Common use of OBLIGATION SECURED Clause in Contracts

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower"), payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC Notes"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof as permitted hereunder; and (e) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 2 contracts

Samples: Security Agreement (Schuff International Inc), Security Agreement (Schuff International Inc)

AutoNDA by SimpleDocs

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower"), payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, 2,500,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereofof that Promissory Note dated of even date herewith, made by Debtor, payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC NotesNote"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof; (c) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained in that Credit Agreement dated of even date herewith, by and between Debtor and Secured Party (hereinafter called the "Credit Agreement") and in any other document or instrument related to the indebtedness described in subparagraph (a) above and of all monies expended or advanced by Secured Party pursuant to the terms thereof as permitted hereunderor to preserve any right of Secured Party thereunder; and (ed) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 2 contracts

Samples: Trademark Security Agreement (Antigua Enterprises Inc), Security Agreement (Antigua Enterprises Inc)

OBLIGATION SECURED. The Security Interest This Agreement shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 45,000,000.00 according to the terms of those that Revolving Promissory Notes Note dated June 30July 25, 19981997, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower")Pledgor, payable respectively to the order of one of the LendersSecured Party, each evidencing a revolving line of credit, all or any part of which may be advanced to BorrowerPledgor, repaid by Borrower Pledgor and readvanced to BorrowerPledgor, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC NotesNote"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor Pledgor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral Pledged Securities or any part thereof as permitted hereunder; andthereof; (ec) Payment, performance and observance by Pledgor of each covenant, condition, provision and agreement contained in that Loan Agreement dated July 25, 1997, by and between Pledgor and Secured Party (hereinafter called the "Loan Agreement") and in any other document or instrument related to the indebtedness hereby secured and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder; (d) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower Pledgor to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All ; and (e) The full and timely payment of all amounts now or hereafter due and payable by Pledgor to Secured Party under any interest rate swap, cap, collar or similar transaction, or any Master Agreement for such transactions, now or hereafter in effect between Pledgor and Secured Party, whether such amounts are due and payable on the indebtedness and obligations secured by this Agreement are hereinafter collectively called date(s) scheduled therefor, on the "Obligationoccurrence of an Early Termination Date (as defined in the Master Agreement), or otherwise."

Appears in 2 contracts

Samples: Pledge and Irrevocable Proxy Security Agreement (Continental Circuits Corp), Pledge and Irrevocable Proxy Security Agreement (Continental Circuits Corp)

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Xxxxxx Steel Company, a Delaware corporation (as predecexxxx xn predecessor in interest to Schuff Xxxxxx International, Inc., a Delaware corporation) (herxxxxxxer hereinafter called "Borrower"), payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC Notes"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof as permitted hereunder; and (e) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Modification Agreement (Schuff International Inc)

OBLIGATION SECURED. The Security Interest This Agreement shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of ONE MILLION AND NO/100 DOLLARS ($15,000,000.00 1,000,000.00) according to the terms of those that Revolving Promissory Notes dated June 30Note of even date herewith, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower")Borrowers, payable respectively to the order of one of the LendersSecured Party, each evidencing a revolving line of credit, all or any part of which may be advanced to BorrowerBorrowers, repaid by Borrower Borrowers and readvanced to BorrowerBorrowers, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums charges and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals renewals, restatements or replacements thereof (hereinafter called the "RLC NotesNOTE"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor Pledgor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral Pledged Securities or any part thereof; (c) Payment, performance and observance by Borrowers of each covenant, condition, provision and agreement contained in the Credit Agreement and in any other document or instrument related to the indebtedness described in subparagraph (a) above and of all monies expended or advanced by Secured Party pursuant to the terms thereof as permitted hereunderor to preserve any right of Secured Party thereunder; and (ed) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower Borrowers to the Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called referred to as the "ObligationOBLIGATION"."

