Common use of Continuing Security Interest Clause in Contracts

Continuing Security Interest. This Security Agreement creates a continuing security interest in the Collateral and shall (i) remain in full force and effect until the termination of the obligations of Lenders to make Credit Extensions under the Loan Documents and the payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C Obligations, Cash Collateralized) and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Document; and (ii) inure to the benefit of and be enforceable by Secured Party, Lenders, and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (ii), Secured Party and Lenders may assign or otherwise transfer any of their respective Rights under this Security Agreement to any other Person in accordance with the terms and provisions of Section 10.07 of the Credit Agreement, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to Secured Party or Lenders, as the case may be. Upon payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C Obligation, Cash Collateralized) and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Document, Debtor shall be entitled to the return, upon its request and at its expense, of such of the Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.

Appears in 17 contracts

Samples: Pledge and Security Agreement (Quest Resource Corp), Pledge and Security Agreement (Quest Resource Corp), Pledge and Security Agreement (Quest Resource Corp)

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Continuing Security Interest. This Security Agreement creates shall create a continuing security interest in the Pledged Collateral and shall (ia) remain in full force and effect until payment in full in cash (after the termination of the obligations of Lenders to make Credit Extensions under the Loan Documents Commitments and the payment in full expiration or termination of the Obligations (other than any contingent indemnity obligations or, in the case all outstanding Letters of L/C Obligations, Cash Collateralized) and compliance with Section 10.01(eCredit) of the Credit Agreement with respect Secured Obligations; (b) continue to Outstanding Swap Contracts secured be effective if at any time payment and performance of the Secured Obligations is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored by the Agent or any Loan Documentother Secured Party; (c) be binding upon the Company, its successors and assigns, and any trustee, receiver, or conservator of the Company, and any successors in interest of the Company in and to all or any part of the Pledged Collateral; and (iid) inure inure, together with the rights and remedies of the Agent hereunder, to the benefit of and be enforceable by the Agent, the other Secured Party, Lenders, Parties and their respective successors, transferees, transferees and assigns. Without limiting the generality of the foregoing clause (iid), Secured Party and Lenders the Agent and/or any Bank may assign or otherwise transfer any of their respective Rights its rights and obligations under this Security the Credit Agreement to any other Person in accordance with the terms and provisions of Section 10.07 of the Credit Agreementor entity, and to the extent of such assignment other Person or transfer such Person entity shall thereupon become vested with all the Rights and benefits in respect thereof granted to such Bank herein or otherwise otherwise, all as provided in, and to Secured Party or Lendersthe extent set forth in, as the case may beCredit Agreement. Upon the payment in full in cash (after the termination of the Obligations (other than any contingent indemnity obligations or, in Commitments and the case expiration or termination of L/C Obligation, Cash Collateralized) and compliance with Section 10.01(eall outstanding Letters of Credit) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan DocumentSecured Obligations, Debtor the Company 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 3 contracts

Samples: Credit Agreement (Willbros Group Inc), Credit Agreement (Willbros Group Inc), Pledge Agreement (Willbros Group Inc)

Continuing Security Interest. This Security Agreement creates a continuing security interest in the Collateral and shall (i) remain in full force and effect until the termination of the obligations of Lenders to make Credit Extensions advance Borrowings under the Loan Documents and Credit Agreement, the payment in full of the Obligations Obligation, and the expiration of all Financial Xxxxxx; (other than any contingent indemnity obligations orii) be binding upon Debtor, in the case of L/C Obligationsits successors, Cash Collateralized) and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Documentassigns; and (iiiii) inure to the benefit of and be enforceable by the Secured Party, Lenders, and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause CLAUSE (iiiii), the Secured Party and Lenders may assign or otherwise transfer any of their respective Rights under this Security Agreement agreement to any other Person in accordance with the terms and provisions of Section 10.07 SECTION 13.13 of the Credit Agreement, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to the Secured Party or Lenders, as the case may be. Upon payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C Obligation, Cash Collateralized) and compliance with Section 10.01(e) the termination of the Credit Agreement with respect commitment of Lenders to Outstanding Swap Contracts secured by any Loan Documentextend credit, and the expiration of all Financial Xxxxxx, Debtor shall be entitled to the return, upon its request and at its expense, of such of the Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.

