FINANCING STATEMENT AND SECURITY AGREEMENT Sample Clauses

FINANCING STATEMENT AND SECURITY AGREEMENT. A. This Mortgage constitutes a security agreement and is intended to be effective as a financing statement pursuant to the Connecticut Uniform Commercial Code. Borrower hereby grants to Lender a security interest in the Service Equipment, Leases, Property Income and other personal property included in the Property, and all replacements thereof, substitutions therefor, additions thereto and proceeds thereof, as well as the personal property described on SCHEDULE D attached hereto and made a part hereof as security for the Mortgage Debt. Lender is the secured party and Borrower is the debtor with respect to this financing statement and the mailing addresses of the secured party and the debtor for the purpose of this financing statement are set forth in SECTION 4.4 hereof. Upon request, Borrower shall execute and deliver to Lender any security agreement, financing or continuation statement or other document Lender deems necessary to protect or perfect its lien on the Service Equipment, and pay all filing fees and other costs, disbursements, expenses and reasonable counsel fees incurred by Lender in connection therewith. Borrower authorizes Lender, to the extent permitted by applicable law, to sign and file any financing or continuation statement at any time with respect to the Service Equipment in the absence of any signature by or on behalf of Borrower.
Sample 1
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FINANCING STATEMENT AND SECURITY AGREEMENT. This Mortgage constitutes a security agreement and is intended to be effective as a financing statement pursuant to the Connecticut Uniform Commercial Code. Borrower hereby grants to Lender a security interest in the Service Equipment, Leases, Property Income and other personal property included in the Property, and all replacements thereof, substitutions therefor, additions thereto and proceeds thereof, as well as the personal property described on SCHEDULE D attached hereto and made a part hereof (collectively, the "PERSONAL PROPERTY") as security for the Mortgage Debt. Lender is the secured party and Borrower is the debtor with respect to this financing statement and the mailing addresses of the secured party and the debtor for the purpose of this financing statement are set forth in SECTION hereof. Upon request, Borrower shall execute and deliver to Lender any security agreement, financing or continuation statement or other document Lender deems necessary to protect or perfect its lien on the Service Equipment, and pay all filing fees and other costs, disbursements, expenses and reasonable counsel fees incurred by Lender in connection therewith. Borrower authorizes Lender, to the extent permitted by applicable law, to sign and file any financing or continuation statement at any time with respect to the Service Equipment in the absence of any signature by or on behalf of Borrower. Borrower hereby warrants, represents and covenants as follows: except for the security interest granted hereby, and as permitted under a certain Fifth Amended and Restated Loan Agreement dated February 20, 1995 by and between Lender and Borrower, as amended and in effect from time to time, Borrower is, and as to the portions of the Personal Property to be acquired after the date hereof will be, the sole owner of the Personal Property free from any lien, security interest, encumbrance or claim thereon of any kind whatsoever. Borrower will notify Lender of, and will defend the Personal Property against, all claims and demands of all persons at any time claiming the Personal Property or any interest therein; Borrower will not assign, pledge, encumber, lease, sell, convey or in any manner transfer the Personal Property or portions thereof without the prior written consent of Lender, except as otherwise permitted under the Loan Documents, and all of the Personal Property attached to, incorporated into or to be incorporated into the Property will be kept free and clear of all chatte...
Sample 1

Related to FINANCING STATEMENT AND SECURITY AGREEMENT

  • Loan and Security Agreement Performance of all obligations of Borrower (as such term is defined in the Loan and Security Agreement, and hereafter used with such meaning) under the terms of the Loan and Security Agreement, any of the Guaranty Agreements or Security Documents referred to in the Loan and Security Agreement, and any other loan agreement, tri-party financing agreement or other agreement between Grantor and Beneficiary, GNI and any other parties pertaining to the use of the proceeds of the Notes."

  • No Financing Statements, Security Agreements No financing statement or security agreement describing all or any portion of the Collateral which has not lapsed or been terminated (by a filing authorized by the secured party in respect thereof) naming such Grantor as debtor has been filed or is of record in any jurisdiction except for financing statements or security agreements (a) naming the Administrative Agent on behalf of the Secured Parties as the secured party and (b) in respect to other Liens permitted under Section 6.02 of the Credit Agreement.

  • Guaranty and Security Agreement The security interest granted pursuant to this [Copyright] [Patent] [Trademark] Security Agreement is granted in conjunction with the security interest granted to Agent pursuant to the Guaranty and Security Agreement and each Grantor hereby acknowledges and agrees that the rights and remedies of Agent with respect to the security interest in the [Copyright] [Patent] [Trademark] Collateral made and granted hereby are more fully set forth in the Guaranty and Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein.