Appears in 1 contract

Samples: Pledge and Irrevocable Proxy Security Agreement (Global Entertainment Corp)

OBLIGATION SECURED. The Security Interest This Agreement shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower"), payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, 45,000,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereofof any promissory note, made by Pledgor to evidence the Term Loan, payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC NotesNote"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor Pledgor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral Pledged Securities or any part thereof as permitted hereunder; andthereof; (ec) Payment, performance and observance by Pledgor of each covenant, condition, provision and agreement contained in that Loan Agreement dated July 25, 1997, by and between Pledgor and Secured Party (hereinafter called the "Loan Agreement") and in any other document or instrument related to the indebtedness hereby secured and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder; (d) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower Pledgor to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred; and (e) The full and timely payment of all amounts now or hereafter due and payable by Pledgor to Secured Party under any interest rate swap, cap, collar or similar transaction, or any Master Agreement for such transactions, now or hereafter in effect between Pledgor and Secured Party, whether such amounts are due and payable on the date(s) scheduled therefor, on the occurrence of an Early Termination Date (as defined in the Master Agreement), or otherwise. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Loan Agreement (Continental Circuits Corp)

OBLIGATION SECURED. The Security Interest shall secureThis Deed of Trust is given for the purpose of securing, in such order of priority as Secured Party Beneficiary may elect:: 2 (a) 2.1 Payment of the aggregate sum of FORTY-FIVE MILLION AND NO/100 DOLLARS ($15,000,000.00 45,000,000.00) according to the terms of those that Revolving Promissory Notes Note dated June 30as of July 25, 19981997, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower")Trustor, payable respectively to the order of one of the LendersBeneficiary, each evidencing a revolving line of credit, all or any part of which may be advanced to BorrowerTrustor, repaid by Borrower Trustor and readvanced to BorrowerTrustor, from time to time, subject to the terms and conditions thereof, provided that the principal balance outstanding at any time shall not exceed the sum set forth above in this Paragraph 2.1, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC Notes"Note); (b) Payment of the sum of $5,000,000.00. The Note may accrue interest at a variable rate per annum, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, such rate shall change from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) 2.2 Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor Trustor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party Beneficiary pursuant to the terms hereof, or to preserve any right of Secured Party Beneficiary hereunder, or to protect or preserve the Collateral Trust Property or any part thereof; 2.3 Payment, performance and observance by Trustor of each covenant, condition, provision and agreement contained in that Loan Agreement dated as of July 25, 1997, by and between Trustor and Beneficiary (hereinafter called the "Loan Agreement") and in any other Loan Document (as defined in the Loan Agreement) and of all monies expended or advanced by Beneficiary pursuant to the terms thereof as permitted hereunder; andor to preserve any right of Beneficiary thereunder; (e) 2.4 Payment and performance of any and all additional loans and advances made by Beneficiary to Trustor and/or to the then record owner or owners of the Trust Property (excluding, however, any such loan to an individual for personal, family or household purposes) with interest thereon, late charges, extension and other indebtednessfees, obligations prepayment premiums and liabilities attorneys' fees, according to the terms of Debtor the promissory note(s) and/or Borrower credit agreement(s) evidencing such loans and advances, and all extensions, modifications, renewals or replacements thereof; and 2.5 The full and timely payment of all amounts now or hereafter due and payable by Trustor to Secured Party of every kind and characterBeneficiary under any interest rate swap, direct cap, collar or indirectsimilar transaction, absolute or contingent, due or to become dueany Master Agreement for such transactions, now existing or hereafter incurredin effect between Trustor and Beneficiary, whether such indebtedness is from time to time reduced amounts are due and thereafter increased payable on the date(s) scheduled therefor, on the occurrence of an Early Termination Date (as defined in the Master Agreement), or entirely extinguished and thereafter reincurredotherwise. All of the indebtedness and obligations secured by this Agreement Deed of Trust are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (Continental Circuits Corp)

