Common use of Cross-Collateralization and Cross-Default Clause in Contracts

Cross-Collateralization and Cross-Default. Borrowers and Xxxxxx contemplate that Borrowers and Lender have engaged or may, from time to time engage, in various loan transactions and that from time to time other circumstances may arise, in which Borrowers become obligated to Lender, including transactions of a type that are very different from the transactions evidenced by the Loan Documents, including by notes, advances, overdrafts, bookkeeping entries, guaranty agreements, deeds of trust, or any other method or means (each a “Loan Obligation”). Unless otherwise agreed in writing, Xxxxxxxxx and Xxxxxx agree that all such transactions will be secured by the Collateral, and that the Indebtedness arising under this Agreement and the other Loan Documents will be secured by any collateral granted in connection with such Loan Obligation. Repayment of all Indebtedness and performance of all other obligations under this Agreement by Borrowers shall not terminate Xxxxxx’s security interests in the Collateral, unless Xxxxxx executes a written release, except as provided under applicable law. Unless otherwise agreed in writing, if any default occurs under any Loan Obligation, then Lender may declare an Event of Default and an Event of Default shall be a default under such Loan Obligation. Lender’s failure to exercise cross-defaults shall not constitute a waiver by Lender of such right. Borrowers and Lender agree that, so long as any Term Loan Debt is outstanding, any Loan Obligation secured by the Collateral shall be subject to the Intercreditor Agreement. LOAN AND SECURITY AGREEMENT – PAGE 29 THERMO COMMUNICATIONS FUNDING, LLC – Verve Cloud, Inc.

Appears in 1 contract

Samples: Loan and Security Agreement (Digerati Technologies, Inc.)

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Cross-Collateralization and Cross-Default. Borrowers Debtor and Xxxxxx Lxxxxx contemplate that Borrowers Debtor and Lender have engaged or may, from time to time engage, in various loan transactions and that from time to time other circumstances may arise, in which Borrowers become Debtor becomes obligated to Lender, including transactions of a type that are very different from the transactions evidenced by the Loan Documents, including by notes, advances, overdrafts, bookkeeping entries, guaranty agreements, deeds of trust, or any other method or means (each a “Loan Obligation”). Unless otherwise agreed in writing, Xxxxxxxxx Dxxxxx and Xxxxxx Lxxxxx agree that all such transactions will be secured by the Collateral, and that the Indebtedness arising under this Agreement and the other Loan Documents will be secured by any collateral granted in connection with such Loan Obligation. Repayment of all Indebtedness and performance of all other obligations under this Agreement by Borrowers Debtor shall not terminate XxxxxxLxxxxx’s security interests in the Collateral, unless Xxxxxx Lxxxxx executes a written release, except as provided under applicable law. Unless otherwise agreed in writing, if any default occurs under any Loan Obligation, then Lender may declare an Event of Default and an Event of Default shall be a default under such Loan Obligation. Lender’s failure to exercise cross-defaults shall not constitute a waiver by Lender of such right. Borrowers and Lender agree that, so long as any Term Loan Debt is outstanding, any Loan Obligation secured by the Collateral shall be subject to the Intercreditor Agreement. LOAN AND SECURITY AGREEMENT – PAGE 29 27 THERMO COMMUNICATIONS FUNDING, LLC – Verve CloudAmericrew, Inc.

Appears in 1 contract

Samples: Loan and Security Agreement (AmeriCrew Inc.)

