Common use of Delivery of Instruments, Documents, Etc Clause in Contracts

Delivery of Instruments, Documents, Etc. Each Debtor shall deliver and pledge to the Secured Party or its Representative any and all Instruments, negotiable Documents, Chattel Paper and certificated securities (accompanied by stock powers executed in blank) duly endorsed and/or accompanied by such instruments of assignment and transfer executed by such Debtor in such form and substance as the Secured Party or its Representative may request; provided , that so long as no Event of Default shall have occurred and be continuing, each Debtor may retain for collection in the ordinary course of business any Instruments, negotiable Documents and Chattel Paper received by such Debtor in the Ordinary Course of Business, and the Secured Party or its Representative shall, promptly upon request of a Debtor, make appropriate arrangements for making any other Instruments, negotiable Documents and Chattel Paper pledged by such Debtor available to such Debtor for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate by the Secured Party or its Representative, against trust receipt or like document). If a Debtor retains possession of any Chattel Paper, negotiable Documents or Instruments pursuant to the terms hereof, such Chattel Paper, negotiable Documents and Instruments shall be marked with the following legend: “This writing and the obligations evidenced or secured hereby are subject to the security interest and Lien of Antares Capital Corporation, as secured party, for the benefit of itself and certain Lenders.”

Delivery of Instruments, Documents, Etc. Each Debtor Grantor shall deliver and pledge to the Secured Party Collateral Agent or its Representative any and all Instruments, negotiable Documents, Chattel Paper and certificated securities (accompanied by undated stock powers executed in blank) duly endorsed and/or accompanied by such instruments of assignment and transfer executed by such Debtor Grantor in such form and substance as the Secured Party Administrative Agent or its Representative may request; provided provided, that so long as no Event of Default shall have occurred and be continuing, each Debtor such Grantor may retain for collection in the ordinary course of business any Instruments, negotiable Documents and Chattel Paper received by such Debtor Grantor in the Ordinary Course ordinary course of Businessbusiness, and the Secured Party Collateral Agent or its Representative shall, promptly upon request of a Debtorsuch Grantor, make appropriate arrangements for making any other Instruments, negotiable Documents and Chattel Paper pledged by such Debtor Grantor available to such Debtor Grantor for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate by the Secured Party Collateral Agent or its Representative, against trust receipt or like document). If a Debtor any Grantor retains possession of any Chattel Paper, negotiable Documents or Instruments pursuant to the terms hereof, such Chattel Paper, negotiable Documents and Instruments shall be marked with the following legend: “This writing and the obligations evidenced or secured hereby are subject to the security interest and Lien of Antares Capital CorporationJPMorgan Chase Bank, N.A., as secured partythe Collateral Agent, for the benefit of itself and certain Lendersother Secured Creditors.”” Without limiting the foregoing, each applicable Grantor shall promptly following its execution deliver and pledge to the Collateral Agent or its Representative the promissory note or notes described in clause (a)(ii) of the definition of “LuxCo Transaction” (as defined in the Credit Agreement) and any other promissory note or notes issued in connection with any LuxCo Transaction.

Delivery of Instruments, Documents, Etc. Each Debtor shall (subject to the rights of the Senior Lenders) deliver and pledge to the Secured Party or its Representative any and all Instruments, negotiable Documents, Chattel Paper and certificated securities Securities (accompanied by stock powers or assignments separate from certificate, as applicable, executed in blank) duly endorsed indorsed and/or accompanied by such instruments of assignment and transfer executed by such Debtor in such form and substance as the Secured Party or its Representative may request; provided provided, that so long as no Event of Default shall have occurred and be continuing, each Debtor may retain for collection in the ordinary course of business any Instruments, negotiable Documents and Chattel Paper received by such Debtor in the Ordinary Course ordinary course of Businessbusiness, and the Secured Party or its Representative shall, promptly upon request of a Debtor, make appropriate arrangements for making any other Instruments, negotiable Documents and Chattel Paper pledged by such Debtor available to such Debtor for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate by the Secured Party or its Representative, against trust receipt or like document). If a Debtor retains possession of any Chattel Paper, negotiable Documents or Instruments pursuant to the terms hereof, such Chattel Paper, negotiable Documents and Instruments shall be marked with the following legend: “This writing and the obligations evidenced or secured hereby are subject to the security interest and Lien of Antares Capital Corporation"THIS WRITING AND THE OBLIGATIONS EVIDENCED OR SECURED HEREBY ARE SUBJECT TO THE SECURITY INTEREST OF AMERICAN CAPITAL FINANCIAL SERVICES, as secured partyINC., for the benefit of itself and certain LendersAS AGENT FOR CERTAIN PURCHASERS.”"