Appears in 2 contracts

Samples: Credit Agreement (Dobson Communications Corp), Credit Agreement (Dobson Sygnet Communications Co)

Continuing Security Interest. This Security Agreement creates and the delivery of the Pledged Collateral to the Administrative Agent shall create a continuing security interest in the Pledged Collateral as security for the Obligations and shall (ia) remain in full force and effect until the expiration or termination of the obligations Letters of Lenders to make Credit Extensions under the Loan Documents and the Commitments and the indefeasible payment in full thereafter of the Obligations Obligations; (other than any contingent indemnity obligations or, in the case of L/C Obligations, Cash Collateralizedb) be binding upon Pledgor and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Documentits successors and assigns; and (iic) inure to the benefit of and be enforceable by the Administrative Agent, the other Secured Party, Lenders, Parties and their respective successors, transferees, successors and permitted assigns. Without limiting the generality of the foregoing clause (iic), Secured Party the Administrative Agent and the Lenders may may, subject to Section 9.04 of the Credit Agreement, assign or otherwise transfer any of their respective Rights rights under this Security Agreement to any other Person in accordance with the terms and provisions of Section 10.07 of the Credit AgreementPerson, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to Secured Party the Administrative Agent or the Lenders, as the case may be. Upon the expiration or termination of the Letters of Credit and the Commitments and the indefeasible payment in full thereafter of the Obligations (other than any contingent indemnity obligations orObligations, in the case of L/C Obligation, Cash Collateralized) and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Document, Debtor 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. Upon the release of any Pledged Collateral as provided in Section 9.18 of the Credit Agreement, Pledgor shall be entitled to the return, upon its request and at its expense, of such Pledged Collateral.

Appears in 2 contracts

Samples: Credit Agreement (Lufkin Industries Inc), Credit Agreement (Lufkin Industries Inc)

Continuing Security Interest. This Security Agreement creates shall create a continuing security interest in the Pledged Collateral and shall (ia) remain in full force and effect until payment in full in cash (after the termination of the obligations of Lenders to make Credit Extensions under the Loan Documents Commitments and the payment in full expiration or termination of the Obligations (other than any contingent indemnity obligations or, in the case all outstanding Letters of L/C Obligations, Cash Collateralized) and compliance with Section 10.01(eCredit) of the Credit Agreement with respect Secured Obligations; (b) continue to Outstanding Swap Contracts secured be effective if at any time payment and performance of the Secured Obligations is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored by the Agent or any Loan Documentother Secured Party; (c) be binding upon each Pledgor, its successors and assigns, and any trustee, receiver, or conservator of a Pledgor, and any successors in interest of a Pledgor in and to all or any part of the Pledged Collateral; and (iid) inure inure, together with the rights and remedies of the Agent hereunder, to the benefit of and be enforceable by the Agent, the other Secured Party, Lenders, Parties and their respective successors, transferees, transferees and assigns. Without limiting the generality of the foregoing clause (iid), Secured Party and Lenders the Agent and/or any Bank may assign or otherwise transfer any of their respective Rights its rights and obligations under this Security the Credit Agreement to any other Person in accordance with the terms and provisions of Section 10.07 of the Credit Agreementor entity, and to the extent of such assignment other Person or transfer such Person entity shall thereupon become vested with all the Rights and benefits in respect thereof granted to such Bank herein or otherwise otherwise, all as provided in, and to Secured Party or Lendersthe extent set forth in, as the case may beCredit Agreement. Upon the payment in full in cash (after the termination of the Obligations (other than any contingent indemnity obligations or, in Commitments and the case expiration or termination of L/C Obligation, Cash Collateralized) and compliance with Section 10.01(eall outstanding Letters of Credit) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan DocumentSecured Obligations, Debtor the Company 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: Credit Agreement (Willbros Group Inc), Credit Agreement (Willbros Group Inc)