Cross-Collateralization and Cross-Default. Borrowers This Agreement, the Collateral, and Xxxxxx the Indebtedness are cross-collateralized and cross-defaulted with (i) the LE Loan Agreement, the obligations thereunder, and the collateral securing such obligations, and (ii) the Existing Loan Agreement, the obligations thereunder, and the collateral securing such obligations. Without limiting the foregoing, Debtor (and LE, by its signature below) and Lender contemplate that Borrowers Debtor and/or LE and Lender have engaged or may, from time to time engage, in various loan transactions and that from time to time other circumstances may arise, in which Borrowers become Debtor and/or LE becomes obligated to Lender, including transactions of a type that are very different from the transactions evidenced by the Loan Documents, including by notes, advances, overdrafts, bookkeeping entries, guaranty agreements, deeds of trust, or any other method or means (each a “Loan Obligation”). Unless otherwise agreed in writingDebtor (and LE, Xxxxxxxxx by its signature below) and Xxxxxx Lender agree that all such transactions will be secured by the Collateral, and that the Indebtedness arising under this Agreement and the other Loan Documents will be secured by any collateral granted in connection with such Loan Obligation. Repayment of all Indebtedness and performance of all other obligations under this Agreement by Borrowers Debtor and/or LE shall not terminate XxxxxxLender’s security interests in the Collateral, unless Xxxxxx Lender executes a written release, except as provided under applicable law. Unless otherwise agreed in writing, if If any default occurs under any Loan Obligation, then Lender may declare an Event of Default and an Default. An Event of Default shall be a default under such Loan Obligation. Lender’s failure to exercise cross-defaults shall not constitute a waiver by Lender of such right. Borrowers and Lender agree that, so long as any Term Loan Debt is outstanding, any Loan Obligation secured by the Collateral shall be subject to the Intercreditor Agreement. LOAN AND SECURITY AGREEMENT – PAGE 29 THERMO COMMUNICATIONS FUNDING, LLC – Verve Cloud, Inc..

Appears in 1 contract

Samples: Loan and Security Agreement (Blue Dolphin Energy Co)

Cross-Collateralization and Cross-Default. Borrowers Debtor and Xxxxxx Lender contemplate that Borrowers Debtor and Lender have engaged or may, from time to time engage, in various loan transactions and that from time to time other circumstances may arise, in which Borrowers become Debtor becomes obligated to Lender, including transactions of a type that are very different from the transactions evidenced by the Loan Documents, including by notes, advances, overdrafts, bookkeeping entries, guaranty agreements, deeds of trust, or any other method or means (each a “Loan Obligation”). Unless otherwise agreed in writing, Xxxxxxxxx Debtor and Xxxxxx Lender agree that all such transactions will be secured by the Collateral, and that the Indebtedness arising under this Agreement and the other Loan Documents will be secured by any collateral granted in connection with such Loan Obligation. Repayment of all Indebtedness and performance of all other obligations under this Agreement by Borrowers Debtor shall not terminate XxxxxxLender’s security interests in the Collateral, unless Xxxxxx Lender executes a written release, except as provided under applicable law. Unless otherwise agreed in writing, if any default occurs under any Loan Obligation, then Lender may declare an Event of Default and an Event of Default shall be a default under such Loan Obligation. Lender’s failure to exercise cross-defaults shall not constitute a waiver by Lender of such right. Borrowers and Lender agree that, so long as any Term Loan Debt is outstanding, any Loan Obligation secured by the Collateral shall be subject to the Intercreditor Agreement. LOAN AND SECURITY AGREEMENT – PAGE 29 THERMO COMMUNICATIONS FUNDING, LLC – Verve Cloud, Inc..

Appears in 1 contract

Samples: Loan and Security Agreement (H/Cell Energy Corp)