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 10,000,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms of those Revolving that Promissory Notes Note dated June 30December 10, 19981997, each made by Schuff Steel CompanySCHUXX XXXEL COMPANY, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower"), payable respectively to the order of one Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Line Note"); (b) Payment of the Lenderssum of $10,000,000.00 according to the terms of that Promissory Note dated June 30, each 1995, made by Borrower, payable to the order of Secured Party, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called with the "RLC Notes"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof; 69 (d) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated December 10, 1997, by and between Borrower and Secured Party (hereinafter called the "Loan Agreement") and in any other document or instrument related to the indebtedness described in subparagraph (a) above and of all monies expended or advanced by Secured Party pursuant to the terms thereof as permitted hereunder; andor to preserve any right of Secured Party thereunder; (e) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Credit Agreement (Schuff Steel Co)

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower"), payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, 5,198,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereofof that Promissory Note of even date herewith, made by SEC payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC NotesThree Year Note"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, 325,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereofof that Promissory Note of even date herewith, made by SEC, payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Two Year Note"); (c) Payment of the sum of $855,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms of that Promissory Note of even date herewith, made by SEC, payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Profit Note"); (d) Payment, performance and observance by Borrower SEC, Debtor, and/or Antigua of each covenant, condition, condition and provision and agreement contained in that Credit Agreement dated June 30any other security agreement or pledge agreement of even date herewith securing payment of the Note (defined below) or in any other document or instrument evidencing, 1998 (securing or executed and delivered in connection with the "Credit Agreement"), indebtedness evidenced by and between Borrowerthe Note, and which specifically refers to the lenders listed from time to time therein (collectivelyNote, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder;thereunder; and (de) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof as permitted hereunder; and (e) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."thereof;

Appears in 1 contract

Samples: Security Agreement (Antigua Enterprises Inc)

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower"), payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC Notes"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note (RLC) dated June 30November 5, 1998, made by Debtor and all present and future Subsidiaries (collectively, the "Borrower"), payable to the order of Secured Party as the Swing Line LenderParty, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums charges and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals renewals, restatements or replacements thereof (hereinafter called the "Swing Line RLC Note" "); (b) Payment of the sum of $10,000,000.00 according to the terms of that Revolving Promissory Note (RLCT) dated November 5, 1998, made by Borrower, payable to the order of Secured Party, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals, restatements or replacements thereof (together with the RLC NotesNote, hereinafter called the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof as permitted hereunderthereof; and (ed) Payment Payment, performance and performance observance by Debtor of any each covenant, condition, provision and all other indebtednessagreement contained in that Credit Agreement dated November 5, obligations 1998, by and liabilities of Debtor and/or Borrower to between Borrower, the Banks and Secured Party as agent for the Banks and the Issuing Bank (as extended, modified, renewed, restated or replaced hereinafter called the "Credit Agreement") and in any other document or instrument related to the indebtedness described in subparagraph (a) above and of every kind and character, direct all monies expended or indirect, absolute or contingent, due advanced by Secured Party pursuant to the terms thereof or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurredpreserve any right of Secured Party thereunder. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Security Agreement (Three Five Systems Inc)

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 50,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30April 6, 19982001, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff InternationalKnight Transportation, Inc., a Delaware corporationan Arizona corporation and its Significant Subsidiaries (as defined in the Credit Agreement) (herxxxxxxer called collectively, the "Borrower"), payable respectively to the order of one the Banks, evidencing a revolving lines of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter collectively called the "RLC Note"); (b) Payment of the Lenderssum of $5,000,000.00 according to the terms of that Swing Line Note dated April 6, each 2001, made by Borrower, payable to the order of the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC Notes"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, Note collectively called the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party or the Banks pursuant to the terms hereof, or to preserve any right of Secured Party and the Banks hereunder, or to protect or preserve the Collateral or any part thereof; (d) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated April 6, 2001, by and between Borrower, Secured Party, the Swing Line Lender and the Banks listed from time to time therein (hereinafter called the "Credit Agreement") and in any other document or instrument related to the indebtedness described in subparagraphs (a) and (b) above and of all monies expended or advanced by Secured Party or the Banks pursuant to the terms thereof as permitted hereunder; andor to preserve any right of Secured Party or the Banks thereunder; (e) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party the Banks of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. ; All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Credit Agreement (Knight Transportation Inc)

