Defaults, etc. Each Pledgor hereby represents and warrants that (i) such Pledgor is not in default in the payment of any portion of any mandatory capital contribution, if any, required to be made under any agreement to which such Pledgor is a party relating to the Pledged Securities pledged by it, (ii) no Securities Collateral pledged by such Pledgor is subject to any defense, offset or counterclaim, nor have any of the foregoing been asserted or alleged against such Pledgor by any person with respect thereto, and (iii) as of the date hereof, there are no certificates, instruments, documents or other writings (other than the organization documents that have been delivered to the Administrative Agent and certificates representing such Pledged Securities that have been delivered to the Administrative Agent) which evidence any Pledged Securities of such Pledgor.
Appears in 4 contracts
Samples: First Lien Security Agreement, Security Agreement (Fiesta Restaurant Group, Inc.), First Lien Security Agreement (Carrols Restaurant Group, Inc.)
Defaults, etc. Each Pledgor hereby represents and warrants that (i) such Pledgor is not in default in the payment violation of any portion provisions of any mandatory capital contribution, if any, required to be made under any agreement to which such Pledgor is a party relating to the Pledged Securities pledged by it, or otherwise in default or violation thereunder which could reasonably be expected to have a Material Adverse Effect, (ii) no Securities Collateral pledged by such Pledgor is subject to any defense, offset or counterclaim, nor have any of the foregoing been asserted or alleged against such Pledgor by any person with respect thereto, and (iii) as of the date hereof, there are no certificates, instruments, documents or other writings (other than the organization documents that have been delivered to the Administrative Agent Organization Documents and certificates representing such Pledged Securities that have been delivered to the Administrative Agent) which evidence any Pledged Securities of such Pledgor.
Appears in 2 contracts
Samples: Security Agreement (Wendy's/Arby's Group, Inc.), Security Agreement (Wendy's/Arby's Restaurants, LLC)
Defaults, etc. Each Pledgor hereby represents and warrants that (i) such Pledgor is not in default in the payment of any portion of any mandatory capital contribution, if any, required to be made under any agreement to which such Pledgor is a party relating to the Pledged Securities pledged by it, (ii) no Securities Collateral pledged by such Pledgor is subject to any defense, offset or counterclaim, nor have any of the foregoing been asserted or alleged against such Pledgor by any person with respect thereto, and (iii) as of the date hereofClosing Date, there are no certificates, instruments, documents or other writings (other than the organization documents that have been delivered to the Administrative Agent and certificates representing such Pledged Securities that have been delivered to the Administrative Agent) which evidence any Pledged Securities of such Pledgor.
Appears in 2 contracts
Samples: Security Agreement (Carrols Restaurant Group, Inc.), Security Agreement
Defaults, etc. Each Pledgor hereby represents and warrants that (i) such Pledgor is not in default in the payment of any portion of any mandatory capital contribution, if any, required to be made under any agreement to which such Pledgor is a party relating to the Pledged Securities pledged by itit , (ii) no Securities Collateral pledged by such Pledgor is subject to any defense, offset or counterclaim, nor have any of the foregoing been asserted or alleged against such Pledgor by any person with respect thereto, and (iii) as of the date hereof, there are no certificates, instruments, documents or other writings (other than the organization documents Organization Documents that have been delivered to the Administrative First Lien Agent and certificates representing such Pledged Securities that have been delivered to the Administrative Collateral Agent) which evidence any Pledged Securities of such Pledgor.
Appears in 2 contracts
Samples: Second Lien Security Agreement (Carrols Restaurant Group, Inc.), Second Lien Security Agreement (Carrols Restaurant Group, Inc.)
