Common use of Cross-Collateral Clause in Contracts

Cross-Collateral. To secure the payment and performance obligations to PURCHASER (and the PURCHASERs) under this Merchant Security Agreement and Guaranty (this “Agreement”), Merchant and each Guarantor hereby grants PURCHASER, for itself and its participants, a security interest in the collateral set forth in the Addendum to the Security Agreement and Guarantee (the “Additional Collateral”). Each Guarantor agrees and acknowledges that PURCHASER will have a security interest in the aforesaid Additional Collateral upon execution of this Agreement. Guarantor acknowledges and agrees that any security interest granted to PURCHASER under any other agreement between Guarantor and PURCHASER will secure the obligations hereunder, and that the Guarantor’s payment and performance obligations under this Agreement, and the Additional Collateral granted hereunder, shall be perfected under any previously filed UCC-1 or UCC-3 statement, perfecting PURCHASER’s interest in the Additional Collateral. Guarantor further acknowledges and agrees that, if Guarantor enters into future Agreements with PURCHASER, any security interest granted to PURCHASER under such future Agreements will relate back to this Agreement, and that the Guarantor’s payment and performance obligations, and the Additional Collateral granted, under such future Agreements, shall relate back to, be perfected under, and made a part of, any previously filed UCC-1 or UCC-3 statement, perfecting PURCHASER’s interesting the Additional Collateral. Each of Merchant and each Guarantor agrees to execute any documents or take any action in connection with this Agreement as PURCHASER deems necessary to perfect or maintain PURCHASER’s first priority security interest in the Collateral and Additional Collateral, including the execution of any control agreements. Each of Merchant and each Guarantor hereby authorizes PURCHASER to file any financing statements deemed necessary by PURCHASER to perfect or maintain PURCHASER’s security interest, which financing statements may contain notification that Merchant and each Guarantor have granted a negative pledge to PURCHASER with respect to the Collateral and Additional Collateral, and that any subsequent lender or lienor may be tortiously interfering with PURCHASER’s rights. Merchant and each Guarantor shall be jointly and severally liable for and shall pay to PURCHASER upon demand all costs and expenses, including but not limited to attorneys’ fees, which may be incurred by PURCHASER in protecting, preserving and enforcing PURCHASER’s security interest and rights.

Appears in 2 contracts

Samples: Future Receivables Factoring Agreement, Future Receivables Factoring Agreement

