Indebtedness Secured. This Agreement, together with the Security Interest, secures payment of all obligations of any kind owing by the Debtor to the Secured Party (the "Indebtedness"). The Indebtedness includes, without limitation, those obligations of the Debtor which: (a) are now existing or hereafter incurred; (b) are direct or indirect; or (c) arise from loans, guaranties, endorsements, letters of credit, reimbursement agreements, drafts, acceptances or otherwise. The Indebtedness may be: (a) related or unrelated to the extension of credit contemplated in that certain Loan Agreement dated as of the date hereof between the Borrower and the Secured Party (as amended or restated from time to time, the "Loan Agreement"), or any extensions, renewal or modifications thereof; (b) of the same or a different class as the primary obligation; and (c) from time to time reduced or extinguished and thereafter increased or re-incurred. The Indebtedness specifically includes, without limitation, the following: (a) all amounts now or hereafter due under that certain Guaranty of Payment of even date herewith, as amended or restated from time to time, executed by the Debtor in favor of the Secured Party; (b) any sums advanced and any expenses or obligations incurred by the Secured Party pursuant to this Agreement or any other agreement concerning, evidencing or securing obligations of the Debtor to the Secured Party; and (c) any liabilities of the Debtor to the Secured Party arising from any sources whatsoever.
Appears in 3 contracts
Samples: Security Agreement (Armor Holdings Inc), Security Agreement (Armor Holdings Inc), Security Agreement (Armor Holdings Inc)
Indebtedness Secured. This Agreement, together with the The Security Interest, Interest secures payment of any and all indebtedness, and performance of all obligations and agreements, of any kind owing by the Debtor Pledgor to the Secured Party (the "Indebtedness"). The Indebtedness includes, without limitation, those obligations of the Debtor which: (a) are whether now existing or hereafter incurred; (b) are incurred or arising, of every kind and character, primary or secondary, direct or indirect; , absolute or (c) arise from loanscontingent, guarantiessole, endorsementsjoint or several, letters of creditmatured or unmatured, reimbursement agreements, drafts, acceptances or otherwise. The whether such Indebtedness may be: (a) related or unrelated to the extension of credit contemplated in that certain Loan Agreement dated as of the date hereof between the Borrower and the was originally contracted with Secured Party (as amended or restated from time to timewith another or others, the "Loan Agreement")whether or not such Indebtedness is evidenced by a negotiable or non-negotiable instrument or other writing, whether such Indebtedness is contracted by Pledgor alone or any extensionsjointly and severally with another or others, renewal or modifications thereof; (b) of the same or a different class as the primary obligation; and (c) whether such Indebtedness is from time to time reduced and thereafter increased, or entirely extinguished and thereafter increased or re-incurred. The reincurred, including, without limitation: (a) Indebtedness specifically includesarising in connection with that certain Term Note between Debtor and Secured Party dated the date hereof (the "Note"); (b) all interest which accrues on any such Indebtedness, until payment of such Indebtedness in full, including, without limitation, all interest provided for under the following: Note; (ac) all amounts now other monies payable by Pledgor, and all obligations and agreements of Pledgor to Secured Party, pursuant to any other documents or hereafter due under that certain Guaranty of Payment of even date herewith, as amended or restated from time to time, agreements executed by Pledgor in connection with or with or relating to the Debtor in favor Note ("Transaction Documents"); (d) all fees payable by Pledgor pursuant to the Note or any of the Secured Party; (b) any sums advanced and any expenses or obligations incurred by the Secured Party pursuant to this Agreement or any other agreement concerning, evidencing or securing obligations of the Debtor to the Secured PartyTransaction Documents; and (ce) any liabilities all extensions, renewals and replacements of all of the Debtor to the Secured Party arising from any sources whatsoeverforegoing.
Appears in 1 contract
Samples: Agreement (Hotelworks Com Inc)
Indebtedness Secured. This AgreementThe borrowing relationship between the Pledgor and the Secured Party may be a continuing one and may include numerous types of extensions of credit, together with loans, overdraft payments or advances made directly or indirectly to or for the benefit of the Pledgor. Accordingly, this Agreement and the Security Interest, Interest created by it secures payment of all obligations of any kind owing by the Debtor Pledgor to the Secured Party (the "Indebtedness"). The Indebtedness includes, without limitation, those obligations of the Debtor Pledgor which: (a) are now existing or hereafter incurred; (b) are direct or indirect; or (c) arise from loans, guaranties, endorsements, letters of credit, reimbursement agreements, drafts, acceptances or otherwise. The Indebtedness may be: (a) related or unrelated to the extension of credit contemplated in that certain Amended and Restated Loan Agreement dated as of the even date hereof herewith between the Borrower Pledgor and the Secured Party (as amended or restated from time to time, the "Loan Agreement"), or any extensions, renewal or modifications thereof; (b) of the same or a different class as the primary obligation; and (c) from time to time reduced or extinguished and thereafter increased or re-incurred. The Indebtedness specifically includes, without limitation, the following: (a) all amounts now or hereafter due under that certain Guaranty of Payment of even date herewith, as amended or restated from time to time, executed by the Debtor in favor of the Secured Party; (b) any sums advanced and any expenses or obligations incurred by the Secured Party pursuant to this Agreement or any other agreement concerning, evidencing or securing obligations of the Debtor Pledgor to the Secured Party; Party and (c) any liabilities of the Debtor Pledgor to the Secured Party arising from any sources whatsoever.
