Party to Security Agreement, etc. In accordance with the terms of the Security Agreement, by its signature below each of the undersigned hereby irrevocably agrees to become a Guarantor and Grantor under the Security Agreement with the same force and effect as if it were an original signatory thereto and each of the undersigned hereby (a) agrees to be bound by and comply with all of the terms and provisions of the Security Agreement applicable to it as a Guarantor and Grantor, (b) represents and warrants that the representations and warranties made by it as a Guarantor and Grantor thereunder are true and correct as of the date hereof, unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date, and (c) grants to the Collateral Agent, for its benefit and the ratable benefit of each other Secured Party, a continuing security interest in all of the Collateral. In furtherance of the foregoing, each reference to a “Guarantor”, a “Grantor”, “Guarantors” and/or “Grantors” in the Security Agreement shall be deemed to include each of the undersigned.
Appears in 4 contracts
Samples: Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co)
Party to Security Agreement, etc. In accordance with the terms of the Security Agreement, by its signature below each of the undersigned hereby irrevocably agrees to become a Guarantor and Grantor under the Security Agreement with the same force and effect as if it were an original signatory thereto and each of the undersigned hereby (a) creates and grants to the Administrative Agent, its successors and assigns, a security interest in all of the undersigned’s right, title and interest in and to the Collateral, (b) agrees to be bound by and comply with all of the terms and provisions of the Security Agreement applicable to it as a Guarantor Grantor and Grantor, (bc) represents and warrants that the representations and warranties made by it as a Guarantor and Grantor thereunder are true and correct in all material respects as of the date hereofhereof (and attached hereto are true and correct copies of Schedules referenced in such representations and warranties applicable to such Grantor), unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date, and (c) grants to the Collateral Agent, for its benefit and the ratable benefit of each other Secured Party, a continuing security interest in all of the Collateral. In furtherance of the foregoing, each reference to a “Guarantor”, a “Grantor”, “Guarantors” and/or “Grantors” in the Security Agreement shall be deemed to include each of the undersigned.
Appears in 3 contracts
Samples: Credit Agreement (Deckers Outdoor Corp), Credit Agreement (Deckers Outdoor Corp), Credit Agreement (Deckers Outdoor Corp)
Party to Security Agreement, etc. In accordance with the terms of the Security Agreement, by its signature below each of the undersigned hereby irrevocably agrees to become a Guarantor and Grantor under the Security Agreement with the same force and effect as if it were an original signatory thereto and each of the undersigned hereby (a) creates and grants to the Administrative Agent, its successors and assigns, a security interest in all of the undersigned’s right, title and interest in and to the Collateral), (b) agrees to be bound by and comply with all of the terms and provisions of the Security Agreement applicable to it as a Guarantor Grantor and Grantor, (bc) represents and warrants that the representations and warranties made by it as a Guarantor and Grantor thereunder are true and correct as of the date hereof, unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date, and (c) grants to the Collateral Agent, for its benefit and the ratable benefit of each other Secured Party, a continuing security interest in all of the Collateral. In furtherance of the foregoing, each reference to a “Guarantor”, a “Grantor”, “Guarantors” and/or “Grantors” in the Security Agreement shall be deemed to include each of the undersigned.
Appears in 2 contracts
Samples: Credit Agreement (Kofax LTD), Pledge and Security Agreement (Amerigon Inc)
Party to Security Agreement, etc. In accordance with the terms of the Security Agreement, by its signature below each of the undersigned hereby irrevocably agrees to become a Guarantor and Grantor under the Security Agreement with the same force and effect as if it were an original signatory thereto and each of the undersigned hereby (a) agrees to be bound by and comply with all of the terms and provisions of the Security Agreement applicable to it as a Guarantor Grantor and Grantor, (b) represents and warrants that the representations and warranties made by it as a Guarantor and Grantor thereunder are true and correct as of the date hereof, unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date. In furtherance of the foregoing, and (c) each of the undersigned hereby grants to the Collateral Agent, for its benefit and the ratable benefit of each other Secured Party, a continuing security interest in all of the such undersigned’s Collateral. In furtherance of the foregoing, whether now or hereafter existing, owned or acquired, and wherever located and agrees that each reference to a “Guarantor”, a “Grantor”, “Guarantors” and/or “Grantors” in the Security Agreement shall be deemed to include each of the undersigned.
