Description of Pledged Collateral. (a) The Pledged Collateral is described as follows and on any separate schedules at any time furnished by Pledgor to Secured Party (which schedules are hereby deemed part of this Agreement): (i) all right, title and interest of Pledgor as a holder (whether now or in the future) in (x) shares or other equity interests in any corporations, limited liability companies or other entities (including, without limitation, those entities described on Schedule 1) organized under the laws of the United States of America or of any State thereof, or any warrants to purchase or depositary shares or other rights in respect of any such interests, and (y) all shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the same; (ii) all right, title and interest of Pledgor in and to all present and future payments, proceeds, dividends, distributions, instruments, compensation, property, assets, interests and rights in connection with or related to the collateral listed in clause (i) above, and all monies due or to become due and payable to Pledgor in connection with or related to such collateral or otherwise paid, issued or distributed from time to time in respect of or in exchange therefor, and any certificate, instrument or other document evidencing or representing the same (including, without limitation, all proceeds of dissolution or liquidation); (iii) all security entitlements in any and all of the foregoing; and (iv) all proceeds of any and all of the foregoing, of every kind, and all proceeds of such proceeds. (b) The shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the foregoing shall be collectively referred to herein as the "PLEDGED SECURITIES". (c) As of the date of this Agreement, the Pledged Collateral constitutes all of the equity interests of Pledgor in the entities set out on Schedule 1.
Appears in 12 contracts
Samples: Stock Pledge Agreement (Marconi Corp PLC), Stock Pledge Agreement (Marconi Corp PLC), Stock Pledge Agreement (Marconi Corp PLC)
Description of Pledged Collateral. (a) The Pledged Collateral is described as follows and on any separate schedules at any time furnished by Pledgor to Secured Party Security Trustee (which schedules are hereby deemed part of this Pledge Agreement):
(i) all right, title and interest of Pledgor as a holder (whether now or in the future) in (x) shares or other equity interests in any corporations, limited liability companies or other entities (including, without limitation, those entities described on Schedule 1) organized under the laws of the United States of America or of any State thereof, or any warrants to purchase or depositary shares or other rights in respect of any such interestsPledgor Pledged Nasdaq Shares, and (y) all shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the samePledgor Pledged Nasdaq Shares (the “Pledged Nasdaq Certificates”);
(ii) all right, title and interest of Pledgor in and to all present and future payments, proceeds, dividends, distributions, instruments, compensation, property, assets, interests and rights in connection with distributions (including dividends and distributions upon liquidation or related to dissolution of the collateral listed in clause (i) above, issuer thereof and all other monies due or to become due and payable to Pledgor in connection with or related to such collateral or otherwise paid, issued or distributed from time to time in respect of or in exchange thereforfor such collateral) of cash or other property on or in respect of (but only on or in respect of) the collateral described in Clauses (i) and (ii) above, and any certificate, instrument or other document evidencing or representing the same (including, without limitation, all proceeds of dissolution any such payment or liquidation)distribution;
(iii) all security entitlements Investment Property of Pledgor in respect of any and all of the foregoingcollateral described in Clause (i) or (ii) above; and
(iv) all proceeds of any all collateral described in Clause (i), (ii) and all of the foregoing(iii) above, of every kind, and all proceeds of such proceeds.
(b) The shares of stock, Pledged Nasdaq Certificates and all certificates, certificated membership interests, instruments or other documents evidencing or representing the foregoing any collateral referred to in Clause (ii), (iii) or (iv) above shall be collectively referred to herein as the "PLEDGED SECURITIES"“Pledged Securities”.
(c) As of the date of this Agreement, the Pledged Collateral constitutes all of the equity interests of Pledgor in the entities set out on Schedule 1.
