Existing Security Documents. The Obligations hereunder are, and continue to be, secured by the security interest granted by the Borrower in favor of the Administrative Agent and the Lenders under the Existing Security Documents, as amended and restated by the Security Agreement.
Existing Security Documents. The Administrative Agent shall be satisfied that the Security Documents executed in connection with the Existing Credit Agreement are sufficient for the purposes hereof or such Security Documents shall have been modified to the reasonable satisfaction of the Administrative Agent.
Existing Security Documents. Collectively, the Surety and Guaranty Agreement, the Guarantor Security Agreement, the Subsidiary Collateral Pledge Agreement, the Securities Account Pledge Agreement, the Sponsored CDO Pledge Agreement, the Collateral Pledge Agreement and the Trademark Security Agreements, each executed by Borrower, Parent or Subsidiary Guarantors (as applicable), and any other agreements, instruments and documents executed and/or delivered from time to time pursuant to the Existing Loan Agreement (including the Existing Notice Letters) or in connection therewith related to any guaranty or suretyship obligation or the granting of any security interest or pledge of any Property to secure the repayment of Indebtedness under the Existing Loan Agreement.
Existing Security Documents. The Borrower hereby acknowledges that the securities and guarantees (if any) referred to in Section 7 of Schedule A hereto, all the Letter(s) of Offer and any other Loan Agreement are existing in favour of the Bank for better securing the repayment and satisfaction of the Indebtedness by the Borrower to the Bank and the Borrower’s due performance and compliance with all the Borrower’s other obligations under or relating to the Facility and that such existing securities and guarantees shall not be prejudiced, impaired, diminished or otherwise affected by this Loan Agreement or the agreements, deeds, letters, guarantees, documents and instruments specified in Section 6 of Schedule A hereto, all Letter(s) of Offer and any other Loan Agreement but shall continue to be valid, binding and enforceable.
Existing Security Documents. (i) Except to the extent heretofore released, each of the Subsidiary Guaranties, Security Agreements and Pledge Agreements executed and delivered pursuant to the Original Credit Agreement, as amended and restated prior to the Third Restatement Effective Date or required to be executed and delivered on the Third Restatement Effective Date by the terms of this Agreement shall be in full force and effect on the Third Restatement Effective Date, (ii) the security interests and Liens granted to the Collateral Agent pursuant to such Security Documents shall continue in full force and effect (except to the extent heretofore released) and shall inure to the benefit of the Secured Parties, (iii) no filings, recordings, registrations or other actions shall be necessary or desirable to maintain the perfection and priority of the security interests granted pursuant thereto in the Collateral covered thereby and (iv) each of the Credit Parties (other than the Borrower) shall have executed and delivered a Consent and Reaffirmation in the form of Exhibit E;
Existing Security Documents. (a) The Finance Parties agree that, from the Restatement Date:
(i) the exception in the definition of Secured Senior Liabilities in the Existing Debenture in respect of unlawful financial assistance under Sections 151 and 152 of the Companies Xxx 0000 includes, without limitation, any obligation of EPHL under the Share Option Agreement;
(ii) the Security Trustee may only convert a floating charge created by the Existing Debenture into a fixed charge in circumstances where it may convert a floating charge created under the New Debenture into a fixed charge;
(iii) the Borrower shall not be in breach of any representation or warranty given under the Existing Debenture unless it would be in breach of a corresponding representation or warranty under the New Debenture;
(iv) the Borrower shall not be in breach of any covenant in the Existing Debenture unless it would be in breach of a corresponding covenant in the New Debenture and EPL is not obliged to comply with any covenants in the Existing Debenture that are more onerous than the covenants in the New Debenture;
(v) Notwithstanding any provision in the Existing Debenture to the contrary, the Borrower may deal with the Relevant Agreements (as defined in the New Debenture) (and any payments thereunder) in the manner set out in the New Debenture;
(vi) the Security Trustee may only enforce the security constituted by the Existing Debenture in circumstances where the Security Trustee has the right to enforce the security constituted by the New Debenture;
(vii) the exceptions under the New Debenture as to when the Security Trustee may redeem any prior security interest, procure the transfer of a security interest to itself or settle and pass the accounts of a prior mortgagee, chargee or encumbrancer shall apply to the corresponding provisions of the Existing Debenture;
(viii) the Security Trustee or any administrative receiver, receiver or manager appointed under the Existing Debenture shall not be entitled to exercise any rights, powers or discretions over and above those granted to the Security Trustee or any administrative receiver, receiver or manager appointed under the New Debenture;
(ix) any moneys received by the Security Trustee or any Receiver under or pursuant to the Existing Debenture shall be applied in accordance with the Amended and Restated Intercreditor Agreement;
(x) the Borrower shall not be in breach of any representation or warranty given under the Shares Pledge or EPHL Assignment unless it wou...
Existing Security Documents. “Existing Security Documents” as used herein shall mean, collectively, that certain Security Agreement, dated as of December 30, 2005, made by each Pledgor signatory thereto and each additional Pledgor joined thereto in favor of the US Collateral Agent for the benefit of the Secured Parties (the “US Security Agreement”), together with any and all other Security Documents (as defined in the Existing Credit Agreement) to which any Pledgor is a party (other than the Perfection Certificate and Perfection Certificate Supplements delivered prior to the date hereof), in each case, together with all amendments, supplements and other modifications thereto.
Existing Security Documents. Collectively, the Surety and Guaranty Agreement, the Guarantor Security Agreement, the Subsidiary Collateral Pledge Agreement, the Sponsored CDO Pledge Agreement, the Collateral Pledge Agreement, the Control Agreements and the REML Assignments, each executed by Borrower, Subsidiary Guarantors (as applicable) or such other Persons, and any other agreements, instruments and documents executed and/or delivered from time to time pursuant to the Existing Loan Agreement (including the Existing Notice Letters) or in connection therewith related to any guaranty or suretyship obligation or the granting of any security interest or pledge of any Property to secure the repayment of the debts, liabilities and obligations under the Existing Loan Agreement. Existing Subordinated Debt – That certain Subordinated Indebtedness of Borrower in the principal amount of $18,820,000, which Subordinated Indebtedness is evidenced by the senior notes described on Schedule B, attached hereto.
Existing Security Documents. 65 SECTION 5.1.26. Direction Letters .............................................................. 65 SECTION 5.1.27.
Existing Security Documents. 52 SECTION 5.1.26. Direction Letters...................................... 52 SECTION 5.2. All Credit Extensions........................................... 52
