Collateral and Obligations. In these Conditions:
Collateral and Obligations. In order to secure the Obligations, Fund and Managing Entity hereby grant, pledge, charge and assign by way of security to Administrative Agent for the benefit of Secured Parties, a first priority security interest and lien in and to and over the following (the “Collateral”):
(a) Managing Entity’s right to make and enforce Capital Calls pursuant to the Governing Agreement, and all other rights, titles, interests, powers and privileges related to, appurtenant to or arising out of Managing Entity’s right to require or demand that Investors make Capital Contributions to the capital of Fund, in each case, in accordance with the Governing Agreement;
(b) Fund’s rights, titles, interests and privileges in and to the Capital Commitments and the Capital Contributions, whether now owned or hereafter acquired; and
(c) Managing Entity’s and Fund’s rights, titles, interests, remedies, and privileges under the Governing Agreement relating to Capital Commitments and any other rights of Fund and Managing Entity under the Governing Agreement to call for additional Capital Contributions and to receive the same, or the enforcement thereof. Administrative Agent acknowledges that the Collateral does not include (i) an interest in the Managing Entity’s or any Investor’s Ownership Interest in Fund or (ii) items (if any) to the extent not permitted by law. Each of Fund and Managing Entity hereby authorizes Administrative Agent to file such filing statements or continuation statements, or amendments thereto, and such other instruments or notices as may be necessary or that Administrative Agent may reasonably request in order to perfect and preserve the security interests and other rights granted or purported to be granted to Administrative Agent hereby. Administrative Agent, in its discretion, without in any manner impairing any of its rights and powers hereunder, may, at any time and from time to time, without further consent of or notice to Fund, with or without valuable consideration file this Security Agreement or a photocopy hereof, or any financing statement with respect hereto (and any amendment, modification, supplement or continuation in respect of any such financing statement).
Collateral and Obligations. In order to secure all Obligations of Borrower Parties under the Credit Agreement and the other Loan Documents, the Fund hereby pledges, charges, grants and collaterally assigns to the Administrative Agent, for the benefit of the Secured Parties, to the extent permitted by law and subject to the terms and conditions of this Security Agreement, a first priority security interest and lien (subject to Permitted Liens) in, to and under the following, whether now existing or hereafter acquired or arising and wherever located (the “Collateral”):
(a) The Fund’s right to make Capital Calls, and all other rights, titles, interests, powers and privileges related to, appurtenant to or arising out of the Fund’s right to require or demand that Investors make Capital Contributions to the capital of the Fund;
(b) The Fund’s rights, titles, interests and privileges in and to the Capital Commitments and the Capital Contributions, whether now owned or hereafter acquired; and
(c) The Fund’s rights, titles, interests, remedies, and privileges under the Fund Documents relating to Capital Commitments and any other rights of the Fund under the Fund Documents to call for additional Capital Contributions and to receive the same, or the enforcement thereof. The Administrative Agent, in its discretion to the extent it deems necessary to protect its security interest, without in any manner impairing any rights and powers of the Secured Parties hereunder, may, at any time and from time to time, without further consent of or notice to the Fund, with or without valuable consideration file this Security Agreement or a photocopy hereof, or any financing statement with respect hereto (and any amendment, modification, supplement or continuation in respect of any such financing statement).
Collateral and Obligations. Pledgor is the legal and equitable owner of a general partnership interest (the "GENERAL PARTNERSHIP INTEREST") in Xxxxx Management, L.P., a Delaware limited partnership (the "PARTNERSHIP"), created and existing under that certain Agreement of Limited Partnership dated February 17, 1994, as amended by that certain Assignment and Assumption Agreement and Amendment to Agreement of Limited Partnership (the "ASSIGNMENT AND ASSUMPTION AND AMENDMENT AGREEMENT"), dated of even date herewith, (as amended, the "PARTNERSHIP AGREEMENT"). Pursuant to that certain General Partnership Interest Purchase Agreement of even date herewith (the "PURCHASE AGREEMENT"), Pledgor has executed that one certain promissory note payable to the order of Secured Party in the original principal amount of Three Million Eight Hundred Thousand Dollars ($3,800,000) (the "NOTE"), dated of even date herewith. Capitalized terms not otherwise defined herein shall have the same meanings as in the Note, the terms and provisions of which are incorporated by this reference. As used herein, the term "
Collateral and Obligations. In order to secure the Obligations, Borrower hereby grants to Administrative Agent for the benefit of the Secured Parties, to the extent permitted by law and subject to the terms and conditions of this Security Agreement and the Operating Agreement, a first priority security interest (except to the extent of Permitted Liens) and lien in and to the following (the “Collateral”):
(a) Borrower’s right to make Capital Calls, and all other rights, titles, interests, powers and privileges related to, appurtenant to or arising out of Borrower’s right to require or demand that Investors make Capital Contributions to the capital of Borrower, in each case, in accordance with the Operating Agreement; Table of Contents
(b) Borrower’s rights, titles, interests and privileges in and to the Capital Contributions, whether now owned or hereafter acquired, and any other rights of Borrower to receive the same; and
(c) Borrower’s rights, titles, interests, remedies, and privileges under the Operating Agreement relating to Capital Contributions and any other rights of Borrower under the Operating Agreement to call for additional Capital Contributions or the enforcement thereof. Administrative Agent acknowledges that the Collateral does not include (i) an interest in any Investor’s Membership Interest in Borrower, or (ii) those items excluded from the definition of Collateral pursuant to the last paragraph of Section 5.01 of the Credit Agreement. Administrative Agent, in its discretion, without in any manner impairing any of its rights and powers of the Secured Parties hereunder, may, at any time and from time to time, without further consent of or notice to Borrower, with or without valuable consideration, file this Security Agreement or a photocopy hereof, or any financing statement with respect hereto covering the Collateral (and any amendment, modification, supplement or continuation in respect of any such financing statement).
