Canadian Security Documents Sample Clauses

Canadian Security Documents. Any Canadian Security Document or any material provision of any Canadian Security Document shall cease to be in full force or effect (other than pursuant to the terms hereof or thereof or as a result of acts or omissions of the Administrative Agent or any Lender) or any grantor thereunder or any Credit Party shall deny or disaffirm in writing any grantors obligations under any Canadian Security Document; or

Canadian Security Documents the Canadian Pledge Agreement, the Canadian Security Agreements, the Canadian Mortgages, the Canadian Patent Security Agreements, the Canadian Copyright Security Agreements, the Canadian Trademark Security Agreements and all other documents, instruments and agreements now or hereafter securing any Canadian Secured Obligations.

Canadian Security Documents the General Security Agreement and the Quebec Security Documents, together with all security agreements, deeds of hypothec, pledge agreements or other collateral security agreements, instruments or documents (including Lien Waivers, Lien Priority Agreements and estoppel letters) entered into or to be entered into by any Loan Party pursuant to which such Loan Party grants or perfects a security interest in its assets to the Administrative Agent, including, without limitation PPSA and UCC financing statements and certified statements issued by the Québec Register of Personal and Movable Real Rights, required to be executed or delivered pursuant to any Canadian Security Document. Capital Adequacy Regulation – any law, rule, regulation, guideline, request or directive of any central bank or other Governmental Authority, whether or not having the force of law, regarding capital adequacy of a bank or any Person controlling a bank. Capital Assets – fixed assets, both tangible (such as land, buildings, fixtures, machinery and equipment) and intangible (such as patents, copyrights, trademarks, franchises and goodwill); provided that Capital Assets shall not include any item customarily charged directly to expense or depreciated over a useful life of twelve (12) months or less in accordance with GAAP. Capital Block – as of any date of calculation after December 20, 2014, an amount equal to $12,500,000 minus the Seasonal Block, provided however, that such Capital Block shall be removed if the following conditions are satisfied: (i) Borrowers have delivered the required financial reporting statements for the period ending December 31, 2014 which demonstrates that the Loan Parties are in compliance with the financial covenant set forth in Section 10.2.27 and (ii) there are no Events of Default continuing on the date the financial reporting statements contemplated in paragraph (i) are delivered to the Agents and the Lenders. Capital Expenditures – amounts paid or Debt incurred by the Borrowers or any of their Subsidiaries in connection with (i) the purchase or lease by the Borrowers or any of their Subsidiaries of Capital Assets that would be required to be capitalized and shown on the balance sheet of such Person in accordance with GAAP or (ii) the lease of any assets by the Borrowers or any of their Subsidiaries as lessee under any synthetic lease to the extent that such assets would have been Capital Assets had the synthetic lease been treated for accounting purposes...

Canadian Security Documents. (i) The Foreign Facility Guarantee and Collateral Agreement, the Canadian Security Agreement and each Deed of Movable Hypothec is effective to create in favor of Agent, for the benefit of the Canadian Facility Secured Parties, a legal, valid and enforceable security interest in the Collateral described therein and (A) in respect of any such Collateral in which a security interest can be perfected by control or possession, such Collateral has been delivered to Agent, in its capacity as agent for the Foreign Facility Secured Parties solely for the purpose of perfecting the security interest granted to Agent in such Collateral, and for so long as Agent remains in control or possession of such Collateral, the security interest in such Collateral created by the Foreign Facility Guarantee and Collateral Agreement, the Canadian Security Agreement and each Deed of Movable Hypothec shall constitute a perfected first priority security interest in all right, title and interest of the pledgor thereunder in such Collateral, in each case prior and superior in right to any other Person, other than with respect to Liens permitted by Section 10.2.2 and (B) in respect of such Collateral in which a security interest can be perfected by the filing of a UCC or PPSA financing statement or a hypothec registration in accordance with the Civil Code, financing statements and registrations, as applicable, in appropriate form have been filed or registered in the offices specified on Schedule 1.04 to the Perfection Certificate most recently delivered to Agent, and the security interests created by the Foreign Facility Guarantee and Collateral Agreement, the Canadian Security Agreement and each Deed of Movable Hypothec constitute perfected security interests in all right, title and interest of the grantors thereunder in such Collateral, in each case prior and superior in right to any other Person, other than with respect to Liens permitted by Section 10.2.2. (ii) [Reserved]. (iii) The Canadian Security Agreement (or a summary thereof) will within ten (10) days of the Closing Date be filed in the Canadian Intellectual Property Office and each other intellectual property registration office where same has been filed, the financing statements and registrations referred to in Section 9.1.17(a)(i)(B) above have been appropriately filed and registered and each security interest created by the Foreign Facility Guarantee and Collateral Agreement, the Canadian Security Agreement and each Deed o...

