Common use of Borrower’s Assets Clause in Contracts

Borrower’s Assets. As security for the payment and performance of all obligations of Borrower to CoBank, including but not limited to all obligations of Borrower under Article 5 hereof, and principal and interest under the Notes, purchases of CoBank Equity Interests, fees, Funding Losses, reimbursements, and all other Bank Debt or obligations under any of the Loan Documents, Borrower has, pursuant to the provisions of the "Security Agreement" and the "Additional Security Agreements" (as the latter two terms are defined in the Intercreditor Agreement, and as they may be amended, restated, or otherwise modified from time to time), granted to the Collateral Agent a first lien and security interest, subject only to permitted encumbrances, in the "Collateral" as described in the Intercreditor Agreement ("Collateral"). It is expressly agreed by Borrower and CoBank that this Credit Agreement and each of the Loan Documents are amendments or modifications of and/or replacements to the documents described in Recital E of the Intercreditor Agreement and shall be deemed to be the "CoBank Agreements" as that term is used in the Intercreditor Agreement and the Notes issued hereunder shall be deemed to be the "CoBank Notes" as that term is used in the Intercreditor Agreement. Borrower shall execute and deliver to the Collateral Agent, or to CoBank in the event of the termination of the Intercreditor Agreement such security agreements, financing statements, mortgages, or other documents as Collateral Agent (or CoBank) shall request to establish, confirm, perfect or provide notice of the security interest granted to CoBank in the Collateral.

Borrower’s Assets. As security for the payment and performance of all obligations of Borrower to CoBankthe Administrative Agent, to FCSA (with respect to the obligations of Borrower under Article 6 hereof), and to all present and future Syndication Parties, including but not limited to all obligations of Borrower under Article 5 hereof, and principal and interest under the Notes, purchases of CoBank Bank Equity Interests, fees, Funding Losses, reimbursements, and all other Bank Debt or obligations under any of the Loan Documents, Borrower hasshall grant to, pursuant and maintain for, the Administrative Agent, for the benefit of FCSA (to the provisions extent of the "Security Agreement" and the "Additional Security Agreements" (as the latter two terms are defined in the Intercreditor AgreementBorrower's obligations with respect to Bank Equity Interests), and as they may be amendedfor the benefit of all present and future Syndication Parties, restated, or otherwise modified from time to time), granted to the Collateral Agent a first lien and security interest, pursuant to the Security Documents, subject only to permitted encumbrancesPermitted Encumbrances, in the "Collateral" as described in the Intercreditor Agreement following ("CollateralCOLLATERAL"). It is expressly agreed by Borrower ): all of Borrower's real property interest, furniture, fixtures and CoBank equipment located at, or used in connection with, the poultry hatching, raising, slaughtering, processing, packaging, and shipping operations and facilities identified on EXHIBIT 7.1 hereto ("PLEDGED FACILITIES") and including, without limitation, insurance policies in connection therewith and the proceeds thereof, whether now owned or hereafter acquired; provided only FCSA shall have a lien on the Bank Equity Interests, and that this Credit Agreement and each none of the Loan Documents are amendments or modifications of and/or replacements to the documents described in Recital E of the Intercreditor Agreement and Syndication Parties shall be deemed to be the "CoBank Agreements" as that term is used in the Intercreditor Agreement and the Notes issued hereunder shall be deemed to be the "CoBank Notes" as that term is used in the Intercreditor Agreementhave a lien thereon. Borrower shall execute and deliver to the Collateral Administrative Agent, or for the benefit of the Syndication Parties, the Security Documents to CoBank evidence the security interest of the Administrative Agent, for the benefit of the Syndication Parties, in the event of Collateral, together with such financing statements or other documents as the termination of the Intercreditor Agreement Administrative Agent shall reasonably request. Borrower shall also execute such further security agreements, mortgages, deeds of trust, financing statements, mortgages, assignments or other documents as Collateral the Administrative Agent (or CoBank) shall reasonably request from time to time, in form and substance as the Administrative Agent shall specify, to establish, confirm, perfect or provide notice of the Administrative Agent's security interest granted to CoBank (for the benefit of the Administrative Agent and all Syndication Parties) in the Collateral.

