Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 or more, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 16 contracts
Samples: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.), Security Agreement
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim seeking damages in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more250,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance satisfactory to the Collateral Agent.
Appears in 12 contracts
Samples: Second Lien Guarantee and Collateral Agreement (STR Holdings, Inc.), First Lien Credit Agreement (STR Holdings, Inc.), First Lien Credit Agreement (STR Holdings (New) LLC)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more5,000,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 11 contracts
Samples: Term Facility Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (Community Health Systems Inc), Guarantee and Collateral Agreement (Community Health Systems Inc)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more1,000,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor Grantor, including a summary description of such claim, and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent in writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 10 contracts
Samples: Credit Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 2,000,000 or more, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 6 contracts
Samples: Security Agreement (Velocity Financial, Inc.), Security Agreement (Velocity Financial, Inc.), Credit Agreement (Performance Food Group Co)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim commercial tort claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more3,000,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Hawaiian Telcom Communications, Inc.), Guarantee and Collateral Agreement (Hawaiian Telcom Communications, Inc.), Collateral Agreement (International Wire Group Inc)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more250,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 5 contracts
Samples: Senior Secured Priming and Superpriority Debtor in Possession Credit Agreement (Fairway Group Holdings Corp), Credit Agreement (Fairway Group Holdings Corp), Credit Agreement (Fairway Group Holdings Corp)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more10,000,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance satisfactory to the Collateral Agent.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Terex Corp), Guarantee and Collateral Agreement (Terex Corp), Guarantee and Collateral Agreement (Terex Corp)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more500,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance satisfactory to the Collateral Agent.
Appears in 4 contracts
Samples: Security Agreement (Diamond Resorts International, Inc.), Security Agreement (Diamond Resorts Parent, LLC), Second Lien Guarantee and Collateral Agreement (Itc Deltacom Inc)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more7.5 million, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor Grantor, including a summary description of such claim, and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent in writing a security interest therein and in the proceeds thereof, all upon under the terms and provisions of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 4 contracts
Samples: Term Loan Guarantee and Collateral Agreement (PET Acquisition LLC), Abl Guarantee and Collateral Agreement (PET Acquisition LLC), Abl Guarantee and Collateral Agreement (PET Acquisition LLC)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim commercial tort claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more400,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Buffets Holdings, Inc.), Credit Agreement (Ryan's Restaurant Leasing Company, LLC), Guarantee and Collateral Agreement (Ryan's Restaurant Leasing Company, LLC)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) excess of $5,000,000 or more10,000,000 individually, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the benefit of the Additional First-Lien Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 3 contracts
Samples: Collateral Agreement, Collateral Agreement (Univision Holdings, Inc.), Collateral Agreement (Univision Communications Inc)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more50,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance satisfactory to the Collateral Agent.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (TRM Corp), Guarantee and Collateral Agreement (Clearlake Capital Partners, LLC), Guarantee and Collateral Agreement (Goamerica Inc)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim commercial tort claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more1,000,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 3 contracts
Samples: Domestic Security Agreement (Pliant Corp), Credit Agreement (Blockbuster Inc), Domestic Security Agreement (Pliant Corp)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 250,000 or more, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 3 contracts
Samples: Security Agreement (J Crew Group Inc), Security Agreement (J Crew Group Inc), Restructuring Support Agreement (J Crew Group Inc)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 3,000,000 or more, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III II describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 3 contracts
Samples: Term Pledge and Security Agreement, Abl Pledge and Security Agreement (Entegris Inc), Term Pledge and Security Agreement (Entegris Inc)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim with potential value in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) excess of $5,000,000 or more1,000,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 2 contracts
Samples: Guarantee and Pledge Agreement (Cb Richard Ellis Group Inc), Guarantee and Pledge Agreement (Cb Richard Ellis Group Inc)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim commercial tort claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more250,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Secured Creditors, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 2 contracts
Samples: Guaranty and Collateral Agreement (NightHawk Radiology Holdings Inc), Guaranty and Collateral Agreement (NightHawk Radiology Holdings Inc)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more750,000, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance satisfactory to the Collateral Agent.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Rentech Inc /Co/), Guarantee and Collateral Agreement (Rentech Inc /Co/)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim commercial tort claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more2,500,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 2 contracts
Samples: Domestic Security Agreement (Pliant Corp), Security Agreement (Pliant Corp)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim commercial tort claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 2,000,000 or more, such Grantor shall promptly notify the Collateral Agent thereof at the time of delivery of financial statements as required by Section 7.1(a) or 7.1(b) of the Credit Agreement in a writing signed by and at such Grantor and time provide supplements to Schedule III II describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (eHealth, Inc.), Security Agreement (eHealth, Inc.)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 or more, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III II describing the details thereof and shall grant to the Collateral Agent Agent, for the benefit of the Secured Parties, a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Surgery Partners, Inc.), Second Lien Credit Agreement (Surgery Partners, Inc.)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim constituting Collateral or Xxxxxxxx Collateral having a value in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) excess of $5,000,000 or more1,000,000, such Grantor shall promptly notify the Collateral Administrative Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing of the details thereof and thesuch Grantors shall take such actions as the Administrative Agent shall reasonably request in order to grant to the Collateral Agent Administrative Agent, for the benefit of the Secured Parties, a perfected and first priority security interest therein and in the proceeds thereof, all upon Proceeds thereof with the terms of this Agreementpriority required by the Intercreditor Agreements.
