Covenants with Respect to Collateral. The Pledgor agrees with the Secured Party with respect to the Collateral as follows: (a) The Pledgor has previously transferred, or contemporaneous with the execution of this Pledge Agreement, hereby transfers the Pledged Securities to the Secured Party, for the benefit of the Lenders, with proper instruments of assignment duly executed. The Pledgor covenants that it will cause any additional securities issued to or received by the Pledgor with respect to any of the Collateral, whether for value paid by the Pledgor or otherwise, to be forthwith deposited and pledged hereunder, in each case accompanied by proper instruments of assignment duly executed in blank by the Pledgor. (b) From and after the date hereof, except as permitted under the Credit Agreement, the Pledgor (i) shall not and shall not attempt to encumber, subject to any further pledge or security interest, sell, transfer or otherwise dispose of any of the Collateral or any interest therein; (ii) shall not permit or suffer any of the Collateral to be attached or levied upon or seized in any legal proceedings, or held by virtue of any lien or distress; and (iii) shall pay promptly all taxes and assessments upon any of the Collateral. (c) the Pledgor hereby covenants that it will at all times from and after the date hereof, maintain at least 66% of the issued and outstanding Capital Stock of Addison as Collateral for the Secured Party under this Pledge Agreement. (d) the Pledgor hereby covenants that it will at all times from and after the date hereof, maintain 100% of the issued and outstanding Capital Stock of each Issuer (except Addison) as Collateral for the Secured Party under this Pledge Agreement.
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Samples: Pledge Agreement (Exco Resources Inc), Pledge Agreement for Stock (Exco Resources Inc)
Covenants with Respect to Collateral. The Each Pledgor agrees with the Secured Party with respect to the Collateral as follows:
(a) The Each Pledgor has previously transferred, or contemporaneous with the execution of this Pledge Agreement, hereby transfers all interests in any general partnership, limited partnership, limited liability partnership or other partnership including, without limitation, all partnership interests of Operating and the Pledged Securities certificates, if any, representing such partnership interests and any interest of each Pledgor on the books and records of such partnership or on the books and records of any securities intermediary pertaining to the such interest and all dividends, distributions, cash, warrants, rights, options, instruments, securities and other property or proceeds from time to time received, receivable or otherwise distributed in respect of or in exchange for any or all of such partnership interests to Secured Party, for the benefit of the Lenders, with proper instruments of assignment duly executed. The Each Pledgor covenants that it will cause with respect to any additional securities partnership interests issued to or received by such Pledgor (i) that is represented by a certificate or that is an "instrument", it shall cause such certificate or instrument to be delivered to the Pledgor Agent, indorsed in blank by an "effective indorsement" (as defined in Section 8-107 of the Code), regardless of whether such certificate constitutes a "certificated security" for purposes of the Code and (ii) that is an "uncertificated security" for purposes of the Code, it shall cause the issuer of such uncertificated security to either (x) register the Agent as the registered owner thereof on the books and records of the issuer or (y) execute an agreement substantially in the form of Exhibit A hereto, pursuant to which such issuer agrees to comply with the Agent's instructions with respect to any of the Collateral, whether for value paid such uncertificated security without further consent by the Pledgor or otherwise, to be forthwith deposited and pledged hereunder, in each case accompanied by proper instruments of assignment duly executed in blank by the Pledgorsuch Issuer.
(b) From and after the date hereof, except as permitted under the Credit Agreement, the each Pledgor (i) shall not and shall not attempt to encumber, subject to any further pledge or security interest, sell, transfer or otherwise dispose of any of the Collateral or any interest therein; (ii) shall not permit or suffer any of the Collateral to be attached or levied upon or seized in any legal proceedings, or held by virtue of any lien or distress; and (iii) shall pay promptly all taxes and assessments upon any of the Collateral.
(c) the Pledgor hereby covenants that it will at all times from and after the date hereof, maintain at least 66% of the issued and outstanding Capital Stock of Addison as Collateral for the Secured Party under this Pledge Agreement.
(d) the Pledgor hereby covenants that it will at all times from and after the date hereof, maintain 100% of the issued and outstanding Capital Stock of each Issuer (except Addison) as Collateral for the Secured Party under this Pledge Agreement.
