Collateral Notes. Borrower will take such action as may be reasonably requested by Credit Union in order to cause all Collateral Notes to be valid and enforceable and will cause all Collateral Notes to have only one original counterpart. Upon written request, Borrower will deliver to Credit Union or its agent all Collateral Notes. Borrower will not deliver possession of such Collateral to any other Person and upon written request from Credit Union, will mxxx each Collateral Notes with a legend indicating that such Collateral Note is subject to the security interest granted hereunder. So long as Borrower complies with the Required MCR and is otherwise in compliance with the Agreement, Borrower may sell Collateral Notes in whole or in part, whether by participation or otherwise.
Collateral Notes. In addition to the Revolving Credit Notes, the Borrower agrees that with respect to any of the Real Estate to be mortgaged by it or any of its Subsidiaries hereunder, it will execute and deliver or cause such Subsidiary to execute and deliver to the Agent such collateral notes (the "Collateral Notes") in such form as the Agent and the Borrower may from time to time agree. The parties hereto hereby agree that (a) the aggregate amount of the Outstanding Obligations shall not be increased by the issuance of the Collateral Notes and (b) any payment or recovery on the Collateral Notes shall be applied to the Obligations pursuant to Section 14.
Collateral Notes. The Collateral Notes in a principal amount of at least [REDACTED ], indorsed in blank by the Borrower on note allonges relating thereto.
Collateral Notes. Borrower shall cause to be delivered to Credit Union or its designated agent or set aside in a secure location designated by Credit Union (who shall hold each Collateral Note for the benefit of Credit Union)
(1) each Collateral Note, together with an allonge thereto payable to the order of Credit Union in form and content satisfactory to Credit Union, and (2) an assignment in blank relating to each Mortgage and the other recorded Collateral Loan Documents, in form and content satisfactory to Credit Union.
Collateral Notes. Pioneer hereby grants to all of the Banks a security interest in all notes payable to Pioneer by any and all of its Subsidiaries now or at any time hereafter in the form of the Subsidiary Revolving Grid Note or otherwise. Upon execution hereof, Pioneer will deliver to the Agent Bank possession of all existing notes payable by any and all of its Subsidiaries to it and within three (3) days after the future execution of any note payable by any Subsidiary to Pioneer it will deliver possession of the same to the Agent Bank. All notes payable to Pioneer by its Subsidiaries shall be endorsed in blank when delivered to the Agent Bank by Pioneer. The Banks agree that they will not, prior to the declaration of a default hereunder, demand payment, except as otherwise expressly provided in this Agreement, of any note in the possession of the Agent Bank which is payable to Pioneer by any of its Subsidiaries because any such note is payable on demand. Pioneer also hereby assigns to all of the Banks, and grants to all of the Banks a security interest in, all of its rights under that certain Assignment of Note Payments between Pioneer and each of its Subsidiaries, except Pioneer Military Insurance, dated June 9, 1993 to directly receive from each of such Subsidiaries the proceeds of all note payments receivable by its Subsidiaries from their customers. The Banks further agree to forbear exercise of their rights under such Assignment of Note Payments unless and until Pioneer receives notice from any Bank declaring Pioneer to be in default hereunder because of the occurrence of an Event of Default.
Collateral Notes. Debtor shall cause to be delivered to Lender or its designated agent (who shall hold each Collateral Note for the benefit of Lender)
(1) each Collateral Note, together with an allonge thereto payable to the order of Lender in form and content satisfactory to Lender, and (2) an assignment in blank relating to each Mortgage and the other recorded Collateral Loan Documents, in form and content satisfactory to Lender.
Collateral Notes. See Section
Collateral Notes. In addition to the Term A Notes, the Revolving Credit Notes and the Canadian Notes, each of the Borrowers agrees that with respect to any of the Real Estate to be mortgaged by it or any of its Subsidiaries hereunder, it will execute and deliver or cause such Subsidiary to execute and deliver to the Agent such collateral notes (the "Collateral Notes") in such form as the Agent and the Borrowers may from time to time agree. The parties hereto hereby agree that (a) the aggregate amount of the Outstanding Obligations shall not be increased by the issuance of the Collateral Notes and (b) any payment or recovery on the Collateral Notes shall be applied to the Obligations pursuant to Section 14.
Collateral Notes. Any promissory notes issued by one or more of the Borrowers in favor of BKB as agent under such notes, executed and delivered pursuant to ss.9.20, and assigned to the Administrative Agent, each of which such notes shall be secured by one of the Mortgages.
Collateral Notes. See Section 7.3. Commitment Fee. Individually and collectively, the Domestic Commitment Fee and the Canadian Commitment Fee. Compliance Certificate. See Section 9.4(d). Consolidated or consolidated. With reference to any term defined herein, shall mean that term as applied to the accounts of the Borrowers and all of their Subsidiaries, consolidated in accordance with GAAP. Consolidated Cash Flow. For any period, Consolidated EBITDA of the Borrowers and their Subsidiaries for such period, (A) minus cash taxes paid during such period by the Borrowers and their Subsidiaries on a consolidated basis, (B) minus the greater of (i) the aggregate amount of Maintenance Capital Expenditures made during such period by the Borrowers and their Subsidiaries and (ii) an aggregate amount equal to the sum of an amount calculated for each Unit in operation on the last day of such period equal to $350,000 multiplied by the number of days in such period during which such Unit was in operation divided by 365, (C) plus Unit Operating Lease Expense for such period. Consolidated EBITDA. For any period, the sum of (A) the Consolidated Pre-Tax Income of the Borrowers and their Subsidiaries for such period, plus (B) to the extent deducted in the calculation of Consolidated Pre-Tax Income of the Borrowers and their Subsidiaries, (i) Consolidated Total Interest Expense for such period, plus (ii) Consolidated Start-Up Costs and depreciation and amortization expenses of the Borrowers and their Subsidiaries for such period, plus (iii) other non-cash charges of the Borrowers and their Subsidiaries for such period, plus (iv) extraordinary, non-recurring losses (including, without limitation, losses from asset dispositions) minus (C) to the extent included in the calculation of Consolidated Pre-Tax Income of the Borrowers and their Subsidiaries, all extraordinary, non-recurring gains (including, without limitation, gains from asset dispositions). Consolidated Fixed Charges. For any period, the sum of (a) all scheduled payments of principal on Indebtedness of the Borrowers and their Subsidiaries, including Capitalized Leases and including synthetic leases referred to in clause (vi) of the definition of the term "Indebtedness" during such period, plus (b) Consolidated Total Interest Expense during such period, plus (c) Unit Operating Lease Expense during such period. Demand obligations shall be deemed to be due and payable during any period during which such obligations are outstanding. Consol...