Continuing Security Interest. This Security Agreement ---------------------------- creates a continuing security interest in the Collateral and shall (i) remain in full force and effect until the termination of the obligations of Lenders to make Credit Extensions advance Borrowings or issue LCs under the Loan Documents and Documents, the payment in full of the Obligations (other than any contingent indemnity obligations orObligation, in and the case expiration of L/C Obligations, Cash Collateralized) all LCs and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured all Financial Xxxxxx issued by any Loan DocumentLender or any Affiliate of any Lender to Borrower or any Company; (ii) be binding upon Debtor, its successors, and assigns; and (iiiii) inure to the benefit of and be enforceable by Secured Party, other Agents, Lenders, and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (iiiii), Secured Party Party, other Agents, and Lenders may assign or otherwise transfer any of their respective Rights under this Security Agreement to any other Person in accordance with the terms and provisions of Section 10.07 13.13 of the Credit Agreement, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to Secured Party Party, other Agents, or Lenders, as the case may be. Upon payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C Obligation, Cash Collateralized) and compliance with Section 10.01(e) the termination of the Credit Agreement with respect commitment of Lenders to Outstanding Swap Contracts secured extend credit or issue LCs under the Loan Documents, and the expiration and termination of all LCs and Financial Xxxxxx issued by any Loan DocumentLender or any Affiliate of any Lender to Borrower or any Company, Debtor shall be entitled to the return, upon its request and at its expense, of such of the Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.

Appears in 1 contract

Samples: Revolving and Term Loan Credit Agreement (Azz Inc)

Continuing Security Interest. This Security Agreement creates a continuing security interest in the Collateral and shall (i) remain in full force and effect until the termination of the obligations of Lenders to make Credit Extensions under the Loan Documents and the payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C ObligationsObligations that are Cash Collateralized or any contingent indemnity obligations), Cash Collateralized) termination of the Revolving Commitments or their reduction to zero, and compliance with Section 10.01(e) of the Borrowing Base Facility Credit Agreement with respect to Outstanding outstanding Swap Contracts secured by any Loan DocumentDocument or in accordance with Section 10.21 of the Pipeline Credit Agreement; and (ii) inure to the benefit of and be enforceable by Secured Party, LendersBeneficiaries, and their respective successors, transferees, and permitted assigns. Without limiting the generality of the foregoing clause (ii), Secured Party and Lenders Beneficiaries may assign or otherwise transfer any of their respective Rights under this Security Agreement to any other Person in accordance with the terms and provisions of Section 10.07 of the Borrowing Base Facility Credit Agreement, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to Secured Party or LendersBeneficiaries, as the case may be. Upon payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C ObligationObligations that are Cash Collateralized or any contingent indemnity obligations), Cash Collateralized) termination of the Revolving Commitments or their reduction to zero, and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding outstanding Swap Contracts secured by any Loan Document, each Debtor shall be entitled to the return, upon its request and at its expense, of such of the Collateral owned by it as shall not have been sold or otherwise applied pursuant to the terms hereof.

Appears in 1 contract

Samples: Pledge and Security Agreement (PostRock Energy Corp)