Canadian Security Documents the General Security Agreement and the deed of hypothec charging the universality of moveable property each granted by the Canadian Loan Parties in favor of the Canadian Agent, together with all security agreements, deeds of hypothec, pledge agreements, or other collateral security agreements, instruments or documents (including Lien Waivers, Lien Priority Agreements and estoppel letters) entered into or to be entered into by any Loan Party pursuant to which such Loan Party grants or perfects a security interest in its assets to the Canadian Agent, including, without limitation PPSA and UCC financing statements and certified statements issued by the Québec Register of Personal and Movable Real Rights, required to be executed or delivered pursuant to any Canadian Security Document. Capital Adequacy Regulation - any law, rule, regulation, guideline, request or directive of any central bank or other Governmental Authority, whether or not having the force of law, regarding capital adequacy of a bank or any Person controlling a bank. Capital Assets - fixed assets, both tangible (such as land, buildings, fixtures, machinery and equipment) and intangible (such as patents, copyrights, trademarks, franchises and goodwill); provided that Capital Assets shall not include any item customarily charged directly to expense or depreciated over a useful life of twelve (12) months or less in accordance with GAAP. Capital Expenditures - amounts paid or Debt incurred by the Borrowers or any of their Subsidiaries in connection with (i) the purchase or lease by the Borrowers or any of their Subsidiaries of Capital Assets that would be required to be capitalized and shown on the balance sheet of such Person in accordance with GAAP or (ii) the lease of any assets by the Borrowers or any of their Subsidiaries as lessee under any synthetic lease to the extent that such assets would have been Capital Assets had the synthetic lease been treated for accounting purposes as a Capital Lease. Capital Lease - any lease that is required to be capitalized for financial reporting purposes in accordance with GAAP. Capital Stock - (a) in the case of a corporation, corporate stock; (b) in the case of an association or other business entity, any and all shares, interests, participations, rights or other equivalents (however designated) of corporate stock; (c) in the case of a partnership or limited liability company, partnership or membership interests (whether general or limited); and (d) any ot...

Canadian Security Documents. (a) KOG ULC shall have executed and delivered to the Administrative Agent the General Security Agreement in form and substance satisfactory to the Administrative Agent, (b) the Borrower shall have executed and delivered to the Administrative Agent the ULC Common Pledge Agreement in form and substance satisfactory to the Administrative Agent and (c) the Parent shall have executed and delivered to the Administrative Agent the ULC Preferred Pledge Agreement in form and substance satisfactory to the Administrative Agent.

