Common use of L E O F C O N T E N T S Clause in Contracts

L E O F C O N T E N T S. Section Page Section 1. Grant of Security 2 Section 2. Security for Obligations; Excluded Property 6 Section 3. Grantors Remain Liable 7 Section 4. Delivery and Control of Security Collateral 7 Section 5. Maintaining the Account Collateral 8 Section 6. Investing of Amounts in the L/C Collateral Account 10 Section 7. Release of Amounts 10 Section 8. Representations and Warranties 10 Section 9. Further Assurances 12 Section 10. As to Equipment and Inventory 12 Section 11. Insurance 12 Section 12. Post-Closing Changes; Bailees; Collections on Receivables and Related Contracts 13 Section 13. As to Intellectual Property Collateral 13 Section 15. Transfers and Other Liens; Additional Shares 16 Section 16. Collateral Agent Appointed Attorney-in-Fact 16 Section 17. Collateral Agent May Perform 16 Section 18. The Collateral Agent’s Duties 16 Section 19. Remedies 17 Section 20. Indemnity and Expenses 19 Section 21. Amendments; Waivers; Additional Grantors; Etc. 20 Section 22. Notices, Etc. 20 Section 23. Continuing Security Interest; Assignments under the Credit Agreement 20 Section 24. Release; Termination 21 Section 25. Execution in Counterparts 21 Section 26. The Mortgages 21 Section 27. Governing Law 22 Section 28. Amendment and Restatement 22 Schedules Schedules I - Location, Chief Executive Office, Place Where Agreements Are Maintained, Type Of Organization, Jurisdiction Of Organization And Organizational Identification Number Schedule II - Pledged Equity Schedule III - Locations of Equipment and Inventory Schedule IV - Changes in Name, Location, Etc. Schedule V - Patents, Trademarks and Trade Names and Copyrights Schedule VI - Account Collateral Schedule VII - Account Collateral not Subject to Account Control Agreement Schedule VIII - Securities Accounts Schedule IX - Immaterial Assets Schedule X - Rolling Stock Exhibits Exhibit A - Form of Security Agreement Supplement Exhibit B - Form of Intellectual Property Security Agreement Exhibit C - Form of Intellectual Property Security Agreement Supplement Exhibit D - Form of Memorandum of Security Agreement AMENDED AND RESTATED SECURITY AGREEMENT AMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement”) dated July 12, 2011 made by The Kansas City Southern Railway Company, a Missouri corporation (the “Borrower”), Kansas City Southern (the “Parent”), the other Persons described on the signature pages hereof and the Additional Grantors (as defined in Section 21) (the Borrower, the Persons so described on the signature pages hereof and the Additional Grantors being, collectively, the “Grantors”), to The Bank of Nova Scotia, as collateral agent (in such capacity, together with any successor collateral agent appointed pursuant to Article VII of the Credit Agreement (as hereinafter defined), the “Collateral Agent”) for the Secured Parties (as defined in the Credit Agreement).

Appears in 1 contract

Samples: Security Agreement (Kansas City Southern)