OBLIGATION SECURED. The Security Interest 3.1 This Agreement shall secure, in such order of priority as Secured Party may elect: (ab) Payment of the aggregate sum of $15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower"), payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, 325,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereofof that Promissory Note of even date herewith, made by SEC, payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC NotesTwo Year Note"); (bc) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, 855,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereofof that Promissory Note of even date herewith, made by SEC, payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Profit Note"); (cd) Payment, performance and observance by Borrower SEC, Pledgor and/or Antigua of each covenant, condition, condition and provision and agreement contained in that Credit Agreement dated June 30any other security agreement or pledge agreement of even date herewith securing payment of the Note (defined below) or in any other document or instrument evidencing, 1998 (securing or executed and delivered in connection with the "Credit Agreement"), indebtedness evidenced by and between Borrowerthe Note, and which specifically refers to the lenders listed from time to time therein (collectivelyNote, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder;thereunder; and (de) Payment, performance and observance by Debtor Pledgor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral Pledged Securities or any part thereof as permitted hereunder; andthereof; (e) Payment 3.2 The Three Year Note, the Two Year Note and performance of any the Profit Note are herein severally and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurredcollectively called the "Note". All of the indebtedness and obligations secured by this Agreement are hereinafter hereafter collectively called the "Obligation."

Appears in 1 contract

Samples: Pledge and Security Agreement (Antigua Enterprises Inc)

OBLIGATION SECURED. The Security Interest shall secureThis Deed of Trust is given for the purpose of securing, in such order of priority as Secured Party Beneficiary may elect: (a) 2.1 Payment of the aggregate sum of TEN MILLION AND NO/100 DOLLARS ($15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower"10,000,000.00), payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to Borrowerinclude, repaid by Borrower and readvanced to Borrowerwithout limitation, from time to time, subject to future advances of principal made after the terms and conditions thereofdate hereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereofof that Promissory Note dated December 10, 1997, made by SCHUXX XXXEL COMPANY, a Delaware corporation ("Borrower"), payable to the order of Beneficiary, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC NotesLine Note"). The Note bears interest at a variable rate in accordance with the terms and provisions thereof which are by this reference incorporated herein; (b) Payment 2.3 Payment, performance and observance by Trustor of the sum each covenant, condition, provision and agreement contained herein and of $5,000,000.00, according all monies expended or advanced by Beneficiary pursuant to the terms hereof, or to preserve any right of that Revolving Promissory Note dated June 30Beneficiary hereunder, 1998, made by Borrower, payable or to protect or preserve the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all Trust Property or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) 2.4 Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30December 10, 1998 (the "Credit Agreement")1997, by and between Borrower, Borrower and the lenders listed from time to time therein Beneficiary (collectively, hereinafter called the "LendersLoan Agreement"), ) and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender in any other document or instrument related to the indebtedness hereby secured and of all monies expended or advanced by Secured Party Beneficiary pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunderBeneficiary thereunder; (d) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof as permitted hereunder; and (e) 2.5 Payment and performance of any and all additional loans and advances made by Beneficiary to Borrower, Trustor and/or to the then record owner or owners of the Trust Property and any other indebtednessindebtedness or obligation of Trustor, obligations and liabilities Borrower and/or the then record owner or owners of Debtor and/or Borrower the Trust Property to Secured Party Beneficiary of every kind and characterany kind, direct or indirectindirect (excluding, absolute however, any such loan to, or contingentindebtedness or obligation of, due an individual for personal, family or household purposes) with interest thereon, late charges, extension and other fees, prepayment premiums and attorneys' fees, according to become duethe terms of the promissory note(s), now existing credit agreement(s) and/or guarantees evidencing such loans, advances, indebtedness and obligations, and all extensions, modifications, renewals or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurredreplacements thereof. All of the indebtedness and obligations secured by this Agreement Deed of Trust are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Credit Agreement (Schuff Steel Co)

