OBLIGATIONS DEFINED. The term "
OBLIGATIONS DEFINED. This assignment, pledge and transfer is given to Lender by Assignor as collateral security for all of the following obligations (individually and collectively, the “Obligations”): all indebtedness, liabilities and obligations now or hereafter owing to Lender by Assignor of any kind and description pursuant to or evidenced by the Loan Agreement or any other instruments or documents executed in connection therewith, whether direct or indirect, absolute or contingent, joint or several, and howsoever evidenced, no matter how arising; all amounts advanced or incurred by Lender on account of Assignor under the terms of this Agreement or for the maintenance or preservation of the Collateral; any and all amendments, modifications, renewals or extensions of Obligations including those evidenced by new or additional agreements or instruments changing the rate of interest or adding or releasing any third party on the Obligations; and all costs of collection, including fees and expenses in connection with the protection or realization of the Collateral or the enforcement of this Agreement, the Loan Documents (as defined in the Loan Agreement), the instruments, other notes, or other agreements evidencing the Obligations, whether or not suit is filed.
OBLIGATIONS DEFINED. The term "Obligations" is used throughout this Guaranty in its most comprehensive sense and means and includes, without limitation, any and all obligations and liabilities of any kind or nature owed by Borrower to Lender pursuant to the Security Agreement and any financial or other accommodations extended by Lender to Borrower, heretofore, now or hereafter made, incurred or created, whether voluntary or involuntary and however arising or evidenced, whether owed directly to Lender or acquired by Lender through assignment, subrogation or succession, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, secured or unsecured, whether on original, renewed, extended or revised terms, whether principal, interest or fees (including, but not limited to, those changing the applicable rate of interest or which release any obligor with respect to any Obligations, whether such indebtedness is from time to time reduced or extinguished and thereafter increased or incurred), whether Borrower may be individually or jointly liable with others, whether such obligations or any portion thereof becomes barred by any statute of limitations and whether such obligations may be or hereafter become unenforceable. If a petition under the U.S. Bankruptcy Code is filed by or against Borrower, the term "Borrower" shall also mean and include Borrower in its status as a "debtor" and "debtor-in-possession" under the U.S. Bankruptcy Code.
OBLIGATIONS DEFINED. The Term "Obligations" is defined as and includes the following:
OBLIGATIONS DEFINED. The term "Obligations" is defined as and includes the following: A. A promissory note, No.__________________________ , (Note) dated June 27, 1997, with a maturity date of June 20, 2012, and executed by ELDORADO ARTESIAN SPRINGS, INC. , XXXXXXX X. XXXXXX, XXXXX X. XXXXXX and XXXXXX X. XXXXXX (Borrower) payable in monthly payments to the order of Bank, which evidences a loan (Loan) to Borrower in the amount of $1,200,000.00, plus Interest, and all extensions, renewals, modifications or substitutions thereof.
OBLIGATIONS DEFINED. This assignment, pledge and transfer is given to Lender by Assignor as collateral security for all of the following obligations (individually and collectively, the “Obligations”): all indebtedness, liabilities and obligations now or hereafter owing to Lender by Assignor, including, without limitation, any and all debts, liabilities, obligations or undertakings owing by Assignor to Lender of any kind and description pursuant to or evidenced by (i) the Loan Agreement, and (ii) that certain Promissory Note dated March 12, 2021, in the original principal sum of $75,000,000.00 (together with any and all extensions, amendments, modifications or supplements thereto or renewals or extensions thereof, the “Note”), executed by Assignor in favor of Lender, whether direct or indirect, absolute or contingent, joint or several, and howsoever evidenced, no matter how arising; all amounts advanced or incurred by Lender on account of Assignor under the terms of this Agreement or for the maintenance or preservation of the Collateral; any and all amendments, modifications, renewals or extensions of Obligations including those evidenced by new or additional agreements or instruments changing the rate of interest or adding or releasing any third party on the Obligations executed by Assignor; and all costs of collection to the extent and as provided in the Loan Documents, including fees and expenses in connection with the protection or realization of the Collateral or the enforcement of this Agreement, the Loan Documents (as defined in the Loan Agreement), the instruments, other notes, or other agreements evidencing the Obligations, whether or not suit is filed.
OBLIGATIONS DEFINED. The word "Obligations" is used herein in its most comprehensive sense and includes any and all indebtedness, advances, debts, obligations and liabilities of Debtor heretofore, now or hereafter made, incurred or created, whether voluntary or involuntary and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Debtor may be liable individually or jointly with others, including obligations and liabilities arising from notes, repurchase agreements and trust receipts.
OBLIGATIONS DEFINED. NATIONAL INDEMNITY COMPANY (“Surety”), for an agreed Premium, which has been paid by Berkshire Hathaway Life Insurance Company of Nebraska (“BHLN”), and of which Surety acknowledges receipt, hereby absolutely and irrevocably agrees, subject to the terms of this surety policy (the “Surety Policy”), to:
(A) unconditionally guarantee to Connecticut General Life Insurance Company and its successors and assigns (“CGLIC”) the due and punctual payment, in accordance with the terms hereof, of amounts (whether present or future, actual or contingent) directly or indirectly owing to CGLIC by BHLN in satisfaction of all obligations of BHLN under and pursuant to the terms of that (i) certain Retrocession Agreement, dated February 4, 2013, between CGLIC and BHLN (the “Retrocession Agreement”), or (ii) the Trust Agreement, to be entered into as soon as practicable after the date hereof, among CGLIC, BHLN, Surety and Xxxxx Fargo Bank, National Association (the “Trustee”), in the form attached hereto as Exhibit A with such changes as may be required by the Trustee (the “Trust Agreement”, and together with the Retrocession Agreement, the “Contracts”);
(B) timely perform, in accordance with Sections 1.3 and 1.5 hereof, the financial and funding obligations of BHLN under and pursuant to the terms of the Contracts, which include the obligation to fund the Claims Paying Account as and when required pursuant to the applicable terms of the Retrocession Agreement, to indemnify CGLIC upon any breach or non-performance of a covenant, or to deposit RCE Eligible Assets into the Trust Account upon the occurrence of a Reinsurance Credit Event (the obligations described in Sections 1.1(A) and (B) collectively, the “BHLN Obligations”);
(C) indemnify and hold harmless CGLIC for and against any loss, cost, expense or damage incurred by CGLIC as a result of any BHLN Obligation being unsatisfied in whole or in part for any reason, including by reason of (i) BHLN’s failure to perform under or pursuant to the terms of the Contracts, (ii) illegality, incapacity, lack or exceeding of powers or ineffectiveness of execution, or (iii) one or more of the Contracts (a) being, when any such BHLN Obligation was incurred, or (b) becoming, after any such BHLN Obligation was incurred, void, voidable or unenforceable for any reason whatsoever, in either case, whether or not CGLIC knew that such Contract was, or was going to become, void, voidable or unenforceable when any such BHLN Obligation was incurred;...
OBLIGATIONS DEFINED. The following obligations of the Grantor and Borrower are hereinafter collectively called the "Obligations":
OBLIGATIONS DEFINED. The term Obligations is defined as and includes the following: A. A promissory note, No. 100270, (Note) dated October 2, 1996, with a maturity date of June 2, 1999, and executed by SYSTEMS & SERVICES TECHNOLOGIES, INC. (Borrower) payable to the order of Bank, which evidences a loan (Loan) to Borrower in the amount of $705,000.00, plus interest, and all extensions, renewals, modifications, or substitutions thereof.