Defaults, etc. Each Pledgor hereby represents and warrants that (i) such Pledgor is not in default in the payment violation of any portion provisions of any mandatory capital contribution, if any, required to be made under any agreement to which such Pledgor is a party relating to the Pledged Securities pledged by it, or otherwise in default or violation thereunder which could reasonably be expected to have a Material Adverse Effect, (ii) as of the Original Closing Date, no Securities Collateral pledged by such Pledgor is subject to any defense, offset or counterclaim, nor have any of the foregoing been asserted or alleged against such Pledgor by any person with respect thereto, and (iii) as of the date hereofOriginal Closing Date, there are no certificates, instruments, documents or other writings (other than the organization documents that have been delivered to the Administrative Agent Organization Documents and certificates representing such Pledged Securities that have been delivered to the Administrative Agent) which evidence any Pledged Securities of such Pledgor.
Appears in 1 contract
Samples: Control Agreement (Wendy's Co)
Defaults, etc. Each Pledgor hereby represents and warrants that (i) such Pledgor is not in default in the payment of any portion of any mandatory capital contribution, if any, required to be made under any agreement to which such Pledgor is a party relating to the Pledged Securities pledged by it, (ii) no Securities Collateral pledged by such Pledgor is subject to any defense, offset or counterclaim, nor have any of the foregoing been asserted or alleged against such Pledgor by any person with respect thereto, and (iii) as of the date hereof, there are no certificates, instruments, documents or other writings (other than the organization documents that have been delivered to the Administrative Agent Organizational Documents and certificates representing such Pledged Securities that have been delivered to the Administrative Collateral Agent) which evidence any Pledged Securities of such Pledgor.
Appears in 1 contract
Samples: Security Agreement (Schulman a Inc)
Defaults, etc. Each Pledgor hereby represents and warrants that (i) such Pledgor is not in default in the payment violation of any portion provisions of any mandatory capital contribution, if any, required to be made under any agreement to which such Pledgor is a party relating to the Pledged Securities pledged by it, or otherwise in default or violation thereunder which could reasonably be expected to have a Material Adverse Effect, (ii) as of the date hereof, no Securities Collateral pledged by such Pledgor is subject to any defense, offset or counterclaim, nor have any of the foregoing been asserted or alleged against such Pledgor by any person with respect thereto, and (iii) as of the date hereof, there are no certificates, instruments, documents or other writings (other than the organization documents that have been delivered to the Administrative Agent Organization Documents and certificates representing such Pledged Securities that have been delivered to the Administrative Agent) which evidence any Pledged Securities of such Pledgor.
Appears in 1 contract
Defaults, etc. Each Pledgor hereby represents and warrants that (ia) such Pledgor is not in default in the payment of any portion of any mandatory capital contribution, if any, required to be made under any agreement to which such Pledgor is a party party, relating to the Pledged Securities pledged by it, that could reasonably be expected to result in a Material Adverse Effect, and (iib) no Securities Collateral pledged by such Pledgor is subject to any defense, offset or counterclaim, nor have any of the foregoing been asserted or alleged against such Pledgor by any person with respect thereto, and (iii) as of the date hereof, there are no certificates, instruments, documents or other writings (other than the organization documents that have been delivered to the Administrative Agent Organizational Documents and certificates certificate representing such Pledged Securities that have been delivered to the Administrative Collateral Agent) which that evidence any Pledged Securities of such Pledgor.
Appears in 1 contract
Defaults, etc. Each Pledgor hereby represents and warrants that (i) such Pledgor is not in default in the payment of any portion of any mandatory capital contribution, if any, required to be made under any agreement to which such Pledgor is a party relating to the Pledged Securities pledged by itit , (ii) no Securities Collateral pledged by such Pledgor is subject to any defense, offset or counterclaim, nor have any of the foregoing been asserted or alleged against such Pledgor by any person with respect thereto, and (iii) as of the date hereof, there are no certificates, instruments, documents or other writings (other than the organization documents Organization Documents that have been delivered to the Administrative First Lien Agent and certificates representing such Pledged Securities that have been delivered to the Administrative First Lien Agent on behalf of the Collateral Agent) which evidence any Pledged Securities of such Pledgor.
Appears in 1 contract
Samples: Security Agreement (Carrols Restaurant Group, Inc.)