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Cross-Collateral. To secure The Borrower acknowledges that in the payment event of Repayment by the Borrower of the Loan and performance obligations to PURCHASER (and the PURCHASERs) other amounts due under this Merchant Security Agreement and Guaranty (this “Agreement”), Merchant and each Guarantor hereby grants PURCHASER, for itself and its participants, a security interest in but there being any outstandings by the collateral set forth in the Addendum to the Security Agreement and Guarantee (the “Additional Collateral”). Each Guarantor agrees and acknowledges that PURCHASER will have a security interest in the aforesaid Additional Collateral upon execution of this Agreement. Guarantor acknowledges and agrees that any security interest granted to PURCHASER Borrower under any other agreement between Guarantor financial facility availed of by the Borrower from the Lender or any outstanding dues payable to the Lender by the Borrower, then in such event, the Lender shall not be obliged to release the security created by the Borrower under this Agreement and PURCHASER will secure the obligations hereunderBorrower hereby authorises the Lender to extend the security to cover such outstanding financial facility. Likewise, and that in the Guarantor’s payment and performance obligations event of there being any outstanding by the Borrower under this Agreement, the Lender shall not be obliged to release the security created by the Borrower for any other financial facility availed of by the Borrower from the Lender and the Additional Collateral granted hereunder, shall be perfected Borrower undertakes to extend such security to cover the outstanding due under any previously filed UCC-1 or UCC-3 statement, perfecting PURCHASER’s interest in the Additional Collateral. Guarantor further acknowledges and agrees that, if Guarantor enters into future Agreements with PURCHASER, any security interest granted to PURCHASER under such future Agreements will relate back to this Agreement, and that . That if the Guarantor’s payment and performance obligations, and the Additional Collateral granted, under such future Agreements, shall relate back to, be perfected under, and made a part of, Borrower fails to pay any previously filed UCC-1 money due or UCC-3 statement, perfecting PURCHASER’s interesting the Additional Collateral. Each of Merchant and each Guarantor agrees to execute any documents or take any action in connection with this Agreement as PURCHASER deems necessary to perfect or maintain PURCHASER’s first priority security interest in the Collateral and Additional Collateral, including the execution of any control agreements. Each of Merchant and each Guarantor hereby authorizes PURCHASER to file any financing statements deemed necessary by PURCHASER to perfect or maintain PURCHASER’s security interest, which financing statements may contain notification that Merchant and each Guarantor have granted a negative pledge to PURCHASER with respect to the Collateral and Additional Collateral, and that any subsequent lender or lienor may be tortiously interfering with PURCHASER’s rights. Merchant and each Guarantor shall be jointly and severally liable for and shall pay to PURCHASER upon demand all costs and expenses, including but not limited to attorneys’ fees, which may be incurred declared due prior to the date when the same would have otherwise become due or commits any default under this Agreement or any other agreement with the Lender under which the Borrower is enjoying financial/credit facilities with the Lender, then, in such event, the Lender shall not be obliged to release the security created by PURCHASER the Borrower on Scheduled Property for any other financial facility availed of by the Borrower from the Lender and the Borrower undertakes to extend such security to cover the outstanding due under this Agreement. That the Promoter along with Xxxxxxxx states that they are aware that based on the aforesaid assurance given to SBFC, the SBFC have agreed to grant credit facility to the Borrower. The breach of the aforesaid by Borrower will amount to an event of default and breach of the facility terms and as a consequence, the SBFC may at their own option and sole discretion refuse to disburse any further amounts under the said credit facilities and take all remedial steps as SBFC may be entitled to under any contract or by law or otherwise howsoever as SBFC may deem fit including recalling the entire dues with interest, costs, charges and expenses (including Attorney's cost) and SBFC shall thereupon be entitled to enforce all the rights against the Borrower including enforcement of the securities created by the Borrowers and I or the Guarantors in protectingfavour of SBFC. Parties agree that any dispute arising out of and related to this Undertaking shall be referred to Sole Arbitrator appointed by SBFC. Decision of said sole arbitrator shall be final, preserving conclusive and enforcing PURCHASER’s security interest binding on all the parties We do hereby confirm having read and rights.understood the text contained in Pages No. 1 to 9 Borrower Co-borrower (1) Co-borrower (2) Co-borrower (3) Authorized Signatory For SBFC Finance Limited (Erstwhile SBFC Finance Private Limited) Schedule Place of Execution Date of Execution (A) Details of Borrower/s and Guarantor/s (Address of Property) Name Constitution Address Borrower Co-Borrower1 Co-Borrower2 Co-Borrower3 Co-Borrower4 Co-Borrower5 Details of Loan Property/ies Sr No Property Address Borrower Co-borrower (1) Co-borrower (2) Co-borrower (3)