Continuing Security Interest. This Security Agreement creates shall create a continuing security interest in the Collateral and shall (ia) remain in full force and effect until the termination of the obligations of Lenders to make Credit Extensions under the Loan Documents and the indefeasible payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C Secured Obligations, Cash Collateralized) and compliance with Section 10.01(e) the cancellation or termination of the commitments under the Interim Mall Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Document; and the Bank Credit Agreement, and reimbursement of amounts drawn under Letters of Credit issued under the Bank Credit Agreement, (b) be binding upon Pledgor, its successors and assigns, and (iic) inure to inure, together with the rights and remedies of Secured Party hereunder, for the benefit of and be enforceable by Secured Party, the Bank Lenders, the Mortgage Note Holders, the Interim Mall Lender and their respective successors, transferees, transferees and assigns. Without limiting Upon the generality of the foregoing clause (ii), Secured Party and Lenders may assign or otherwise transfer any of their respective Rights under this Security Agreement to any other Person in accordance with the terms and provisions of Section 10.07 of the Credit Agreement, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to Secured Party or Lenders, as the case may be. Upon indefeasible payment in full of all Secured Obligations, the Obligations (other than security interest granted hereby shall terminate and all rights to the Collateral shall revert to Pledgor. Upon any contingent indemnity obligations orsuch termination Secured Party shall, in the case of L/C Obligationat Pledgor's expense, Cash Collateralized) execute and compliance with Section 10.01(e) of the Credit Agreement with respect deliver to Outstanding Swap Contracts secured by any Loan Document, Debtor Pledgor such documents as Pledgor shall reasonably request to evidence such termination and Pledgor shall be entitled to the return, upon its request and at its expense, against receipt and without recourse to Secured Party, of such of the Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.

Appears in 1 contract

Samples: Completion Guaranty Collateral Account Agreement (Grand Canal Shops Mall Construction LLC)

Continuing Security Interest. This Security Agreement creates a continuing security interest in the Collateral and shall (i) remain in full force and effect until the earlier of the satisfaction or discharge of the Obligations in accordance with the terms of the Asset Sale Agreement or until the termination of the obligations of Lenders Lender to make Credit Extensions Loans under the Loan Documents and the payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C Obligations, Cash Collateralized) and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Documentobligations); and (ii) inure to the benefit of and be enforceable by Secured Party, LendersLender, and their respective successors, transferees, and permitted assigns. Without limiting the generality of the foregoing clause (ii), Secured Party and Lenders Lender may assign or otherwise transfer any of their respective Rights under this Security Agreement to any other Person in accordance with the terms and provisions of Section 10.07 of the Credit Agreement, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to Secured Party or LendersLender, as the case may be. Upon payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C Obligation, Cash Collateralizedobligations) and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Document, Debtor shall be entitled to the return, upon its request and at its expense, of such of the Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.

Appears in 1 contract

Samples: Pledge and Security Agreement (PostRock Energy Corp)

Continuing Security Interest. This Security Agreement creates a continuing security interest in the Collateral and shall (i) remain in full force and effect until the termination of the obligations of Lenders to make Credit Extensions advance Borrowings or issue LCs under the Loan Documents and Documents, the payment in full of the Obligations (other than any contingent indemnity obligations orObligation, in and the case expiration of L/C Obligations, Cash Collateralized) all LCs and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured all Financial Xxxxxx issued by any Loan DocumentLender or any Affiliate of any Lender to Communications or any Company; (ii) be binding upon Debtor, its successors, and assigns; and (iiiii) inure to the benefit of and be enforceable by Secured Party, LendersXxxxxxx, and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (iiiii), Secured Party and Lenders may assign or otherwise transfer any of their respective Rights under this Security Agreement to any other Person in accordance with the terms and provisions of Section 10.07 13.13 of the Credit Agreement, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to the Secured Party or Lenders, as the case may be. Upon payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C Obligation, Cash Collateralized) and compliance with Section 10.01(e) the termination of the Credit Agreement with respect commitment of Lenders to Outstanding Swap Contracts secured extend credit or issue LCs under the Loan Documents, and the expiration of all LCs or Financial Xxxxxx issued by any Loan DocumentLender or any Affiliate of any Lender to Communications or any Company, Debtor shall be entitled to the return, upon its request and at its expense, of such of the Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Dobson Communications Corp)