Appears in 1 contract
Indebtedness Secured. This AgreementThe borrowing relationship between the Debtor and the Secured Party may be a continuing one and may include numerous types of extensions of credit, together with loans, overdraft payments or advances made directly or indirectly to or for the benefit of the Debtor. Accordingly, this Agreement and the Security Interest, Interest created by it secures payment of all obligations of any kind owing by the Debtor to the Secured Party (the "Indebtedness"). The Indebtedness includes, without limitation, those obligations of the Debtor which: (a) are now existing or hereafter incurred; (b) are direct or indirect; or (c) arise from loans, guaranties, endorsements, letters of credit, reimbursement agreements, drafts, acceptances or otherwise. The Indebtedness may be: (a) related or unrelated to the extension of credit contemplated in that certain Amended and Restated Loan Agreement Agreement, dated as of the date hereof between the Borrower Debtor and the Secured Party (as amended or restated from time to time, the "Loan Agreement"), or any extensions, renewal or modifications thereof; (b) of the same or a different class as the primary obligation; and (c) from time to time reduced or extinguished and thereafter increased or re-incurred. The Indebtedness specifically includes, without limitation, the following: (a) all amounts now or hereafter due under that certain Guaranty of Payment of even date herewith, as amended or restated from time to time, executed by the Debtor in favor of the Secured Party; (b) any sums advanced and any expenses or obligations incurred by the Secured Party pursuant to this Agreement or any other agreement concerning, evidencing or securing obligations of the Debtor to the Secured Party; Party and (c) any liabilities of the Debtor to the Secured Party arising from any sources whatsoever.
Appears in 1 contract
Indebtedness Secured. This AgreementThe borrowing relationship between the Debtor and the Secured Party may be a continuing one and may include numerous types of extensions of credit, together with loans, overdraft payments or advances made directly or indirectly to or for the benefit of the Debtor. Accordingly, this Agreement and the Security Interest, Interest created by it secures payment of all obligations of any kind owing by the Debtor to the Secured Party (the "Indebtedness"). The Indebtedness includes, without limitation, those obligations of the Debtor which: (a) are now existing or hereafter incurred; (b) are direct or indirect; or (c) arise from loans, guaranties, endorsements, letters of credit, reimbursement agreements, drafts, acceptances or otherwise. The Indebtedness may be: (a) related or unrelated to the extension of credit contemplated in that certain Loan Agreement Agreement, dated as of the date hereof between the Borrower Debtor and the Secured Party (as amended or restated from time to time, the "Loan Agreement"), or any extensions, renewal or modifications thereof; (b) of the same or a different class as the primary obligation; and (c) from time to time reduced or extinguished and thereafter increased or re-incurred. The Indebtedness specifically includes, without limitation, the following: (a) all amounts now or hereafter due under that certain Guaranty of Payment of even date herewith, as amended or restated from time to time, executed by the Debtor in favor of the Secured Party; (b) any sums advanced and any expenses or obligations incurred by the Secured Party pursuant to this Agreement or any other agreement concerning, evidencing or securing obligations of the Debtor to the Secured Party; Party and (c) any liabilities of the Debtor to the Secured Party arising from any sources whatsoever.
Appears in 1 contract
Indebtedness Secured. This Agreement, together with Agreement and the Security Interest, secures Interest --------------------- created by it secure payment of all obligations indebtedness of any every kind owing by the Debtor to the Secured Party or to any party included within the definition of "Secured Party", whether now existing or hereafter incurred, direct or indirect, and whether the indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred (the "Indebtedness"). The Indebtedness includes, without limitation, those obligations of the Debtor which: (a) are now existing or hereafter incurred; (b) are direct or indirect; or (c) arise from loans, guaranties, endorsements, letters of credit, reimbursement agreements, drafts, acceptances or otherwise. The Indebtedness may be: (a) related or unrelated to the extension of credit contemplated in that certain Loan Agreement dated as of the date hereof between the Borrower and the Secured Party (as amended or restated from time to time, the "Loan Agreement"), or any extensions, renewal or modifications thereof; (b) of the same or a different class as the primary obligation; and (c) from time to time reduced or extinguished and thereafter increased or re-incurred. The Indebtedness specifically includes, without limitation, the following: (a) all amounts now or hereafter due under that certain Guaranty of Payment of even date herewith, as amended or restated from time to time, executed by the Debtor in favor of the Secured Party; (b) includes any sums advanced and any expenses or obligations incurred by the Secured Party pursuant to this Agreement or any other agreement concerningAgreement, evidencing or securing obligations of the Debtor and includes but is not limited to the Secured Partyindebtedness evidenced by (a) the certain Promissory Note of even date herewith in the original principal amount of FOUR MILLION DOLLARS ($4,000,000.00), a copy of which is attached as Exhibit "C" (the "Goodwill Note"); and (cb) any liabilities of the certain Promissory Note to be given by Debtor to the Secured Party arising from any sources whatsoeverunder Section 1.1(b) of the "Asset Purchase Agreement" (as defined hereinbelow), a copy of the agreed upon form of which is attached hereto as Exhibit "D" (the "Loan Amount Note"); (c) that certain Employment/Non-Competition/Non-Disclosure Agreement of even date herewith, a copy of which is attached hereto as Exhibit "E" (the "Xxxxx Agreement"); (d) that certain Unconditional and Continuing Guaranty of even date herewith executed by Xxxxxx-American (the "Guaranty"); and (e) that certain Asset Purchase Agreement dated October 17, 1995 between the parties hereto (the "Asset Agreement").
Appears in 1 contract