Appears in 2 contracts
Samples: Pledge Agreement for Partnership Interests (Exco Resources Inc), Pledge Agreement (Exco Resources Inc)
Covenants with Respect to Collateral. The Pledgor agrees with the Secured Party with respect to the Collateral as follows:
(a) The Pledgor has previously transferred, or contemporaneous with delivered the execution of this Pledge Agreement, hereby transfers certificates evidencing the Pledged Securities to the Agent, for the benefit of the lenders under the Credit Agreement, with proper instruments of assignment duly executed. The Pledgor covenants that it will deliver such Pledged Securities, with proper instruments of assignment duly executed, to the Secured Party, for the benefit of the LendersNoteholders, with proper instruments of assignment duly executedon the date, if any, that the Senior Lender Claims have been discharged. The Pledgor covenants that it will cause any additional securities issued to or received by the Pledgor with respect to any of the Collateral, whether for value paid by the Pledgor or otherwise, to be forthwith deposited and pledged delivered to the Agent (or, if the Senior Lender Claims have been discharged, the Secured Party) to be held by it as Collateral hereunder, in each case accompanied by proper instruments of assignment duly executed in blank by the Pledgor.
(b) From and after the date hereof, except as permitted under the Credit AgreementIndenture, the Pledgor (i) shall not and shall not attempt to encumber, to subject to any further pledge or security interest, interest or to sell, transfer or otherwise dispose of any of the Collateral or any interest therein; (ii) shall not permit or suffer any of the Collateral to be attached or levied upon or seized in any legal proceedings, proceedings or held by virtue of any lien or distress; and (iii) shall pay promptly all taxes and assessments upon any of the Collateral.
(c) Subject to the last two sentences of Section 1 hereof and except as otherwise permitted under the Indenture, the Pledgor hereby covenants that it will at all times from and after the date hereof, maintain at least 66% of the issued and outstanding Capital Stock voting shares and stock of Addison as Collateral for the Secured Party under this Pledge Agreement.
(d) Subject to the last two sentences of Section 1 hereof and except as otherwise permitted under the Indenture, the Pledgor hereby covenants that it will at all times from and after the date hereof, maintain 100% of the issued and outstanding Capital Stock voting shares and stock of each Issuer (except Addison) Taurus as Collateral for the Secured Party under this Pledge Agreement.
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Covenants with Respect to Collateral. The Pledgor agrees with the Secured Party Lender with respect to the Collateral as follows:
(a) The Unless an Event of Default (as hereinafter defined) shall have occurred, Pledgor has previously transferredshall be entitled to (i) vote any Pledged Securities and give any consents, waivers and ratifications in respect thereof, provided no vote shall be cast or contemporaneous with consent, waiver or ratification given or action taken by Pledgor which, in the execution sole judgment of this Pledge Agreement, hereby transfers Lender would impair the value or marketability of the Pledged Securities and (ii) receive all interest and/or cash dividends or distributions paid with respect to the Secured PartyPledged Securities, for if and to the benefit of extent then permitted to be paid to Pledgor under the Lenders, with proper instruments of assignment duly executed. The Loan Agreement (or otherwise expressly approved in writing by Lender).
(b) Pledgor covenants that it will cause any additional securities or property issued to or received by the Pledgor with respect to any of the Collateral, whether or not for value paid by the Pledgor or otherwisePledgor, to be forthwith promptly deposited with and pledged to Lender pursuant hereto. Upon delivery thereof, such additional securities or property shall constitute Collateral hereunder.
(c) Pledgor agrees that all Collateral now or hereafter so deposited and pledged hereunder, in each case or substituted by Pledgor will be accompanied by proper instruments of assignment duly executed in blank by the Pledgor.
(b) From and after the date hereof, except all as permitted under the Credit Agreement, the Pledgor (i) shall not and shall not attempt to encumber, subject to any further pledge or security interest, sell, transfer or otherwise dispose of any of the Collateral or any interest therein; (ii) shall not permit or suffer any of the Collateral to be attached or levied upon or seized in any legal proceedings, or held by virtue of any lien or distress; and (iii) shall pay promptly all taxes and assessments upon any of the Collateral.
(c) the Pledgor hereby covenants that it will at all times from and after the date hereof, maintain at least 66% of the issued and outstanding Capital Stock of Addison as Collateral for the Secured Party under this Pledge AgreementLender may require.
(d) the If an Event of Default has occurred, Pledgor hereby covenants that it will at shall cooperate with and assist Lender in its efforts to dispose of all times from and after the date hereof, maintain 100% or any portion of the issued and outstanding Capital Stock of each Issuer (except Addison) as Collateral for the Secured Party under this Pledge AgreementPledged Securities.