Continuing Security Interest. This Security Agreement creates a continuing security interest in the Collateral and shall (i) remain in full force and effect until the termination of the obligations of Lenders and the L/C Issuer to make Credit Extensions under the Loan Documents Documents, termination of all Letters of Credit and the payment in full of the Obligations (other than any contingent indemnity obligations or, except as otherwise provided in the case of L/C Obligations, Cash Collateralized) and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Document; Obligations under Lender Hedging Agreements), and (ii) inure to the benefit of and be enforceable by Secured Party, Lenders, and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (ii), Secured Party and Lenders may assign or otherwise transfer any of their respective Rights under this Security Agreement to any other Person in accordance with the terms and provisions of Section 10.07 of the Credit Agreement, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to Secured Party or Lenders, as the case may be. Upon payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C Obligation, Cash Collateralized) and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan DocumentObligations, Debtor shall be entitled to the return, upon its request and at its expense, of such of the Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.

Appears in 1 contract

Samples: Credit Agreement (Martin Midstream Partners Lp)

Continuing Security Interest. This Security Agreement creates a continuing security interest in the Collateral and shall (i) remain in full force and effect until the termination of the obligations of Lenders Secured Party to make Credit Extensions any advance under the Loan Documents Credit Agreement and the payment in full of the Obligations (other than any contingent indemnity obligations or, in Obligation or the case of L/C Obligations, Cash Collateralized) and compliance with Obligation is forgiven pursuant to Section 10.01(e) 5.8 of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan DocumentAgreement; (ii) be binding upon Debtor, its successors, and assigns; and (iiiii) inure to the benefit of and be enforceable by the Secured Party, Lenders, and their its respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (iiiii), the Secured Party and Lenders may assign or otherwise transfer any of their its respective Rights under this Security Agreement agreement to any other Person in accordance with the terms and provisions of Section 10.07 of the Credit AgreementPerson, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to the Secured Party or Lenders, as the case may beParty. Upon payment in full of the Obligations (other than any contingent indemnity obligations or, in Obligation and the case termination of L/C Obligation, Cash Collateralized) and compliance with the commitment of Secured Party to extend credit or the extinguishment of the Obligation pursuant to Section 10.01(e) 5.8 of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan DocumentAgreement, Debtor shall be entitled to the return, upon its request and at its expense, of such of the Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.

Appears in 1 contract

Samples: Credit Agreement (Bank of America Corp /De/)

Continuing Security Interest. This Security Pledge Agreement creates a continuing security interest in the Collateral and shall (i) remain in full force and effect until the termination of the obligations of the Lenders to make Credit Extensions advance Borrowings or issue LCs under the Loan Documents and Documents, the payment in full of the Obligations (other than any contingent indemnity obligations orObligation, in and the case expiration of L/C Obligations, Cash Collateralized) all LCs and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured Financial Xxxxxx issued by any Loan DocumentLender or any Affiliate of any Lender to Debtor or any Company; (ii) be binding upon Debtor, its successors, and assigns; and (iiiii) inure to the benefit of and be enforceable by the Secured Party, LendersXxxxxxx, and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (iiiii), the Secured Party and Lenders may assign or otherwise transfer any of their respective Rights under this Security Pledge Agreement to any other Person in accordance with the terms and provisions of Section 10.07 13.13 of the Credit Agreement, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to the Secured Party or the Lenders, as the case may be. Upon payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C Obligation, Cash Collateralized) and compliance with Section 10.01(e) the termination of the Credit Agreement with respect commitment of Lenders to Outstanding Swap Contracts secured extend credit or issue LCs, and the expiration of all LCs or Financial Xxxxxx issued by any Loan DocumentLender or any Affiliate of any Lender to Debtor or any Company, Debtor shall be entitled to the return, upon its request and at its expense, of such of the Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Dobson Communications Corp)

