Liens; Setoff. The Borrower hereby grants to the Lender as additional collateral and security for all of the Obligations, a continuing Lien on any and all monies, Securities, and other personal property of the Borrower and any and all proceeds thereof, now or hereafter held or received by, or in transit to, the Lender or any Affiliate of the Lender from, or for the account of, the Borrower, and also upon any and all depository accounts (whether general or special) and credits of the Borrower, if any, with the Lender or any Affiliate of the Lender, at any time existing, excluding any depository accounts held by the Borrower in its capacity as trustee for Persons who are not Affiliates of the Borrower. Without implying any limitation on any other rights the Lender may have under the Financing Documents or applicable Laws, during the continuance of an Event of Default, the Lender is hereby authorized by the Borrower at any time and from time to time at the Lender's option, without notice to, or consent of, the Borrower, to set off, appropriate, seize, freeze and apply any or all items hereinabove referred to against all Obligations then outstanding (whether or not then due), all in such order and manner as shall be determined by the Lender in its sole and absolute discretion.
Appears in 3 contracts
Samples: Financing and Security Agreement (Sensys Technologies Inc), Financing and Security Agreement (Weston Roy F Inc), Financing and Security Agreement (Halifax Corp)
Liens; Setoff. The Borrower hereby grants to the Lender as additional collateral Agent and security to the Lenders a continuing Lien for all of the Obligations (including, without limitation, the Agent's Obligations, a continuing Lien on ) upon any and all monies, Securitiessecurities, and other personal property cash deposits of the Borrower and any and all the proceeds thereof, now or hereafter held or received by, by or in transit to, the Lender or Agent, any of the Lenders, and/or any Affiliate of the Lender fromAgent and/or any of the Lenders, from or for the account of, the Borrower, and also upon any and all depository deposit accounts (whether general or special) and credits of the Borrower, if any, with the Lender Agent, any of the Lenders or any Affiliate of the LenderAgent or any of the Lenders, at any time existing, excluding any depository deposit accounts held by the Borrower in its capacity as trustee for Persons who are not Affiliates or Subsidiaries of the Borrower. Without implying any limitation on any other rights the Lender Agent and/or the Lenders may have under the Financing Documents or applicable Laws, during the continuance of an Event of Default, the Lender Agent is hereby authorized by the Borrower at any time and from time to time at the Lender's optiontime, without notice to, or consent of, to the Borrower, to set off, appropriate, seize, freeze appropriate and apply any or all items hereinabove referred to against all Obligations (including, without limitation, the Agent's Obligations) then outstanding (whether or not then due), all in such order and manner as shall be determined by the Lender Agent in its sole and absolute discretion.
Appears in 3 contracts
Samples: Financing and Security Agreement (BPC Holding Corp), Financing and Security Agreement (BPC Holding Corp), Financing and Security Agreement (BPC Holding Corp)
Liens; Setoff. The Borrower hereby grants to the Lender as additional collateral and security for all of the Obligations, a continuing Lien on any and all monies, Securities, and other personal property like assets of the Borrower and any and all proceeds thereof, now or hereafter held or received by, or in transit to, the Lender or any Affiliate of the Lender from, or for the account of, the Borrower, and also upon any and all depository accounts (whether general or special) and credits of the Borrower, if any, with the Lender or any Affiliate of the Lender, at any time existing, excluding any depository accounts held by the Borrower in its capacity as trustee for Persons who are not Affiliates of the Borrower. Without implying any limitation on any other rights the Lender may have under the Financing Documents or applicable Laws, during the continuance of an Event of Default, the Lender is hereby authorized by the Borrower at any time and from time to time at the Lender's option, without notice to, or consent of, the Borrower, to set off, appropriate, seize, freeze and apply any or all items hereinabove referred to against all Obligations then outstanding (whether or not then due), all in such order and manner as shall be determined by the Lender in its sole and absolute discretion.