Appears in 1 contract
Samples: Pledge Agreement (Borse Dubai LTD)
Description of Pledged Collateral. (a) The Pledged Collateral is described with respect to each Pledgor as follows and on any of the separate schedules at any time furnished by such Pledgor or the Borrower to Secured Party the Lender (which schedules are hereby deemed part of this Pledge Agreement):
(ia) Such Pledgor's existing membership interest and all right, title and interest of such Pledgor as a holder (whether member and its entire economic interest, now existing or in the future) hereafter acquired, in (xi) shares or other equity interests in any corporations, limited liability companies or other entities (including, without limitation, those entities described on Schedule 1) organized under the laws of the United States of America or of any State thereof, or any warrants to purchase or depositary shares or other rights in respect of any such interestsBorrower, and (yii) all shares of stock, certificates, certificated membership interestsinstruments, instruments securities or other documents evidencing or representing the samesame (all of the foregoing being hereinafter collectively referred to as the "Pledged Equity Interests");
(iib) all All right, title and interest of such Pledgor in and to all present and future payments, proceeds, dividends, distributions, instruments, compensationcompensations, propertyproperties, assets, interests and rights in connection with or related relating to the collateral listed in clause (i) abovePledged Equity Interests, and all monies due or to become due and payable to the Pledgor in connection with or related relating to such collateral the Pledged Equity Interests or otherwise paid, issued or distributed from time to time in respect of thereof or in exchange therefor, all general intangibles, investment property, securities, instruments (as such terms are defined in the Uniform Commercial Code of the relevant jurisdiction (the "UCC")) constituting or relating to the Pledged Equity Interests, and any certificate, instrument or other document evidencing or representing the same (including, without limitation, all proceeds of dissolution or liquidation);
(iii) all security entitlements in any and all of the foregoing; and
(ivc) all All proceeds of every kind and nature, including proceeds of proceeds, of any and all of the foregoingPledged Equity Interests (including, without limitation, proceeds which constitute property of every kindthe type described above) and, to the extent not otherwise included, all money and all proceeds of such cash proceeds.
(b) The shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the foregoing shall be collectively referred to herein as the "PLEDGED SECURITIES".
(c) As of the date of this Agreement, the Pledged Collateral constitutes all of the equity interests of Pledgor in the entities set out on Schedule 1.
Appears in 1 contract
Description of Pledged Collateral. (ai) The Pledged Collateral is described as follows and on any separate schedules at any time furnished pursuant to this Pledge Agreement by Pledgor Pledgors to Secured Party (which schedules are hereby deemed part of this Pledge Agreement):
(i1) all right, title and interest of Pledgor Pledgors as a holder holders (whether now or in the future) in (x) shares or other equity interests in any corporations, limited liability companies or other entities limited partnerships (including, without limitation, those entities corporations limited liability companies and limited partnerships described on Schedule 1) organized under the laws of the United States of America or of any State thereof1 hereto), or any warrants to purchase or depositary shares or other rights in respect of any such interests, and (y) all shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the same;
(ii2) all right, title and interest of such Pledgor in and to all present and future payments, proceeds, dividends, distributions, instruments, compensation, property, assets, interests and rights in connection with or related to the collateral listed in clause (i) above, and all monies due or to become due and payable to such Pledgor in connection with or related to such collateral or otherwise paid, issued or distributed from time to time in respect of or in exchange therefor, and any certificate, instrument or other document evidencing or representing the same (including, without limitation, all proceeds of dissolution or liquidation);
(iii) all security entitlements in any and all of the foregoing; and
(iv3) all proceeds of any and all of the foregoing, of every kind, and all proceeds of such proceeds.
(bii) The shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the foregoing shall be collectively referred to herein as the "PLEDGED SECURITIES"“Pledged Securities”.
(c) As of the date of this Agreement, the Pledged Collateral constitutes all of the equity interests of Pledgor in the entities set out on Schedule 1.
Appears in 1 contract
Samples: Pledge Agreement (Golfsmith International Holdings Inc)
Description of Pledged Collateral. (a) The Pledged Collateral is described as follows and on any separate schedules at any time furnished by Pledgor to Secured Party Collateral Agent in connection herewith (which schedules are hereby deemed part of this Pledge Agreement):
(i) all right, title and interest of Pledgor as a holder (Pledgor, whether now existing or in the future) hereafter arising, in (xi) the American depository shares or other equity interests described in any corporationsSchedule 1 hereto and the underlying Common Shares in which such American depository shares represent an interest, limited liability companies or other entities (includingincluding in each case, without limitation, those entities described on Schedule 1) organized under the laws of the United States of America or of any State thereof, or any warrants to purchase or such depositary shares or and Common Shares and any other rights in respect of any such interestsdepository shares and Common Shares, and (yii) all shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the same;
(ii) all right, title and interest of Pledgor Pledgor, whether now existing or hereafter arising, in and to all present and future payments, proceeds, dividends, distributions, instruments, compensation, property, assets, interests and rights in connection with or related to the collateral listed in clause sub-section (i) aboveabove (including all rights arising under depositary or similar agreements), and all monies due or to become due and payable to Pledgor in connection with or related to such collateral or otherwise paid, issued or distributed from time to time in respect of or in exchange therefor, and any certificate, depositary receipt, instrument or other document evidencing or representing the same (including, without limitation, all proceeds of dissolution or liquidation);; and
(iii) all security entitlements in any and all of the foregoing; and
(iv) all proceeds of any and all of the foregoing, of every kind, and all proceeds of such proceeds.