Appears in 1 contract
Samples: Loan and Security Agreement (Simione Central Holdings Inc)
Covenants with Respect to Collateral. The Pledgor agrees (a) Obligor shall (i) maintain, preserve and protect the Collateral and keep it in good condition and repair; (ii) take all reasonable steps to protect the Collateral against theft and casualty; (iii) duly observe all applicable legal and insurance requirements with respect to the operation of its business and the use, sale or other disposition of the Collateral; (iv) pay when due all taxes assessments, charges, encumbrances and liens now or hereafter imposed upon or affecting any part of the Collateral; (v) shall keep and maintain property insurance for the above-mentioned collateral, with carriers and against all risks and liabilities in a minimum amount of ____________________ Dollars ($__________), and to apply the proceeds of any claim thereunder, to replacement of the Collateral. Obligor shall furnish the Secured Party with respect a certificate of insurance as evidence of compliance with the provisions of this paragraph and the Secured Party shall be named as a co- insured; (vi) assume all risks and agree that no loss, damage or casualty shall release Obligor from any obligations hereunder; (vii) keep accurate and complete records of the Collateral and any disposition thereof and provide Secured Party with such accounts, reports and information relating to the disposition of the Collateral as follows:
Secured Party may require from time to time; (aviii) The Pledgor has previously transferredkeep the Collateral free of all liens, or contemporaneous with the execution of this Pledge Agreement, hereby transfers the Pledged Securities to the Secured Party, for the benefit of the Lenders, with proper instruments of assignment duly executed. The Pledgor covenants that it will cause any additional securities issued to or received by the Pledgor with respect to any of the Collateral, whether for value paid by the Pledgor or otherwise, to be forthwith deposited charges and pledged hereunder, encumbrances; (ix) except as provided in each case accompanied by proper instruments of assignment duly executed in blank by the Pledgor.
subsection (b) From and after the date hereofbelow, except as permitted under the Credit Agreement, the Pledgor (i) shall not and shall not attempt to encumber, subject to any further pledge surrender or security interestlose possession of, sell, transfer encumber, lease, or otherwise dispose of or transfer any of the Collateral or any right or interest therein; (iix) shall not permit or suffer any of the Collateral to shall be attached or levied upon or seized in any legal proceedingskept at 0000 Xxxxxxxxx Xxxxx, or held by virtue of any lien or distress; and (iii) shall pay promptly all taxes and assessments upon any of the Collateral.
(c) the Pledgor hereby covenants that it will at all times from and after the date hereofXxxxx 0000, maintain at least 66% of the issued and outstanding Capital Stock of Addison as Collateral for Xxxxxxxx, Xxxxxxxx 00000 where the Secured Party under may inspect it at any time. The Collateral may be removed in whole or in part from this Pledge Agreement.
(d) location only with the Pledgor hereby covenants that it will at all times from and after the date hereof, maintain 100% written consent of the issued and outstanding Capital Stock of each Issuer (except Addison) as Collateral for the Secured Party under this Pledge AgreementParty.
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Covenants with Respect to Collateral. The Pledgor agrees with the Secured Party with respect to the Collateral as follows:
(a) The Pledgor has previously transferred, or contemporaneous with the execution of this Pledge Agreement, hereby transfers the Pledged Securities Notes and Inter-Company Receivables to the Secured Party, for the benefit of the Lenders, Party with proper endorsement and instruments of assignment duly executed. The Pledgor covenants that it will cause any additional securities notes, instruments or documents issued to or received by the Pledgor with respect to any of the Collateral, whether for value paid by the Pledgor or otherwise, to be forthwith deposited and pledged hereunder, in each case accompanied by proper endorsement and instruments of assignment duly executed in blank by the Pledgor.
(b) From and after the date hereof, except as permitted under the Credit Agreement, the Pledgor (i) shall not and shall not attempt to encumber, subject to any further pledge or security interest, sell, transfer or otherwise dispose of any of the Collateral or any interest therein; (ii) shall not permit or suffer any of the Collateral to be attached or levied upon or seized in any legal proceedings, or held by virtue of any lien or distress; and (iii) shall pay promptly all taxes and assessments upon any of the Collateral.
(c) the Pledgor hereby covenants that it will at all times from and after the date hereof, maintain at least 66% deliver any Pledged Notes and other instruments representing any of the issued and outstanding Capital Stock of Addison Collateral to Secured Party as Collateral for the Secured Party under this Pledge Agreement.
(d) the Pledgor hereby covenants that it will at all times from and after the date hereof, maintain 100% of the issued and outstanding Capital Stock of each Issuer (except Addison) as Collateral for the Secured Party under this Pledge Agreement.
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Covenants with Respect to Collateral. The Pledgor agrees with the Secured Party with respect Assignor covenants to the Collateral Assignee as follows:.
(a) The Pledgor has previously transferredWithout the prior written consent of the Assignee, the Assignor will not (i) sell, assign, or contemporaneous with the execution of this Pledge Agreement, hereby transfers the Pledged Securities to the Secured Party, for the benefit of the Lenders, with proper instruments of assignment duly executed. The Pledgor covenants that it will cause any additional securities issued to or received by the Pledgor with respect to transfer any of its rights in or to the Collateral, whether for value paid by (ii) grant or suffer to exist, and defend the Pledgor Collateral against, any lien thereon, or otherwise, (iii) permit any levy or attachment to be forthwith deposited and pledged hereunder, in each case accompanied by proper instruments of assignment duly executed in blank by made against the PledgorCollateral.