Appears in 1 contract

Samples: Loan Agreement

Cross-Collateral. To secure the Guarantor’s payment and performance obligations to PURCHASER (and the PURCHASERs) DDF under this Merchant Security Agreement and Guaranty (this the “Agreement”), Merchant and each Guarantor hereby grants PURCHASER, for itself and its participants, DDF a security interest in the collateral set forth in the Addendum to the Security Agreement and Guarantee (the “Additional Collateral”). Each Guarantor agrees and acknowledges understands that PURCHASER DDF will have a security interest in the aforesaid Additional Collateral upon execution of this Agreement. Merchant and Guarantor acknowledges each acknowledge and agrees agree that any security interest granted to PURCHASER DDF under any other agreement between Merchant or Guarantor and PURCHASER DDF (the “Cross-Collateral”) will secure the obligations hereunder, hereunder and that under the Guarantor’s payment and performance obligations under this Merchant Agreement, and the Additional Collateral granted hereunder, shall be perfected under any previously filed UCC-1 or UCC-3 statement, perfecting PURCHASER’s interest in the Additional Collateral. Guarantor further acknowledges and agrees that, if Guarantor enters into future Agreements with PURCHASER, any security interest granted to PURCHASER under such future Agreements will relate back to this Agreement, and that the Guarantor’s payment and performance obligations, and the Additional Collateral granted, under such future Agreements, shall relate back to, be perfected under, and made a part of, any previously filed UCC-1 or UCC-3 statement, perfecting PURCHASER’s interesting the Additional Collateral. Each of Merchant and Guarantor each Guarantor agrees agree to execute any documents or take any action in connection with this Agreement as PURCHASER DDF deems necessary to perfect or maintain PURCHASER’s DDF's first priority security interest in the Collateral, the Additional Collateral and Additional the Cross-Collateral, including the execution of any account control agreements. Each of Merchant and Guarantor each Guarantor hereby authorizes PURCHASER authorize DDF to file any financing statements deemed necessary by PURCHASER DDF to perfect or maintain PURCHASER’s DDF's security interest, which financing statements statement may contain notification that Merchant and each Guarantor have granted a negative pledge to PURCHASER DDF with respect to the Collateral, the Additional Collateral and Additional the Cross-Collateral, and that any subsequent lender or lienor may be tortiously interfering with PURCHASER’s DDF's rights. Merchant and each Guarantor shall be jointly and severally liable for and shall pay to PURCHASER upon demand DDF may charge and collect all costs and expenses, including but not limited to attorneys’ attorney’s fees, which may be incurred by PURCHASER DDF in protecting, preserving and enforcing PURCHASER’s DDF's security interest and rights. Merchant further acknowledges that DDF may use another legal name and/or D/B/A when designating the Secured Party, when the DDF files the above-referenced financing statement(s).

Appears in 1 contract

Samples: Security Agreement

Cross-Collateral. To secure the Guarantor's payment and performance obligations to PURCHASER (and the PURCHASERs) FUNDER under this Merchant Security Agreement and Guaranty (this “the "Agreement"), Merchant and each Guarantor hereby grants PURCHASER, for itself and its participants, FUNDER a security interest in the collateral set forth in the Addendum to the Security Agreement and Guarantee __ (the "Additional Collateral"). Each Guarantor agrees and acknowledges understands that PURCHASER FUNDER will have a security interest in the aforesaid Additional Collateral upon execution of this Agreement. Merchant and Guarantor acknowledges each acknowledge and agrees agree that any security interest granted to PURCHASER FUNDER under any other agreement between Merchant or Guarantor and PURCHASER FUNDER (the "Cross-Collateral") will secure the obligations hereunder, hereunder and that under the Guarantor’s payment and performance obligations under this Merchant Agreement, and the Additional Collateral granted hereunder, shall be perfected under any previously filed UCC-1 or UCC-3 statement, perfecting PURCHASER’s interest in the Additional Collateral. Guarantor further acknowledges and agrees that, if Guarantor enters into future Agreements with PURCHASER, any security interest granted to PURCHASER under such future Agreements will relate back to this Agreement, and that the Guarantor’s payment and performance obligations, and the Additional Collateral granted, under such future Agreements, shall relate back to, be perfected under, and made a part of, any previously filed UCC-1 or UCC-3 statement, perfecting PURCHASER’s interesting the Additional Collateral. Each of Merchant and Guarantor each Guarantor agrees to execute any documents or take any action in connection with this Agreement as PURCHASER FUNDER deems necessary to perfect or maintain PURCHASER’s FUNDER's first priority security interest in the Collateral, the Additional Collateral and Additional the Cross-Collateral, including the execution of any account control agreements. Each of Merchant and Guarantor each Guarantor hereby authorizes PURCHASER FUNDER to file any financing statements deemed necessary by PURCHASER FUNDER to perfect or maintain PURCHASER’s FUNDER's security interest, which financing statements statement may contain notification that Merchant and each Guarantor have granted a negative pledge to PURCHASER FUNDER with respect to the Collateral, the Additional Collateral and Additional the Cross-Collateral, and that any subsequent lender lien or lienor may be tortiously tortuously interfering with PURCHASER’s FUNDER's rights. Merchant and each Guarantor shall be jointly and severally liable for and shall pay to PURCHASER upon demand FUNDER may charge and collect all costs and expenses, including but not limited to attorneys’ attorney's fees, which may be incurred by PURCHASER FUNDER in protecting, preserving and enforcing PURCHASER’s FUNDER's security interest and rights.

