Common use of Continuing Security Agreement Clause in Contracts

Continuing Security Agreement. (a) This Agreement shall create a continuing security interest in the Collateral and shall, unless otherwise provided in the Indenture or this Agreement, (i) remain in full force and effect until payment in full is made of all Obligations in accordance with the terms of the Indenture, (ii) be binding upon Pledgor, its successors and assigns, and (iii) inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders and each of their respective successors, transferees and assigns. (b) 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 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 be received by Secured Party or the Holders, and Secured Party's and the Holders' 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 7.05.

Appears in 1 contract

Samples: Security Agreement (New Horizons of Yonkers Inc)

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Continuing Security Agreement. (a) This Agreement Except as otherwise provided by applicable law (including, without limitation, Section 9-620 of the Code), no action taken or omission to act by Collateral Trustee hereunder, including, without limitation, any action taken or inaction pursuant to Section 6.02, shall create be deemed to constitute a continuing security interest in retention of the Collateral in satisfaction of the Secured Obligations or otherwise to be in full satisfaction of the Secured Obligations, and shall, unless otherwise provided in the Indenture or this Agreement, (i) Secured Obligations shall remain in full force and effect effect, until payment in full is made of all Collateral Trustee shall have applied payments (including, without limitation, collections from Collateral) towards the Secured Obligations in accordance with the terms of the Indenture, full amount then outstanding or until such subsequent time as is hereinafter provided in subsection (iib) be binding upon Pledgor, its successors and assigns, and (iii) inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders and each of their respective successors, transferees and assignsbelow. (b) 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 under any bankruptcy law, common law or equitable cause, then to such extent the Secured Obligations so satisfied shall be revived and continue as if such payment or proceeds had not be been received by Secured Party or the HoldersCollateral Trustee, and Secured Party's and the Holders' Collateral Trustee’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 7.057.09.

Appears in 1 contract

Samples: Second Lien Security Agreement (SM Energy Co)

Continuing Security Agreement. (a) This Agreement 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 exercise of voting or consensual rights pursuant to Section 6.06(d) hereof or any other action taken or inaction --------------- pursuant to Section 6.02 hereof, shall create be deemed to constitute a continuing security interest in retention of ------------ the Collateral in satisfaction of the Obligations or otherwise to be in full satisfaction of the Obligations, and shall, unless otherwise provided in the Indenture or this Agreement, (i) Obligations shall remain in full force and effect until payment in full is made of all Secured Party shall have applied payments (including, without limitation, collections from Collateral) towards the Obligations in accordance with the terms of the Indenture, (iifull amount then outstanding or until such subsequent time as is hereinafter provided in Section 7.06(b) be binding upon Pledgor, its successors and assigns, and (iii) inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders and each of their respective successors, transferees and assigns.hereof. --------------- (b) 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 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 be been received by Secured Party or the HoldersParty, and Secured Party's and the Holders' 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 7.05.7.07 hereof. ------------

Appears in 1 contract

Samples: Stock Pledge Agreement (HWCC Shreveport Inc)

Continuing Security Agreement. (a) This Agreement Except as otherwise provided by applicable law (including, without limitation, Section 9.620 of the Code), no action taken or omission to act by Collateral Trustee hereunder, including, without limitation, any exercise of voting or consensual rights pursuant to Section 6.06 or any other action taken or inaction pursuant to Section 6.02, shall create be deemed to constitute a continuing security interest in retention of the Collateral in satisfaction of the Secured Obligations or otherwise to be in full satisfaction of the Secured Obligations, and shall, unless otherwise provided in the Indenture or this Agreement, (i) Secured Obligations shall remain in full force and effect effect, until payment in full is made of all Collateral Trustee shall have applied payments (including, without limitation, collections from Collateral) towards the Secured Obligations in accordance with the terms of the Indenture, full amount then outstanding or until such subsequent time as is hereinafter provided in subsection (iib) be binding upon Pledgor, its successors and assigns, and (iii) inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders and each of their respective successors, transferees and assignsbelow. (b) 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 under any bankruptcy law, common law or equitable cause, then to such extent the Secured Obligations so satisfied shall be revived and continue as if such payment or proceeds had not be been received by Secured Party or the HoldersCollateral Trustee, and Secured Party's and the Holders' Collateral Trustee’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 7.057.09.

Appears in 1 contract

Samples: Second Lien Pledge and Security Agreement (SM Energy Co)

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Continuing Security Agreement. (a) This Agreement shall create a continuing security interest in Except as may be expressly applicable pursuant to Section 9-505 of the Code, no action taken or omission to act by the Collateral Agent or the Secured Parties hereunder, including, without limitation, any exercise of voting or consensual rights pursuant to Section 4.07 or any other action taken or inaction pursuant to Section 6.02, 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 shall, unless otherwise provided in the Indenture or this Agreement, (i) Obligations shall remain in full force and effect effect, until payment in full is made of all the Collateral Agent and the Secured Parties shall have applied payments (including, without limitation, collections from Collateral) towards the Obligations in accordance with the terms of the Indenture, full amount then outstanding or until such subsequent time as is hereinafter provided in subsection (iib) be binding upon Pledgor, its successors and assigns, and (iii) inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders and each of their respective successors, transferees and assignsbelow. (b) 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 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 be been received by Secured Party the Collateral Agent or the HoldersSecured Parities, and Secured Partythe Collateral Agent's and the HoldersSecured 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 7.057.08.

Appears in 1 contract

Samples: Stock Pledge Agreement (Panda Interfunding Corp)

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