Granting of Security Interest. To secure Debtor’s payment and performance of the Secured Obligations and each Subsidiary Grantor’s guaranty of payment of the Secured Obligations, each Grantor hereby transfers, assigns, sets over, conveys, mortgages and grants to the Secured Parties, subject to the terms of this Agreement and the Purchase Money Notes (and any substitute purchase money notes that may be issued), a continuing security interest in, lien on and right of setoff against all of its right, title and interest in and to all accounts, chattel paper, deposit accounts, documents (as defined in the UCC), equipment, fixtures, general intangibles, Intellectual Property, instruments, Insurance, inventory, investment property, letter-of-credit rights, money (as defined in the UCC) and other personal property and any supporting obligations related thereto, in each case, whether now owned or hereafter acquired, regardless of whether such property is in the future subdivided into one or more groups to separately secure the Debtor’s and each Subsidiary Grantor’s obligations hereunder, including:
(a) the Underlying Loans, including all future advances made with respect thereto;
(b) the Underlying Loan Documents;
(c) all amounts payable to such Grantor pursuant to the Underlying Loan Documents and all obligations owed to such Grantor in connection with the Underlying Loans and the Underlying Loan Documents;
(d) all Underlying Collateral, including all Acquired Property;
(e) all claims, suits, causes of action and any other right of such Grantor, whether known or unknown, against an Underlying Borrower, any Underlying Obligor or other obligor or any of their respective Affiliates, agents, representatives, contractors, advisors or any other Person arising under or in connection with the Underlying Loans or the Underlying Loan Documents or that is in any way based on or related to any of the foregoing, including contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity arising under or in connection with the Underlying Loan Documents or the transactions related thereto or contemplated thereby;
(f) all cash, securities and other property received or applied by or for the account of such Grantor under the Underlying Loans, including all distributions received through redemption, consummation of a plan of reorganization, restructuring, liquidation or otherwise of an Underlying Borrower, Underlying Obligor or other obligor under or with respect to the ...
Granting of Security Interest. (a) The Tenant shall not grant a Security Interest in any goods that have become affixed to the Premises, and the Tenant shall not affix to the Premises any goods which are subject to a Security Interest.
(b) The Tenant shall not permit any notice claiming a Security Interest in any fixture to be registered against title to the Premises and shall, immediately upon demand by the Landlord, remove or cause to be removed any such notice and institute and diligently prosecute any proceedings pertinent thereto.
Granting of Security Interest. Each Loan Party hereby pledges, assigns and grants to Lender, on its behalf and for the benefit of Lender, a first priority security interest in and lien on, and a right of set-off against, the following property and assets, whether now or hereafter existing, owned or acquired by such Loan Party (collectively, the “Collateral”), to secure the payment and the performance of all the Obligations:
(a) Accounts;
(b) Chattel Paper;
(c) Commercial Tort Claims listed on Schedule 6.01 (as such schedule may be amended or supplemented from time to time);
(d) Deposit Accounts (including, without limitation, each Collateral Account);
(e) Documents;
(f) General Intangibles;
(g) Goods;
(h) Inventory;
(i) Equipment;
(j) Instruments;
(k) Investment Property;
(l) Letter-of-Credit Rights and Letters of Credit;
(m) Supporting Obligations;
(n) all books, records, writings, databases, information and other property relating to, used or useful in connection with, evidencing, embodying, incorporating or referring to, any of the foregoing in this Section;
(o) all Accessions to and Proceeds of the foregoing and, to the extent not otherwise included, (i) all payments under insurance (whether or not Lender is the loss payee thereof) and (ii) all tort claims; and
(p) all other property and rights of every kind and description and interests therein.
Granting of Security Interest. 2.1 The Company confirms that in order to secure the due and punctual payment by the Company and certain of the Guarantors of certain Secured Debt, including the Securities and all other sums payable by the Company and certain of the Guarantors under the Indenture and the New Guaranty, the Company and the Guarantors pursuant to the New Security Agreement are granting to Bank of America, N.A., as Collateral Agent for the benefit of the Secured Parties (as such term is defined in the New Security Agreement), a security interest, among other assets, in such of the Restricted Collateral (as such term is defined in the New Security Agreement) as is required pursuant to the terms of the Indenture. The Company warrants and represents that pursuant to the New Security Agreement, the Securities are secured, as to such Restricted Collateral, at least equally and ratably with all other obligations and indebtedness of the Company and certain of the Guarantors secured thereby as, and to the extent, required by the Indenture.
