Common use of Continuing Security Agreement Clause in Contracts

Continuing Security Agreement. (a) This Agreement shall constitute a continuing security agreement, and all representations and warranties, covenants and agreements shall, as applicable, apply to all future as well as existing transactions. Provisions of this Agreement, unless by their terms exclusive, shall be in addition to other agreements between the parties. (b) Except as may be expressly applicable pursuant to Section 9.505 of the Code, no action taken or omission to act by Secured Party hereunder, including, without limitation, any action taken or inaction pursuant to Section 6.1, shall be deemed to constitute a retention of the Collateral in satisfaction of the Obligations or otherwise to be in full satisfaction of the Obligations, and the Obligations shall remain in full force and effect, until Secured Party shall have applied payments (including, without limitation, collections from Collateral) towards the Obligations in the full amount then outstanding or until such subsequent time as is hereinafter provided in Section 7.7(c). (c) To the extent that any payments on the Obligations or proceeds of the Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other person or entity under any bankruptcy law, common law or equitable cause, then to such extent the Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been received by Secured Party, and Secured Party's security interests, rights, powers and remedies hereunder shall continue in full force and effect. In such event, this Agreement shall be automatically reinstated if it shall theretofore have been terminated pursuant to Section 7.8. (d) In the event that the Obligations are structured such that there are times when no Indebtedness is owing thereunder, this Agreement shall remain valid and in full force and effect as to all subsequent indebtedness included in the Obligations, provided Secured Party has not in the interim period executed a written release or termination statement or returned possession of or reassigned the Collateral to Debtor.

Continuing Security Agreement. (a) This Agreement shall constitute a continuing security agreement, and all representations and warranties, covenants and agreements shall, as applicable, apply to all future as well as existing transactions. Provisions of this Agreement, unless by their terms exclusive, shall be in addition to other agreements between the parties. (b) Except as may be expressly applicable pursuant to Section 9.505 of the Code, no action taken or omission to act by Secured Party hereunder, including, without limitation, any action taken or inaction pursuant to Section 6.16.02, shall be deemed to constitute a retention of the Collateral in satisfaction of the Obligations or otherwise to be in full satisfaction of the Obligations, and the Obligations shall remain in full force and effect, until Secured Party shall have applied payments (including, without limitation, collections from Collateral) towards the Obligations in the full amount then outstanding or until such subsequent time as is hereinafter provided in Section 7.7(c)subsection (c) below. (c) To the extent that any payments on the Obligations or proceeds of the Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other person or entity under any bankruptcy law, common law or equitable cause, then to such extent the Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been received by Secured Party, and Secured Party's security interests, rights, powers and remedies hereunder shall continue in full force and effect. In such event, this Agreement shall be automatically reinstated if it shall theretofore have been terminated pursuant to Section 7.87.10. (d) In the event that the Obligations are structured such that there are times when no Indebtedness is owing thereunder, this Agreement shall remain valid and in full force and effect as to all subsequent indebtedness included in the Obligations, provided Secured Party has not in the interim period executed a written release or termination statement or returned possession of or reassigned the Collateral to Debtor.