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of FORTY-FIVE MILLION AND NO/100 DOLLARS ($15,000,000.00 45,000,000.00) according to the terms of those that Revolving Promissory Notes Note dated June 30July 25, 19981997, each made by Schuff Steel CompanyContinental Circuits Corp., a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower"), payable respectively to the order of one of the LendersSecured Party, each evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC NotesNote"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof as permitted hereunder; andthereof; (ec) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Loan Agreement dated July 25, 1997 by and between Borrower and Secured Party (hereinafter called the "Loan Agreement") and in any other document or instrument related to the indebtedness described in subparagraph (a) above (collectively, the "Loan Documents") and of all 2 monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder; (d) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred; and (e) The full and timely payment of all amounts now or hereafter due and payable by Borrower to Secured Party under any interest rate swap, cap, collar or similar transaction, or any Master Agreement for such transactions, now or hereafter in effect between Borrower and Secured Party, whether such amounts are due and payable on the date (s) scheduled therefor, on the occurrence of an Early Termination Date (as defined in the Master Agreement), or otherwise. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Security Agreement (Continental Circuits Corp)

OBLIGATION SECURED. The Security Interest This Agreement shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Xxxxxx Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called the "Prior Borrower")) to which Pledgor is the successor in interest, payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to BorrowerPledgor, repaid by Borrower Pledgor and readvanced to BorrowerPledgor, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC Notes"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by the Prior Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to BorrowerPledgor, repaid by Borrower Pledgor and readvanced to BorrowerPledgor, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower Pledgor of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement")1998, by and between the Prior Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender (hereinafter called the "Credit Agreement") and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunderthereunder; (d) Payment, performance and observance by Debtor Pledgor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof as permitted hereunderthereof; and (e) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower Pledgor to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Modification Agreement (Schuff International Inc)

OBLIGATION SECURED. The Security Interest This Agreement shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower"), payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, 2,500,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereofof that Promissory Note dated of even date herewith, made by Borrower, payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC NotesNote"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor Pledgor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral Pledged Securities or any part thereof; (c) Payment, performance and observance by Pledgor, Company and Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated of even date herewith, by and between Pledgor, Company, Borrower and Secured Party (hereinafter called the "Credit Agreement") and in any other document or instrument related to the indebtedness hereby secured and of all monies expended or advanced by Secured Party pursuant to the terms thereof as permitted hereunderor to preserve any right of Secured Party thereunder; and (ed) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor Pledgor, Company and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Pledge and Irrevocable Proxy Security Agreement (Antigua Enterprises Inc)

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of Forty-Five Million and No/100 Dollars ($15,000,000.00 45,000,000.00) according to the terms of those that Revolving Promissory Notes Note dated June 30July 25, 19981997, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower")Debtor, payable respectively to the order of one of the LendersSecured Party, each evidencing a revolving line of credit, all or any part of which may be advanced to BorrowerDebtor, 29 35 repaid by Borrower Debtor and readvanced to BorrowerDebtor, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC NotesNote"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof as permitted hereunder; andthereof; (ec) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained in that Loan Agreement dated July 25, 1997 by and between Debtor and Secured Party (hereinafter called the "Loan Agreement") and in any other document or instrument related to the indebtedness described in subparagraph (a) above (collectively, the "Loan Documents") and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder; (d) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All ; and (e) The full and timely payment of all amounts now or hereafter due and payable by Debtor to Secured Party under any interest rate swap, cap, collar or similar transaction, or any Master Agreement for such transactions, now or hereafter in effect between Debtor and Secured Party, whether such amounts are due and payable on the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."date(s) scheduled therefor, on

Appears in 1 contract

Samples: Loan Agreement (Continental Circuits Corp)

