Creation of Security Interest in Collateral. Without limiting any Liens and security interests granted pursuant to the Original Loan Agreement (which are hereby continued and renewed and shall remain in full force and effect in order to secure prompt payment and performance by each Borrower of all its Obligations (other than subsection (c) of the definition of Collateral which granting shall be governed by such other applicable security document)), each Borrower hereby irrevocably and unconditionally grants, transfers, pledges, collaterally assigns, hypothecates, sets over and conveys to Agent, for the benefit of Agent and Lenders, a first-priority continuing Lien and security interest in all of its right, title, and interest in, to and under all of the Collateral (except with respect to subsection (c) of the definition of Collateral to the extent that granting occurs pursuant to another security agreement or similar document), whether presently existing or hereafter acquired or arising, in order to secure prompt payment and performance by each Borrower of all its Obligations (other than subsection (c) of the definition of Collateral which granting shall be governed by such other applicable security document). With respect to Collateral that consists of Master Collection Accounts (as defined in the Intercreditor Agreement), Regional, the other Borrowers, the Special Purpose Subsidiaries and the other Grantors (as defined in the Security Agreement), pursuant to the Security Agreement shall grant a security interest in such Master Collection Accounts to Collateral Agent. The rights and remedies of the Collateral Agent, the Agent, each Permitted Facility Agent party thereto, and any additional Permitted Facility Agents shall be governed by the provisions of the Intercreditor Agreement. In no event shall the grant of any Lien under any Loan Document secure an Excluded Swap Obligation of the granting obligor.
Creation of Security Interest in Collateral. A. As collateral security for any and all Advances and other indebtedness, the Member B. hereby assigns, transfers, pledges and grants a security interest to the Bank, its successors or assigns all of the following (collectively, the "Collateral"):
1. all Capital Stock of the Bank now or hereafter owned by Member, and all deposit accounts now or hereafter maintained by the Member with the Bank; and
2. such property of Member as is described on a Collateral Listing substantially in the form of Exhibit A or in such other form as may be determined by the Bank from time to time, transmitted from time to time by Member to Bank and delivered by Member to Bank as collateral hereunder and identified as such. The Member shall promptly deliver the Collateral to the Bank or its authorized agents, in the manner specified by the Member Policies and Procedures or as otherwise specified in writing by the Bank.
C. The Member undertakes and agrees to keep and maintain at all times Collateral (exclusive of Bank Capital Stock and Member's deposit accounts) which has an Advance Equivalency sufficient to fully secure its Advances. Advance Equivalency is calculated by applying commercially reasonable Collateral Maintenance Levels to the fair market value or book value of Collateral. The Member acknowledges that the Bank may increase such Collateral Maintenance Levels, in a commercially reasonable and nondiscriminatory manner as determined by the Bank, by providing written notice of any such increase to the Member at least thirty (30) calendar days prior to implementing the same.
D. The Bank agrees to allow the Member to withdraw any Collateral specified in a written request to the Bank, provided that the Bank reasonably determines that the remaining Collateral (exclusive of Bank Capital Stock and Member's deposit accounts), after giving effect to such withdrawal, has an Advance Equivalency at least equal to Member's Advances.
E. The Member agrees to make, execute and deliver to the Bank such assignments, endorsements, listings, powers, or other documents or instruments, or to take any such other measures as the Bank may reasonably request in order to protect its security interest in the Collateral. The Member authorizes the Bank to file any and all financing statements and amendments thereto as the Bank reasonably deems desirable to perfect and protect its security interest in the Collateral.
F. The Member agrees to provide any information regarding the Collateral reasonably re...
Creation of Security Interest in Collateral. As collateral security for any and all such Advances, Member assigns, transfers, pledges, and grants a security interest to the Bank, its successors or assigns, in all Mortgage Collateral, Securities Collateral, Deposits and other collateral (as described in the Member Policies and Procedures and referred to herein collectively as "Collateral") now or hereafter acquired by the Member, and all proceeds thereof; provided, however, that the Member may freely dispose of Collateral that is not used to satisfy its collateral maintenance level as set forth below in B. With respect to the Collateral, Member undertakes and agrees as follows:
A. That such security interest shall extend to after acquired Collateral of a similar nature;
B. To keep and maintain an amount of such Collateral free and clear of pledges, liens, and encumbrances to others as is required to meet the Member's collateral maintenance level. The "required Collateral Maintenance Level" means the amount of Collateral the Member is required to maintain to secure its Advances with the Bank as set forth and calculated in accordance with the Member Policies and Procedures;
C. That the Member shall be at liberty to use, commingle, and dispose of all or part of the Collateral, and to collect, compromise, and dispose of the proceeds of the Collateral without being required to account for the proceeds or replace the Collateral subject only to its obligation to meet its Collateral Maintenance Level as set forth above;
D. To assemble and deliver Collateral to the Bank or its authorized agents immediately upon demand of the Bank; and as specified by the Bank in the Member Policies and Procedures to pay for the safekeeping of Collateral as established by the Bank; and
E. To make, execute, and deliver to the Bank such assignments, endorsements, listings, powers, financing statements or other instruments as the Bank may reasonably request respecting such Collateral. Without limitation of the foregoing, all tangible and intangible property heretofore assigned, transferred or pledged by the Member to the Bank as Collateral for Advances prior to the date hereof is hereby assigned, transferred and pledged to the Bank as Collateral hereunder.
