Common use of Pledge of Stock Etc Clause in Contracts

Pledge of Stock Etc. (a) The Company hereby pledges, assigns, grants to the Trustee a security interest in (A) the number of shares of HHI Stock set forth on Annex A hereto, currently held by the Original Trustee, (B) the number of shares common and preferred Brookwood Stock currently held by The Bank of New York ("BONY"), as collateral agent for the Original Trustee under the Intercreditor Agreement, dated as of January 7, 1997, between BONY and the Original Trustee, and (C) the number of shares of BSH Stock to be held by Bank One, N.A., as agent ("Bank One"), as collateral agent for the Original Trustee under the Intercreditor Agreement, dated as of ________, 1998, between Bank One and the Trustee, all for the benefit of the holders from time to time of the Securities, subject to the terms and conditions hereinafter set forth. The certificates for such shares, accompanied by stock powers or other appropriate instruments of assignment thereof duly executed in blank by the Company, have been delivered to the Original Trustee or the Trustee, as appropriate, or their respective agents (including BONY and Bank One). The pledge and assignment of the HHI Stock is junior and subordinate to the pledge and assignment thereof to the Original Trustee pursuant to the Original Pledge Agreement and is subject to the terms and conditions contained in the Original Indenture and the Original Pledge Agreement; and the pledge and assignment of the Brookwood Stock is junior and subordinate to the pledges and assignments thereof to (i) The Bank of New York as security for the Company's guaranty of certain indebtedness of BCI to The Bank of New York and (ii) the Original Trustee pursuant to the Original Pledge Agreement and subject to the terms and conditions contained in the Original Indenture and the Original Pledge Agreement. (b) In case the Company shall acquire any additional shares of a class of capital stock of any corporation (i) all or a portion of the shares of such class of which have been pledged pursuant to Section 1(a) above and (ii) which is a wholly-owned subsidiary of the Company, or the successor of any such corporation, or any securities which are exercisable or exchangeable for or convertible into shares of such capital stock of any such corporation, by purchase or otherwise, then the Company shall forthwith pledge such number of shares or other securities to the Trustee under this Agreement and deliver such number of shares or other securities to the Trustee or the Original Trustee, as appropriate, or their respective agents (including BONY and Bank One) in connection therewith as represents the same proportion to the number of shares or securities being acquired as the number of shares (including shares which securities are exercisable or exchangeable for or convertible into) of such class previously pledged hereunder bears to the number of shares (including shares which securities are exercisable or exchangeable for or convertible into) of such class owned by the Company immediately prior to such acquisition by the Company. The Company agrees that the Trustee may from time to time attach as Annex A hereto an updated list of the shares of capital stock or securities at the time pledged with the Trustee hereunder. (c) The Company also hereby pledges, assigns, grants a security interest in, and delivers to the Trustee the Cash Collateral Account and all of the Cash Collateral, as such terms are hereinafter defined.

Pledge of Stock Etc. (a) The Company hereby pledges, assigns, grants to the Trustee or its agent a security interest in (A) the number of shares of HHI Stock set forth on Annex ANNEX A hereto, currently held by the Original TrusteeThe First National Bank of Boston, (B) the number of shares common and preferred Brookwood Stock currently held by The Bank of New York ("BONYFNBB"), as collateral agent for the Original Trustee under the Intercreditor Agreement, dated as of January 7March 2, 19971993 between FNBB and the Trustee, (B) the number of shares common and preferred Brookwood Stock currently held by the Chase Manhattan Bank, N.A. ("Chase"), as collateral agent for the Trustee under the Intercreditor Agreement, dated as of March 2, 1993, between BONY Chase and the Original Trustee, and (C) the number of shares of BSH Stock to be held by Bank One, Texas, N.A., as agent ("Bank One"), as collateral agent for the Original Trustee under the Intercreditor Agreement, dated as of ________, 1998, between Bank One and the Trustee, all for the benefit of the holders from time to time of the Securities, subject to the terms and conditions hereinafter set forth. The certificates for such shares, accompanied by stock powers or other appropriate instruments of assignment thereof duly executed in blank by the Company, have been delivered to the Original Trustee or the Trustee, as appropriate, or their respective its agents (including BONY FNBB, Chase and Bank One). The pledge and assignment of the HHI Stock is junior and subordinate to the pledge and assignment thereof to the Original Trustee pursuant to the Original Pledge Agreement and is subject to the terms and conditions contained in the Original Indenture and the Original Pledge Agreement; and the pledge and assignment of the Brookwood Stock is junior and subordinate to the pledges and assignments thereof to (i) The Bank of New York as security for the Company's guaranty of certain indebtedness of BCI to The Bank of New York and (ii) the Original Trustee pursuant to the Original Pledge Agreement and subject to the terms and conditions contained in the Original Indenture and the Original Pledge Agreement. (b) In case the Company shall acquire any additional shares of a class of capital