Continuing Security Agreement. (aA) This Agreement shall constitute a continuing security agreement, and all representations and warranties, covenants and agreements shall, as applicable, apply to all future as well as existing transactions. Provisions of this Agreement, unless by their terms exclusive, shall be in addition to other agreements between the parties. (b) Except as may be expressly applicable pursuant to Section 9.505 of the Code, no No action taken or omission to act by Secured Party hereunder, including, without limitation, any action taken or inaction pursuant to Section 6.1, the Collateral Agent hereunder shall be deemed to constitute a retention of the Collateral in payment, performance or satisfaction of any of the Secured Obligations or otherwise to be in full payment, performance or satisfaction of any of the Secured Obligations, and the Obligations security interest and Lien granted hereunder by each Pledgor shall remain in full force and effecteffect until the payment, until performance and satisfaction in full of all of the Secured Party shall have applied payments (including, without limitation, collections from Collateral) towards the Obligations in the full amount then outstanding of such Pledgor or until such subsequent time as is hereinafter provided set forth in Section 7.7(c)paragraph (b) below. (cB) To the extent that any payments on the Secured Obligations of a Pledgor or proceeds of the Collateral of such Pledgor are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other person or entity Person under any bankruptcy law, common other law or equitable cause, then to such extent the Secured Obligations so satisfied paid shall be revived and continue as if such payment or proceeds had not been received by Secured PartyOPIC or the Collateral Agent, as applicable, and Secured Party's the security interestsinterest and Lien, and all rights, powers and remedies in favor of OPIC and the Collateral Agent, granted or conveyed hereunder by or with respect to such Pledgor shall continue in full force and effect. In such event, this Agreement shall be automatically reinstated if it shall theretofore have been terminated pursuant to Section 7.8in accordance herewith. (dC) In Each Pledgor hereby acknowledges that, whether or not there are, at any given time, sufficient funds to meet the event that the Secured Obligations are structured of such that there are times when no Indebtedness is owing thereunderPledgor as they fall due, nothing in this Agreement shall remain valid be deemed in any way to lessen or absolve such Pledgor from full and in full force timely payment, performance and effect satisfaction of its Secured Obligations as to all subsequent indebtedness included in the Obligations, provided Secured Party has not in the interim period executed a written release or termination statement or returned possession of or reassigned the Collateral to Debtorthey fall due.

Continuing Security Agreement. (a) This Agreement shall constitute a continuing security agreement, and all representations and warranties, covenants and agreements shall, as applicable, apply to all future as well as existing transactions. Provisions of this Agreement, unless by their terms exclusive, shall be in addition to other agreements between the parties. (b) Except as may be expressly applicable pursuant to Section 9.505 9-505 of the Code, no action taken or omission to act by the Collateral Agent or the Secured Party Parties hereunder, including, without limitation, any exercise of voting or consensual rights pursuant to Section 4.09 or any other action taken or inaction pursuant to Section 6.16.02, shall be deemed to constitute a retention of the Collateral in satisfaction of the Obligations or otherwise to be in full satisfaction of the Obligations, and the Obligations shall remain in full force and effect, until the Collateral Agent and the Secured Party Parties shall have applied payments (including, without limitation, collections from Collateral) towards the Obligations in the full amount then outstanding or until such subsequent time as is hereinafter provided in Section 7.7(c)subsection (c) below. (c) To the extent that any payments on the Obligations or proceeds of the Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other person or entity Person under any bankruptcy law, common law or equitable cause, then to such extent the Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been received by the Collateral Agent or the Secured PartyParties, and the Collateral Agent's and the Secured Party's Parties' security interests, rights, powers and remedies hereunder shall continue in full force and effect. In such event, this Agreement shall be automatically reinstated if it shall theretofore have been terminated pursuant to Section 7.87.10. (d) In the event that If the Obligations are structured such that there are times when no Indebtedness is owing thereunder, this Agreement shall remain valid and in full force and effect as to all subsequent indebtedness included in the Obligations, provided Secured Party the Collateral Agent has not in the interim period executed a written release or termination statement or returned possession of or reassigned the Collateral to DebtorPledgor.

Continuing Security Agreement. (a) This Agreement shall constitute a continuing security agreement, and all representations and warranties, covenants and agreements shall, as applicable, apply to all future as well as existing transactions. Provisions of this Agreement, unless by their terms exclusive, shall be in addition to other agreements between the parties. (b) Except as may be expressly applicable pursuant to Section 9.505 of the Code, no action taken or omission to act by Secured Party hereunder, including, without limitation, any action taken or inaction pursuant to Section 6.16.02, shall be deemed to constitute a retention of the Collateral in satisfaction of the Obligations or otherwise to be in full satisfaction of the Obligations, and the Obligations shall remain in full force and effect, until Secured Party shall have applied payments (including, without limitation, collections from Collateral) towards the Obligations in the full amount then outstanding or until such subsequent time as is hereinafter provided in Section 7.7(c)subsection (c) below. (c) To the extent that any payments on the Obligations or proceeds of the Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other person or entity under any bankruptcy law, common law or equitable cause, then to such extent the Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been received by Secured Party, and Secured Party's Partys' security interests, rights, powers and remedies hereunder shall continue in full force and effect. In such event, this Agreement shall be automatically reinstated if it shall theretofore have been terminated pursuant to Section 7.87.10. (d) In the event that the Obligations are structured such that there are times when no Indebtedness is owing thereunder, this Agreement shall remain valid and in full force and effect as to all subsequent indebtedness included in the Obligations, provided Secured Party has not in the interim period executed a written release or termination statement or returned possession of or reassigned the Collateral to Debtor.