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Continuing Security Interest. This Security Agreement creates and the delivery of the Pledged Collateral to the Administrative Agent shall create a continuing security interest in the Pledged Collateral as security for the Obligations and shall (ia) remain in full force and effect until the expiration or termination of the obligations Letters of Lenders to make Credit Extensions under the Loan Documents and the Commitments and the indefeasible payment in full thereafter of the Obligations Obligations; (other than any contingent indemnity obligations or, in the case of L/C Obligations, Cash Collateralizedb) be binding upon each Pledgor and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Documentits successors and assigns; and (iic) inure to the benefit of and be enforceable by the Administrative Agent, the other Secured Party, Lenders, Parties and their respective successors, transferees, successors and permitted assigns. Without limiting the generality of the foregoing clause (iic), Secured Party the Administrative Agent and the Lenders may may, subject to Section 13.9 of the Credit Agreement, assign or otherwise transfer any of their respective Rights rights under this Security Agreement to any other Person in accordance with the terms and provisions of Section 10.07 of the Credit AgreementPerson, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to Secured Party the Administrative Agent or the Lenders, as the case may be. Upon the expiration or termination of the Letters of Credit and the Commitments and the indefeasible payment in full thereafter of the Obligations (other than any contingent indemnity obligations orObligations, in the case of L/C Obligation, Cash Collateralized) and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Document, Debtor each 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. Upon the release of any Pledged Collateral as provided in Section 13.21 of the Credit Agreement, the Pledgor of such Pledged Collateral shall be entitled to the return, upon its request and at its expense, of such Pledged Collateral.

Appears in 1 contract

Samples: Credit Agreement (Mens Wearhouse Inc)

Continuing Security Interest. This Security Agreement creates and the delivery of the Pledged Collateral to the Administrative Agent shall create a continuing security interest in the Pledged Collateral as security for the Obligations and shall (ia) remain in full force and effect until the termination of the obligations of Lenders to make Credit Extensions under the Loan Documents Commitments and the indefeasible payment in full thereafter of the Obligations Obligations; (other than any contingent indemnity obligations or, in the case of L/C Obligations, Cash Collateralizedb) be binding upon each Pledgor and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Documentits successors and assigns; and (iic) inure to the benefit of and be enforceable by the Administrative Agent, the other Secured Party, Lenders, Parties and their respective successors, transferees, successors and permitted assigns. Without limiting the generality of the foregoing clause (iic), Secured Party the Administrative Agent and the Lenders may may, subject to Section 13.9 of the Credit Agreement, assign or otherwise transfer any of their respective Rights rights under this Security Agreement to any other Person in accordance with the terms and provisions of Section 10.07 of the Credit AgreementPerson, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to Secured Party the Administrative Agent or the Lenders, as the case may be. Upon the termination of the Commitments and the indefeasible payment in full thereafter of the Obligations (other than any contingent indemnity obligations orObligations, in the case of L/C Obligation, Cash Collateralized) and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Document, Debtor each 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. Upon the release of any Pledged Collateral as provided in Section 13.20 of the Credit Agreement, the Pledgor of such Pledged Collateral shall be entitled to the return, upon its request and at its expense, of such Pledged Collateral.

Appears in 1 contract

Samples: Credit Agreement (Mens Wearhouse Inc)

Continuing Security Interest. This Security Agreement creates and the delivery of the Pledged Collateral to the Secured Party shall create a continuing security interest in the Pledged Collateral and shall (ia) remain in full force and effect until the termination of the obligations of the Lenders to make Loans and issue Letters of Credit Extensions under the Loan Documents Credit Agreement and the payment in full thereafter of the Obligations Obligations; (other than any contingent indemnity obligations or, in b) be binding upon the case of L/C Obligations, Cash Collateralized) Pledgor and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Documentits successors and assigns; and (iic) inure to the benefit of and be enforceable by the Secured Party, Lendersthe Issuing Bank, the Lenders and their respective successors, transferees, transferees and assigns. Without limiting the generality of the foregoing clause (iic), the Secured Party and the Lenders may assign or otherwise transfer any of their respective Rights rights under this Security Agreement to any other Person in accordance with the terms and provisions of Section 10.07 13.11 of the Credit Agreement, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to the Secured Party or the Lenders, as the case may be. Upon the termination of the obligations of the Lenders to make Loans and issue Letters of Credit and the payment in full thereafter of the Obligations (other than any contingent indemnity obligations orObligations, in the case of L/C Obligation, Cash Collateralized) and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Document, Debtor 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 1 contract

