Common use of Collateral General Terms Clause in Contracts

Collateral General Terms. 2.01 To secure the prompt, full and faithful performance to Secured Party of Borrower’s Obligations, Debtor grants to Secured Party a security interest in and to, and pledges and assigns to Secured Party, all of the following, now owned and hereafter acquired by Debtor and/or Debtor’s customers (referred to individually and/or collectively as the “Collateral”): all right, title, share and interest in, to and under (a) the securities account listed on Schedule I attached hereto and incorporated by reference (the “Collateral Account”); (b) those shares of stock, securities, security entitlements, and/or financial assets, together with any and all distributions, whether in cash or in kind, upon or in connection therewith, whether such distributions or payments are dividends, are in partial or complete liquidation, or are the result of reclassification, readjustment or other changes in the capital structure of the Person issuing the same, or otherwise, and any and all subscriptions, warrants, options and other rights issued upon and/or in connection therewith (collectively, the “Securities”), in each case, as deposited or held in or transferred or credited to or carried in the Collateral Account from time to time; (c) any and all monies, reserves, deposits, certificates of deposit and deposit accounts and interest or dividends, securities, investment property, cash, cash equivalents and other property now or at any time or times hereafter in the possession or under the control of Secured Party, its parent, Subsidiaries or Affiliates or its bailee; (c) any and all accessions to any of the Collateral and all substitutions, renewals, improvements and replacements of and additions thereto; and (d) all proceeds of the foregoing (whether in the form of cash, proceeds of insurance policies, instruments, documents, general intangibles, contract rights, accounts, chattel paper, or otherwise). Notwithstanding anything to the contrary, “Collateral” shall not include any (i) deposit accounts or securities accounts holding solely assets that have been segregated for the exclusive benefit of Debtor’s customers or such segregated assets, or (ii) trust or other fiduciary deposit accounts or securities accounts and the assets therein.

Collateral General Terms. 2.01 3.1 To secure the prompt payment to Bank of Borrower's Liabilities and the prompt, full and faithful performance by Borrower of all of the provisions to Secured Party of Borrower’s Obligationsbe kept, Debtor observed or performed by Borrower under this Agreement and/or the Other Agreements, Borrower grants to Secured Party Bank a security interest in and to, and pledges and collaterally assigns to Secured PartyBank, all of Borrower's property, wherever located, whether now or hereafter existing, owned, licensed, leased (to the followingextent of Borrower's leasehold interest therein), now owned and hereafter acquired by Debtor consigned (to the extent of Borrower's ownership therein), consigned (to the extent of Borrower's ownership therein), arising and/or Debtor’s customers (referred to individually and/or collectively as the “Collateral”): acquired, including without limitation all right, title, share and interest in, to and under of Borrower's: (a) the securities account listed on Schedule I attached hereto Accounts, chattel paper, tax refunds, contract rights, leases, leasehold interests, letters of credit, instruments, documents, documents of title, patents, copyrights, trademarks, tradenames, licenses, goodwill, beneficial interests and incorporated by reference (the “Collateral Account”)general intangibles; (b) those shares of stockall goods whose sale, securities, security entitlements, and/or financial assets, together with any and all distributions, whether in cash or in kind, upon or in connection therewith, whether such distributions or payments are dividends, are in partial or complete liquidation, or are the result of reclassification, readjustment lease or other changes in the capital structure of the Person issuing the same, or otherwise, disposition by Borrower have given rise to Accounts and any and all subscriptions, warrants, options and other rights issued upon and/or in connection therewith (collectively, the “Securities”), in each case, as deposited or held in or transferred or credited have been returned to or carried repossessed or stopped in the Collateral Account from time to timetransit by Borrower; (c) certificated and uncertificated securities; (d) goods, including without limitation all its consumer goods, machinery, equipment, farm products, fixtures and inventory; (e) liens, guaranties and other rights and privileges pertaining to any and all of the Collateral; (f) monies, reserves, deposits, certificates of deposit and deposit accounts and interest or dividends, securities, investment property, cashdividends thereon, cash equivalents and other or cash equivalents; (g) all property now or at any time or times hereafter in the possession or under the control of Secured Party, its parent, Subsidiaries or Affiliates Bank or its bailee; (ch) any and all accessions to any of the Collateral foregoing, all litigation proceeds pertaining to the foregoing and all substitutions, renewals, improvements and replacements of and additions theretoto the foregoing; and (di) all proceeds of the foregoing (whether books, records and computer records in the form of cash, proceeds of insurance policies, instruments, documents, general intangibles, contract rights, accounts, chattel paper, or otherwise). Notwithstanding anything any way relating to the contrary, “Collateral” shall not include any (i) deposit accounts or securities accounts holding solely assets that have been segregated for the exclusive benefit of Debtor’s customers or such segregated assets, or (ii) trust or other fiduciary deposit accounts or securities accounts and the assets thereinCollateral herein described.

Collateral General Terms. 2.01 2.1 To secure the prompt payment to Bank of Borrower's Liabilities, and the prompt, full and faithful performance to Secured Party of Borrower’s 's Obligations, Debtor Borrower grants to Secured Party Bank a security interest in and to, and pledges and assigns to Secured PartyBank, all of the following, Borrower's now owned and hereafter acquired by Debtor and/or Debtor’s customers acquired: (referred to individually and/or collectively as the “Collateral”): all a) right, title, share and interest in, to and under (a) the securities account listed on Schedule I attached hereto and incorporated by reference (the “Collateral Account”); (b) those shares of stockstock and/or other securities and investment property located in Depository Trust Company Account No(s). 2270, securities, security entitlements, and/or financial assetsand that have been specifically pledged as collateral to Bank, together with any and all distributions, whether in cash or in kind, upon or in connection therewith, whether such distributions or payments are dividends, are in partial or complete liquidation, or are the result of reclassification, readjustment or other changes in the capital structure of the Person person issuing the same, or otherwise, and any and all subscriptions, warrants, options and other rights issued upon and/or in connection therewith (collectively, the “"Securities”"), in each case, as deposited or held in or transferred or credited to or carried in the Collateral Account from time to time; (cb) any and all investment property, monies, reservesrevenues, deposits, certificates of deposit and deposit accounts and interest or dividendsdividends thereon, securities, investment property, cash, cash equivalents and other property now or at any time or times hereafter in the possession or under the control of Secured PartyBank, its parent, Subsidiaries subsidiaries or Affiliates affiliates, or its bailee; (c) any and all accessions to any of the Collateral and all substitutions, renewals, improvements and replacements of and additions thereto; and (d) any and all other property of Borrower, real and/or personal, in which Borrower heretofore, now and/or from time to time hereafter has granted or grants to Bank a security interest, lien, claim or other encumbrance; and (e) all products and proceeds of the foregoing (whether in the form of cash, proceeds of insurance policies, instruments, documents, general intangibles, investment property, contract rights, accounts, chattel paper, inventory equipment, goods or otherwise). Notwithstanding anything All of the foregoing is referred to herein individually and/or collectively as the contrary, “"Collateral” shall not include any (i) deposit accounts or securities accounts holding solely assets that have been segregated for the exclusive benefit of Debtor’s customers or such segregated assets, or (ii) trust or other fiduciary deposit accounts or securities accounts and the assets therein".