Appears in 2 contracts
Samples: Credit Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc)
Commercial Tort Claims. If any such Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim constituting Collateral and having a value in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) excess of $5,000,000 or more500,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor Grantor, including a summary description of such claim, and provide supplements enter into an amendment to Schedule III describing this Agreement, in the details thereof and shall grant form of Exhibit F hereto, granting to the Collateral Agent a first priority security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 2 contracts
Samples: Foreign Facility Guarantee and Collateral Agreement, Foreign Facility Guarantee and Collateral Agreement (Horizon Global Corp)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 or more, such Grantor shall promptly notify the Collateral Second Lien Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Second Lien Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 2 contracts
Samples: Second Lien Security Agreement, Second Lien Security Agreement (DJO Finance LLC)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a any Commercial Tort Claim Claims with a reasonably expected value in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) excess of $5,000,000 1,500,000 individually or more$3,000,000 in aggregate, other than those listed on Schedule III hereto, such Grantor shall promptly immediately notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing of the details particulars thereof and shall grant to the Collateral Agent Agent, upon the Collateral Agent’s request, a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with a writing in form and substance satisfactory to the Collateral Agent.
Appears in 2 contracts
Samples: Credit Agreement (Mach Natural Resources Lp), Credit Agreement (Mach Natural Resources Lp)
Commercial Tort Claims. If any such Grantor shall at obtain an interest in any time after the date of this Agreement acquire a Commercial Tort Claim with a reasonably expected aggregate value of damages in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) excess of $5,000,000 or more(as reasonably determined by such Grantor) and for which a complaint in a court proceeding has been filed by such Grantor, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by within 30 days of initiating such Grantor proceeding sign and provide supplements to Schedule III describing the details thereof and shall grant deliver documentation reasonably acceptable to the Collateral Agent granting a security interest therein under the terms and provisions of this Agreement in and to such Commercial Tort claim and the proceeds thereof, all upon the terms of this Agreement.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (GNC Holdings, Inc.), Guarantee and Collateral Agreement (GNC Holdings, Inc.)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 20,000,000 or more, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 2 contracts
Samples: Security Agreement (Apria Healthcare Group Inc), Security Agreement (Ahny-Iv LLC)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more250,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 2 contracts
Samples: Credit Agreement (Hawaiian Telcom Holdco, Inc.), Guarantee and Collateral Agreement (Hawaiian Telcom Holdco, Inc.)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim commercial tort claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 3,000,000 or more, such Grantor shall promptly notify the Collateral Agent thereof at the time of delivery of financial statements as required by Section 7.1(a) or 7.1(b) of the Credit Agreement in a writing signed by and at such Grantor and time provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 2 contracts
Samples: Security Agreement (99 Cents Only Stores), Security Agreement (99 Cents Only Stores)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim having a value in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) excess of $5,000,000 or more500,000 for which such Grantor has filed a complaint in a court of competent jurisdiction, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor Grantor, including a summary description of such claim, and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 2 contracts
Samples: Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) excess of $1,000,000 individually, or $5,000,000 or morein the aggregate, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Hawkeye Holdings, Inc.), Second Lien Credit Agreement (Hawkeye Holdings, Inc.)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more1,000,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance satisfactory to the Collateral Agent.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Medley Management Inc.)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more1,000,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 1 contract
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 2,000,000 or more, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III IV describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 1 contract
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim having a value in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) excess of $5,000,000 or more250,000, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing of the details thereof and the Grantors shall take such actions as the Collateral Agent shall reasonably request in order to grant to the Collateral Agent Agent, for the ratable benefit of the Secured Parties, a perfected and first priority security interest therein and in the proceeds Proceeds thereof, all upon the terms of this Agreement.
