Depository Bank relating in any manner to any of the Accounts;
(f) all accessions, increases and additions on or to any or all of the property described in items (a)-(e) above, inclusive; and
(g) all Proceeds of each and every item of property described hereinabove in items above, inclusive.
Appears in 1 contract
Assignment of Accounts. To secure the prompt and unconditional payment, performance and discharge when due of all of Borrower’s obligations hereunder, under the any Note, under this Agreement and under each and all of the other Loan Documents (collectively, the “Secured Obligations”), Borrower and Operating Lessee hereby assigns, pledges, conveys, sets over, delivers and transfers to LenderAdministrative Agent, for the benefit of the LenderLenders, and grants a security interest to LenderAdministrative Agent, for the benefit of Lenders, in and to all of Borrower’s and Operating Lessee’s now existing or hereafter arising right, title, estate, claim and interest in and to each and all of the following (the “Collateral”):following:
(a) each and all of (i) the Accounts and (ii) any other deposit, trust and other account into which any Funds and/or Proceeds may now or hereafter be depositedAccounts;
(b) all of the Account Collateral;
(c) all moneys now or at any time hereafter deposited in any or all of the Accounts, all certificates, instruments and securities (whether certificated or uncertificated), if any, from time to time representing any or all of such Accounts or any interest therein and all claims, demands, general intangibles, choses in action and other rights or interests of Borrower or Operating Lessee in respect of the Accounts or any moneys now or at any time hereafter deposited therein; and any increases, renewals, extensions, substitutions and replacements thereto;
(d) all notes, bonds, stocks, certificates of deposit, instruments and securities in which Funds or other Account Collateral may be invested or deposited and all interest, dividends, instruments and other property from time to time received in respect of or upon the sale, exchange or other transfer of any or all of the Account Collateral;
(e) all contract rights, instruments, documents, general intangibles and other rights which Borrower or Operating Lessee may now have or hereafter acquire with respect to any of the Account Collateral, including without limitation Borrower’s or Operating Lessee’s rights under any trust or other agreement with any depository bank the Depository Bank relating in any manner to any of the Accounts;
(f) all accessions, increases and additions on or to any or all of the property described in items (a)-(e) above, inclusive; and;
(g) all Proceeds of each and every item of property described hereinabove in items above, inclusive.
Appears in 1 contract
Assignment of Accounts. To secure the prompt and unconditional payment, performance and discharge when due of all of Borrower’s obligations hereunder, under the any Note, under this the Loan Agreement and under each and all of the other Loan Documents (collectively, the “Secured Obligations”), Borrower hereby assigns, pledges, conveys, sets over, delivers and transfers to LenderAdministrative Agent, for the benefit of the LenderLenders, and grants a security interest to LenderAdministrative Agent, for the benefit of Lenders, in and to all of Borrower’s now existing or hereafter arising right, title, estate, claim and interest in and to each and all of the following (the “Collateral”):following:
(a) each and all of (i) the Accounts and (ii) any other deposit, trust and other account into which any Funds and/or Proceeds may now or hereafter be depositedAccounts;
(b) all of the Account Collateral;
(c) all moneys now or at any time hereafter deposited in any or all of the Accounts, all certificates, instruments and securities (whether certificated or uncertificated), if any, from time to time representing any or all of such Accounts or any interest therein and all claims, demands, general intangibles, choses in action and other rights or interests of Borrower in respect of the Accounts or any moneys now or at any time hereafter deposited therein; and any increases, renewals, extensions, substitutions and replacements thereto;
(d) all notes, bonds, stocks, certificates of deposit, instruments and securities in which Funds or other Account Collateral may be invested or deposited and all interest, dividends, instruments and other property from time to time received in respect of or upon the sale, exchange or other transfer of any or all of the Account Collateral;
(e) all contract rights, instruments, documents, general intangibles and other rights which Borrower may now have or hereafter acquire with respect to any of the Account Collateral, including without limitation Borrower’s rights under any trust or other agreement with any depository bank the Depository Bank relating in any manner to any of the Accounts;
(f) all accessions, increases and additions on or to any or all of the property described in items (a)-(e) above, inclusive; and
(g) all Proceeds of each and every item of property described hereinabove in items above, inclusive.
Appears in 1 contract