Canadian Security Documents. For greater certainty, and without limiting the powers of the Administrative Agent hereunder or under the Canadian Security Documents, each of the Banks hereby acknowledges that the Administrative Agent shall, for the purposes of holding any security granted under the Canadian Security Documents pursuant to the laws of the Province of Quebec to secure payment of the Debentures (or any similar instruments), be the holder of an irrevocable power of attorney (fonde de pouvoir) (within the meaning of Article 2692 of the Civil Code of Quebec) for all present and future Banks and in particular for all present and future holders of the Debentures. Each of the Banks hereby constitutes, to the extent necessary, the Administrative Agent as the holder of such irrevocable power of attorney (fonde de pouvoir) in order to hold security granted under the Canadian Security Documents in the Province of Quebec to secure the Debentures (or any similar instrument). Each assignee Bank shall be deemed to have confirmed and ratified the constitution of the Administrative Agent as the holder of such irrevocable power of attorney (fonde de pouvoir) by execution of the relevant Assignment and Acceptance. Notwithstanding the provisions of Section 32 of the Special Corporate Powers Act (Quebec), the Administrative Agent may acquire and be the holder of a Debenture (or any similar instrument). CC Canada hereby acknowledges that a Debenture executed by it constitutes a title of indebtedness, as such term is used in Article 2692 of the Civil Code of Quebec. Each of Gendow and Airborne will make a similar acknowledgement in the Canadian Guarantee to be executed by them. The Administrative Agent hereby acknowledges and accepts the Quebec Hypothecation Agreements forming part of the Canadian Security Documents and agrees to be bound by the provisions thereof.

Canadian Security Documents. Such documents, each in form and substance satisfactory to each Lender, duly executed and delivered by Fabrene and its Subsidiaries, as any Lender shall have requested in order to create first priority Liens (or to confirm the Liens created or confirmed pursuant to the Existing Credit Agreement) in all of the assets of Fabrene and its Subsidiaries located, or arising out of its operations conducted, in Canada, in favor of (i) the Administrative Agent and the Lenders, as collateral security for the obligations of Fabrene and its Subsidiaries hereunder and (ii) Fabrene Holdings as collateral security for the obligations of Fabrene and its Subsidiaries to Fabrene Holdings arising from time to time under the Fabrene Intercompany Notes Agreement and the Fabrene Intercompany Notes, together with evidence that such action as shall be necessary to perfect or record such Liens under applicable law shall have been taken.

Canadian Security Documents. The Canadian Security Agreement, the Securities Pledge Agreement, the Canadian Mortgages, the Canadian Agency Account Agreements, the Guaranty, the Debenture, the Debenture Pledge Agreement and all other instruments and documents, including financing or other registration statements and any equivalent under the laws of any foreign jurisdiction, required to be executed and delivered pursuant to any Canadian Security Document and any security document entered into as security for the Canadian Obligations after the Closing Date in compliance with Section 9.16. Capital Assets. Fixed assets, both tangible (such as land, buildings, fixtures, machinery and equipment) and intangible (such as patents, copyrights, trademarks, franchises and good will); provided that Capital Assets shall not include any item customarily charged directly to expense or depreciated over a useful life of twelve (12) months or less in accordance with GAAP. Capital Expenditures. Amounts paid or Indebtedness incurred by the Borrowers or any of their Subsidiaries in connection with (i) the purchase or lease by the Borrowers or any of their Subsidiaries of Capital Assets that would be required to be capitalized and shown on the balance sheet of such Person in accordance with GAAP, (ii) New Unit Capital Expenditures, or (iii) the lease of any assets by the Borrowers or any of their Subsidiaries as lessee under any synthetic lease referred to in clause (vi) of the definition of the term "Indebtedness" to the extent that such assets would have been Capital Assets had the synthetic lease been treated for accounting purposes as a Capitalized Lease. Capitalized Leases. Leases under which any Borrower or any of their respective Subsidiaries is the lessee or obligor, the discounted future rental payment obligations under which are required to be capitalized on the balance sheet of the lessee or obligor in accordance with GAAP.

Canadian Security Documents. By not later than 60 days following the Closing Date (or such later date as the Collateral Agent may agree), deliver to the Collateral Agent, in form and substance reasonably satisfactory to the Collateral Agent, all documents reasonably requested by the Collateral Agent to perfect the Collateral Agent’s security interest in all assets of the Loan Parties located in Canada, including, without limitation, a local law Canadian security agreement, appropriate PPSA financing statements, appropriate Canadian Intellectual Property Office filings, PPSA estoppel letters (to the extent applicable), and an opinion of Canadian counsel as to such matters as the Collateral Agent may reasonably request.