Borrower’s Assets. As security for the payment and performance of all obligations of Borrower to CoBankAgent, to CoBank (including but not limited to all obligations of Borrower under Article 5 8 hereof and under any agreement entered into by and between Borrower and CoBank pursuant to, or in furtherance of the purposes and requirements of, Section 5.4 hereof), and to the Syndication Parties, including but not limited to principal and interest under the Notes, purchases of CoBank Equity Interests, fees, Funding Losses, reimbursements, and all other Bank Debt or obligations under any of the Loan Documents, Borrower has, pursuant to the provisions of the "Security Agreement" and the "Additional Security Agreements" (as the latter two terms are defined in the Intercreditor Agreementshall grant to, and as they may be amendedmaintain for, restatedAgent, or otherwise modified from time to time)for the benefit of all present and future Syndication Parties, granted to the Collateral Agent a first lien and security interest, subject only to permitted encumbrancesPermitted Encumbrances, in all of its assets, both real and personal, tangible and intangible, whether now owned or hereafter acquired, including, without limitation, the "Collateral" as described NB Interest, all cattle, all feed, all accounts, Borrower's rights under the Purchase Agreement (including indemnification rights), all funds in the Intercreditor Agreement Post Closing Escrow Account in excess of the Post Closing Adjustment Amount, all funds in the DSR Account, the NB Agreement, the Delivery Agreements, and all of Borrower's interest in Subsidiary ("CollateralCOLLATERAL"). It is expressly agreed by Borrower and CoBank , pursuant to the Security Documents; provided that this Credit Agreement and each none of the Loan Documents are amendments or modifications of and/or replacements to Syndication Parties other than CoBank shall have a lien on the documents described in Recital E of the Intercreditor Agreement and shall be deemed to be the "CoBank Agreements" as that term is used in the Intercreditor Agreement and the Notes issued hereunder shall be deemed to be the "CoBank Notes" as that term is used in the Intercreditor AgreementEquity Interests. Borrower shall execute and deliver to the Collateral Agent, or for the benefit of the Syndication Parties, the Security Documents to CoBank evidence the security interest of Agent, for the benefit of the Syndication Parties, in the event Collateral, together with such financing statements or other documents as Agent shall request. Borrower shall deliver the originals of any certificates representing the termination NB Interest to Agent, for the benefit of the Intercreditor Agreement all present and future Syndication Parties. Borrower shall also execute such further security agreements, mortgages, deeds of trust, financing statements, mortgages, assignments or other documents as Collateral Agent (or CoBank) shall request reasonably request, in form and substance as Agent shall specify, to establish, confirm, perfect or provide notice of the Agent's security interest granted to CoBank (for the benefit of all Syndication Parties) in the Collateral. If requested by Agent: (a) Borrower and Agent shall place a legend on any chattel paper included in the Collateral showing Agent's security interest therein; and (b) Borrower shall deliver to Agent possession of any chattel paper, instruments and securities included in the Collateral (duly endorsed to Agent's reasonable satisfaction).

Borrower’s Assets. As security for To secure the payment and performance of the Bank Debt, Borrower hereby grants to the Agent for the ratable benefit of the Syndication Parties a continuing security interest in all obligations property and interests in property of Borrower to CoBankBorrower, whether now owned or existing or hereafter acquired or arising and wheresoever located, including but not limited to to: all obligations Accounts, Inventory, Equipment, Farm Products, Goods, General Intangibles, Payment Intangibles, Commercial Tort Claims (specifically described as those Commercial Tort Claims which are proceeds of Borrower under Article 5 hereofany of the other herein described collateral), Deposit Accounts, Margin Accounts, Commodity Accounts, Commodity Contracts, Securities Accounts, Investment Property, Instruments, Letter of Credit Rights, Documents, Chattel Paper, Electronic Chattel Paper, Tangible Chattel Paper, Investor Notes and Investor Loan Documents, all accessions to, substitutions for, and principal all replacements, products and interest proceeds of the foregoing (including without limitation, proceeds of insurance policies insuring any of the foregoing), all books and records pertaining to any of the foregoing (including without limitation, customer lists, credit files, computer programs, printouts and other computer materials and records), and all insurance policies insuring any of the foregoing, including, without limitation, the NB Interest, all cattle, all feed, all accounts, Borrower’s rights under the NotesPurchase Agreement (including indemnification rights), purchases the Cattle Purchase and Sale Agreement, and the Delivery Agreements (“Collateral”); provided that none of the Syndication Parties other than CoBank shall have a lien on the CoBank Equity Interests, fees, Funding Losses, reimbursements, and all other Bank Debt or obligations under any of the Loan Documents, Borrower has, pursuant to the provisions of the "Security Agreement" and the "Additional Security Agreements" (as the latter two terms are defined in the Intercreditor Agreement, and as they may be amended, restated, or otherwise modified from time to time), granted to the Collateral Agent a first lien and security interest, subject only to permitted encumbrances, in the "Collateral" as described in the Intercreditor Agreement ("Collateral"). It is expressly agreed by Borrower and CoBank that this Credit Agreement and each of the Loan Documents are amendments or modifications of and/or replacements to the documents described in Recital E of the Intercreditor Agreement and shall be deemed to be the "CoBank Agreements" as that term is used in the Intercreditor Agreement and the Notes issued hereunder shall be deemed to be the "CoBank Notes" as that term is used in the Intercreditor Agreement. Borrower shall execute and deliver to the Collateral Agent, or for the benefit of the Syndication Parties, a Pledge Agreement to CoBank evidence the security interest of Agent, for the benefit of the Syndication Parties, in the event NB Interest. Borrower shall deliver the originals of any certificates representing the termination NB Interest to Agent, for the benefit of the Intercreditor Agreement all present and future Syndication Parties. Borrower shall also execute such further security agreements, mortgages, deeds of trust, financing statements, mortgages, assignments or other documents as Collateral Agent (or CoBank) shall request reasonably request, in form and substance as Agent shall specify, to establish, confirm, perfect or provide notice of the Agent's security interest granted to CoBank (for the benefit of all Syndication Parties) in the Collateral. If requested by Agent: (a) Borrower and Agent shall place a legend on any chattel paper included in the Collateral showing Agent's security interest therein; and (b) Borrower shall deliver to Agent possession of any chattel paper, instruments and securities included in the Collateral (duly endorsed to Agent's reasonable satisfaction).