Collateral and Obligations. Pledgor is the legal and equitable owner of Southwest Securities, Inc. Account Number 155156765 (the "Collateral"). Contemporaneous with Pledgor's execution hereof, FIRST CONSUMER CREDIT, INC. ("Borrower") shall execute that one certain promissory note, payable to the order of Secured Party, in the original principal amount of $4,000,000.00 (the "Note"). As used herein, the term "
Collateral and Obligations. In consideration of any financial accommodation at any time granted by Chippewa Valley Bank ("Lender"), to Citizens Community Bancorp, Inc. ("Borrower"), each of the undersigned ("Debtor") grants to Lender a security interest in all property of any kind in which Debtor has an ownership interest and is now or hereafter in the possession or control of Lender for collateral purposes pursuant to this Agreement and in the following described property: All shares of stock issued by Citizens Community Federal National Association ("CCFNA") and held by Debtor, including without limitation 1,000,000 shares represented by stock Certificate #1 issued by CCFNA which, as of the date hereof, represents 100% of all outstanding stock of CCFNA and any re-issuance or replacement thereof. and all proceeds of and all supporting obligations and other rights in connection with such property ("Collateral"). Listing of property in the collateral records of Lender is prima facie evidence that it is held for collateral purposes. The Collateral shall secure all debts, obligations and liabilities to Lender arising out of credit previously granted, credit contemporaneously granted and credit granted in the future by Lender to any Debtor, or any Borrower, to any of them and another, or to another guaranteed or endorsed by any of them ("Obligations "). Debtor agrees promptly to deliver to Lender any property received in exchange for or as a dividend or distribution (other than interest payments or ordinary cash dividends payable prior to the occurrence of an event of default as described in Section 12 ("Event of Default')) on or with respect to any security constituting part of the Collateral.
Collateral and Obligations. In order to secure the Notes and the Obligations, Fund and General Partner hereby grant to Administrative Agent for the benefit of the Secured Parties, to the extent permitted by law and subject to the terms and conditions of this Security Agreement, a first priority security interest and lien in and to all of Fund’s and General Partner’s right, title and interest, as applicable, whether now owned or hereafter acquired, in and to the following (the “Collateral”):
(a) General Partner’s right to make Capital Calls, and all other rights, titles, interests, powers and privileges related to, appurtenant to or arising out of General Partner’s right to require or demand that Investors make Capital Contributions to the capital of Fund; 1 Name of Guarantor to be incorporated and conforming changes to be made throughout. With respect to Initial Guarantor, references to General Partner will be substituted with “Fund” or removed, as context requires.
(b) Fund’s rights, titles, interests and privileges in and to the Capital Commitments and the right to receive the Capital Contributions and enforce payment thereof, whether now owned or hereafter acquired; and
(c) General Partner’s and Fund’s rights, titles, interests, remedies, and privileges under the Governing Documents relating to Capital Commitments and any other rights of Fund and General Partner under the Governing Documents to call for additional Capital Contributions and to receive the same, or the enforcement thereof. Administrative Agent acknowledges that the Collateral does not include an interest in any Investor’s Subscribed Interest in Fund. Administrative Agent, in its discretion, without in any manner impairing any rights and powers of the Secured Parties hereunder, may, at any time and from time to time, without further consent of or notice to Fund or General Partner, with or without valuable consideration file this Security Agreement or a photocopy hereof, or any financing statement with respect hereto (and any amendment, modification, supplement or continuation in respect of any such financing statement).
Collateral and Obligations. Pledgor hereby grants a security interest in and pledges to Lender the Account and all of the property now or hereafter therein or subject thereto, including cash, cash equivalents, stocks, bonds, notes, bills, securities (whether certificated or uncertificated), security entitlements and securities accounts and investment property, together with all proceeds and income therefrom and all replacements, additions and substitutions thereof (collectively, the “Collateral”) as security for the following (together or individually, the “Obligations”): (a) all “Liabilities” (as such term is defined in the Loan Agreement), and (b) all obligations and liabilities of Pledgor to Lender, whether now existing or hereafter arising, under the Loan Agreement.
Collateral and Obligations. Pledgor is the legal and equitable owner of Xxxxxxx Xxxxxx & Co., Inc. Account Number 5882-7340 (the "Collateral"). Contemporaneous with Pledgor's execution hereof, FIRST CONSUMER CREDIT, INC. ("Borrower") shall execute that one certain promissory note, payable to the order of Secured Party, in the original principal amount of $4,000,000.00 (the "Note"). As used herein, the term "