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L E O F C O N T E N T S. Section Page Section SECTION 1. Grant Guaranty; Limitation of Security Liability 2 Section SECTION 2. Security for Obligations; Excluded Property 6 Section Guaranty Absolute 3 SECTION 3. Grantors Remain Liable 7 Section Waivers and Acknowledgments 4 SECTION 4. Delivery and Control of Security Collateral 7 Section Subrogation 5 SECTION 5. Maintaining the Account Collateral 8 Section Payments Free and Clear of Taxes, Etc 6 SECTION 6. Investing of Amounts in the L/C Collateral Account 10 Section 7. Release of Amounts 10 Section 8. Representations and Warranties 10 Section 97 SECTION 7. Further Assurances 12 Section 10. As to Equipment and Inventory 12 Section 11. Insurance 12 Section 12. Post-Closing Changes; Bailees; Collections on Receivables and Related Contracts 13 Section 13. As to Intellectual Property Collateral 13 Section 15. Transfers and Other Liens; Additional Shares 16 Section 16. Collateral Agent Appointed Attorney-in-Fact 16 Section 17. Collateral Agent May Perform 16 Section 18. The Collateral Agent’s Duties 16 Section 19. Remedies 17 Section 20. Indemnity and Expenses 19 Section 21Covenants 7 SECTION 8. Amendments; Waivers; Additional Grantors; Etc. 20 Section 22, Guaranty Supplements, Etc 8 SECTION 9. Notices, EtcEtc 8 SECTION 10. 20 Section 23No Waiver; Remedies 8 SECTION 11. Right of Set-off 8 SECTION 12. Continuing Security InterestGuaranty; Assignments under the Credit Agreement 20 Section 249 SECTION 13. ReleaseFees and Expenses; Termination 21 Section 25Indemnification 9 SECTION 14. Subordination 10 SECTION 15. Right of Contribution 11 SECTION 16. Execution in Counterparts 21 Section 26. The Mortgages 21 Section 2711 SECTION 17. Governing Law 22 Section 28Law; Jurisdiction; Waiver of Jury Trial, Etc 11 SECTION 18. Amendment and Restatement 22 Schedules Schedules I - Location, Chief Executive Office, Place Where Agreements Are Maintained, Type Of Organization, Jurisdiction Of Organization And Organizational Identification Number Schedule II - Pledged Equity Schedule III - Locations of Equipment and Inventory Schedule IV - Changes in Name, Location, EtcSeverability 13 SECTION 19. Schedule V - Patents, Trademarks and Trade Names and Copyrights Schedule VI - Account Headings 13 SECTION 20. Guaranty Enforceable by Administrative Agent or Collateral Schedule VII - Account Collateral not Subject to Account Control Agreement Schedule VIII - Securities Accounts Schedule IX - Immaterial Assets Schedule X - Rolling Stock Exhibits Agent 13 Exhibit A - Form – Guaranty Supplement Schedule I – Provisions applicable to certain Guarantors that are Foreign Subsidiaries SUBSIDIARY GUARANTY SUBSIDIARY GUARANTY dated as of Security Agreement Supplement Exhibit B - Form of Intellectual Property Security Agreement Exhibit C - Form of Intellectual Property Security Agreement Supplement Exhibit D - Form of Memorandum of Security Agreement AMENDED AND RESTATED SECURITY AGREEMENT AMENDED AND RESTATED SECURITY AGREEMENT February 1, 2013 (as amended, modified, restated and/or supplemented from time to time, this “AgreementGuaranty”) dated July 12, 2011 made by The Kansas City Southern Railway Company, a Missouri corporation (among the “Borrower”), Kansas City Southern (the “Parent”), the other Persons described listed on the signature pages hereof and the Additional Grantors Guarantors (as defined in Section 218(b)) (the Borrower, the such Persons so described on the signature pages hereof listed and the Additional Grantors Guarantors being, collectively, the “GrantorsGuarantors” and, individually, each a “Guarantor), to The ) in favor of Barclays Bank of Nova ScotiaPLC, as collateral administrative agent (in such capacity, capacity together with any successor collateral agent appointed pursuant to Article VII of the Credit Agreement (as hereinafter defined)administrative agent, the “Collateral Administrative Agent”) for the benefit of the Secured Parties (as defined in the Credit AgreementAgreement referred to below).

Appears in 1 contract

Samples: Subsidiary Guaranty (Axalta Coating Systems Ltd.)