Continuing Security Agreement. (a) This Agreement shall constitute a continuing security agreement, and all representations and warranties, covenants and agreements shall, as applicable, apply to all future as well as existing transactionstransactions contemplated by the ISDA and the other ISDA Documents. Provisions of this Agreement, unless by their terms exclusive, shall be in addition to other agreements between the parties. (b) Except as may be expressly applicable pursuant to Section 9.505 9.620 of the Code, no action taken or omission to act by Secured Party hereunder, including, without limitation, any action taken or inaction pursuant to Section 6.1Article V, shall be deemed to constitute a retention of the Collateral in satisfaction of the Obligations or otherwise to be in full satisfaction of the ObligationsSecured Indebtedness, and the Obligations Secured Indebtedness shall remain in full force and effect, until Secured Party shall have applied payments (including, without limitation, collections from Collateral) towards the Obligations Secured Indebtedness in the full amount then outstanding or until such subsequent time as is hereinafter provided in this Section 7.7(c). (c) 6.7. To the extent that any payments on the Obligations Secured Indebtedness or proceeds of the Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other person or entity party under any bankruptcy debtor relief law, common law or equitable causein equity, then to such extent extent, the Obligations Secured Indebtedness so satisfied shall be revived and continue as if such payment or proceeds had not been received by Secured Party, and Secured Party's ’s security interests, rights, powers and remedies hereunder shall continue in full force and effect. In such event, this Agreement shall be automatically reinstated if it shall theretofore have been terminated pursuant to Section 7.8. (dc) In the event that the Obligations are Secured Indebtedness is structured such that there are times when no Indebtedness indebtedness is owing thereunder, this Agreement shall remain valid and in full force and effect as to all subsequent indebtedness included in the Obligations, provided Secured Party has not in the interim period executed a written release or termination statement or returned possession of or reassigned the Collateral to DebtorIndebtedness.

Continuing Security Agreement. (a) This Agreement shall constitute a continuing security agreement, and all representations and warranties, covenants and agreements shall, as applicable, apply to all future as well as existing transactionstransactions under the Loan Documents. Provisions of this Agreement, unless by their terms exclusive, shall be in addition to other agreements between the parties. (b) Except as may be expressly applicable pursuant to Section 9.505 9.620 of the Code, no action taken or omission to act by Secured Party hereunder, including, without limitation, any action taken or inaction pursuant to Section 6.1‎Section 6.2, shall be deemed to constitute a retention of the Collateral in satisfaction of the Obligations or otherwise to be in full satisfaction of the Secured Obligations, and the Secured Obligations shall remain in full force and effect, until Secured Party shall have applied payments (including, without limitation, collections from Collateral) towards the Secured Obligations in the full amount then outstanding or until such subsequent time as is hereinafter provided in Section 7.7(c). (c) this ‎Section 7.12. To the extent that any payments on the Secured Obligations or proceeds of the Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other person or entity party under any bankruptcy lawLaw, common law Law or equitable causeequity, then to such extent extent, the Secured Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been received by Secured Party, and Secured Party's ’s security interests, rights, powers and remedies hereunder shall continue in full force and effect. In such event, this Agreement shall be automatically reinstated if it shall theretofore have been terminated pursuant to Section 7.8. (dc) In the event that the Secured Obligations are structured such that there are times when no Indebtedness indebtedness is owing thereunder, this Agreement shall remain valid and in full force and effect as to all subsequent indebtedness included in the Secured Obligations, provided Secured Party has not in the interim period executed a written release or termination statement or returned possession of or reassigned the Collateral to DebtorPledgor.