stock of any corporation (i) all or a portion of the shares of such class of which have been pledged pursuant to Section 1(a) above and (ii) which is a wholly-owned subsidiary of the Company, or the successor of any such corporation, or any securities which are exercisable or exchangeable for or convertible into shares of such capital stock of any such corporation, by purchase or otherwise, then the Company shall forthwith pledge such number of shares or other securities to the Trustee under this Agreement and deliver such number of shares or other securities to the Trustee or the Original Trustee, as appropriate, or their respective agents its agent (including BONY FNBB, Chase and Bank One) in connection therewith as represents the same proportion to the number of shares or securities being acquired as the number of shares (including shares which securities are exercisable or exchangeable for or convertible into) of such class previously pledged hereunder bears to the number of shares (including shares which securities are exercisable or exchangeable for or convertible into) of such class owned by the Company immediately prior to such acquisition by the Company. The Company agrees that the Trustee may from time to time attach as Annex ANNEX A hereto an updated list of the shares of capital stock or securities at the time pledged with the Trustee hereunder. (c) The Company also hereby pledges, assigns, grants a security interest in, and delivers to the Trustee the Cash Collateral Account and all of the Cash Collateral, as such terms are hereinafter defined.

Pledge of Stock Etc. (a) The Company Borrower hereby pledges, assigns, grants to the Trustee a security interest in (A) in, and delivers to the number Lender all of the shares of HHI Stock set forth capital stock, limited liability company membership interests and other equity interests of the Issuers of every class or form, as more fully described on Annex A hereto, currently held by the Original Trustee, (B) the number of shares common and preferred Brookwood Stock currently held by The Bank of New York ("BONY"), as collateral agent for the Original Trustee under the Intercreditor Agreement, dated as of January 7, 1997, between BONY and the Original Trustee, and (C) the number of shares of BSH Stock to be held by Bank One, N.A., as agent ("Bank One"), as collateral agent for the Original Trustee under the Intercreditor Agreement, dated as of ________, 1998, between Bank One and the Trustee, all for the benefit of the holders from time to time of the Securities, Lender subject to the terms and conditions hereinafter set forth. The certificates certifi­cates for such sharesshares and any other “security certificates” (as defined in the UCC) issued by the Issuers, accompanied by stock powers or other appropriate instruments of assignment thereof duly executed in blank by the CompanyBorrower, have been delivered to the Original Trustee or the Trustee, as appropriate, or their respective agents (including BONY and Bank One). The pledge and assignment of the HHI Stock is junior and subordinate to the pledge and assignment thereof to the Original Trustee pursuant to the Original Pledge Agreement and is subject to the terms and conditions contained in the Original Indenture and the Original Pledge Agreement; and the pledge and assignment of the Brookwood Stock is junior and subordinate to the pledges and assignments thereof to (i) The Bank of New York as security for the Company's guaranty of certain indebtedness of BCI to The Bank of New York and (ii) the Original Trustee pursuant to the Original Pledge Agreement and subject to the terms and conditions contained in the Original Indenture and the Original Pledge AgreementLender. (b) In case the Company Borrower shall acquire any additional shares of a class of the capital stock stock, limited liability company membership interests or other equity interests of any Issuer or corporation (i) all or a portion of the shares of such class of which have been pledged pursuant to Section 1(a) above and (ii) other entity which is a wholly-owned subsidiary of the Company, or the successor of any such corporationIssuer, or any securities which are exercisable or exchangeable for or convertible into shares of such capital stock stock, limited liability company membership interest or other equity interest of any such corporationIssuer, by purchase or otherwise, then the Company Borrower shall forthwith deliver to and pledge such number of shares stock, limited liability company membership interests or other securities equity interests to the Trustee Lender under this Agreement and deliver such number of shares or other securities to the Trustee or the Original Trustee, as appropriate, or their respective agents (including BONY and Bank One) in connection therewith as represents the same proportion to the number of shares or securities being acquired as the number of shares (including shares which securities are exercisable or exchangeable for or convertible into) of such class previously pledged hereunder bears to the number of shares (including shares which securities are exercisable or exchangeable for or convertible into) of such class owned by the Company immediately prior to such acquisition by the CompanyAgreement. The Company Borrower agrees that the Trustee Lender may from time to time attach as Annex A hereto an updated list of the shares of capital stock stock, limited liability company membership interests or securities other equity interests at the time pledged with the Trustee Lender hereunder. (c) The Company also hereby pledges, assigns, grants a security interest in, and delivers to the Trustee the Cash Collateral Account and all of the Cash Collateral, as such terms are hereinafter defined.