Appears in 2 contracts
Samples: Financing Agreement (American Woodmark Corp), Financing Agreement (American Woodmark Corp)
Liens; Setoff. The Each Borrower hereby grants to the Lender as additional collateral and security for all of the Obligations, a continuing Lien on any and all monies, Securities, and other personal property of the such Borrower and any and all proceeds thereof, now or hereafter held or received by, or in transit to, the Lender or any Affiliate of the Lender from, or for the account of, the any Borrower, and also upon any and all depository accounts (whether general or special) and credits of the each Borrower, if any, with the Lender or any Affiliate of the Lender, at any time existing, excluding any depository accounts held by the any Borrower in its capacity as trustee for Persons who are not Affiliates of the a Borrower. Without implying any limitation on any other rights the Lender may have under the Financing Documents or applicable Laws, during the continuance of an Event of Default, the Lender is hereby authorized by the each Borrower at any time and from time to time at the Lender's option, without notice to, or consent of, the any Borrower, to set off, appropriate, seize, freeze and apply any or all items hereinabove referred to against all Obligations then outstanding (whether or not then due), all in such order and manner as shall be determined by the Lender in its sole and absolute discretion.
Appears in 1 contract
Liens; Setoff. The Borrower Borrowers hereby grants to the Lender as additional collateral and security for all of the Obligations, a continuing Lien on any and all monies, Securitiessecurities, and other personal property of the Borrower Borrowers and any and all proceeds thereof, now or hereafter held (except as provided in the last sentence of Section 2.5.10 hereof) or received by, or in transit to, the Lender or any Affiliate of the Lender from, or for the account of, the BorrowerBorrowers, and also upon any and all depository accounts (whether general or special) and credits of the BorrowerBorrowers, if any, with the Lender or any Affiliate of the Lender, at any time existing, excluding any depository accounts held by the Borrower Borrowers in its their capacity as trustee for Persons who are not Affiliates of the BorrowerBorrowers. Without implying any limitation on any other rights the Lender may have under the Financing Documents or applicable Laws, during the continuance of an Event of Default, the Lender is hereby authorized by the Borrower Borrowers at any time and from time to time at the Lender's option, without notice to, or consent of, the BorrowerBorrowers, to set off, appropriate, seize, freeze and apply any or all items hereinabove referred to against all Obligations then outstanding (whether or not then due), all in such order and manner as shall be determined by the Lender in its sole and absolute discretion.
Appears in 1 contract
Samples: Financing and Security Agreement (Kimberton Enterprises Inc)
Liens; Setoff. The Subject to Section 2.6.8(f), each Borrower hereby grants to the Lender as additional collateral and security for all of the its Obligations, a continuing Lien on any and all monies, SecuritiesInvestment Property, and other personal property of such Borrower, in each case excluding the Borrower Excluded Assets, and any and all proceeds thereof, now or hereafter held or received by, by or in transit to, the Lender or Lender, and/or any Affiliate of the Lender fromLender, from or for the account of, the such Borrower, and also upon any and all depository deposit accounts (whether general or special) and credits of the such Borrower, if any, with the Lender or any Affiliate of the Lender, at any time existing, excluding any depository deposit accounts held by the such Borrower in its capacity as trustee for Persons who are not Affiliates of the such Borrower. Without implying any limitation on any other rights the Lender may have under the Financing Documents or applicable Laws, during the continuance of an Event of Default, the Lender is hereby authorized by the each Borrower at any time and from time to time at the Lender's optiontime, without notice to, or consent of, the any Borrower, to set off, appropriate, seize, freeze and apply any or all items hereinabove referred to against all Obligations then outstanding (whether or not then due), all in such order and manner as shall be determined by the Lender in its sole and absolute discretion.