L E O F C O N T E N T S. Section Page Section 1. Grant of Security 2 Section 2. Security for Obligations; Excluded Property 6 Obligations 7 Section 3. Grantors Remain Liable 7 8 Section 4. Delivery and Control of Security Collateral 7 8 Section 5. Maintaining the Account Collateral 8 9 Section 6. Investing of Amounts in the L/C Cash Collateral Account 10 9 Section 7. Release of Amounts [Reserved] 10 Section 8. Representations and Warranties 10 Section 9. Further Assurances 12 15 Section 10. As to Equipment and Inventory 12 16 Section 11. Insurance 12 16 Section 12. Post-Closing Changes; Bailees; Collections on Assigned Agreements, Receivables and Related Contracts 13 17 Section 13. As to Intellectual Property Collateral 13 18 Section 14. Voting Rights; Dividends; Etc. 20 Section 15. As to the Assigned Agreements 21 Section 16. As to Letter-of-Credit Rights 22 Section 17. Commercial Tort Claims 22 Section 18. Transfers and Other Liens; Additional Shares 16 Liens 23 Section 1619. Collateral Agent Appointed Attorney-in-Fact 16 23 Section 1720. Collateral Agent May Perform 16 23 Section 1821. The Collateral Agent’s Duties 16 23 Section 1922. Remedies 17 24 Section 2023. Indemnity and Expenses 19 26 Section 2124. Amendments; Waivers; Additional Grantors; Etc. 20 26 Section 2225. Notices, Etc. 20 27 Section 2326. Continuing Security Interest; Assignments under the Credit Loan Agreement 20 27 Section 2427. Release; Termination 21 27 Section 2528. Execution in Counterparts 21 28 Section 26. The Mortgages 21 Section 2729. Governing Law 22 28 Section 2830. Amendment and Restatement 22 Loan Agreement 28 Section 31. Intercreditor Agreement 28 Schedules Schedules Schedule I - Location, Investment Property Schedule II - Pledged Deposit Accounts Schedule III - Assigned Agreements Schedule IV - Intellectual Property Schedule V - Commercial Tort Claims Schedule VI - Chief Executive Office, Place Where Agreements Are Maintained, Type Of of Organization, Jurisdiction Of of Organization And and Organizational Identification Number Schedule II VII - Pledged Equity Changes in Name, Etc. Schedule III VIII - Locations of Equipment and Inventory Schedule IV - Changes in Name, Location, Etc. Schedule V - Patents, Trademarks and Trade Names and Copyrights Schedule VI - Account Collateral Schedule VII - Account Collateral not Subject to Account Control Agreement Schedule VIII - Securities Accounts Schedule IX - Immaterial Assets Letters of Credit Schedule X - Rolling Stock Terms Defined in Intercreditor Agreement Exhibits Exhibit A - Form of Second Lien Intellectual Property Security Agreement Supplement Exhibit B - Form of Intellectual Property Security Agreement Exhibit C - Form of Second Lien Intellectual Property Security Agreement Supplement Exhibit D C - Form of Memorandum of Security Agreement AMENDED AND RESTATED Supplement SECURITY AGREEMENT AMENDED AND RESTATED SECURITY AGREEMENT (this “Agreement”) dated July 122, 2011 2009 made by The Kansas City Southern Railway CompanySOLO CUP COMPANY, a Missouri Delaware corporation (the “BorrowerCompany”), Kansas City Southern SOLO CUP OPERATING CORPORATION, a Delaware corporation (“SCOC,” and together with the Company, the “ParentBorrowers”), and the other Persons described listed on the signature pages hereof and the Additional Grantors (as defined in Section 21) (the Borrower, Borrowers and the Persons so described on the signature pages hereof and the Additional Grantors listed being, collectively, the “Grantors”), to The Bank of Nova ScotiaAmerica, N.A., as collateral administrative agent (in such capacity, together with any successor collateral administrative agent appointed pursuant to Article VII Section 12 of the Credit Loan Agreement (as hereinafter defined), the “Collateral Agent”) for the Secured Parties (as defined in the Credit Loan Agreement).