Appears in 1 contract

Samples: Security Agreement (Activecare, Inc.)

Cross-Collateral. To secure the payment and performance Owner’s delivery obligations to PURCHASER (and the PURCHASERs) Purchaser under this Merchant Security Agreement and Guaranty (this the “Agreement”), Merchant and each Guarantor Owner hereby grants PURCHASER, for itself and its participants, Purchaser a security interest in the collateral set forth in the Addendum to the Security Agreement and Guarantee now or hereafter owned by Owner as well as all proceeds (the “Additional Collateral”). Each Guarantor agrees and acknowledges Owner understands that PURCHASER Purchaser will have a security interest in the aforesaid Additional Collateral upon execution of this Agreement. Guarantor acknowledges Merchant and agrees Owner each acknowledge and agree that any security interest granted to PURCHASER Purchaser under any other agreement between Guarantor Merchant or Owner and PURCHASER Purchaser (the “Cross-Collateral”) will secure the obligations hereunder, hereunder and that under the Guarantor’s payment and performance obligations under this Merchant Agreement, and the Additional Collateral granted hereunder, shall be perfected under any previously filed UCC-1 or UCC-3 statement, perfecting PURCHASER’s interest in the Additional Collateral. Guarantor further acknowledges and agrees that, if Guarantor enters into future Agreements with PURCHASER, any security interest granted to PURCHASER under such future Agreements will relate back to this Agreement, and that the Guarantor’s payment and performance obligations, and the Additional Collateral granted, under such future Agreements, shall relate back to, be perfected under, and made a part of, any previously filed UCC-1 or UCC-3 statement, perfecting PURCHASER’s interesting the Additional Collateral. Each of Merchant and Owner each Guarantor agrees to execute any documents or take any action in connection with this Agreement as PURCHASER Purchaser deems necessary to perfect or maintain PURCHASERPurchaser’s first priority security interest in the Collateral, the Additional Collateral and Additional the Cross-Collateral, including the execution of any account control agreements. Each of Merchant and Owner each Guarantor hereby authorizes PURCHASER Purchaser to file any an financing statements deemed necessary by PURCHASER Purchaser to perfect or maintain PURCHASERPurchaser’s security interest, which financing statements statement may contain notification that Merchant and each Guarantor Owner have granted a negative pledge to PURCHASER Purchaser with respect to the Collateral, the Additional Collateral and Additional the Cross-Collateral, and that any subsequent lender lien or lienor may be tortiously interfering with PURCHASERPurchaser’s rights. Merchant and each Guarantor Owner shall be jointly and severally liable for and shall pay to PURCHASER upon demand Purchaser may charge and collect all costs and expenses, including but not limited to attorneys’ attorney’s fees, which may be incurred by PURCHASER Purchaser in protecting, preserving and enforcing PURCHASERPurchaser’s security interest and rights.

Appears in 1 contract

Samples: Merchant Agreement (Clearday, Inc.)

