Continuing Security Interest; Transfer of Notes. This Agreement shall create a continuing security interest in the Pledged Collateral and shall (i) remain in full force and effect until payment in full of the Secured Obligations, the cancellation or expiration of all Letters of Credit and the cancellation or termination of all commitments to issue Letters of Credit, (ii) be binding upon Pledgor, its successors and assigns, and (iii) inure, together with the rights and remedies of Collateral Agent and Secured Parties hereunder, to the benefit of Collateral Agent, Secured Parties and their respective successors, transferees and assigns. Without limiting the generality of the foregoing clause (iii), but subject to any restrictions on transfers of Senior Notes contained in the Collateralized Note Indenture, each Secured Party may assign or otherwise transfer any Senior Note held by it to any other person or entity, and such other person or entity shall thereupon become vested with all the benefits in respect thereof granted to such Secured Party herein or otherwise. Upon the payment in full of the Secured Obligations, the cancellation or expiration of all Letters of Credit and the cancellation or termination of all commitments to issue Letters of Credit, Pledgor shall be entitled to the return, upon its request and at its expense, of such of the Pledged Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.
Appears in 2 contracts
Samples: Partner Guaranty Agreement (Huntway Partners L P), Partner Guaranty Agreement (Huntway Partners L P)
Continuing Security Interest; Transfer of Notes. This Agreement shall create a continuing security interest in the Pledged Collateral and shall (i) remain in full force and effect until payment in full of the Secured Obligations, the cancellation or expiration of all Letters of Credit and the cancellation or termination of all commitments to issue Letters of Credit, (ii) be binding upon Pledgor, its successors and assigns, and (iii) inure, together with the rights and remedies of Collateral Agent and Secured Parties hereunder, to the benefit of Collateral Agent, Secured Parties and their respective successors, transferees and assigns. Without limiting the generality of the foregoing clause (iii), but subject to any restrictions on transfers transfer of the Senior Notes contained in the Collateralized Note Indenture, each Secured Party may assign or otherwise transfer any Senior Note held by it to any other person or entity, and such other person or entity shall thereupon become vested with all the benefits in respect thereof granted to such Secured Party herein or otherwise. Upon the payment in full of the Secured Obligations, the cancellation or expiration of all Letters of Credit and the cancellation or termination of all commitments to issue Letters of Credit, Pledgor shall be entitled to the return, upon its request and at its expense, of such of the Pledged Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.
Appears in 2 contracts
Samples: Partner Guaranty Agreement (Huntway Partners L P), Partner Guaranty Agreement (Huntway Partners L P)
Continuing Security Interest; Transfer of Notes. This Agreement shall create a continuing security interest in the Pledged Collateral and shall (i) remain in full force and effect until payment in full of the Secured Obligations, the cancellation or expiration of all Letters of Credit and the cancellation or termination of all commitments to issue Letters of Credit, (ii) be binding upon Pledgor, its successors and assigns, and (iii) inure, together with the rights and remedies of Collateral Agent and Secured Parties hereunder, to the benefit of Collateral Agent, Secured Parties and their respective successors, transferees and assigns. Without limiting the generality of the foregoing clause (iii), but subject to any restrictions on transfers transfer of the Senior Notes contained in the Collateralized Note Indenture, each Secured Party may assign or otherwise transfer any Senior Note held by it to any other person or entity, and such other person or entity shall thereupon become vested with all the benefits in respect thereof granted to such Secured Party herein or otherwise. Upon the payment in full of the Secured Obligations, the cancellation or expiration of all Letters of Credit and the cancellation or termination of all commitments to issue Letters of Credit, Pledgor shall be entitled to the return, upon its request and at its expense, of such of the Pledged Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.
Appears in 2 contracts
Samples: Partner Guaranty Agreement (Huntway Partners L P), Partner Guaranty Agreement (Huntway Partners L P)
Continuing Security Interest; Transfer of Notes. This Agreement shall create a continuing security interest in the Pledged Collateral and shall (i) remain in full force and effect until payment in full of the Secured Obligations, the cancellation or expiration of all Letters of Credit and the cancellation or termination of all commitments to issue Letters of Credit, (ii) be binding upon Pledgor, its successors and assigns, and (iii) inure, together with the rights and remedies of Collateral Agent and Secured Parties hereunder, to the benefit of Collateral Agent, Secured Parties and their respective successors, transferees and assigns. Without limiting the generality of the foregoing clause (iii), ) but subject to any restrictions on transfers transfer of Senior Notes contained in the Collateralized Note Indenture, each Secured Party may assign or otherwise transfer any Senior Note held by it to any other person or entity, and such other person or entity shall thereupon become vested with all the benefits in respect thereof granted to such Secured Party herein or otherwise. Upon the payment in full of the Secured Obligations, the cancellation or expiration of all Letters of Credit and the cancellation or termination of all commitments to issue Letters of Credit, Pledgor shall be entitled to the return, upon its request and at its expense, of such of the Pledged Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.