Appears in 1 contract

Samples: Security Agreement (Solo Cup CO)

L E O F C O N T E N T S. Section Page Section 1. Grant of Security 2 Section 2. Security for Obligations; Excluded Property 6 Obligations 7 Section 3. Grantors Remain Liable 7 Section 4. Delivery and Control of Security Collateral 7 Section 5. Maintaining the Account Collateral Representations and Warranties 8 Section 6. Investing of Amounts in the L/C Collateral Account 10 Further Assurances 11 Section 7. Release of Amounts 10 Section 8. Representations and Warranties 10 Section 9. Further Assurances 12 Section 10. As to Equipment and Inventory 12 Section 118. Insurance 12 Section 129. Post-Closing Changes; Bailees; Collections on Receivables and Related Contracts 13 Section 1310. As to Intellectual Property Collateral 13 Section 1511. Transfers Voting Rights; Dividends; Etc 16 Section 12. Transfer and Other Liens; Additional Shares 16 18 Section 1613. Collateral Agent Appointed Attorney-in-Fact 16 18 Section 1714. Collateral Agent May Perform 16 18 Section 1815. The Collateral Agent’s Duties 16 18 Section 1916. Remedies 17 19 Section 2017. Maintenance of Records 21 Section 18. Indemnity and Expenses 19 21 Section 2119. Limitations on Liens on Collateral 22 Section 20. Amendments; Waivers; Additional Grantors; Etc. 20 Etc 22 Section 2221. Notices, Etc. 20 Etc 23 Section 2322. Continuing Security Interest; Assignments under Under the Credit Agreement 20 23 Section 2423. Release; Termination 21 23 Section 2524. Execution in Counterparts 21 23 Section 26. The Mortgages 21 Section 2725. Governing Law 22 Section 28. Amendment and Restatement 22 23 Xxxx – Revolving Facility Security Agreement Schedules Schedules Schedule I - Location, Investment Property Schedule II - Pledged Deposit Accounts/Securities Accounts Schedule III - Intellectual Property Schedule IV - Chief Executive Office, Place Where Agreements Are Maintained, Type Of of Organization, Jurisdiction Of of Organization And and Organizational Identification Number Schedule II - Pledged Equity Schedule III - Locations of Equipment and Inventory Schedule IV V - Changes in Name, Location, Etc. Schedule V - Patents, Trademarks and Trade Names and Copyrights Schedule VI - Account Collateral Locations of Equipment and Inventory Schedule VII - Account Collateral not Subject to Account Control Agreement Schedule VIII - Securities Accounts Schedule IX - Immaterial Assets Schedule X - Rolling Stock Letters of Credit Exhibits Exhibit A - Form of Revolving Facility Security Agreement Supplement Exhibit B - Form of Intellectual Property Notice of Grant of Security Agreement Interest in [Copyright] [Patent] [Trademark] Exhibit C - Form of Intellectual Property Security Agreement Supplement Exhibit D - Form Notice of Memorandum Grant of Security Agreement AMENDED AND RESTATED Interest in [Copyright] [Patent] [Trademark] Supplement REVOLVING FACILITY SECURITY AGREEMENT AMENDED AND RESTATED REVOLVING FACILITY SECURITY AGREEMENT AGREEMENT, dated as of June 9, 2016 (this “Agreement”) dated July 12), 2011 made by The Kansas City Southern Railway Company, a Missouri corporation XXXX HOLDING CORPORATION (the “Borrower”), Kansas City Southern (the “Parent”), the other Persons described listed on the signature pages hereof and the Additional Grantors (as defined in Section 2120) (the Borrower, the Persons so described on the signature pages hereof listed and the Additional Grantors being, collectively, the “Grantors”), to The Bank of Nova ScotiaCITIBANK, N.A., (“CITI”), as collateral agent (in such capacity, together with any successor collateral agent appointed pursuant to Article VII of the Credit Agreement (as hereinafter defined), the “Collateral Agent”) for the Secured Parties (as defined in the Credit AgreementAgreement referred to below).