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Cross-Collateral. To secure Seller’s delivery of the payment Receipts purchased and performance other obligations to PURCHASER (and Purchaser under the PURCHASERs) under this Merchant Security Agreement and Guaranty (this “Purchase Agreement”), Merchant Seller and each Guarantor hereby grants PURCHASER, for itself and its participants, Purchaser a security interest in the collateral set forth all assets and equity interests in the Addendum to the Security Agreement and Guarantee following collateral: China Infrastructure Construction Corp, PRECISION RESEARCH INSTITUTE, LLC (the “Additional Collateral”). Each Seller and each Guarantor agrees and acknowledges understands that PURCHASER Purchaser will have a security interest in the aforesaid Additional Collateral upon execution of this Security Agreement. Each of Seller and each Guarantor acknowledges and agrees that any security interest granted to PURCHASER Purchaser under any other agreement between Seller and/or Guarantor and PURCHASER Purchaser will secure the obligations hereunder, and that the Seller and/or Guarantor’s payment and performance obligations under the Purchase Agreement, and secured by this Security Agreement, and the Collateral and Additional Collateral granted hereunder, shall be perfected under any previously filed UCC-1 or UCC-3 statement, perfecting PURCHASERPurchaser’s interest in the Collateral and Additional Collateral. Each of Seller and each Guarantor further acknowledges and agrees that, if Seller and/or Guarantor enters enter into future Agreements agreements with PURCHASERPurchaser, any security interest granted to PURCHASER Purchaser under such future Agreements agreements will relate back to this Security Agreement, and that the Seller and/or Guarantor’s payment and performance obligations, and the Collateral and Additional Collateral granted, under any such future Agreementsagreements, shall relate back to, be perfected under, and made a part of, any previously filed UCC-1 or UCC-3 statement, perfecting PURCHASERPurchaser’s interesting interest in the Collateral and Additional Collateral. Each of Merchant Seller and each Guarantor agrees agree to execute any documents or take any action in connection with this Security Agreement as PURCHASER Purchaser deems necessary to carry out the purpose of such agreements including, without limitation, to perfect or maintain PURCHASERPurchaser’s first priority security interest in the Collateral and the Additional Collateral, including the execution of any account control agreements. Each of Merchant Seller and each Guarantor hereby authorizes PURCHASER Purchaser to file any financing statements deemed necessary by PURCHASER Purchaser to perfect or maintain PURCHASERPurchaser’s security interest, which financing statements statement may contain notification that Merchant Seller and each Guarantor have granted a negative pledge to PURCHASER Purchaser with respect to the Collateral and the Additional Collateral, and that any subsequent lender Purchaser or lienor may be tortiously interfering with PURCHASERPurchaser’s rights. Merchant Each Seller and each Guarantor shall be jointly and severally liable for and shall pay to PURCHASER Purchaser upon demand all costs and expenses, including but not limited to attorneys’ feesattorney’s fees and costs, which may be incurred by PURCHASER Purchaser in protecting, preserving and enforcing PURCHASERPurchaser’s security interest and rights.

Appears in 1 contract

Samples: Purchase Agreement (Cannabis Bioscience International Holdings, Inc.)

Cross-Collateral. To secure the Guarantor’s payment and performance obligations to PURCHASER (and the PURCHASERs) Lender under this Merchant Security Agreement and Guaranty (this the “Agreement”), Merchant and each Guarantor hereby grants PURCHASERLender, for itself and its participantsimmediately upon any Event of Default, a security interest in all future receivables, bank accounts, fixtures, real estate, chattel paper, documents, equipment, general intangibles, instruments, inventory wherever located, now or hereafter owned or acquired by the collateral set forth in the Addendum to the Security Agreement and Guarantee Borrower (the “Additional Collateral”). Each Borrower and Guarantor agrees each acknowledge and acknowledges that PURCHASER will have a security interest in the aforesaid Additional Collateral upon execution of this Agreement. Guarantor acknowledges and agrees agree that any security interest granted to PURCHASER Lender under any other agreement between Borrower or Guarantor and PURCHASER Lender (the “Cross-Collateral”) will secure the obligations hereunder, hereunder and that under the Guarantor’s payment Loan Agreement. Borrower and performance obligations under this Agreement, and the Additional Collateral granted hereunder, shall be perfected under any previously filed UCC-1 or UCC-3 statement, perfecting PURCHASER’s interest in the Additional Collateral. Guarantor further acknowledges and agrees that, if Guarantor enters into future Agreements with PURCHASER, any security interest granted to PURCHASER under such future Agreements will relate back to this Agreement, and that the Guarantor’s payment and performance obligations, and the Additional Collateral granted, under such future Agreements, shall relate back to, be perfected under, and made a part of, any previously filed UCC-1 or UCC-3 statement, perfecting PURCHASER’s interesting the Additional Collateral. Each of Merchant and each Guarantor agrees to execute any documents or take any action in connection with this Agreement as PURCHASER Lender deems necessary to perfect or maintain PURCHASERLender’s first priority security interest in the Collateral, the Additional Collateral and Additional the Cross-Collateral, including the execution of any account control agreements. Each of Merchant Borrower and Guarantor each Guarantor hereby authorizes PURCHASER Lender to file any financing statements deemed necessary by PURCHASER Lender to perfect or maintain PURCHASERLender’s security interest, which financing statements statement may contain notification that Merchant Borrower and each Guarantor have granted a negative pledge to PURCHASER Lender with respect to the Collateral, the Additional Collateral and Additional the Cross- Collateral, and that any subsequent lender or lienor may be tortiously interfering with PURCHASERLender’s rights. Merchant Borrower and each Guarantor shall be jointly and severally liable for and shall pay to PURCHASER upon demand Lender may charge and collect all costs and expenses, including but not limited to attorneys’ attorney’s fees, which may be incurred by PURCHASER Lender in protecting, preserving and enforcing PURCHASERLender’s security interest and rights.