(b) The certificates, instruments, depositary receipts, underlying shares of stock, certificates, certificated membership interests, instruments stock or other documents evidencing or representing the foregoing shall be collectively referred to herein as the "PLEDGED SECURITIES"“Pledged Securities.
(c) As of the date of this Agreement, the Pledged Collateral constitutes all of the equity interests of Pledgor in the entities set out on Schedule 1.”
Appears in 1 contract
Description of Pledged Collateral. (a) The Pledged Collateral is described as follows and on any separate schedules at any time furnished by Pledgor Pledgors to Secured Party Agent (which schedules are hereby deemed part of this Pledge Agreement):
(i) all right, title and interest of Pledgor Pledgors as a holder holders (whether now or in the future) in (x) shares or other equity interests in any corporations, limited liability companies or other entities (including, without limitation, those entities described on Schedule 1) limited partnerships organized under the laws of the United States of America or of any State thereof(including, without limitation, those corporations and limited liability companies described on Schedule 1 hereto), or any warrants to purchase or depositary shares or other rights in respect of any such interests, and (y) all shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the same;
(ii) all right, title and interest of Pledgors as holders (whether now or in the future) in (x) shares or other equity interests in any entity directly owned by any Pledgor that is organized under the laws of a jurisdiction outside the United States and described on Schedule 1 hereto which represent (x) 65% of the Voting Stock of such entity and (y) 100% of the Non-Voting Stock of such entity, or any warrants to purchase or depositary shares or other rights in respect of any such interests, and (y) all shares of stock, certificates, instruments or other documents evidencing or representing the same;
(iii) all right, title and interest of each of the Pledgors in and to all present and future payments, proceeds, dividends, distributions, instruments, compensation, property, assets, interests and rights in connection with or related to the collateral listed in clause clauses (i) and (ii) above, and all monies due or to become due and payable to Pledgor each of the Pledgors in connection with or related to such collateral or otherwise paid, issued or distributed from time to time in respect of or in exchange therefor, and any certificate, instrument or other document evidencing or representing the same (including, without limitation, all proceeds of dissolution or liquidation);
(iii) all security entitlements in any and all of the foregoing; and
(iv) all proceeds of any and all of the foregoing, of every kind, and all proceeds of such proceeds.
(b) The shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the foregoing shall be collectively referred to herein as the "PLEDGED SECURITIES".
(c) As “Pledged Securities”. Notwithstanding anything herein to the contrary, in no event shall the security interest granted hereunder attach to, and neither “Pledged Securities” nor “Pledged Collateral” shall include any of the date outstanding capital stock of this Agreement, a “controlled foreign corporation” (as defined in the Pledged Collateral constitutes all IRC) in excess of 65% of the equity interests voting power of Pledgor in the entities set out on Schedule 1all classes of capital stock of such controlled foreign corporation entitled to vote.
Appears in 1 contract
Samples: Pledge Agreement (Southern Construction Products Inc)
Description of Pledged Collateral. (a) The Pledged Collateral is described as follows and on any separate schedules at any time furnished by Pledgor Pledgors to Secured Party (which schedules are hereby deemed part of this Pledge Agreement):
(i) all right, title and interest of Pledgor Pledgors as a holder holders (whether now or in the future) in (x) shares or other equity interests in any corporations, limited liability companies or other entities limited partnerships (including, without limitation, those entities corporations limited liability companies and limited partnerships described on Schedule 1) organized under the laws of the United States of America or of any State thereof1 hereto), or any warrants to purchase or depositary shares or other rights in respect of any such interests, and (y) all shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the same;
(ii) all right, title and interest of such Pledgor in and to all present and future payments, proceeds, dividends, distributions, instruments, compensation, property, assets, interests and rights in connection with or related to the collateral listed in clause (i) above, and all monies due or to become due and payable to such Pledgor in connection with or related to such collateral or otherwise paid, issued or distributed from time to time in respect of or in exchange therefor, and any certificate, instrument or other document evidencing or representing the same (including, without limitation, all proceeds of dissolution or liquidation);; and
(iii) all security entitlements in any and all of the foregoing; and
(iv) all proceeds of any and all of the foregoing, of every kind, and all proceeds of such proceeds.
