Equipment Collateral. Without limiting the other terms of this Agreement and the other Financing Agreements relating to Collateral the following shall be specifically applicable to the Equipment Collateral. The Equipment Collateral shall be kept primarily at the location(s) shown on the Schedule(s) hereunder (unless the Equipment Collateral is mobile, in which case it may be moved in the ordinary course of business), and Borrower shall give prompt written notice to Equipment Finance of any change in the location(s) of the Equipment Collateral. Notwithstanding the foregoing, the Equipment Collateral shall not be moved outside the United States without Equipment Finance’s prior written consent. The Equipment Collateral is not attached, and Borrower shall not permit the Equipment Collateral to become attached, to real estate in such a way that it would be considered part of the realty or designated a “fixture.” Notwithstanding any presumption of applicable law, and irrespective of any manner of attachment, the Equipment Collateral shall not be deemed real property but shall retain its character as personal property. However, Borrower shall at the option of Equipment Finance furnish the latter with waiver(s) in recordable form, signed by all persons having an interest in the real estate, of any interest in the Equipment Collateral which is or might be deemed to be prior to Equipment Finance’s interest. Borrower shall use the Equipment Collateral for business purposes only and operate it by qualified personnel in accordance with applicable manufacturers’ and regulatory maintenance and performance standards. Borrower shall adhere to reasonable practices for Borrower’s industry and the type of Equipment Collateral, for security against terrorism and other risks. Borrower shall keep the Equipment Collateral in good working order, condition and repair and shall not waste or destroy the Equipment Collateral or any part thereof; Borrower shall keep the Equipment Collateral appropriately protected from the elements, and shall furnish all required parts and servicing (including any contract service necessary to maintain the benefit of any warranty of the manufacturer); and Borrower shall not use the Equipment Collateral in violation of any statute, ordinance, regulation or order. Equipment Finance may examine and inspect the Equipment Collateral and any and all books and records of Borrower related to the Equipment Collateral during business hours upon reasonable notice; such right of inspe...
Equipment Collateral. On or prior to its execution and delivery of this Agreement, Borrower shall provide Lender with a listing, in detail to Lender's satisfaction, of all of Borrower's equipment, fixtures and personal property (collectively, an "Equipment List"), which, at Lender's option, shall be attached as an exhibit to a UCC financing statement filed by Lender naming Borrower as "debtor" and Lender as "secured party." Within thirty days after the end of every quarter after the date hereof, Borrower shall provide Lender with an Equipment List of equipment, fixtures and personal property acquired by Borrower during such quarter (which may exclude Third Party Equipment), and such Equipment List shall, at Lender's option, be attached as an exhibit to a UCC financing statement filed by Lender naming Borrower as "debtor" and Lender as "secured party." Borrower agrees to execute and deliver to Lender any and all such financing statements to Lender.
Equipment Collateral. The Collateral securing the Miner Equipment Lender’s existing equipment loan/lease (the “Equipment Collateral”). In connection with the Equipment Collateral, the Miner Equipment Lenders Agent shall collectively enter into an intercreditor agreement with the trustee, agent, and/or holders of the New Secured Notes, the New Secured Convertible Notes, and the Exit Facility.
Equipment Collateral. (A) The existing collateral securing the Miner Equipment Lender’s existing equipment loan/lease (the “Existing Collateral”); and (B) The Settling Miner Equipment Lenders that elect Miner Equipment Lender Treatment Election 2 will receive a duly-perfected and validly enforceable first-priority lien on the first $52,500,000 of new, non-financed miners acquired by the Reorganized Debtors following the Effective Date (the “Additional Collateral”); provided, that, the $52,500,000 of the Additional Collateral allocated to the Settling Equipment Lenders shall be reduced on a pro rata basis to the extent more than 25% (measured by allowed claim amount) of the Settling Equipment Lenders do not elect Miner Equipment Lender Takeback Debt (Election 2) calculated as (1) $52,500,000 multiplied by (2)(a) the quotient of (i) all Settling Equipment Lenders’ Allowed Miner Equipment Lender Claims (as of the Petition Date) electing Miner Equipment Lender Treatment Election 2 divided by (ii) the aggregate amount of all Allowed Miner Equipment Lender Claims of the Settling Equipment Lenders (as of the Petition Date) divided by (b) 75%;2 provided, further, that each Settling Miner Equipment Lender that elects Miner Equipment Lender Treatment Election 2 shall hold a percentage interest in the Additional Collateral equal to the total aggregate hashing power of such lender’s Existing Collateral listed on Schedule 1 hereto as a percentage of the total aggregate hashing power of all the Existing Collateral securing the Settling Miner Equipment Lenders’ Miner Equipment Loans that elect Miner Equipment Lender Treatment Election 2 listed on Schedule 1 hereto (such clauses (A) and (B) above, together, the “Equipment Collateral”). In connection with the Equipment Collateral, the Miner Equipment Lenders Agent shall collectively enter into an intercreditor agreement with the trustee, agent, and/or holders of the New Secured Notes, the New Secured Convertible Notes, and the Exit Facility.