Pledge of Stock Etc. (a) The Company hereby pledges, assigns, grants to the Trustee a security interest in (A) the number of shares of HHI Stock set forth on Annex ANNEX A hereto, currently held by the Original Trustee, (B) the number of shares of common and preferred Brookwood Stock currently held by The Bank of New York ("BONY"), as collateral agent for the Original Trustee under the Intercreditor Agreement, dated as of January 7, 1997, between BONY and the Original Trustee, and (C) the number of shares of BSH Stock to be held by Bank One, N.A., as agent ("Bank One"), as collateral agent for the Original Trustee under the Intercreditor Agreement, dated as of ________, 1998, between Bank One and the Trustee, all for the benefit of the holders from time to time of the Securities, subject to the terms and conditions hereinafter set forth. The certificates for such shares, accompanied by stock powers or other appropriate instruments of assignment thereof duly executed in blank by the Company, have been delivered to the Original Trustee or the Trustee, as appropriate, or their respective agents (including BONY and Bank One). The pledge and assignment of the HHI Stock is junior and subordinate to the pledge and assignment thereof to the Original Trustee pursuant to the Original Pledge Agreement and is subject to the terms and conditions contained in the Original Indenture and the Original Pledge Agreement; and the pledge and assignment of the Brookwood Stock is junior and subordinate to the pledges and assignments thereof to (i) The Bank of New York as security for the Company's guaranty of certain indebtedness of BCI to The Bank of New York and (ii) the Original Trustee pursuant to the Original Pledge Agreement and subject to the terms and conditions contained in the Original Indenture and the Original Pledge Agreement. (b) In case the Company shall acquire any additional shares of a class of capital stock of any corporation (i) all or a portion of the shares of such class of which have been pledged pursuant to Section 1(a) above and (ii) which is a wholly-owned subsidiary of the Company, or the successor of any such corporation, or any securities which are exercisable or exchangeable for or convertible into shares of such capital stock of any such corporation, by purchase or otherwise, then the Company shall forthwith pledge such number of shares or other securities to the Trustee under this Agreement and deliver such number of shares or other securities to the Trustee or the Original Trustee, as appropriate, or their respective agents (including BONY and Bank One) in connection therewith as represents the same proportion to the number of shares or securities being acquired as the number of shares (including shares which securities are exercisable or exchangeable for or convertible into) of such class previously pledged hereunder bears to the number of shares (including shares which securities are exercisable or exchangeable for or convertible into) of such class owned by the Company immediately prior to such acquisition by the Company. The Company agrees that the Trustee may from time to time attach as Annex ANNEX A hereto an updated list of the shares of capital stock or securities at the time pledged with the Trustee hereunder. (c) The Company also hereby pledges, assigns, grants a security interest in, and delivers to the Trustee the Cash Collateral Account and all of the Cash Collateral, as such terms are hereinafter defined.

Pledge of Stock Etc. (a) The Company hereby pledges, assigns, grants to the Trustee a security interest in (A) the number of shares of HHI Stock set forth on Annex A hereto, currently held by the Original Trustee, (B) the number of shares common and preferred Brookwood Stock currently held by The Bank of New York ("BONY"), as collateral agent for the Original Trustee under the Intercreditor Agreement, dated as of January 7, 1997, between BONY and the Original Trustee, and (C) the number of shares of BSH Stock to be held by Bank One, N.A., as agent ("Bank One"), as collateral agent for the Original Trustee under the Intercreditor Agreement, dated as of ________August 31, 1998, between Bank One and the Trustee, all for the benefit of the holders from time to time of the Securities, subject to the terms and conditions hereinafter set forth. The certificates for such shares, accompanied by stock powers or other appropriate instruments of assignment thereof duly executed in blank by the Company, have been delivered to the Original Trustee or the Trustee, as appropriate, or their respective agents (including BONY and Bank One). The pledge and assignment of the HHI Stock is junior and subordinate to the pledge and assignment thereof to the Original Trustee pursuant to the Original Pledge Agreement and is subject to the terms and conditions contained in the Original Indenture and the Original Pledge Agreement; and the pledge and assignment of the Brookwood Stock is junior and subordinate to the pledges and assignments thereof to (i) The Bank of New York as security for the Company's guaranty of certain indebtedness of BCI to The Bank of New York and (ii) the Original Trustee pursuant to the Original Pledge Agreement and subject to the terms and conditions contained in the Original Indenture and the Original Pledge Agreement. (b) In case the Company shall acquire any additional shares of a class of capital stock of any corporation (i) all or a portion of the shares of such class of which have been pledged pursuant to Section 1(a) above and (ii) which is a wholly-owned subsidiary of the Company, or the successor of any such corporation, or any securities which are exercisable or exchangeable for or convertible into shares of such capital stock of any such corporation, by purchase or otherwise, then the Company shall forthwith pledge such number of shares or other securities to the Trustee under this Agreement and deliver such number of shares or other securities to the Trustee or the Original Trustee, as appropriate, or their respective agents (including BONY and Bank One) in connection therewith as represents the same proportion to the number of shares or securities being acquired as the number of shares (including shares which securities are exercisable or exchangeable for or convertible into) of such class previously pledged hereunder bears to the number of shares (including shares which securities are exercisable or exchangeable for or convertible into) of such class owned by the Company immediately prior to such acquisition by the Company. The Company agrees that the Trustee may from time to time attach as Annex A hereto an updated list of the shares of capital stock or securities at the time pledged with the Trustee hereunder. (c) The Company also hereby pledges, assigns, grants a security interest in, and delivers to the Trustee the Cash Collateral Account and all of the Cash Collateral, as such terms are hereinafter defined.

