Common use of CREATION OF SECURITY INTEREST; COLLATERAL Clause in Contracts

CREATION OF SECURITY INTEREST; COLLATERAL. The Borrower hereby assigns and grants to the Lender a continuing first priority lien on, and security interest in, all the Borrowers right, title, and interest in and to the collateral described in the next sentence (the "Collateral") to secure the payment and performance of all the Obligations other than the Surviving Indemnities. The Collateral consists of all equipment financed hereunder and specifically set forth on all the Schedules delivered from time to time under the terms of this Agreement (the "Equipment"), together with all present and future additions, parts, accessories, attachments in which no third party has any rights, substitutions, repairs, improvements, and replacements thereof or thereto, and any and all proceeds thereof, including, without limitation, proceeds of insurance and all manuals, blueprints, know-how, warranties, and records in connection therewith, all rights against suppliers, warrantors, manufacturers, sellers, or others in connection therewith, and together with all substitutes for any of the foregoing. Notwithstanding the foregoing, nothing herein shall be construed as a limitation on the Borrower's ability to license its intellectual property in the ordinary course of business.

CREATION OF SECURITY INTEREST; COLLATERAL. The Borrower hereby assigns and grants to the Lender a continuing general, first priority lien on, and security interest in, all the Borrowers Borrower's right, title, and interest in and to the collateral described in the next sentence (the "Collateral") to secure the payment and performance of all the Obligations other than the Surviving IndemnitiesObligations. The Collateral consists of (i) all equipment financed hereunder and specifically set forth on all the Schedules delivered from time to time under the terms of this Agreement (the "Equipment"), together with all present and future additions, parts, accessories, attachments in which no third party has any rightsattachments, substitutions, repairs, improvements, and replacements thereof or thereto, and any and all proceeds thereof, including, without limitation, proceeds of insurance and all manuals, blueprints, know-how, warranties, and records in connection therewith, all rights against suppliers, warrantors, manufacturers, sellers, or others in connection therewith, and together with all substitutes for any of the foregoingforegoing and (ii) all leasehold rights and interests of the Borrower in the Real Property as described in the Lease. Notwithstanding the foregoing, nothing herein Lender shall be construed as a limitation on not file fixture financing statements with respect to the Borrower's ability to license its intellectual property in the ordinary course of businessCollateral constituting Tenant Improvements.

CREATION OF SECURITY INTEREST; COLLATERAL. The Borrower hereby assigns and grants to the Lender a continuing general, first priority lien on, and security interest in, all the Borrowers Borrower's right, title, and interest in and to the collateral described in the next sentence (the "Collateral") to secure the payment and performance of all the Obligations other than the Surviving IndemnitiesObligations. The Collateral consists of all equipment financed hereunder and specifically set forth on all the Schedules delivered from time to time under the terms of this Agreement (the "Equipment"), together with all present and future additions, parts, accessories, attachments in which no third party has any rightsattachments, substitutions, repairs, improvements, and replacements thereof or thereto, and any and all proceeds thereof, including, without limitation, proceeds of insurance and all manuals, blueprints, know-how, warranties, and records in connection therewith, all rights against suppliers, warrantors, manufacturers, sellers, or others in connection therewith, and together with all substitutes for any of the foregoing. Notwithstanding the foregoing; provided, nothing herein however, that there shall be construed excluded from Collateral all general intangibles including, without limitation, contract rights, which by their terms, or as a limitation on matter of law, are nonassignable without the Borrower's ability consent of the licensor or other third person where and to license its intellectual property the extent that the assignment effected by the foregoing creation of a security interest (and the perfection thereof) would result in a default under such general intangible for which the ordinary course of businessavailable remedies include the right to terminate such general intangible.

CREATION OF SECURITY INTEREST; COLLATERAL. The Borrower hereby assigns and grants to the Lender a continuing general, first priority lien on, and security interest in, all the Borrowers right, Borrower's right title, and interest in and to the collateral described in the next sentence (the "Collateral") to secure the payment and performance of all the Obligations other than the Surviving IndemnitiesObligations. The Collateral consists of all equipment financed hereunder and specifically set forth on all the Schedules delivered from time to time under the terms of this Agreement (the "Equipment"), together with all present and future additions, parts, accessories, attachments in which no third party has any rightsattachments, substitutions, repairs, improvements, and replacements thereof or thereto, and any and all proceeds thereof, including, without limitation, proceeds of insurance and all manuals, blueprints, know-howknowhow, warranties, and records in connection therewith, all rights against suppliers, warrantors, manufacturers, sellers, or others in connection therewith, and together with all substitutes for any of the foregoing. Notwithstanding anything contained above to the foregoingcontrary, nothing herein shall be construed as a limitation on the BorrowerLender's ability to license its intellectual property security interest in the ordinary course Collateral shall not include any inventions or knowhow derived by the Borrower or employees, consultants or agents of businessthe Borrower from the use of the equipment, provided such knowhow or inventions do not become a part of the Collateral.

CREATION OF SECURITY INTEREST; COLLATERAL. The Borrower and Guarantor hereby assigns assign and grants grant to the Lender a continuing general, first priority lien on, and security interest in, all the Borrowers Borrower's or Guarantor's right, title, and interest in and to the collateral collateral, as applicable, described in the next sentence (the "Collateral") to secure the payment and performance of all the Obligations other than the Surviving IndemnitiesObligations. The Collateral consists of all equipment financed hereunder and specifically set forth on all the Schedules delivered from time to time under the terms of this Agreement (the "Equipment"), together with all present and future additions, parts, accessories, attachments in which no third party has any rightsattachments, substitutions, repairs, improvements, and replacements thereof or thereto, and any and all proceeds thereof, including, without limitation, proceeds of insurance and all manuals, blueprints, know-how, warranties, and records in connection therewith, all rights against suppliers, warrantors, manufacturers, sellers, or others in connection therewith, and together with all substitutes for any of the foregoing. Notwithstanding The parties acknowledge that the foregoing, nothing herein shall be construed as a limitation on the Borrower's ability to license its intellectual property Borrower may engage in purchase money security financing with third parties in the ordinary course future. The equipment financed by such third parties shall not constitute an attachment to Lender's Collateral for the purposes of businessthis Agreement if such equipment can be (a) removed from Lender's Collateral without causing damage thereto; (b) such removal can be completed without diminishing the value of Lender's Collateral; and (c) such removal does not affect the marketability of Lender's Collateral.