Equipment Collateral. The Equipment Collateral will be used primarily for business purposes and not for personal, family or household purposes.
Equipment Collateral. (a) Use the Equipment Collateral primarily for business purposes as opposed to personal, family or household purposes.
(b) Pay all shipping and delivery charges and other expenses incurred in connection with the Equipment Collateral and pay all lawful claims, whether for labor, materials, supplies, rent, assessments, taxes or services, which might or could if unpaid become a lien on the Equipment Collateral.
(c) Comply, in all material respects, with all laws and regulations and rules, all manufacturer’s instructions and warranty requirements, and the conditions and requirements of all policies of insurance relating to the Equipment Collateral and its use, and use reasonable care to prevent any portion of the Equipment Collateral from being damaged or depreciating at an excessive rate (normal wear and tear excepted).
(d) Xxxx and identify the Equipment Collateral with all information and in such manner as Lender may reasonably request from time to time and replace promptly any such markings or identification which are removed, defaced or destroyed.
Equipment Collateral. (a) permit the name of any person, association or corporation other than Borrowers or Lender to be placed on the Equipment Collateral as a designation that might be interpreted as a claim of ownership or security interest;
(b) part with possession or control of or suffer or allow to pass out of its possession or control any item of Equipment Collateral or change the location of the Equipment Collateral or any part thereof from the addresses shown on Schedule 12 of the Security Agreement;
(c) EXCEPT FOR PERMITTED DISPOSITIONS, ASSIGN OR IN ANY WAY DISPOSE OF ALL OR ANY PART OF ITS RIGHTS OR OBLIGATIONS UNDER THE AGREEMENT OR ENTER INTO ANY LEASE OR SALE OF ALL OR ANY PART OF THE EQUIPMENT COLLATERAL (and any attempt by Borrower to assign in violation of this Agreement shall be null and void);
Equipment Collateral. All right, title, interest, claims and -------------------- demands of the Debtor in and to each and every item of aircraft, equipment, vehicles, rolling stock, plants, fixtures or personal property which is subject to a Lease (all of which shall remain subject to the lien of this Security Agreement until specifically released pursuant to Section 2.2 hereof, whether or not such Lease is terminated or cancelled and whether or not any such aircraft, equipment, vehicles, rolling stock, plants, fixtures and personal property is thereafter purported to be sold, destroyed, released, subleased, assigned, conveyed, transferred to otherwise disposed of); together with all accessories, equipment, parts and appurtenances appertaining or attached to any such aircraft, equipment, vehicles, rolling stock, plants, fixtures or personal property, whether now owned or hereafter acquired, except such thereof as remain the property of the lessees under the Leases, and all substitutions, renewals or replacements of and additions, improvements, accessions and accumulations to any and all of such aircraft, equipment, vehicles, rolling stock, plants, fixtures or personal property (collectively, the "Equipment") except such thereof as remain the property of the lessees, together with all Lease Payments in respect of the Equipment.
Equipment Collateral. All of Borrower's rights, title and interests in and to the Equipment and all replacements, substitutions and alternatives therefor and thereof and accessions thereto, to the extent now owned or hereafter acquired, and all proceeds (cash and non-cash) thereof, including all payments or proceeds of any property insurance policies, or with respect to the sale, lease or other disposition of any item of Equipment (the "Equipment Collateral"); and
Equipment Collateral. On or prior to its execution and delivery of this Agreement, Borrower shall provide Lender with a listing, in detail to Lender's satisfaction, of all of Borrower's equipment, fixtures and personal property other than the equipment financed under the GE Healthcare Equipment Loan and the Additional Equipment Loans (collectively, an "Equipment List"), which, at Lender's option, shall be attached as an exhibit to a UCC financing statement filed by Lender naming Borrower as "debtor" and Lender as "secured party." Within thirty days after the end of every quarter after the date hereof; Borrower shall provide Lender with an Equipment List of equipment, fixtures and personal property acquired by Borrower during such quarter through and including April 27, 2001, and such Equipment List shall, at Lender's option, be attached as an exhibit to a UCC financing statement filed by Lender naming Borrower as "debtor" and Lender as "secured party." Borrower agrees to execute and deliver to Lender any and all such financing statements to Lender. Borrower's equipment, fixtures and personal property acquired alter April 27, 2001 may become Third Party Equipment.