AutoNDA by SimpleDocs

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of ONE MILLION AND NO/100 DOLLARS ($15,000,000.00 1,000,000.00) according to the terms of those that certain Revolving Promissory Notes dated June 30Note of even date herewith, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower")Debtors, payable respectively to the order of one of the LendersSecured Party, each evidencing a revolving line of credit, all or any part of which may be advanced to BorrowerDebtors, repaid by Borrower Debtors, and readvanced to BorrowerDebtors, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums charges and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals renewals, restatements or replacements thereof (hereinafter called the "RLC NotesNOTE"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor Debtors of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof; (c) Payment, performance and observance by Debtors of each covenant, condition, provision and agreement contained in the Credit Agreement and in any other document or instrument related to the indebtedness described in subparagraph (a) above and of all monies expended or advanced by Secured Party pursuant to the terms thereof as permitted hereunderor to preserve any right of Secured Party thereunder; and (ed) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower Debtors to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All of the indebtedness and obligations secured by this Security Agreement are hereinafter collectively called referred to as the "ObligationOBLIGATION."

Appears in 1 contract

Samples: Security Agreement (Global Entertainment Corp)

OBLIGATION SECURED. The Security Interest 3.1 This Agreement shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower"), payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, 5,198,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereofof that Promissory Note of even date herewith, made by Pledgor, payable to the order -2- of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC NotesThree Year Note"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, 325,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereofof that Promissory Note of even date herewith, made by Pledgor, payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Two Year Note"); (c) Payment of the sum of $855,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms of that Promissory Note of even date herewith, made by Pledgor, payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Profit Note"); (d) Payment, performance and observance by Borrower Pledgor, SEI and/or Antigua of each covenant, condition, condition and provision and agreement contained in that Credit Agreement dated June 30any other security agreement or pledge agreement of even date herewith securing payment of the Note (defined below) or in any other document or instrument evidencing, 1998 (securing or executed and delivered in connection with the "Credit Agreement"), indebtedness evidenced by and between Borrowerthe Note, and which specifically refers to the lenders listed from time to time therein (collectivelyNote, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder;thereunder; and (de) Payment, performance and observance by Debtor Pledgor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral Pledged Securities or any part thereof as permitted hereunder; andthereof; (e) Payment 3.2 The Three Year Note, the Two Year Note and performance of any the Profit Note are herein severally and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurredcollectively called the "Note". All of the indebtedness and obligations secured by this Agreement are hereinafter hereafter collectively called the "Obligation."

Appears in 1 contract

Samples: Pledge and Security Agreement (Antigua Enterprises Inc)

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower"), payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, 5,198,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereofof that Promissory Note of even date herewith, made by SEC payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC NotesThree Year Note"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, 325,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereofof that Promissory Note of even date herewith, made by SEC, payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Two Year Note"); (c) Payment of the sum of $855,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms of that Promissory Note of even date herewith, made by SEC, payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Profit Note"); (d) Payment, performance and observance by Borrower SEC, SEI, and/or Debtor, of each covenant, condition, condition and provision and agreement contained in that Credit Agreement dated June 30any other security agreement or pledge agreement of even date herewith securing payment of the Note (defined below) or in any other document or instrument evidencing, 1998 (securing or executed and delivered in connection with the "Credit Agreement"), indebtedness evidenced by and between Borrowerthe Note, and which specifically refers to the lenders listed from time to time therein (collectivelyNote, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder;thereunder; and (de) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof as permitted hereunder; and (e) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."thereof;

Appears in 1 contract

Samples: Security Agreement (Antigua Enterprises Inc)

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Steel Company, a Delaware corporation Debtor (as predecexxxx xn predecessor in interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called hereinaxxxx xalled "Borrower"), payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' attorney's fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC Notes"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Debtor as predecessor in interest to Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Debtor as predecessor in interest to Borrower, and the lenders listed from time to time time. therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof as permitted hereunder; and (e) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Security Agreement (Schuff International Inc)