Appears in 2 contracts
Samples: Security Agreement (Empire Resources Inc /New/), Security Agreement (Empire Resources Inc /New/)
Party to Security Agreement, etc. In accordance with the terms of the Security Agreement, by its signature below each of the undersigned hereby irrevocably agrees to become a Guarantor and Grantor under the Security Agreement with the same force and effect as if it were an original signatory thereto and each of the undersigned hereby (a) creates and grants to the Administrative Agent, its successors and assigns, a security interest in all of the undersigned’s right, title and interest in and to the Collateral to secure the payment and performance of the Obligations of the undersigned, (b) agrees to be bound by and comply with all of the terms and provisions of the Security Agreement applicable to it as a Guarantor Grantor and Grantor, (bc) represents and warrants that the representations and warranties made by it as a Guarantor and Grantor thereunder are true and correct as of the date hereof, unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date, and (c) grants to the Collateral Agent, for its benefit and the ratable benefit of each other Secured Party, a continuing security interest in all of the Collateral. In furtherance of the foregoing, each reference to a “Guarantor”, a “Grantor”, “Guarantors” and/or “Grantors” in the Security Agreement shall be deemed to include each of the undersigned.
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Party to Security Agreement, etc. In accordance with the terms of the Security Agreement, by its signature below each of the undersigned hereby irrevocably agrees to become a Guarantor and the Grantor under the Security Agreement with the same force and effect as if it were an original signatory thereto and each of the undersigned hereby (a) creates and grants to the Secured Party, its successors and assigns, a security interest in all of the undersigned's right, title and interest in and to the Collateral), (b) agrees to be bound by and comply with all of the terms and provisions of the Security Agreement applicable to it as a Guarantor the Grantor and Grantor, (bc) represents and warrants that the representations and warranties made by it as a Guarantor and the Grantor thereunder are true and correct as of the date hereof, unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date, and (c) grants to the Collateral Agent, for its benefit and the ratable benefit of each other Secured Party, a continuing security interest in all of the Collateral. In furtherance of the foregoing, each reference to a “Guarantor”, a “"Grantor”, “Guarantors” " and/or “"Grantors” " in the Security Agreement shall be deemed to include each of the undersigned.
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Party to Security Agreement, etc. In accordance with the terms of the Security Agreement, by its signature below each of the undersigned hereby irrevocably agrees to become a Guarantor and Grantor Debtor under the Security Agreement with the same force and effect as if it were an original signatory thereto and each of the undersigned hereby (a) agrees to be bound by and comply with all of the terms and provisions of the Security Agreement applicable to it as a Guarantor Debtor and Grantor, (b) represents and warrants that the representations and warranties made by it as a Guarantor and Grantor Debtor thereunder are true and correct as of the date hereof, unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date, date and (c) assigns, grants to and pledges, in favor of the Collateral Agent, for its benefit and the ratable benefit of each other Secured Party, Intercreditor Agent a continuing security interest in all of its property and assets that would constitute Collateral to the Collateralextent set forth in Section 2 of the Security Agreement with the priority set forth therein. In furtherance of the foregoing, each reference to a “Guarantor”, a “Grantor”, “GuarantorsDebtor” and/or “GrantorsDebtors” in the Security Agreement shall be deemed to include each of the undersigned.
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Party to Security Agreement, etc. In accordance with the terms of the Security Agreement, by its signature below each of the undersigned hereby irrevocably agrees to become a Guarantor and Grantor under the Security Agreement with the same force and effect as if it were an original signatory thereto and each of the undersigned hereby (a) agrees to be bound by and comply with all of the terms and provisions of the Security Agreement applicable to it as a Guarantor and Grantor, (b) represents and warrants that the representations and warranties made by it as a Guarantor and Grantor thereunder are true and correct as of the date hereof, unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date, and (c) grants to the Collateral Agent, for its benefit and the ratable benefit of each other Secured Party, a continuing security interest in all of the Collateral. In furtherance of the foregoing, each reference to a “Guarantor”, a “Grantor”, “Guarantors” and/or “Grantors” in the Security Agreement shall be deemed to include each of the undersigned.. 509265-1512-15059-Active.17708699.1 Annex I- 1
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Party to Security Agreement, etc. In accordance with the terms of the Security Agreement, by its signature below each of the undersigned hereby irrevocably agrees to become a Guarantor and Grantor under the Security Agreement with the same force and effect as if it were an original signatory thereto and each of the undersigned hereby (a) agrees to be bound by and comply with all of the terms and provisions of the Security Agreement applicable to it as a Guarantor and Grantor, (b) represents and warrants that the representations and warranties made by it as a Guarantor and Grantor thereunder are true and correct as of the date hereof, unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date, and (c) grants to the Collateral Agent, for its benefit and the ratable benefit of each other Secured Party, a continuing security interest in all of the Collateral. In furtherance of the foregoing, each reference to a “Guarantor”, a “Grantor”, “Guarantors” and/or “Grantors” in the Security Agreement shall be deemed to include each of the undersigned.
Appears in 1 contract
Samples: Pledge and Security Agreement (Swift Transportation Co)