Collateral for the Note. The Note shall be unsecured.
Collateral for the Note. The Note shall not be secured.
Collateral for the Note. The Note shall be secured by the collateral set forth in that certain Security Agreement attached hereto as Exhibit B listing certain of Company’s assets as security for Company’s obligations under the Transaction Documents (the “Security Agreement”).
Collateral for the Note. The Note shall be secured by the collateral set forth in that certain Security Agreement attached hereto as Exhibit B listing substantially all of Company’s assets as security for Company’s obligations under the Transaction Documents (the “Security Agreement”); provided, however, that the security interest granted pursuant to the Security Agreement shall not become effective unless and until either: (a) Investor purchases the Company’s outstanding obligations (the “Hercules Debt”) under that certain Loan and Security Agreement between Company and Hercules Capital, Inc. (f/k/a Hercules Technology Growth Capital, Inc.), a Maryland corporation (“Hercules”), on August 18, 2015, as amended, pursuant to the purchase right set forth in Section 4 of the Subordination Agreement; or (b) Company repays the Hercules Debt in full.
Collateral for the Note. (a) The Note will be secured by 300,000 shares of restricted common stock of Great American Family Parks, Inc., owned by Xxxxxxx Xxxxxxx.
(b) A total of 270,000 shares of said stock collateral for the Note will be provided to Seller at closing by Xxxxxxx Xxxxxxx by his delivery at closing to Seller Great American Family Parks, Inc., stock certificate No. ____________ for 270,000 shares endorsed by him in blank, with his signature medallion bank guaranteed.
(c) A total of 30,000 shares of said stock collateral for the Note will be provided to Seller within two (2) weeks after closing by Xxxxxxx Xxxxxxx by his delivery during that time to Seller a stock certificate for 30,000 shares duly endorsed by him in blank, with his signature medallion bank guaranteed.
(d) Said stock certificates will each be delivered with an executed stock power in the form of Exhibit “C” hereto.
(e) Seller may at any time during the term of the Note sell the stock to pay the Note, except that Seller may not sell said stock if Buyer or Xxxxxxx Xxxxxxx give Seller ten (10) days notice that the Note will be paid in cash and said payment is duly made. If Seller elects to sell said stock, then, in that event, the proceeds from the sale of the stock shall be deemed to pay the Note in full, and Seller may retain all of said proceeds, regardless of the amount of the proceeds received from the sale.
Collateral for the Note. The Note shall be secured by (i) the collateral set forth in that certain Security Agreement attached hereto as Exhibit D listing all of Mining Sub’s assets as security for Mining Sub’s obligations under the Transaction Documents (the “Mining Sub Security Agreement”), and (ii) a Pledge Agreement substantially in the form attached hereto as Exhibit E (the “Pledge Agreement”) whereby Company is pledging all of the common stock of Mining Sub as security for Company’s obligations under the Transaction Documents.
Collateral for the Note. The Notes, together with Company’s obligations under the Transaction Documents, shall be guaranteed by certain subsidiaries of the Company, and secured by certain collateral of the Company and such subsidiaries, as set forth in that certain Security Agreement substantially in the form attached hereto as Exhibit C (the “Security Agreement”). The parties acknowledge and agree that the collateral covered by the Security Agreement is currently encumbered by a lien in favor of Bank of America, N.A. (“BAML”), as administrative and collateral agent for the secured parties under that certain Amended and Restated Security Agreement, dated as of May 26, 2016 (as amended and restated, supplemented or otherwise modified from time to time, the “ABL Agreement”) among Company, the lenders party thereto from time to time and BAML, as administrative and collateral agent, and that such security interest of BAML shall constitute a “Permitted Lien” under the Security Agreement.
Collateral for the Note. The Note shall be secured by a Stock Pledge Agreement substantially in the form attached hereto as Exhibit B whereby CW Navigation, Inc., a Texas corporation and significant shareholder of Company (“CW Navigation”), will pledge two million one hundred thousand (2,100,000) shares of Company’s Common Stock (the “Pledged Shares”) as security for Company’s obligations under the Transaction Documents (the “Pledge Agreement”).
Collateral for the Note. The Note shall be secured by that certain Deed of Trust, Assignment of Rents, Trust Deed and Fixture Filing recorded on May 17, 2018 in the official records of Xxxxx County, Colorado, as Reception #2018000039976 (as amended by that certain Third Amendment to Deed of Trust, Assignment of Rents, Trust Deed and Fixture Filing attached hereto as Exhibit D, the “Trust Deed”) encumbering certain real property in Xxxxx County, Colorado described therein (the “Property”).
Collateral for the Note. The Note shall be secured by the collateral set forth in that certain Stock Pledge Agreement attached hereto as Exhibit D whereby Xxxxxxx Xxxx, an individual (“Pledgor”), is pledging 2,500,000 shares of Company’s Common Stock (the “Pledged Shares”) as security for Company’s obligations under the Transaction Documents (the “Pledge Agreement”).