(b) From The Assignor will promptly execute, acknowledge and after deliver all such further agreements, documents and instruments and take all such action as the date hereofAssignee from time to time may reasonably request in order to preserve, except perfect and maintain perfected the security interest created hereby, to carry out the provisions and purposes of this Agreement and to ensure to the Assignee the benefits of the lien and security interest in and to the Collateral created by this Agreement.
(c) The Assignor will defend the title to the Collateral and the lien and security interest of the Assignee thereon against the claim of any Person and will preserve and protect such lien and security interest until such time as permitted under the Credit AgreementSecured Obligations have been paid or performed in full.
(d) The Assignor will not change its name, identity or address or principal place of business, as the Pledgor (i) case may be, in any manner which is reasonably likely to make any financing or continuation statement filed in connection herewith seriously misleading within the meaning of the UCC unless Assignor shall not have given the Assignee at least 30 days' prior notice thereof and shall have taken all action necessary or reasonably requested by the Assignee to amend such financing statement or continuation statement so that it is not attempt seriously misleading.
(e) The Assignor will promptly notify the Assignee of any lien or claim that has attached to encumber, subject to any further pledge or security interest, sell, transfer been made or otherwise dispose of asserted against any of the Collateral or the occurrence of any interest therein; (ii) shall not permit other event or suffer any of condition that could have a material adverse effect on the Collateral to be attached or levied upon or seized in any legal proceedings, or held by virtue of any lien or distress; and (iii) shall pay promptly all taxes and assessments upon any of the Collateralsecurity interest created hereunder.
(c) the Pledgor hereby covenants that it will at all times from and after the date hereof, maintain at least 66% of the issued and outstanding Capital Stock of Addison as Collateral for the Secured Party under this Pledge Agreement.
(d) the Pledgor hereby covenants that it will at all times from and after the date hereof, maintain 100% of the issued and outstanding Capital Stock of each Issuer (except Addison) as Collateral for the Secured Party under this Pledge Agreement.
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Covenants with Respect to Collateral. The Pledgor Borrower agrees with the Secured Party Lender with respect to the Collateral as follows:
(a) The Pledgor has previously transferredUnless an Event of Default (as hereinafter defined) shall have occurred, Borrower shall be entitled to (i) vote any Pledged Securities and give any consents, waivers and ratifications in respect thereof, provided no vote shall be cast or contemporaneous with consent, waiver or ratification given or action taken by Borrower which, in the execution sole judgment of this Pledge AgreementLender, hereby transfers would impair the value or marketability of the Pledged Securities and (ii) receive all interest and/or cash dividends paid with respect to the Secured Party, for the benefit of the Lenders, with proper instruments of assignment duly executed. The Pledgor covenants that it Pledged Securities.
(b) Borrower will cause any additional securities or property issued to or received by the Pledgor Borrower with respect to any of the Collateral, whether or not for value paid by the Pledgor or otherwiseBorrower, to be forthwith promptly deposited with and pledged to Bank and/or Bank's Affiliates hereunder. Upon delivery thereof, such additional securities or property shall constitute Collateral hereunder.
(c) Borrower agrees that all Collateral now or hereafter so deposited and pledged hereunder, in each case or substituted by Borrower will be accompanied by proper instruments of assignment duly executed in blank by the Pledgor.
(b) From and after the date hereofBorrower, except all as permitted under the Credit Agreement, the Pledgor (i) shall not and shall not attempt to encumber, subject to any further pledge or security interest, sell, transfer or otherwise dispose of any of the Collateral or any interest therein; (ii) shall not permit or suffer any of the Collateral to be attached or levied upon or seized in any legal proceedings, or held by virtue of any lien or distress; and (iii) shall pay promptly all taxes and assessments upon any of the Collateral.
(c) the Pledgor hereby covenants that it will at all times from and after the date hereof, maintain at least 66% of the issued and outstanding Capital Stock of Addison as Collateral for the Secured Party under this Pledge AgreementLender may require.
(d) the Pledgor hereby covenants that it will at If an Event of Default has occurred, Borrower shall cooperate with and assist Lender in its efforts to dispose of all times from and after the date hereof, maintain 100% or any portion of the issued and outstanding Capital Stock of each Issuer (except Addison) as Collateral for the Secured Party under this Pledge AgreementPledged Securities.
Appears in 1 contract
Samples: Securities Pledge Agreement (Community National Bancorporation)