  • Amendments to the Loan and Security Agreement (a) The Loan and Security Agreement shall be amended as follows effective as of the Amendment Effective Date:

  • Financing Statement To the extent permitted by applicable law, a carbon, photographic or other reproduction of this Agreement or any financing statement covering the Collateral shall be sufficient as a financing statement.

  • Security Agreement and Fixture Filing (a) This Mortgage is both a real property mortgage and a "security agreement" within the meaning of the Uniform Commercial Code. The Mortgaged Property includes both real and personal property and all other rights and interests, whether tangible or intangible in nature, of Mortgagor in the Mortgaged Property. Mortgagor by executing and delivering this Mortgage has granted and hereby grants to Mortgagee, as security for the Obligations, a security interest in the Mortgaged Property to the full extent that the Mortgaged Property may be subject to the Uniform Commercial Code (said portion of the Mortgaged Property so subject to the Uniform Commercial Code being called in this paragraph 27 the "UCC Collateral"). If an Event of Default shall occur, Mortgagee, in addition to any other rights and remedies which it may have, shall have and may exercise immediately and without demand, any and all rights and remedies granted to a secured party upon default under the Uniform Commercial Code, including, without limiting the generality of the foregoing, the right to take possession of the UCC Collateral or any part thereof, and to take such other measures as Mortgagee may deem necessary for the care, protection and preservation of the UCC Collateral. Upon request or demand of Mortgagee, Mortgagor shall at its expense assemble the UCC Collateral and make it available to Mortgagee at a convenient place acceptable to Mortgagee. Mortgagor shall pay to Mortgagee on demand any and all expenses, including legal expenses and attorneys' fees, incurred or paid by Mortgagee in protecting the interest in the UCC Collateral and in enforcing the rights hereunder with respect to the UCC Collateral. Any notice of sale, disposition or other intended action by Mortgagee with respect to the UCC Collateral sent to Mortgagor in accordance with the provisions hereof at least ten (10) days prior to such action, shall constitute commercially reasonable notice to Mortgagor. The proceeds of any disposition of the UCC Collateral, or any part thereof, may be applied by Mortgagee to the payment of the Obligations in such priority and proportions as Mortgagee in its discretion shall deem proper.

  • UCC Financing Statements Such UCC financing statements as are necessary or appropriate, in the Collateral Agent’s discretion, to perfect the security interests in the Collateral;

  • Financing Statements, Etc The Grantor hereby authorizes the Secured Party to file (with a copy thereof to be provided to the Grantor contemporaneously therewith), at any time and from time to time thereafter, all financing statements, financing statement assignments, continuation financing statements, and UCC filings, in form reasonably satisfactory to the Secured Party. The Grantor shall execute and deliver and shall take all other action, as the Secured Party may reasonably request, to perfect and continue perfected, maintain the priority of or provide notice of the security interest of the Secured Party in the Collateral (subject to the terms hereof) and to accomplish the purposes of this Agreement. Without limiting the generality of the foregoing, the Grantor ratifies and authorizes the filing by the Secured Party of any financing statements filed prior to the date hereof that accomplish the purposes of this Agreement.

  • Financing Statements Subject to the Standard Qualifications, each Mortgage Loan or related security agreement establishes a valid security interest in, and a UCC-1 financing statement has been filed and/or recorded (or, in the case of fixtures, the Mortgage constitutes a fixture filing) in all places necessary at the time of the origination of the Mortgage Loan (or, if not filed and/or recorded, has submitted or caused to be submitted in proper form for filing and/or recording) to perfect a valid security interest in, the personal property (creation and perfection of which is governed by the UCC) owned by the Mortgagor and necessary to operate such Mortgaged Property in its current use other than (1) non-material personal property, (2) personal property subject to purchase money security interests and (3) personal property that is leased equipment. Each UCC-1 financing statement, if any, filed with respect to personal property constituting a part of the related Mortgaged Property and each UCC-3 assignment, if any, filed with respect to such financing statement was in suitable form for filing in the filing office in which such financing statement was filed. Notwithstanding anything herein to the contrary, no representation is made as to the perfection of any security interest in rents or other personal property to the extent that possession or control of such items or actions other than the filing of Uniform Commercial Code financing statements is required to effect such perfection.

  • Pledge and Security Agreement The security interest granted pursuant to this Agreement is granted in conjunction with the security interest granted to the Security Agent for the Secured Parties pursuant to the Pledge and Security Agreement, and the Grantors hereby acknowledge and affirm that the rights and remedies of the Security Agent with respect to the security interest in the Copyright Collateral made and granted hereby are more fully set forth in the Pledge and Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein. In the event that any provision of this Agreement is deemed to conflict with the Pledge and Security Agreement, the provisions of the Pledge and Security Agreement shall control.

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