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called the "Prior Borrower")) xx which Debtor is the successor in interest, payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to BorrowerDebtor, repaid by Borrower Debtor and readvanced to BorrowerDebtor, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC Notes"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by the Prior Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to BorrowerDebtor, repaid by Borrower Debtor and readvanced to BorrowerDebtor, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower Debtor of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between the Prior Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof as permitted hereunder; and (e) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Security Agreement (Schuff International Inc)

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower"), payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, 5,198,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereofof that Promissory Note of even date herewith, made by Debtor payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC NotesThree Year Note"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, 325,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereofof that Promissory Note of even date herewith, made by Debtor, payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Two Year Note"); (c) Payment of the sum of $855,000.00 with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms of that Promissory Note of even date herewith, made by Debtor, payable to the order of Secured Party, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Profit Note"); (d) Payment, performance and observance by Borrower Debtor, SEI and/or Antigua of each covenant, condition, condition and provision and agreement contained in that Credit Agreement dated June 30any other security agreement or pledge agreement of even date herewith securing payment of the Note (defined below) or in any other document or instrument evidencing, 1998 (securing or executed and delivered in connection with the "Credit Agreement"), indebtedness evidenced by and between Borrowerthe Note, and which specifically refers to the lenders listed from time to time therein (collectivelyNote, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder;thereunder; and (de) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof as permitted hereunder; andthereof; (e) Payment 3.1 The Three Year Note, the Two Year Note and performance of any the Profit Note are herein severally and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurredcollectively called the "Note". All of the indebtedness and obligations secured by this Agreement are hereinafter hereafter collectively called the "Obligation."

Appears in 1 contract

Samples: Security Agreement (Antigua Enterprises Inc)

OBLIGATION SECURED. The Security Interest This Agreement shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest the "Prior Xxxxxwer") to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower")which Pledgor is the successor in interest, payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to BorrowerPledgor, repaid by Borrower Pledgor and readvanced to BorrowerPledgor, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC Notes"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by the Prior Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to BorrowerPledgor, repaid by Borrower Pledgor and readvanced to BorrowerPledgor, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower Pledgor of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement")1998, by and between the Prior Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender (hereinafter called the "Credit Agreement") and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunderthereunder; (d) Payment, performance and observance by Debtor Pledgor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof as permitted hereunderthereof; and (e) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower Pledgor to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Pledge and Irrevocable Proxy Security Agreement (Schuff International Inc)

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of FORTY-FIVE MILLION AND NO/100 DOLLARS ($15,000,000.00 45,000,000.00) according to the terms of those that Revolving Promissory Notes Note dated June 30July 25, 19981997, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower")Debtor, payable respectively to the order of one of the LendersSecured Party, each evidencing a revolving line of credit, all or any part of which may be advanced to BorrowerDebtor, repaid by Borrower Debtor and readvanced to BorrowerDebtor, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "RLC NotesNote"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof as permitted hereunder; andthereof; (ec) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained in that Loan Agreement dated July 25, 1997 by and between Debtor and Secured Party (hereinafter called the "Loan Agreement") and in any other document or instrument related to the indebtedness described in subparagraph (a) above (collectively, the "Loan Documents") and of all 2 monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder; (d) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred; and (e) The full and timely payment of all amounts now or hereafter due and payable by Debtor to Secured Party under any interest rate swap, cap, collar or similar transaction, or any Master Agreement for such transactions, now or hereafter in effect between Debtor and Secured Party, whether such amounts are due and payable on the date (s) scheduled therefor, on the occurrence of an Early Termination Date (as defined in the Master Agreement), or otherwise. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Security Agreement (Continental Circuits Corp)