Appears in 1 contract
Samples: Financing and Security Agreement (Gp Strategies Corp)
Liens; Setoff. The Borrower hereby grants to the Lender as additional collateral and security for all of the Obligations, a continuing Lien on any and all monies, Securitiesinvestment property, and other personal property of the Borrower and any and all proceeds thereof, now or hereafter held or received by, or in transit to, the Lender or any Affiliate of the Lender from, or for the account of, the Borrower, and also upon any and all depository deposit accounts (whether general or special) and credits of the Borrower, if any, with the Lender or any Affiliate of the Lender, at any time existing, excluding any depository deposit accounts held by the Borrower in its capacity as trustee for Persons who are not Affiliates of the Borrower. Without implying any limitation on any other rights the Lender may have under the Financing Documents or applicable Laws, during the continuance of an Event of Default, the Lender is hereby authorized by the Borrower at any time and from time to time at the Lender's option, without notice to, or consent of, the Borrower, to set off, appropriate, seize, freeze and apply any or all items hereinabove referred to against all Obligations then outstanding (whether or not then due), all in such order and manner as shall be determined by the Lender in its sole and absolute discretion.
Appears in 1 contract
Liens; Setoff. The In addition to the Liens set forth in ARTICLE 3, the Borrower hereby grants to the Lender Agent and to each of the Lenders a continuing Lien as additional collateral and security for all of the Obligations, a continuing Lien on Obligations upon any and all monies, Securitiessecurities, and other personal property of the Borrower and any and all the proceeds thereof, now or hereafter held or received by, by or in transit to, the Lender or Agent, any of the Lenders, and/or any Affiliate of the Lender fromAgent and/or any of the Lenders, from or for the account of, the Borrower, and also upon any and all depository deposit accounts (whether general or special) and credits of the Borrower, if any, with the Lender Agent, any of the Lenders or any Affiliate of the LenderAgent or any of the Lenders, at any time existing, excluding any depository deposit accounts held by the Borrower in its capacity as trustee for Persons who are not Affiliates of the Borrowertrustee. Without implying any limitation on any other rights the Lender Agent and/or any of the Lenders may have under the Financing Documents or applicable Laws, during the continuance of an Event of Default, the Lender Agent is hereby authorized by the Borrower at any time and from time to time at the Lender's optiontime, without notice to, or consent of, to the Borrower, to set off, appropriate, seize, freeze appropriate and apply any or all items hereinabove referred to against all Obligations (including without limitation the Agent's Obligations) then outstanding (whether or not then due), all in such order and manner as shall be determined by the Lender Agent in its sole and absolute discretion.
Appears in 1 contract
Samples: Financing and Security Agreement (Reunion Industries Inc)
Liens; Setoff. The Each Borrower hereby grants to the Lender as additional collateral and security for all of the Obligations, a continuing Lien on any and all monies, SecuritiesInvestment Property, and other personal property of Borrower, in each case excluding the Borrower Excluded Assets, and any and all proceeds thereof, now or hereafter held or received by, by or in transit to, the Lender or Lender, and/or any Affiliate of the Lender fromLender, from or for the account of, the Borrower, and also upon any and all depository deposit accounts (whether general or special) and credits of the Borrower, if any, with the Lender or any Affiliate of the Lender, at any time existing, excluding any depository deposit accounts held by the Borrower in its capacity as trustee for Persons who are not Affiliates of the Borrower. Without implying any limitation on any other rights the Lender may have under the Financing Documents or applicable Laws, during the continuance of an Event of Default, the Lender is hereby authorized by the each Borrower at any time and from time to time at the Lender's optiontime, without notice to, or consent of, the Borrower, to set off, appropriate, seize, freeze and apply any or all items hereinabove referred to against all Obligations then outstanding (whether or not then due), all in such order and manner as shall be determined by the Lender in its sole and absolute discretion.