(b) The shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the foregoing shall be collectively referred to herein as the "PLEDGED SECURITIES".
(c) As of the date of this Agreement, the Pledged Collateral constitutes all of the equity interests of Pledgor in the entities set out on Schedule 1.
Appears in 1 contract
Samples: Pledge Agreement (Golfsmith International Holdings Inc)
Description of Pledged Collateral. (a) 2.2.1 The Pledged Collateral is described as follows and on any separate schedules at any time furnished by Pledgor to Secured Party (which schedules are hereby deemed part of this Pledge Agreement):
(ia) all right, title and interest of Pledgor as a holder (whether now or in the future) in (xi) shares or other equity interests in any corporationsDistinctive Devices, limited liability companies or other entities (including, without limitation, those entities described on Schedule 1) organized under the laws of the United States of America or of any State thereofInc., or any warrants to purchase or depositary shares or other rights in respect of any such interests, and (yii) all shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the same;
(iib) all right, title and interest of Pledgor in and to all present and future payments, proceeds, dividends, distributions, instruments, compensation, property, assets, interests and rights in connection with or related to the collateral listed in sub-clause 2.
(ia) above, and all monies due or to become due and payable to Pledgor in connection with or related to such collateral or otherwise paid, issued or distributed from time to time in respect of or in exchange therefor, and any certificate, instrument or other document evidencing or representing the same (including, without limitation, all proceeds of dissolution or liquidation);
(iii) all security entitlements in any and all of the foregoing; and
(ivc) all proceeds of any and all of the foregoing, of every kind, and all proceeds of such proceeds.
(b) 2.2.2 The shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the foregoing shall be collectively referred to herein as the "PLEDGED SECURITIES".
2.2.3 Notwithstanding the foregoing, the terms "PLEDGED COLLATERAL" and "PLEDGED SECURITIES" shall not include any Margin Stock (c) As as defined in Regulation U of the date Board of this Agreement, the Pledged Collateral constitutes all Governors of the equity interests Federal Reserve System of Pledgor the United States, as the same is from time to time in effect), and the entities set out on Schedule 1Security Interest granted hereunder shall not be effective in respect of any collateral until such time as such collateral no longer constitutes Margin Stock.
Appears in 1 contract
Description of Pledged Collateral. (a) The Pledged Collateral is described as follows and on any separate schedules at any time furnished by Pledgor Pledgors to Secured Party Collateral Agent (which schedules are hereby deemed part of this Pledge Agreement):
(i) all right, title and interest of Pledgor Pledgors as a holder holders (whether now or in the future) in (x) shares or other equity interests in any corporations, limited liability companies or other entities (including, without limitation, those entities described on Schedule 1) limited partnerships organized under the laws of the United States of America or of any State thereof(including, without limitation, those corporations and limited liability companies described on Schedule 1 hereto), or any warrants to purchase or depositary shares or other rights in respect of any such interests, and (y) all shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the same;
(ii) all right, title and interest of Pledgors as holders (whether now or in the future) in (x) shares or other equity interests in any entity directly owned by any Pledgor that is organized under the laws of a jurisdiction outside the United States and described on Schedule 1 hereto which represent (x) 65% of the Voting Stock of such entity and (y) 100% of the Non-Voting Stock of such entity, or any warrants to purchase or depositary shares or other rights in respect of any such interests, and (y) all shares of stock, certificates, instruments or other documents evidencing or representing the same;
(iii) all right, title and interest of each of the Pledgors in and to all present and future payments, proceeds, dividends, distributions, instruments, compensation, property, assets, interests and rights in connection with or related to the collateral listed in clause clauses (i) and (ii) above, and all monies due or to become due and payable to Pledgor each of the Pledgors in connection with or related to such collateral or otherwise paid, issued or distributed from time to time in respect of or in exchange therefor, and any certificate, instrument or other document evidencing or representing the same (including, without limitation, all proceeds of dissolution or liquidation);
(iii) all security entitlements in any and all of the foregoing; and
(iv) all proceeds of any and all of the foregoing, of every kind, and all proceeds of such proceeds.
