Interest in Collateral. 26 5.2 Lien Perfection, Further Assurances.............................................................26 5.3 Lien on Realty..................................................................................27
Interest in Collateral. Until the Payment in Full of Obligations or until this Mortgage is otherwise released in whole or in part pursuant to Section 7.4, subject to any actions that are permitted under the Credit Agreement, Mortgagor will preserve its interest in and title to the Collateral and will forever warrant and defend the same to Mortgagee and will forever warrant and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever other than holders of Permitted Liens with respect to such Permitted Liens.
Interest in Collateral. The provisions of this Agreement and the other Loan Documents create legal and valid Liens on and security interests in, all the Collateral purported to be secured by the Collateral Documents in favor of the Administrative Agent, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral except (i) Permitted Encumbrances to the extent any such Permitted Encumbrances would have priority over the Liens in favor of the Administrative Agent pursuant to any applicable law and (ii) Liens perfected only by possession (including possession of any certificate of title), but only to the extent the Administrative Agent has not obtained or does not maintain possession of such Collateral.
Interest in Collateral. To secure the prompt payment and performance to the Lender Group of the Obligations, each Obligor hereby grants to Collateral Agent, for the benefit of the Lender Group, a continuing Lien upon all right, title, and interest of such Obligor in and to all currently existing and hereafter acquired or arising Collateral (excluding, however, any real Property or estates or interests therein). Collateral Agent's Liens on all such Collateral shall attach thereto without further act on the part of the Lender Group or such Obligor.
Interest in Collateral. To secure the prompt payment and performance to Lender of the Obligations, each Borrower hereby grants to Lender a continuing security interest in and Lien upon all of each Borrower's assets, whether now owned or existing or hereafter created, acquired or arising and wheresoever located including, without limitation, the following Property and interests in Property of each Borrower:
(A) Accounts;
(B) Certificated Securities;
(C) Chattel Paper;
(D) Computer Hardware and Software and all rights with respect thereto, including, any and all licenses, options, warranties, service contracts, program services, test rights, maintenance rights, support rights, improvement rights, renewal rights and indemnifications, and any substitutions, replacements, additions or model conversions of any of the foregoing;
(E) Contract Rights;
(F) Deposit Accounts;
(G) Documents;
(H) Equipment;
(I) Financial Assets;
(J) Fixtures;
(K) General Intangibles, including Payment Intangibles and Software;
(L) Goods (including all of its Equipment, Fixtures and Inventory), and all accessions, additions, attachments, improvements, substitutions and replacements thereto and therefor;
(M) Instruments;
(N) Intellectual Property;
(O) Inventory;
(P) Investment Property;
(Q) money (of every jurisdiction whatsoever);
(R) Letter-of-Credit Rights;
(S) Payment Intangibles;
(T) Security Entitlements;
(U) Software;
(V) Supporting Obligations;
(W) Uncertificated Securities; and
(X) to the extent not included in the foregoing, all other personal property of any kind or description; together with all books, records, writings, data bases, information and other property relating to, used or useful in connection with, or evidencing, embodying, incorporating or referring to any of the foregoing, and all Proceeds, products, offspring, rents, issues, profits and returns of and from any of the foregoing; provided that to the extent that the provisions of any lease or license of Computer Hardware and Software or Intellectual Property expressly prohibit (which prohibition is enforceable under applicable law) any assignment thereof, and the grant of a security interest therein, Lender will not enforce its security interest in Borrower's rights under such lease or license (other than in respect of the Proceeds thereof) for so long as such prohibition continues, it being understood that upon request of Lender, Borrower will in good faith use reasonable efforts to obtain consent for the creation of a security interest...
Interest in Collateral. To secure the prompt payment and performance to Lender of the Obligations, Borrower hereby grants to Lender a continuing Lien upon all of the following Property and interests in Property of Borrower, whether now owned or existing or hereafter created, acquired, or arising and wheresoever located:
(a) the Related Accounts;
(b) the Related Inventory;
(c) the Related Equipment;
(d) the Related General Intangibles;
(e) the Related Rents;
(f) All monies and other Property of any kind now or at any time or times hereafter in the possession or under the control of Lender or a bailee or Affiliate of Lender;
(g) All accessions to, substitutions for and all replacements, products and cash and non-cash proceeds of (a) through (f) above, including, without limitation, proceeds of and unearned premiums with respect to insurance policies insuring any of the Collateral; and
Interest in Collateral. The Collateral Documents, upon execution and delivery thereof by the parties thereto, will create in favor of the Administrative Agent, for the benefit of the Secured Parties, a valid and enforceable security interest in the Collateral covered thereby and (i) when the Collateral constituting certificated securities (as defined in the UCC) is delivered to the Administrative Agent, together with instruments of transfer duly endorsed in blank, the Liens under the Collateral Documents will constitute a fully perfected security interest in all right, title and interest of the respective Loan Parties thereunder in such Collateral, prior and superior in right to any other Person, except for Liens permitted by Section 6.02 to be prior and superior or pari passu in right to the Liens under the Collateral Documents and (ii) when (x) financing statements (or their equivalent) in appropriate form are filed in the applicable filing offices and (y) intellectual property security agreements are filed in and recorded by the United States Patent and Trademark Office or the United States Copyright Office, as applicable, the security interest created under the Collateral Documents will constitute a fully perfected security interest in all right, title and interest of the respective Loan Parties in the remaining Collateral to the extent perfection can be obtained by filing UCC financing statements (or their equivalent), or intellectual property security agreements, prior and superior to the rights of any other Person, except for Liens permitted by Section 6.02 to be prior and superior or pari passu in right to the Liens under the Collateral Documents.
Interest in Collateral. The Banks shall have no interest in any property as such taken by the Agent as collateral for the Loans or for the Bond, or for any other loans or extensions of credit made to or for the Obligors, or in any property in the Agent's possession or control, or in any deposit held or other indebtedness owing by the Agent, which may be or become collateral for or otherwise available for payment of the Loans or the Bond by reason of the general description of secured obligations contained in any security agreement or other agreement or instrument held by the Agent or by reason of the right of set-off, counterclaim or otherwise. Notwithstanding any other provisions of this Credit Agreement, if any such property, deposit or indebtedness or the proceeds thereof shall be applied in reduction of the Loans or the Bond, then each Bank shall be entitled to a share of such application determined by reference to its Commitment Percentage for Loans and Commitment Percentage for Bond, as the case may be. Nothing contained in this Credit Agreement shall impair or otherwise affect the obligations of Obligors to the Agent arising under the Credit Documents, the validity of any collateral security in favor of the Agent or the perfection and priority of any security interest in favor of the Agent.
Interest in Collateral. No Person, party, firm or corporation has (1) any possessory interest (other than Permitted Liens) in Borrower’s rights to the Collateral, or (2) an option to purchase all or a substantial portion of the Collateral or an interest therein.
Interest in Collateral. The Collateral shall be held by the Collateral Agent for the benefit of all of the Lenders to secure the Obligations. Each Lender shall have an undivided interest in the Collateral, with the distribution of the proceeds thereof to be as described in Section 2.2 hereof.