Creation of Security Interest in Collateral. Each Borrower hereby irrevocably and unconditionally grants, transfers, and assigns to Agent, for the benefit of Agent and Lenders, all its right, title, and interest in all the Collateral, whether presently existing or hereafter acquired or arising, in order to secure prompt payment and performance by each Borrower of all its Obligations. Agent’s title and security interest in the Collateral shall attach to all the Collateral without further act by Agent or Borrowers. In the event any Collateral, including proceeds, is evidenced by or consists of Instruments, Borrowers shall, upon the request of Agent, endorse, assign, and deliver to Agent such Instruments.
Creation of Security Interest in Collateral. As collateral security for any and all such Advances, Member assigns, transfers, and pledges to the Bank, its successors or assigns, property of Member as described in Exhibit A (the “Collateral”), which may be amended from time to time. With respect to such Collateral, Member undertakes and agrees as follows:
A. To keep and maintain such Collateral free and clear of pledges, liens and encumbrances to others as is required to meet the Member’s collateral maintenance level. The “required collateral maintenance level” means the amount of Collateral the Member is required to maintain to secure its Advances with the Bank as set forth and calculated in accordance with the Member Policies and Procedures;
B. To assemble and deliver Collateral to the Bank or its authorized agents immediately upon demand of the Bank; and as specified by the Bank in the Member Policies and Procedures to pay for the safekeeping of Collateral.
C. To provide any information regarding the Collateral reasonably requested by the Bank and to make its books and records available to the Bank audits or verification pursuant to Section 12.
D. To provide any information requested by the Bank in connection with an Advance or Collateral and any information contained in any status report, schedule, or other documents requested or required hereunder and any other information given from time to time by the Member as to each item of Collateral.
E. To make, execute and deliver to the Bank such assignments, endorsements, listings, powers, financing statements or other instruments as the Bank may reasonably request respecting such Collateral.
F. Unless otherwise directed by the Member, the Bank undertakes and agrees to transfer all income received by the Bank on any Collateral in the possession of the Bank to the Member's Demand Deposit Account. Notwithstanding the foregoing, however, in the event that a default as described in Section 9 has occurred and is continuing, and whether or not the Bank has declared the Member to be in default, the Bank shall directly apply any such income received in satisfaction of the amount in default, including any Collateral shortfall.
Creation of Security Interest in Collateral. Each Borrower hereby irrevocably and unconditionally grants, transfers, and assigns to Agent all its right, title, and interest in all the Collateral, whether presently existing or hereafter acquired or arising, in order to secure prompt payment and performance by each Borrower of all its Obligations. Agent’s title and security interest in the Collateral shall attach to all the Collateral without further act by Agent or Borrowers. In the event any Collateral, including proceeds, is evidenced by or consists of Instruments, Borrowers shall, upon the request of Agent and subject to the prior rights of the Senior Lenders, endorse, assign, and deliver to Agent such Instruments.
Creation of Security Interest in Collateral. As collateral security for any and all such Advances, Member assigns, transfers, and pledges to the Bank, its successors or assigns, property of Member as described in Exhibit A (the “Collateral”), which may be amended from time to time. With respect to such Collateral, Member undertakes and agrees as follows:
A. To keep and maintain such Collateral free and clear of pledges, liens and encumbrances to others as is required to meet the Member’s collateral maintenance level. The “required collateral maintenance level” means the amount of Collateral the Member is required to maintain to secure its Advances with the Bank as set forth and calculated in accordance with the Member Policies and Procedures;
B. To assemble and deliver Collateral to the Bank or its authorized agents immediately upon demand of the Bank; and as specified by the Bank in the Member Policies and Procedures to pay for the safekeeping of Collateral.
C. To make, execute and deliver to the Bank such assignments, endorsements, listings, powers, financing statements or other instruments as the Bank may reasonably request respecting such Collateral.
Creation of Security Interest in Collateral. As Collateral security for any and for any and all such Advances, Member assigns, transfers, pledges, and grants a security interest to the Bank, its successors as assigns, in all Mortgage Collateral, Securities Collateral, Deposits other collateral (as described in the Member Policies and Procedures and referred to herein collectively as “Collateral”) now or hereafter acquired by the Member, and all proceeds thereof, provided, however, that the Member may freely dispose of Collateral that is not used to satisfy its collateral maintenance level as set forth below in B. With respect to the Collateral, Member undertakes and agrees as follows:
A. That such security interest shall extend to after acquired Collateral of a similar nature;
B. To keep and maintain an amount of such Collateral free and clear of pledges, liens, and encumbrances to others as is required to meet the Member’s collateral maintenance level. The “required Collateral Maintenance Level” means the amount of Collateral the Member is required to maintain to secure its Advances with the Bank as set forth and calculated in accordance with the Member Policies and Procedures;
Creation of Security Interest in Collateral. The Maker hereby grants a continuing security interest to the Holder in and to the Inventory (as defined in the Asset Purchase Agreement), which is referred to herein collectively as the “Collateral” from the date hereof through the Termination Date. The Collateral is pledged, assigned and transferred, and a first priority lien security interest therein is granted to the Holder as security for the payment and performance by the Maker as and when due and payable (by scheduled maturity, acceleration or otherwise) of all amounts owing by Maker pursuant the Note.
Creation of Security Interest in Collateral. Borrower hereby irrevocably and unconditionally grants, transfers, and assigns to Lender a security interest in all the Collateral and in all of Borrower's rights therein, whether presently existing or hereafter acquired or arising, in order to secure prompt payment of the Loan and payment and the performance by Borrower of all its other Obligations under this Agreement. Lender's security interest in the Collateral shall attach to all the Collateral without further act by Lender or Borrower. In the event any Collateral is evidenced by or consists of