Appears in 1 contract

Samples: Lendistry, LLC Loan Agreement (VPR Brands, LP.)

Cross-Collateral. To secure the Guarantor's payment and performance obligations to PURCHASER (and the PURCHASERs) under this Merchant Security Agreement and Guaranty (this “the "Agreement"), Merchant and each Guarantor hereby grants PURCHASER, for itself and its participants, PURCHASER a security interest in the collateral set forth in the Addendum to the Security Agreement and Guarantee __ (the "Additional Collateral"). Each Guarantor agrees and acknowledges understands that PURCHASER will have a security interest in the aforesaid Additional Collateral upon execution of this Agreement. SELLER/MERCHANT and Guarantor acknowledges each acknowledge and agrees agree that any security interest granted to PURCHASER under any other agreement between SELLER/MERCHANT or Guarantor and PURCHASER (the "Cross-Collateral") will secure the obligations hereunder, hereunder and that under the Guarantor’s payment FACTORING Agreement. SELLER/MERCHANT and performance obligations under this Agreement, and the Additional Collateral granted hereunder, shall be perfected under any previously filed UCC-1 or UCC-3 statement, perfecting PURCHASER’s interest in the Additional Collateral. Guarantor further acknowledges and agrees that, if Guarantor enters into future Agreements with PURCHASER, any security interest granted to PURCHASER under such future Agreements will relate back to this Agreement, and that the Guarantor’s payment and performance obligations, and the Additional Collateral granted, under such future Agreements, shall relate back to, be perfected under, and made a part of, any previously filed UCC-1 or UCC-3 statement, perfecting PURCHASER’s interesting the Additional Collateral. Each of Merchant and each Guarantor agrees to execute any documents or take any action in connection with this Agreement as PURCHASER deems necessary to perfect or maintain PURCHASER’s 'S first priority security interest in the Collateral, the Additional Collateral and Additional the Cross-Collateral, including the execution of any account control agreements. Each of Merchant SELLER/MERCHANT and Guarantor each Guarantor hereby authorizes PURCHASER to file any financing statements deemed necessary by PURCHASER to perfect or maintain PURCHASER’s 's security interest, which financing statements statement may contain notification that Merchant SELLER/MERCHANT and each Guarantor have granted a negative pledge to PURCHASER with respect to the Collateral, the Additional Collateral and Additional the Cross-Collateral, and that any subsequent lender lien or lienor may be tortiously tortuously interfering with PURCHASER’s 's rights. Merchant SELLER/MERCHANT and each Guarantor shall be jointly and severally liable for and shall pay to PURCHASER upon demand may charge and collect all costs and expenses, including but not limited to attorneys’ attorney's fees, which may be incurred by PURCHASER in protecting, preserving and enforcing PURCHASER’s 'S security interest and rights. Negative Pledge. SELLER/MERCHANT and Guarantor each agrees not to create, incur, assume, or permit to exist, directly or indirectly, any lien on or with respect to any of the Collateral, the Additional Collateral or the Cross-Collateral, as applicable.

Appears in 1 contract

Samples: Factoring Agreement (Activecare, Inc.)

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