Samples: Pledge and Security Agreement (Cross Continent Auto Retailers Inc M&l)

Continuing Security Interest. This Security Agreement creates a continuing security interest in the Collateral and shall (i) remain in full force and effect until the termination of the obligations of Lenders to make Credit Extensions under the Loan Documents and the payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C Obligations, Cash Collateralized) and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Document; and (ii) inure to the benefit of and be enforceable by Secured Party, Lenders, and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (ii), Secured Party and Lenders may assign or otherwise transfer any of their respective Rights under this Security Agreement to any other Person in accordance with the terms and provisions of Section 10.07 of the Credit Agreement, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to Secured Party or Lenders, as the case may be. Upon payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C ObligationObligations, Cash Collateralized) and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Document, Debtor shall be entitled to the return, upon its request and at its expense, of such of the Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.

Appears in 1 contract

Samples: Pledge and Security Agreement (PostRock Energy Corp)

Continuing Security Interest. This Security Agreement creates shall create a continuing security interest in the Collateral and shall (ia) remain in full force and effect until the termination of the obligations of Lenders to make Credit Extensions under the Loan Documents and the indefeasible payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C all Obligations, Cash Collateralized(b) be binding upon Pledgor, its successors and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Document; assigns, and (iic) inure to the benefit of and be enforceable by Secured Party, Lenders, and their respective successors, transferees, its successors and assigns, together with the rights and remedies of Secured Party hereunder. Without limiting the generality of the foregoing clause Provided that Secured Party has received Borrower’s prior written consent (iiwhich consent shall not be unreasonably withheld), Secured Party and Lenders may assign or otherwise transfer (in whole or in part) its interest in any of their respective Rights under this Security Agreement the Collateral, to any other Person in accordance with the terms and provisions of Section 10.07 of the Credit Agreementor entity, and to the extent of such assignment other Person or transfer such Person entity shall thereupon become vested with all the Rights rights and benefits in respect thereof granted herein or otherwise to under this Agreement. Pledgor hereby acknowledges and agrees that Secured Party or Lendersand any other Person receiving a security interest in the Collateral pursuant to the remainder of this sentence, as may grant a security interest in the case may beCollateral. Upon the indefeasible payment in full of all Obligations, the Obligations (other than any contingent indemnity obligations or, in the case of L/C Obligation, Cash Collateralized) security interest granted herein shall terminate and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured by any Loan Document, Debtor shall be entitled all rights to the returnCollateral shall revert to Pledgor. Upon any such termination, Secured Party will, upon its request from Pledgor and at its such Pledgor’s sole expense, of execute and deliver to Pledgor such of the Collateral documents as Pledgor shall not have been sold or otherwise applied pursuant reasonably request to the terms hereofevidence such termination.

Appears in 1 contract

Samples: Pledge Agreement (Contango Oil & Gas Co)

Continuing Security Interest. This Security Agreement creates a continuing security interest in the Collateral and shall (i) remain in full force and effect until the termination of the obligations of Lenders to make Credit Extensions under the Loan Documents and the payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C ObligationsObligations that are Cash Collateralized or any contingent indemnity obligations), Cash Collateralized) termination of the Revolving Commitments or their reduction to zero, and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding outstanding Swap Contracts secured by any Loan Document; and (ii) inure to the benefit of and be enforceable by Secured Party, LendersBeneficiaries, and their respective successors, transferees, and permitted assigns. Without limiting the generality of the foregoing clause (ii), Secured Party and Lenders Beneficiaries may assign or otherwise transfer any of their respective Rights under this Security Agreement to any other Person in accordance with the terms and provisions of Section 10.07 of the Credit Agreement, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to Secured Party or LendersBeneficiaries, as the case may be. Upon payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C ObligationObligations that are Cash Collateralized or any contingent indemnity obligations), Cash Collateralized) termination of the Revolving Commitments or their reduction to zero, and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding outstanding Swap Contracts secured by any Loan Document, each Debtor shall be entitled to the return, upon its request and at its expense, of such of the Collateral owned by it as shall not have been sold or otherwise applied pursuant to the terms hereof.