Granting of Security Interest. Mortgagor does hereby transfer, convey, mortgage, hypothecate, assign and grant to Mortgagee a second priority purchase-money security interest in, and second priority mortgage lien on (subject and subordinate only to the first priority interests of the Notes Trustee under the First Mortgage), all right, title, interest, claims and demands of Mortgagor in and to the Properties, rights, interests and privileges described in clauses (a) through (h) below, whether now or hereafter acquired (which Properties, rights, interests and privileges described in clauses (a) through (h) below, including all such Properties, rights, interests and privileges hereafter subjected to the Lien of this Agreement by any Mortgage Supplement, are included in and defined as the "Collateral"), to wit:
(a) the Airframe and Engines, each of which Engines is of 750 or more rated takeoff horsepower or the equivalent of such horsepower, and in the case of each such Engine, whether or not such Engine shall be installed in or attached to the Airframe or any other airframe, and the Parts, together with all accessories, equipment, parts and appurtenances appertaining or attached to the Airframe or an Engine, whether now owned or hereafter acquired, and all substitutions, renewals and replacements of and additions, alterations, modifications, improvements, accessions and accumulations to the Airframe, any Engine or any Part;
(b) all proceeds from the sale or other disposition of, all proceeds of insurance due to Mortgagor on, and all proceeds of any condemnation or requisition of title or use due to Mortgagor with respect to, any of the Properties described in clause (a) above;
(c) all logs, books, records (including, without limitation, all inspection, modification, maintenance and overhaul records), data, manuals and other documents, in each case, maintained in respect of the Airframe or any Engine, including, without limitation, all such logs, books, records, data, manuals and other documents maintained pursuant to requirements of the FAA;
(d) the Aircraft Sale Agreement and the Bills of Sale to the extent the same relate to continuing rights of Mortgagor in respect of any warranty, indemnity or agreement, express or implied, as to title, materials, workmanship, design or patent infringement matters with respect to the Airframe or any Engine (reserving to Mortgagor, however, all of Mortgagor's other rights and interest in and to the Aircraft Sale Agreement) together with all rights, powe...
Granting of Security Interest. Each Borrower hereby grants a perfected first‑priority security interest in favor of Administrative Agent for the ratable benefit of the Lenders in each Security Account established under the Loan Documents and all financial assets and other property and sums at any time held, deposited or invested therein, and all security entitlements and investment property relating thereto, together with any interest or other earnings thereon, and all proceeds thereof, whether accounts, general intangibles, chattel paper, deposit accounts, instruments, documents or securities (collectively, “Reserve Account Collateral”), together with all rights of a secured party with respect thereto (even if no further documentation is requested by Administrative Agent or the Lenders or executed by the applicable Borrower).
Granting of Security Interest. Borrower hereby pledges, assigns and grants to Noteholder, to secure the payment and the performance of this Note and the Advances, all interest thereon and all other obligations set forth herein (collectively, the “Obligations”), a first priority security interest in and Lien on, and a right of set-off against, the following property and assets (collectively, the “Collateral”), wherever located, whether now or hereafter existing, owned or acquired by Bxxxxxxx, and all proceeds and products thereof: All goods, accounts, equipment, inventory, contract rights or rights to payment of money, leases, intellectual property, license agreements, franchise agreements, general intangibles, commercial tort claims, documents, instruments (including any promissory notes), chattel paper (whether tangible or electronic), cash, deposit accounts, fixtures, letters of credit rights (whether or not the letter of credit is evidenced by a writing), securities, and all other investment property, supporting obligations, and financial assets, whether now owned or hereafter acquired, wherever located; and all books relating to the foregoing, and any and all claims, rights and interests in any of the above and all substitutions for, additions, attachments, accessories, accessions and improvements to and replacements, products, proceeds and insurance proceeds of any or all of the foregoing. Borrower hereby represents, warrants, and covenants that the security interest granted herein is and shall at all times continue to be a valid, first priority perfected security interest in the Collateral. Noteholder’s security interest in the Collateral shall continue until the Obligations (other than contingent obligations of Borrower hereunder that will survive payment in full of the Obligations and termination of this Note by express terms) are repaid in full. Upon payment in full of all amounts due under this Note or upon conversion of this Note, this Note and all obligations of Borrower hereunder (other than contingent obligations of Borrower hereunder that will survive payment in full of the Obligations and termination of this Note by express terms) shall automatically terminate, and all rights to the Collateral shall revert to the granting party and Noteholder shall, at Borrower’s sole cost and expense, release its security interest in the Collateral.
