Common use of Party to Security Agreement, etc Clause in Contracts

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 3 contracts

Samples: Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (Swift Transportation Co)

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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) 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: Security Agreement (Deckers Outdoor Corp), Security Agreement (Deckers Outdoor Corp), Security 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) 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), (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 1 contract

Samples: 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) 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.

Appears in 1 contract

Samples: Pledge and Security Agreement (GENTHERM 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) creates and grants to the Annex I 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 1 contract

Samples: Assignment and Assumption (Kofax LTD)

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)

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.

Appears in 1 contract

Samples: Pledge and Security Agreement (Accelerize Inc.)

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Party to Security Agreement, etc. In accordance with the terms of the Security Agreement, by its signature below each of execution hereof, the undersigned New Subsidiary 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 New Subsidiary hereby (a) creates and grants to the Administrative Agent, its successors and assigns, a security interest in all of the New Subsidiary’s right, title and interest in and to the Collateral to secure the payment and performance of the Obligations, (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 under the Security Agreement are true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) 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 in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) 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 undersignedNew Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (GENTHERM 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 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.

Appears in 1 contract

Samples: Supplement to Security Agreement (Las Vegas Sands 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) 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) Form of Security Agreement 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: Guarantee and Collateral 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) 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, 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 the undersigned. The information set forth on each of the undersignedschedules attached hereto is hereby added to the respective schedules attached to the Security Agreement.

Appears in 1 contract

Samples: Security Agreement (Hecla Mining Co/De/)

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