(b) The shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the foregoing shall be collectively referred to herein as the "PLEDGED SECURITIES".
“Pledged Securities”. Notwithstanding anything herein to the contrary, in no event shall the security interest granted hereunder attach to, and neither “Pledged Securities” nor “Pledged Collateral” shall include (ci) As any of the date outstanding capital stock of this Agreement, a “controlled foreign corporation” (as defined in the Pledged Collateral constitutes all Internal Revenue Code) in excess of 65% of the equity interests voting power of Pledgor in all classes of capital stock of such controlled foreign corporation entitled to vote or (ii) the entities set out on Schedule 1Excluded Collateral.
Appears in 1 contract
Samples: Pledge Agreement (Southern Construction Products Inc)
Description of Pledged Collateral. (a) The Pledged Collateral is described as follows and on any separate schedules at any time furnished by Pledgor to Secured Party Security Trustee (which schedules are hereby deemed part of this Pledge Agreement):
(i) all right, title and interest of Pledgor as a holder (whether now or in the future) in (x) shares or other equity interests in any corporations, limited liability companies or other entities (including, without limitation, those entities described on Schedule 1) organized under the laws of the United States of America or of any State thereof, or any warrants to purchase or depositary shares or other rights in respect of any such interestsPledgor Pledged Nasdaq Shares, and (y) all shares of stock, certificates, certificated membership interests, instruments or other documents evidencing or representing the samePledgor Pledged Nasdaq Shares (the “Pledged Nasdaq Certificates”);
(ii) all right, title and interest of Pledgor as a holder (whether now or in the future) in (x) all Trust CBIs and (y) all certificates, instruments or other documents evidencing or representing the Trust CBIs (the “Pledged Trust Certificates”);
(iii) all right, title and interest of Pledgor in and to all present and future payments, proceeds, dividends, distributions, instruments, compensation, property, assets, interests and rights in connection with distributions (including dividends and distributions upon liquidation or related to dissolution of the collateral listed in clause (i) above, issuer thereof and all other monies due or to become due and payable to Pledgor in connection with or related to such collateral or otherwise paid, issued or distributed from time to time in respect of or in exchange thereforfor such collateral) of cash or other property on or in respect of (but only on or in respect of) the collateral described in Clauses (i) and (ii) above, and any certificate, instrument or other document evidencing or representing any such payment or distribution;
(iv) all Investment Property of Pledgor in respect of any collateral described in Clause (i), (ii) or (iii) above;
(v) all right, title and interest of Pledgor in, to and under the same (Trust Agreement, including, without limitation, (i) all proceeds rights of dissolution Pledgor to receive moneys due and to become due to it thereunder or liquidation);
in connection therewith, (ii) all rights of the Pledgor to perform and exercise all remedies thereunder and to require performance by the counterparties of the Trust Agreement of their obligations thereunder, and (iii) all security entitlements in rights of Pledgor to exercise any and all of the foregoingoptions thereunder; and
(ivvi) all proceeds of any all collateral described in Clause (i), (ii), (iii), (iv) and all of the foregoing(v) above, of every kind, and all proceeds of such proceeds; provided, however, that the Pledged Collateral shall not include Pledgor’s Borse Dubai Transfer Rights under and as defined in the Trust Agreement.
(b) The shares of stockPledged Nasdaq Certificates, the Pledged Trust Certificates and all certificates, certificated membership interests, instruments or other documents evidencing or representing the foregoing any collateral referred to in Clause (iii), (iv), (v) or (vi) above shall be collectively referred to herein as the "PLEDGED SECURITIES"“Pledged Securities”.
(c) As of the date of this Agreement, the Pledged Collateral constitutes all of the equity interests of Pledgor in the entities set out on Schedule 1.
Appears in 1 contract
Samples: Pledge Agreement (Borse Dubai LTD)