Appears in 1 contract
Commercial Tort Claims. If any the Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 or more, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such the Grantor and provide supplements to Schedule III I describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 1 contract
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim constituting Collateral in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 2,000,000 or more, such Grantor shall promptly notify the Collateral Administrative Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III I describing the details thereof and shall grant to the Collateral Administrative Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 1 contract
Samples: Security Agreement (Radioshack Corp)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 or more, such Grantor shall promptly notify the Collateral Administrative Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III 8 to the Perfection Certificate describing the details thereof and shall grant to the Collateral Administrative Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 1 contract
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim commercial tort claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more2,500,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (St. Louis Pharmaceutical Services, LLC)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more10,000,000, such Grantor shall promptly notify the Notes Collateral Agent thereof in a writing signed by such Grantor Grantor, including a summary description of such claim, and provide supplements to Schedule III describing the details thereof and shall grant to the Notes Collateral Agent in writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Notes Collateral Agent.
Appears in 1 contract
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim commercial tort claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more15,000,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
Appears in 1 contract
Samples: First Lien Notes Collateral Agreement (Walter Energy, Inc.)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 10,000,000 or more, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 1 contract
Samples: Security Agreement (Dominion Textile (Usa), L.L.C.)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim commercial tort claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 3,000,000 or more, such Grantor shall promptly notify the Collateral Agent thereof at the time of delivery of financial statements as required by Section 7.1(a) or 7.1(b) of the Credit Agreement in a writing signed by and at such Grantor and time provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent (or the First Lien Agent as the Collateral Agent’s bailee for perfection) a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 1 contract
Samples: Second Lien Security Agreement (99 Cents Only Stores LLC)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire or become the beneficiary of a Commercial Tort Claim commercial tort claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) excess of $5,000,000 or more20,000,000, such Grantor shall promptly notify provide the Notes Collateral Agent thereof in a writing signed by such Grantor and provide supplements to with an amended Schedule III 6 hereto describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
Appears in 1 contract
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking as to which the greater of the aggregate claimed damages claim thereunder or the reasonably estimated value thereof) of is $5,000,000 250,000 or more, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III II describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.. In the event any Supplemental Collateral Questionnaire or Pledge and Security
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Samples: Super Senior Pledge and Security Agreement (Fusion Connect, Inc.)
Commercial Tort Claims. (a) If any such Grantor shall at obtain an interest in any time after the date of this Agreement acquire a Commercial Tort Claim with a potential value in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) excess of $5,000,000 or more5,000,000, such Grantor shall promptly notify by the Collateral Agent thereof next Notification and Delivery Date sign and deliver an agreement in a writing signed by such Grantor and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent form of Annex 3 hereto granting a security interest therein and in the proceeds thereof, all upon under the terms and provisions of this AgreementAgreement in and to such Commercial Tort Claim.
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Samples: Credit Agreement (Allscripts-Misys Healthcare Solutions, Inc.)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 10,000,000 or more, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III IV describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
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Samples: Security Agreement (Dominion Textile (Usa), L.L.C.)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim having a value in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) excess of $5,000,000 or more1,000,000, such Grantor shall promptly (but, in any event, within five (5) Business Days) notify the Collateral Agent thereof in a writing signed by of the details thereof, and such Grantor and provide supplements shall take such actions as the Collateral Agent shall reasonably request in order to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Credit Parties, a perfected security interest therein and in the proceeds Proceeds thereof, all upon the terms of this Agreement.
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Samples: Security Agreement (Rue21, Inc.)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more500,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the First Lien Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance satisfactory to the Collateral Agent.