Granting of Security Interest. To secure the payment of any sums which have or may become due by the Company to Portxx Xxxital pursuant to the Commercial Financing Agreement and also to secure any other indebtedness or liability of the Company to Portxx Xxxital, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, including all future advances or loans which may be made at the option of Portxx Xxpital to the Company (hereinafter referred to as "Obligations"), Company hereby grants and conveys to Portxx Xxxital a security interest in, and mortgages to Portxx Xxxital the "Property" as defined in paragraph 2 below.
Granting of Security Interest. As security for (i) the due and punctual payment of the Supported Obligations, (ii) all the obligations of the Sponsor hereunder and under the Distribution Agreement, the Intercreditor Agreement, the Master Film Purchase Agreement and each Film Purchase Agreement (iii) to the extent that it is determined by a court of competent jurisdiction that the Sponsor, rather than the Borrower, is the owner of a Declared Qualifying Picture, the Obligations of the Borrower under the Credit Agreement (provided, however, that with regard to the obligations contemplated by this clause (iii), the lien granted hereby shall be limited to the AFI Collateral) and (iv) the guaranty of each of the Artisan Entities hereunder ((ii) and (iii) together with the Supported Obligations shall be referred to herein as the "Secured Obligations"), each of the Artisan Entities hereby mortgages, pledges, assigns, transfers, sets over, conveys and delivers to the Borrower a security interest in all of the Secured Obligations Collateral. It is the intention of the parties hereto that notwithstanding any tax treatment agreed to between the Borrower and its Certificateholders in the Trust Agreement, (a) for purposes of creditors' rights issues and generally accepted accounting principles, the sale of a Declared Qualifying Picture from the producer thereof to the Borrower be a true sale; (b) the Borrower be the owner of such Declared Qualifying Picture; and (c) the relationship between the Borrower and the Sponsor, as Distributor under the Distribution Agreement, be one of licensor and licensee, and the parties hereto agree to take such actions as are consistent with such treatment. To the extent that it is determined by a court of competent jurisdiction that notwithstanding the foregoing, the Sponsor is the owner of a Declared Qualifying Picture, it is the intention of the parties that the Secured Obligations (to the extent of the AFI Collateral), include the Obligations of the Borrower under the Credit Agreement and the right of the Administrative Agent to receive the share of Gross Receipts as set forth herein which is to be used to pay the Obligations under the Credit Agreement.
Granting of Security Interest. The Debtor does hereby transfer, ------------------------------ convey, mortgage, hypothecate, assign and grant a security interest to the Secured Party, subject to no prior interest of any Person whatsoever, in the Debtor's interest in the following collateral, wherever located, now existing and hereafter arising or coming into existence (the "Collateral"):
(a) Xxxxx & Xxxxxxx JT9D-7Q engine bearing manufacturer's serial number 702083, which has 750 or more rated takeoff horsepower, together with all attachments, additions and accessions thereto, and added and substituted parts, equipment and repairs now or hereafter placed upon such property, whether because of necessary repairs or otherwise;
(b) Xxxxx & Whitney JT9D-7J engine bearing manufacturer's serial number 686106, which has 750 or more rated takeoff horsepower, together with all attachments, additions and accessions thereto, and added and substituted parts, equipment and repairs now or hereafter placed upon such property, whether because of necessary repairs or otherwise;
(c) Xxxxx & Xxxxxxx JT9D-7J engine bearing manufacturer's serial number 662751, which has 750 or more rated takeoff horsepower, together with all attachments, additions and accessions thereto, and added and substituted parts, equipment and repairs now or hereafter placed upon such property, whether because of necessary repairs or otherwise;
(d) Xxxxx & Whitney JT9D-7A engine bearing manufacturer's serial number 662749, which has 750 or more rated takeoff horsepower, together with all attachments, additions and accessions thereto, and added and substituted parts, equipment and repairs now or hereafter placed upon such property, whether because of necessary repairs or otherwise;
(e) Xxxxx & Xxxxxxx JT9D-7A engine bearing manufacturer's serial number 662550, which has 750 or more rated takeoff horsepower, together with all attachments, additions and accessions thereto, and added and substituted parts, equipment and repairs now or hereafter placed upon such property, whether because of necessary repairs or otherwise;
(f) Xxxxx & Whitney JT9D-7A engine bearing manufacturer's serial number 662498, which has 750 or more rated takeoff horsepower, together with all attachments, additions and accessions thereto, and added and substituted parts, equipment and repairs now or hereafter placed upon such property, whether because of necessary repairs or otherwise;
(g) Xxxxx & Xxxxxxx JT9D-7A engine bearing manufacturer's serial number 662338, w...