Obligations to be Secured Clause Samples
The "Obligations to be Secured" clause defines which specific debts, liabilities, or commitments are covered by a security interest or collateral arrangement in an agreement. Typically, this clause lists the types of obligations—such as loans, guarantees, or future advances—that the security will protect, ensuring that the secured party has recourse to the collateral if the debtor defaults on any of these obligations. By clearly identifying the obligations covered, this clause prevents ambiguity and ensures that both parties understand the extent of the security, thereby reducing the risk of disputes over what is protected under the agreement.
Obligations to be Secured. Subject to paragraph (A) (Considerations) above, the obligations to be secured by any such Security are the Secured Obligations (as defined below). Such security is to be granted in favour of the Security Agent on behalf of the Secured Parties. For ease of reference, the following definitions should, to the extent legally possible, be incorporated into each Transaction Security Document (with the capitalised terms used in them having the meaning given to them in the Intercreditor Agreement):
Obligations to be Secured. Subject to 1 (Considerations) and to paragraph 2.2 below and other than in respect of any Credit-Specific Transaction Security, the obligations to be secured are the Secured Obligations and are to be granted in favour of the Common Security Agent on behalf of each of the Secured Parties.
Obligations to be Secured. The Security will secure both the Notes, the Note Guarantees and the Issuer’s Obligations under this Indenture to the extent permitted by law and Security is to be granted in favor of the Security Agent on behalf of the Holders of Notes and the Trustee.
Obligations to be Secured. 1. Subject to (A) (Considerations) and to paragraph 2 below, the obligations to be secured are the Secured Obligations (as defined below). The Collateral is to be granted in favor of the Collateral Agent on behalf of each Secured Party. For ease of reference, the following definitions should, to the extent legally possible, be incorporated into each Security Document (with the capitalized terms used in them having the meaning given to them in the Credit Agreement):
Obligations to be Secured. Whether or not recovery upon any of the following secured obligations is now or hereafter becomes barred by any statute of limitations or is now or hereafter becomes otherwise unenforceable, the security interest granted in this Agreement shall secure:
(a) Obligations Evidenced by Note. The prompt and complete payment and performance by Debtor of all of Debtor’s obligations and covenants under the Note, any renewals or extensions thereof, or amendments thereto; and
Obligations to be Secured. 1Subject to Clause 1 (Considerations) above and to paragraph 2.2 below, the obligations to be secured are the Secured Obligations (as defined below). The security is to be granted in favor of Purchaser Agent on behalf of each Secured Party from time to time or, to the extent required in any applicable jurisdiction, in favor of the Secured Parties from time to time as represented by Purchaser Agent. For ease of reference, the following definitions should, to the extent legally possible, be incorporated into each Security Document:
Obligations to be Secured. 1. Subject to Section 1 (Considerations) and to paragraph 2.3 below, the obligations to be secured are the Secured Obligations. The Security is to be granted in favour of the Collateral Agent on behalf of each Secured Party.
2. The secured obligations will be limited:
2.1 to avoid any breach of corporate benefit, financial assistance, fraudulent preference, thin capitalization rules or the laws or regulations (or analogous restrictions) of any applicable jurisdiction; and
2.2 to avoid any risk to officers of the relevant member of the Group that is granting Collateral of contravention of their fiduciary duties and/or civil or criminal or personal liability.
Obligations to be Secured. Subject to (A) (Considerations) and to paragraph 2 below, the obligations to be secured are the Obligations.
Obligations to be Secured. (a) Subject to paragraph 1 (Considerations) above and to paragraph (c) below, the obligations to be secured are the Secured Obligations (as further detailed below). The Security is to be granted in favour of the Security Agent on behalf of the Secured Parties. If “parallel debt” or “joint and several creditor” provisions are necessary, such provisions will be contained in the individual security documents. To the extent possible, there should be no action required to be taken in relation to the guarantees and/or security under the Transaction Security Documents when any Secured Party transfers any of its participation under a Finance Document to a new Secured Party.
(b) For ease of reference, the following definitions should, to the extent legally possible, be incorporated into each Transaction Security Document (with the capitalised terms used in them having the meaning given to them in this Agreement):
(i) “Secured Obligations”; and
(ii) “Secured Parties”.
(c) The Secured Obligations will be limited:
(i) to avoid any breach of corporate benefit, financial assistance, fraudulent preference, thin capitalisation rules or the laws or regulations (or analogous restrictions) of any applicable jurisdiction; and
(ii) to avoid any risk to officers of the relevant member of the Group that is granting Transaction Security of contravention of their fiduciary duties and/or civil or criminal or personal liability.
(d) The Company will use reasonable endeavours to assist in demonstrating that adequate corporate benefit accrues to the relevant Debtor (as applicable) and to overcome any such limitations to the extent reasonably practicable.
Obligations to be Secured. The security interests herein granted shall secure the following obligations (the "Secured Obligations"):