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 4,000,000.00 according to the terms of those that Revolving Promissory Notes dated June 30Note of even date herewith, 1998, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower")Debtor, payable respectively to the order of one of the LendersSecured Party, each evidencing a revolving line of credit, all or any part of which may be advanced to BorrowerDebtor, repaid by Borrower Debtor and readvanced to BorrowerDebtor, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums charges and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals renewals, restatements or replacements thereof (hereinafter called the "RLC NotesNote"); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party pursuant to the terms hereof, or to preserve any right of Secured Party hereunder, or to protect or preserve the Collateral or any part thereof as permitted hereunder; andthereof; (ec) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained in that Credit Agreement of even date herewith, by and between Debtor and Secured Party (as extended, modified, renewed, restated or replaced hereinafter called the "Credit Agreement") and in any other document or instrument related to the indebtedness described in subparagraph (a) above and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder; (d) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Security Agreement (Interact Commerce Corp)

OBLIGATION SECURED. The Security Interest shall secure, in such order of priority as Secured Party may elect: (a) Payment of the aggregate sum of $15,000,000.00 30,000,000.00 according to the terms of those Revolving Promissory Notes dated June 30April ___, 19982007, each made by Schuff Steel Company, a Delaware corporation (as predecexxxx xn interest to Schuff International, Inc., a Delaware corporation) (herxxxxxxer called "Borrower")Debtor, payable respectively to the order of one of the Lenders, each evidencing a revolving line of credit, all or any part of which may be advanced to BorrowerDebtor, repaid by Borrower Debtor and readvanced to BorrowerDebtor, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter hereinafter, called the "RLC Notes"“Note”); (b) Payment of the sum of $5,000,000.00, according to the terms of that Revolving Promissory Note dated June 30, 1998, made by Borrower, payable to the order of Secured Party as the Swing Line Lender, evidencing a revolving line of credit, all or any part of which may be advanced to Borrower, repaid by Borrower and readvanced to Borrower, from time to time, subject to the terms and conditions thereof, with interest thereon, extension and other fees, late charges, prepayment premiums and attorneys' fees, according to the strict terms thereof, and all extensions, modifications, renewals or replacements thereof (hereinafter called the "Swing Line Note" and with the RLC Notes, the "Note"); (c) Payment, performance and observance by Borrower of each covenant, condition, provision and agreement contained in that Credit Agreement dated June 30, 1998 (the "Credit Agreement"), by and between Borrower, and the lenders listed from time to time therein (collectively, the "Lenders"), and Secured Party, as Arranger, Administrative Agent, Issuing Bank and Swing Line Lender and of all monies expended or advanced by Secured Party pursuant to the terms thereof or to preserve any right of Secured Party thereunder as permitted hereunder; (d) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained herein and of all monies expended or advanced by Secured Party or the Lenders pursuant to the terms hereof, or to preserve any right of Secured Party or the Lenders hereunder, or to protect or preserve the Collateral or any part thereof; (c) Payment, performance and observance by Debtor of each covenant, condition, provision and agreement contained in that Credit Agreement dated April ___, 2007, by and among Debtor, the Lenders party thereto and JPMorgan Chase Bank, N.A. as Administrative Agent (hereinafter called the “Credit Agreement”) and in any other document or instrument related to the indebtedness described in subparagraph (a) above and of all monies expended or advanced by Secured Party or the Lenders pursuant to the terms thereof or to preserve any right of Secured Party or the Lenders thereunder; (d) The full and timely payment of all amounts now or hereafter due and payable by Debtor to the Lenders under any Swap Agreement (as permitted hereunderdefined in the Credit Agreement), now or hereafter in effect between Debtor and the Lenders, whether such amounts are due and payable on the date(s) scheduled therefor, or otherwise; and (e) Payment and performance of any and all other indebtedness, obligations and liabilities of Debtor and/or Borrower to Secured Party or the Lenders of every kind and character, direct or indirect, absolute or contingent, due or to become due, now existing or hereafter incurred, whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred. All of the indebtedness and obligations secured by this Agreement are hereinafter collectively called the "Obligation."

Appears in 1 contract

Samples: Credit Agreement (White Electronic Designs Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!