Delivery of Instruments, Documents, Etc. Each Debtor shall deliver and pledge to the Secured Party or its Representative any and all Instruments, negotiable Documents, Chattel Paper and certificated securities (accompanied by stock powers executed in blank) duly endorsed and/or accompanied by such instruments of assignment and transfer executed by such Debtor in such form and substance as the Secured Party or its Representative may request; provided provided, that so long as no Event of Default or Triggering Event shall have occurred and be continuing, each Debtor may retain for collection in the ordinary course of business any Instruments, negotiable Documents and Documents, Chattel Paper and certificated securities received by such Debtor in the Ordinary Course ordinary course of Businessbusiness, and the Secured Party or its Representative shall, promptly upon request of a Debtor, make appropriate arrangements for making any other Instruments, negotiable Documents and Documents, Chattel Paper and certificated securities pledged by such Debtor available to such Debtor for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate by the Secured Party or its Representative, against trust receipt or like document). If a Debtor retains possession of any Instruments, negotiable Documents, Chattel Paper, negotiable Documents or Instruments certificated securities pursuant to the terms hereof, such Instruments, negotiable Documents, Chattel Paper, negotiable Documents and Instruments certificated securities shall be marked with the following legend: “This writing and the obligations evidenced or secured hereby are subject to the security interest and Lien of Antares Capital CorporationPromethean Asset Management L.L.C., in its capacity as collateral agent for the benefit of the Lenders, as secured party, for the benefit of itself and certain Lenders.”

Delivery of Instruments, Documents, Etc. Each Debtor Such Obligor shall deliver and pledge to the Secured Party or its Representative any and all Instruments, negotiable Documents, Chattel Paper and certificated securities (accompanied by stock powers executed in blank, which stock powers may be filled in and completed at any time upon the occurrence of any Event of Default (provided, that if an Event of Default is only an Attempted Attachment, such action may be taken only with respect to the Collateral which is the subject of such Attempted Attachment) duly endorsed and/or accompanied by such instruments of assignment and transfer executed by such Debtor Obligor in such form and substance as the Secured Party or its Representative may request; provided provided, that so long as no Event of Default shall have occurred and be continuing, each Debtor the Obligor may (or if an Event of Default that is only a XxXxxx Default shall have occurred and be continuing, only CTC and Cable may) retain for collection in the ordinary course of business any Instruments, negotiable Documents and Chattel Paper received by such Debtor Obligor in the Ordinary Course ordinary course of Businessbusiness, and the Secured Party or its Representative shall, promptly upon request of a Debtorthe Obligor, make appropriate arrangements for making any other Instruments, negotiable Documents and Chattel Paper pledged by such Debtor Obligor available to such Debtor the Obligor for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate by the Secured Party or its Representative, against trust receipt or like document). If a Debtor the Obligor retains possession of any Chattel Paper, negotiable Documents or Instruments pursuant to the terms hereof, such Chattel Paper, negotiable Documents and Instruments shall be marked with the following legend: “This writing and the obligations evidenced or secured hereby are subject to the security interest and Lien of Antares Capital Corporation, as secured party, for the benefit of itself and certain LendersSecured Party.”