Appears in 1 contract
Samples: Financing and Security Agreement (Gp Strategies Corp)
Liens; Setoff. The Borrower hereby grants to the Lender as additional collateral Agent and security to Lenders a continuing Lien for all of the Obligations (including, without limitation, Agent’s Obligations, a continuing Lien on ) upon any and all monies, SecuritiesInvestment Property, and other personal property of the Borrower and any and all the proceeds thereof, now or hereafter held or received by, by or in transit to, the Lender or Agent, any of Lenders, and/or any Affiliate of the Lender fromAgent and/or any of Lenders, from or for the account of, the of Borrower, and also upon any and all depository deposit accounts (whether general or special) and credits of the Borrower, if any, with the Lender Agent, any of Lenders or any Affiliate of the LenderAgent or any of Lenders, at any time existing, excluding any depository deposit accounts held by the Borrower in its capacity as trustee for Persons who are not Affiliates of the Borrower. Without implying any limitation on any other rights the Lender Agent and/or Lenders may have under the Financing Documents or applicable Laws, during the continuance of an Event of Default, Agent and the Lender each of Lenders, respectively, is hereby authorized by the Borrower at any time and from time to time at the Lender's optiontime, without notice to, or consent of, the to Borrower, to set off, appropriate, seize, freeze appropriate and apply any or all items hereinabove referred to against all Obligations (including, without limitation, Agent’s Obligations) then outstanding (whether or not then due), all in such order and manner as shall be determined by the Lender Agent in its sole and absolute discretion.
Appears in 1 contract
Samples: Loan and Security Agreement (Sunrise Senior Living Inc)
Liens; Setoff. The Borrower hereby grants to the Lender as additional collateral and security for all of the Obligations, a continuing Lien on any and all monies, Securities, and other personal property of the Borrower and any and all proceeds thereof, now or hereafter held or received by, or in transit to, the Lender or any Affiliate of the Lender from, or for the account of, the Borrower, and also upon any and all depository accounts (whether general or special) and credits of the Borrower, if any, with the Lender or any Affiliate of the Lender, at any time existing, excluding any depository accounts held by the Borrower in its capacity as trustee for Persons who are not Affiliates of the Borrower. Without implying any limitation on any other rights the Lender may have under the Financing Documents or applicable Laws, during the continuance of an Event of Default, the Lender is hereby authorized by the Borrower at any time and from time to time at the Lender's ’s option, without notice to, or consent of, the Borrower, to set off, appropriate, seize, freeze and apply any or all items hereinabove referred to against all Obligations then outstanding (whether or not then due), all in such order and manner as shall be determined by the Lender in its sole and absolute discretion. The Lender shall provide the Borrower written notice of any action taken pursuant to this paragraph as soon as reasonably practicable after the making of the advance.
Appears in 1 contract
Samples: Financing and Security Agreement (Pec Solutions Inc)
Liens; Setoff. The Borrower hereby grants to the Lender as additional collateral and security for all of the Obligations, a continuing Lien on any and all monies, Securities, and other personal property of the Borrower and any and all proceeds thereof, now or hereafter held or received by, or in transit to, the Lender or any Affiliate of the Lender from, or for the account of, the Borrower, and also upon any and all depository accounts (whether general or special) and credits of the Borrower, if any, with the Lender or any Affiliate of the Lender, at any time existing, excluding any depository accounts held by the Borrower in its capacity as trustee for Persons who are not Affiliates of the Borrower. Without implying any limitation on any other rights the Lender may have under the Financing Documents or applicable Laws, during the continuance of an Event of Default, the Lender is hereby authorized by the Borrower at any time and from time to time at the Lender's option, without notice to, or consent of, the Borrower, to set off, appropriate, seize, freeze and apply any or all items hereinabove referred to against all Obligations then outstanding (whether or not then due), all in such order and manner as shall be determined by the Lender in its sole and absolute discretion. The Lender shall provide the Borrower written notice of any action taken pursuant to this paragraph as soon as reasonably practicable after the making of the advance.
Appears in 1 contract
Samples: Financing and Security Agreement (Pec Solutions Inc)