Appears in 1 contract

Samples: Pledge and Security Agreement (PostRock Energy Corp)

Continuing Security Interest. This Security Agreement creates a continuing security interest in the Collateral and shall (i) remain in full force and effect until the termination of the obligations of Lenders to make Credit Extensions advance Borrowings or issue LCs under the Loan Documents and Documents, the payment in full of the Obligations (other than any contingent indemnity obligations orObligation, in and the case expiration of L/C Obligations, Cash Collateralized) all LCs and compliance with Section 10.01(e) of the Credit Agreement with respect to Outstanding Swap Contracts secured all Financial Xxxxxx issued by any Loan DocumentLender or any Affiliate of any Lender to any Company; (ii) be binding upon [each] Debtor, its successors, and assigns; and (iiiii) inure to the benefit of and be enforceable by Secured Party, Lenders, and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (iiiii), Secured Party and Lenders may assign or otherwise transfer any of their respective Rights under this Security Agreement to any other Person in accordance with the terms and provisions of Section 10.07 13.13 of the Credit Agreement, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to Secured Party or Lenders, as the case may be. Upon payment in full of the Obligations (other than any contingent indemnity obligations or, in the case of L/C Obligation, Cash Collateralized) and compliance with Section 10.01(e) the termination of the Credit Agreement with respect commitment of Lenders to Outstanding Swap Contracts secured extend credit or issue LCs under the Loan Documents, and the expiration of all LCs or Financial Xxxxxx issued by any Loan DocumentLender or any Affiliate of any Lender to any Company, [each] Debtor shall be entitled to the return, upon its request and at its expense, of such of the Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.

Appears in 1 contract

Samples: Credit Agreement (Dobson Communications Corp)

Continuing Security Interest. This Security Pledge Agreement creates a continuing security interest in the Collateral and shall (i) remain in full force and effect until the termination of the obligations of Lenders to make Credit Extensions under the Loan Documents and the payment in full of the Obligations (other than any contingent indemnity obligations orObligation, in and the case expiration of L/C Obligations, Cash Collateralized) all LCs and compliance with Section 10.01(e) of Financial Xxxxxx relating to the Credit Agreement with respect to Outstanding Swap Contracts secured Principal Debt issued by any Loan DocumentLender or any Affiliate of any Lender to Debtor or any Company; (ii) be binding upon Debtor, its successors, and assigns; and (iiiii) inure to the benefit of and be enforceable by Secured Party, Lenders, and their respective successors, transferees, and assigns. Without limiting the generality of the foregoing clause (iiiii), Secured Party and Lenders may assign or otherwise transfer any of their respective Rights under this Security Pledge Agreement to any other Person in accordance with the terms and provisions of Section 10.07 13.12 of the Credit Agreement, and to the extent of such assignment or transfer such Person shall thereupon become vested with all the Rights and benefits in respect thereof granted herein or otherwise to Secured Party or Lenders, as the case may be. Upon payment in full of the Obligations (other than any contingent indemnity obligations or, in Obligation and the case expiration of L/C Obligation, Cash Collateralized) and compliance with Section 10.01(e) of all LCs or Financial Xxxxxx relating to the Credit Agreement with respect to Outstanding Swap Contracts secured Principal Debt issued by any Loan DocumentLender or any Affiliate of any Lender to Debtor or any Company, Debtor shall be entitled to the return, upon its request and at its expense, of such of the Collateral as shall not have been sold or otherwise applied pursuant to the terms hereof.

Appears in 1 contract

Samples: Pledge Agreement (Adelphia Communications Corp)

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