Delivery of Instruments, Documents, Etc. Each Debtor Grantor shall deliver and pledge to the Secured Party or its Representative any and all Instruments, negotiable Documents, Documents and Chattel Paper evidencing amounts greater than $50,000 individually or in the aggregate for all such items, and certificated securities (accompanied by stock stock/membership interest powers executed in blank) , which stock/membership interest powers may be filled in and completed at any time upon and following the occurrence and during the continuation of any Event of Default duly endorsed and/or or accompanied by such instruments of assignment and transfer executed by such Debtor Grantor in such form and substance as the Secured Party or its Representative (at the direction of the Required Lenders) may request; provided provided, that so long as no Event of Default shall have occurred and be continuing, each Debtor Grantor may retain for collection in the ordinary course of business any Instruments, negotiable Documents and Chattel Paper received by such Debtor Grantor in the Ordinary Course ordinary course of Businessbusiness, and the Secured Party or its Representative shall, promptly upon request of a DebtorGrantor, make appropriate arrangements for making any other Instruments, negotiable Documents and Chattel Paper pledged by such Debtor Grantor available to such Debtor Grantor for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate by the Secured Party or its RepresentativeRepresentative (at the direction of the Required Lenders), against a trust receipt or like document). If a Debtor Grantor retains possession of any Chattel Paper, negotiable Documents or Instruments evidencing amounts greater than $50,000 individually or in the aggregate for all such items pursuant to the terms hereof, such Chattel Paper, negotiable Documents and Instruments shall be marked with the following legend: “This writing and the obligations evidenced or secured hereby are subject to the security interest and Lien of Antares Capital CorporationWilmington Trust, National Association, in its capacity as agent for one or more creditors, as secured party, for the benefit of itself and certain LendersSecured Party.”

Delivery of Instruments, Documents, Etc. Each Debtor shall deliver and pledge to the Secured Party Collateral Agent or its Representative any and all Instruments, negotiable Documents, Chattel Paper and certificated securities (accompanied by stock powers executed in blank, which stock powers may be filled in and completed at any time upon the occurrence of any Event of Default) duly endorsed and/or accompanied by such instruments of assignment and transfer executed by such Debtor in such form and substance as the Secured Party Collateral Agent or its Representative may request; provided provided, that so long as no Event of Default shall have occurred and be continuing, each Debtor may retain for collection in the ordinary course of business any Instruments, negotiable Documents and Chattel Paper received by such Debtor in the Ordinary Course ordinary course of Businessbusiness, and the Secured Party Collateral Agent or its Representative shall, promptly upon request of a Debtor, make appropriate arrangements for making any other Instruments, negotiable Documents and Chattel Paper pledged by such Debtor available to such Debtor for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate by the Secured Party Collateral Agent or its Representative, against a trust receipt or like document). If a Debtor retains possession of any Chattel Paper, negotiable Documents or Instruments pursuant to the terms hereof, such Chattel Paper, negotiable Documents and Instruments shall be marked with the following legend: “This writing and the obligations evidenced or secured hereby are subject to the security interest and Lien of Antares Capital Corporation__________., in its capacity as secured party, Collateral Agent for the benefit of itself the Secured Parties.” Within 20 days following the initial First Tranche Closing Date, the Collateral Agent shall have received a DACA in form and certain Lenderssubstance reasonably satisfactory to it with respect to the Debtor’s DACA Account as provided in the Purchase Agreement. The DACA shall provide that the cash deposited shall remain as restricted cash except as otherwise expressly provided in the Transaction Documents.”

Delivery of Instruments, Documents, Etc. Each Debtor Grantor shall deliver and pledge to the Secured Party Collateral Agent or its Representative any and all (to the extent constituting Collateral) Instruments, negotiable Documents, Chattel Paper and certificated securities (accompanied by undated stock powers executed in blank) duly endorsed and/or accompanied by such instruments of assignment and transfer executed by such Debtor Grantor in such form and substance as the Secured Party Collateral Agent or its Representative may request; provided provided, that so long as no Event of Default shall have occurred and be continuing, each Debtor such Grantor may retain for collection in the ordinary course of business any Instruments, negotiable Documents and Chattel Paper received by such Debtor Grantor in the Ordinary Course ordinary course of Businessbusiness, and the Secured Party Collateral Agent or its Representative shall, promptly upon request of a Debtorsuch Grantor, make appropriate arrangements for making any other Instruments, negotiable Documents and Chattel Paper pledged by such Debtor Grantor available to such Debtor Grantor for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate by the Secured Party Collateral Agent or its Representative, against trust receipt or like document). If a Debtor pursuant to the terms hereof any Grantor retains possession of any Chattel Paper, negotiable Documents or Instruments pursuant to the terms hereof, such Chattel Paper, negotiable Documents and Instruments shall be marked with the following legend: “This writing and the obligations evidenced or secured hereby are subject to the security interest and Lien of Antares Capital CorporationJPMorgan Chase Bank, N.A., as secured partythe Collateral Agent, for the benefit of itself and certain Lendersother Secured Parties.”