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Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim constituting Collateral in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 2,000,000 or more, such Grantor shall promptly notify the Collateral Administrative Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III II describing the details thereof and shall grant to the Collateral Administrative Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
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Commercial Tort Claims. If any the Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim commercial tort claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more3,000,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by the Grantor including a summary description of such Grantor claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
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Samples: Shared Collateral Agreement (Hawaiian Telcom Communications, Inc.)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim having a value in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) excess of $5,000,000 or more1,000,000, such Grantor shall promptly (but, in any event, within five (5) Business Days) notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing of the details thereof thereof, and the Grantors shall take such actions as the Collateral Agent shall reasonably request in order to grant to the Collateral Agent Agent, for the ratable benefit of the Credit Parties, a perfected security interest therein and in the proceeds Proceeds thereof, all upon the terms of this Agreement.
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Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking as to which the greater of the aggregate claimed damages claim thereunder or the reasonably estimated value thereof) of is $5,000,000 250,000 or more, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III II describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.. In the event any Supplemental Collateral Questionnaire or Pledge and Security 16
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Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount with a value (taking as reasonably determined by the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereofU.S. Borrower) of $5,000,000 10,000,000 or more, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
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Commercial Tort Claims. If any Grantor shall shall, at any time after the date of this Agreement time, acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) excess of $5,000,000 or more3,000,000 other than those listed on Schedule 1 attached hereto, such Grantor shall promptly notify the Collateral Agent thereof in writing, providing a writing signed by such Grantor reasonable description and provide supplements to Schedule III describing the details thereof summary thereof, and shall grant execute and deliver to the Collateral Agent a security interest therein and supplement to this Agreement granting a Security Interest in such Commercial Tort Claim to the proceeds thereof, all upon the terms of this AgreementCollateral Agent.
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Samples: Second Lien Pledge and Security Agreement (Matthews International Corp)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking commercial tort claim with a value equal to or greater than $2,500,000, the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 or more, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing of the brief details thereof and shall and, at the Collateral Agent’s request, grant to the Collateral Agent in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance satisfactory to the Collateral Agent.
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Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 or more, the Borrower (on behalf of such Grantor shall promptly notify Grantor) will provide concurrently with the Collateral Agent thereof in a writing signed by such Grantor and provide first Compliance Certificate required to be delivered pursuant to Section 6.02(a) of the Credit Agreement thereafter supplements to Schedule III II describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
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Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of to exceed $5,000,000 or more500,000, such the Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor including a summary description of such claim and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent Agent, for the ratable benefit of the Secured Parties, in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
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Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 20,000,000 or more, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III IV describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.
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Samples: Security Agreement (Ahny-Iv LLC)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim involving a claim in an amount (taking the equal to or greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of than $5,000,000 or more10,000,000, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement, with such writing to be in form and substance reasonably satisfactory to the Collateral Agent.
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Samples: Collateral Agreement (American Axle & Manufacturing Holdings Inc)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of $5,000,000 or more, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing the details thereof and shall grant to the Collateral Agent a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.. 95959845_3
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Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement acquire a Commercial Tort Claim in an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) of or $5,000,000 or more, such Grantor Assignor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing the details thereof and shall grant deliver to the Collateral Agent a security interest therein and completed Pledge Supplement, substantially in the proceeds thereofform of Exhibit A attached hereto, all upon together with a supplement to Schedule 5.2 of the terms of this AgreementSecurity Agreement Disclosure Letter, identifying such Commercial Tort Claim in accordance with Section 4.6(b).
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Samples: Credit and Guaranty Agreement (Lumentum Holdings Inc.)
Commercial Tort Claims. If any Grantor shall at any time after the date of this Agreement hold or acquire a Commercial Tort Claim in with an amount (taking the greater of the aggregate claimed damages thereunder or the reasonably estimated value thereof) or claim amount in excess of $5,000,000 or more5,000,000, such Grantor shall promptly notify the Collateral Agent thereof in a writing signed by such Grantor and provide supplements to Schedule III describing of the details thereof and shall grant to the Collateral Agent in such writing a security interest therein and in the proceeds thereof, all upon the terms of this Agreement.Agreement and in form and substance reasonably satisfactory to Collateral Agent. Upon receipt of such notice, Collateral Agent is hereby authorized to (i) amend Schedule 3.1(h) to include the details of such Commercial Tort Claim and
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Samples: Term Loan Security Agreement