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Cross-Collateralization and Cross-Default. Borrowers This Agreement, the Collateral and Xxxxxx the Obligations are cross-collateralized and cross-defaulted with (a) the LE Loan Agreement, (b) the “Obligations” thereunder, (c) the collateral securing such obligations, (d) the obligations thereunder, and (e) the collateral securing such obligations. Without limiting the foregoing, Borrower (and Lazarus Energy, by its signature below) and Lender contemplate and agree that Borrowers Borrower and/or Lazarus Energy and Lender have engaged or may, may from time to time engage, engage in various loan and financing transactions and that from time to time other circumstances may arise, arise in which Borrowers become Borrower and/or Lazarus Energy becomes obligated to Lender, including under the LE Loan Agreement and under transactions of a type that are very different from the transactions evidenced by the Loan Documents, including by notes, advances, overdrafts, bookkeeping entries, guaranty agreements, deeds of trust, or any other method or means (each a “Loan Obligation”). Unless otherwise agreed in writingBorrower (and Lazarus Energy, Xxxxxxxxx by its signature below) and Xxxxxx Lender agree that all such transactions will be secured by the Collateral, and that the Indebtedness Obligations arising under this Agreement and the other Loan Documents will be secured by any collateral granted in connection with such Loan Obligation. Repayment of all Indebtedness Obligations and performance of all other obligations under this Agreement by Borrowers Borrower and/or Lazarus Energy shall not terminate XxxxxxLender’s security interests interest in the Collateral, unless Xxxxxx Lender executes a written release, except as provided under applicable law. Unless otherwise agreed in writing, if If any default occurs under any Loan Obligation, then Lender may declare an Event of Default and an Default. An Event of Default shall be a default under any such Loan Obligation. Lender’s failure to exercise cross-defaults shall not constitute a waiver by Lender of such right. Borrowers and Lender agree that, so long as any Term Loan Debt is outstanding, any Loan Obligation secured by the Collateral shall be subject to the Intercreditor Agreement. LOAN AND SECURITY AGREEMENT – PAGE 29 THERMO COMMUNICATIONS FUNDING, LLC – Verve Cloud, Inc..

Appears in 1 contract

Samples: Loan Agreement (Blue Dolphin Energy Co)

Cross-Collateralization and Cross-Default. Borrowers This Agreement, the Collateral and Xxxxxx the Obligations are cross-collateralized and cross-defaulted with (a) LRM Loan Agreement, (b) the “Obligations” thereunder, (c) the collateral securing such obligations, (d) the obligations thereunder, and (e) the collateral securing such obligations. Without limiting the foregoing, Borrower (and LRM, by its signature below) and Lender contemplate and agree that Borrowers Borrower and/or LRM and Lender have engaged or may, may from time to time engage, engage in various loan and financing transactions and that from time to time other circumstances may arise, arise in which Borrowers become Borrower and/or LRM becomes obligated to Lender, including under the LRM Loan Agreement and including transactions of a type that are very different from the transactions evidenced by the Loan Documents, including by notes, advances, overdrafts, bookkeeping entries, guaranty agreements, deeds of trust, or any other method or means (each a “Loan Obligation”). Unless otherwise agreed in writingBorrower (and LRM, Xxxxxxxxx by its signature below) and Xxxxxx Lender agree that all such transactions will be secured by the Collateral, and that the Indebtedness Obligations arising under this Agreement and the other Loan Documents will be secured by any collateral granted in connection with such Loan Obligation. Repayment of all Indebtedness Obligations and performance of all other obligations under this Agreement by Borrowers Borrower and/or Lazarus Energy shall not terminate XxxxxxLender’s security interests interest in the Collateral, unless Xxxxxx Lender executes a written release, except as provided under applicable law. Unless otherwise agreed in writing, if If any default occurs under any Loan Obligation, then Lender may declare an Event of Default and an Default. An Event of Default shall be a default under any such Loan Obligation. Lender’s failure to exercise cross-defaults shall not constitute a waiver by Lender of such right. Borrowers and Lender agree that, so long as any Term Loan Debt is outstanding, any Loan Obligation secured by the Collateral shall be subject to the Intercreditor Agreement. LOAN AND SECURITY AGREEMENT – PAGE 29 THERMO COMMUNICATIONS FUNDING, LLC – Verve Cloud, Inc..

Appears in 1 contract

Samples: Loan Agreement and Loan Documents (Blue Dolphin Energy Co)

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