Appears in 2 contracts
Samples: Partner Guaranty Agreement (Huntway Partners L P), Partner Guaranty Agreement (Huntway Partners L P)
Continuing Security Interest; Transfer of Notes. This Agreement shall create a continuing security interest in the Pledged Collateral and shall (i) remain in full force and effect until the payment in full of the all Secured Obligations, the cancellation or expiration of all Letters of Credit and the cancellation or termination of all commitments to issue Letters of Credit, (ii) be binding upon Pledgor, its successors and assignsassigns (except to the extent otherwise provided in the Indenture), and (iii) inure, together with the rights and remedies of Collateral Agent and Secured Parties Party hereunder, to the benefit of Collateral Agent, Secured Parties Party and their respective its successors, transferees and assigns. Without limiting the generality of the foregoing clause (iii)foregoing, but subject to any restrictions on transfers the terms of Senior Notes contained in the Collateralized Note Indenture, each Secured Party any Holder may assign or otherwise transfer any Senior Note held by it to any other person or entityPerson, and such other person or entity Person shall thereupon become vested with all the benefits in respect thereof granted to such Secured Party Holders herein or otherwise. Upon the payment in full of the all Secured Obligations, the cancellation or expiration security interest granted hereby shall terminate hereunder and of record and all Letters of Credit rights to the Collateral granted hereunder shall revert to Pledgor. Upon any such termination Secured Party shall, at Pledgor's expense and the cancellation or termination of all commitments upon documents provided by it, execute and deliver to issue Letters of Credit, Pledgor such documents as Pledgor shall be entitled reasonably request to the return, upon its request and at its expense, of evidence such of the Pledged Collateral as shall not have been sold or otherwise applied pursuant to the terms hereoftermination.
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Continuing Security Interest; Transfer of Notes. This Pledge Agreement shall create a continuing security interest in the Pledged Collateral and shall (i) remain in full force and effect until performance and payment in full of the Secured Obligations, the cancellation or expiration of all Letters of Credit and the cancellation or termination of all commitments to issue Letters of Credit, (ii) be binding upon the Pledgor, its successors and assigns, and (iii) inure, together with the rights and remedies of Collateral Agent and Secured Parties hereunder, inure to the benefit of Collateral Agent, Secured Parties Pledgee and their its respective successors, transferees and assigns. Without limiting the generality of the foregoing clause (iii), but subject to any restrictions on transfers of Senior Notes contained in the Collateralized Note Indenture, each Secured Party Pledgee may assign or otherwise transfer any Senior Note held by it all or a portion of its rights or obligations under this Pledge Agreement or the Note, upon notice to the Company and the Pledgor, to any other person or entitytransferee (each an "Assignee"), and such other person or entity Assignee shall thereupon become vested with all the benefits in respect thereof of this Pledge Agreement and the Note granted to such Secured Party herein the Pledgee herein, therein or otherwise. Upon the payment and performance in full of the Secured Obligations, the cancellation or expiration of all Letters of Credit and the cancellation or termination of all commitments to issue Letters of Credit, Pledgor shall be entitled to the return, upon its request and at its expense, of such of the Pledged Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.
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Continuing Security Interest; Transfer of Notes. This Agreement shall create a continuing security interest in the Pledged Collateral and shall (ia) remain in full force and effect until indefeasible payment in full of the all Secured Obligations, the cancellation or expiration termination of all Letters of Credit the Commitments and the cancellation or termination expiration of all commitments to issue outstanding Letters of Credit, (iib) be binding upon Pledgor, its successors and assigns, and (iiic) inure, together with the rights and remedies of Collateral Agent and Secured Parties hereunder, to the benefit of Collateral Agent, Secured Parties Agent and their respective its successors, transferees and assigns. Without limiting the generality of the foregoing clause (iii), but c) and subject to any restrictions on transfers the provisions of Senior Notes contained in subsections 10.2 and 10.16 of the Collateralized Note IndentureCredit Agreement, each Secured Party Collateral Agent may assign or otherwise transfer any Senior Note held by it to any other person or entity, and such other person or entity shall thereupon become vested with all the benefits in respect thereof granted to such Secured Party Collateral Agent herein or otherwise. Upon the indefeasible payment in full of the all Secured Obligations, the cancellation or expiration termination of all Letters of Credit the Commitments and the cancellation or termination expiration of all commitments to issue outstanding Letters of Credit, Pledgor shall be entitled to the return, upon its request and at its expense, against receipt and without recourse to Collateral Agent, of such of the Pledged Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.
Appears in 1 contract
Samples: Credit Agreement (Blue Bird Corp)