Appears in 1 contract

Samples: Revolving Facility Security Agreement (Dana Holding Corp)

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L E O F C O N T E N T S. Section Page Section 1. Grant of Security 2 Section 2. Security for Obligations; Excluded Property 6 Obligations 4 Section 3. Grantors Remain Liable 7 4 Section 4. Delivery and Control of Security Collateral 7 4 Section 5. Maintaining the Account Collateral 8 5 Section 6. Investing of Amounts in the L/C Collateral Account 10 6 Section 7. Release of Amounts 10 6 Section 8. Representations and Warranties 10 6 Section 9. Further Assurances 12 8 Section 10. As to Equipment and Inventory 12 9 Section 11. Insurance 12 9 Section 12. Post-Closing Changes; Bailees; Collections on Receivables and Related Contracts 13 9 Section 13. As to Material Intellectual Property Collateral 13 10 Section 15. Transfers and Other Liens; Additional Shares 16 Section 1614. Collateral Agent Appointed Attorney-in-Fact 16 11 Section 1715. Collateral Agent May Perform 16 12 Section 1816. The Collateral Agent’s Duties 16 12 Section 17. Remedies 13 Section 18. Maintenance of Records 14 Section 19. Remedies 17 Section 20. Indemnity and Expenses 19 15 Section 20. Limitations on Liens on Collateral 15 Section 21. Amendments; Waivers; Additional Grantors; Etc. 20 15 Section 22. Notices, Etc. 20 Etc 16 Section 23. Continuing Security Interest; Assignments under Under the Credit Agreement 20 16 Section 24. Release; Termination 21 16 Section 25. Certain Provisions in Respect of Mexican Inventory 17 Xxxx – Security Agreement Section 26. Execution in Counterparts 21 Section 26. The Mortgages 21 18 Section 27. Governing Law 22 Section 28. Amendment and Restatement 22 18 Schedules Schedules Schedule I - Location, Pledged Deposit Accounts/Securities Accounts Schedule II - [Reserved] Schedule III - Chief Executive Office, Place Where Agreements Are Maintained, Type Of of Organization, Jurisdiction Of of Organization And and Organizational Identification Number Schedule II - Pledged Equity Schedule III - Locations of Equipment and Inventory Schedule IV - Changes in Name, Location, Etc. Schedule V - Patents, Trademarks and Trade Names and Copyrights Schedule VI - Account Collateral Schedule VII - Account Collateral not Subject to Account Control Agreement Schedule VIII - Securities Accounts Schedule IX - Immaterial Assets Schedule X - Rolling Stock Locations of Inventory Exhibits Exhibit A - Form of Security Agreement Supplement Exhibit B - Form of Intellectual Property Security Agreement Exhibit C - Form of Intellectual Property Security Agreement Supplement Exhibit D - Form of Memorandum of Xxxx – Security Agreement AMENDED AND RESTATED SECURITY AGREEMENT AMENDED AND RESTATED SECURITY AGREEMENT AGREEMENT, dated as of June 20, 2013 (this “Agreement”) dated July 12), 2011 made by The Kansas City Southern Railway Company, a Missouri corporation XXXX HOLDING CORPORATION (the “Borrower”), Kansas City Southern (the “Parent”), the other Persons described listed on the signature pages hereof and the Additional Grantors (as defined in Section 21) (the Borrower, the Persons so described on the signature pages hereof listed and the Additional Grantors being, collectively, the “Grantors”), to The Bank of Nova ScotiaCITIBANK, N.A., as collateral agent (in such capacity, together with any successor collateral agent appointed pursuant to Article VII of the Credit Agreement (as hereinafter defined), the “Collateral Agent”) for the Secured Parties (as defined in the Credit AgreementAgreement referred to below).

Appears in 1 contract

Samples: Security Agreement (Dana Holding Corp)

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