Pledge of Stock Etc. (a) The Company Pledgor hereby pledges, assigns, grants to the Trustee a security interest in (A) in, and delivers to the number Agent, for its benefit and the benefit of the other Holders of Secured Obligations, all the shares of HHI Stock set forth capital stock (or other equity) of the Subsidiaries of every class described on Annex A hereto, currently held by the Original Trustee, (B) the number of shares common and preferred Brookwood Stock currently held by The Bank of New York ("BONY"), as collateral agent for the Original Trustee under the Intercreditor Agreement, dated as of January 7, 1997, between BONY and the Original Trustee, and (C) the number of shares of BSH Stock to be held by Bank Onethe Agent, N.A., as agent ("Bank One"), as collateral agent for the Original Trustee under the Intercreditor Agreement, dated as of ________, 1998, between Bank One its benefit and the Trustee, all for the benefit of the holders from time to time other Holders of the SecuritiesSecured Obligations, subject to the terms and conditions hereinafter set forth. The certificates for such shares, accompanied by stock powers or other appropriate instruments of assignment thereof duly executed in blank by the CompanyPledgor, have been delivered to the Original Trustee or the Trustee, as appropriate, or their respective agents (including BONY and Bank One). The pledge and assignment of the HHI Stock is junior and subordinate to the pledge and assignment thereof to the Original Trustee pursuant to the Original Pledge Agreement and is subject to the terms and conditions contained in the Original Indenture and the Original Pledge Agreement; and the pledge and assignment of the Brookwood Stock is junior and subordinate to the pledges and assignments thereof to (i) The Bank of New York as security for the Company's guaranty of certain indebtedness of BCI to The Bank of New York and (ii) the Original Trustee pursuant to the Original Pledge Agreement and subject to the terms and conditions contained in the Original Indenture and the Original Pledge AgreementAgent. (b) In case the Company Pledgor shall acquire any additional shares of a class of the capital stock (or other equity) of any Subsidiary, or corporation (i) all or a portion of the shares of such class of which have been pledged pursuant to Section 1(a) above and (ii) other business entity which is a wholly-owned subsidiary of the Company, or the successor of any such corporationa Subsidiary described on Annex A hereto, or any securities which are exercisable or exchangeable for or convertible into shares of such capital stock (or other equity) of any class of such corporationSubsidiary, by purchase or otherwise, then the Company Pledgor shall forthwith deliver to and pledge such number of shares or other securities to the Trustee Agent, for its benefit and the benefit of the other Holders of Secured Obligations, under this Agreement and deliver such number of shares or other securities to the Trustee or the Original Trustee, as appropriate, or their respective agents (including BONY and Bank One) in connection therewith as represents the same proportion to the number of shares or securities being acquired as the number of shares (including shares which securities are exercisable or exchangeable for or convertible into) of such class previously pledged hereunder bears to the number of shares (including shares which securities are exercisable or exchangeable for or convertible into) of such class owned by the Company immediately prior to such acquisition by the Company. The Company agrees that the Trustee may from time to time attach as Annex A hereto an updated list of the shares of capital stock or securities at the time pledged with the Trustee hereunderAgreement. (c) The Company Pledgor also hereby pledges, assigns, grants a security interest in, and delivers to the Trustee Agent, for its benefit and the benefit of the other Holders of Secured Obligations, the Cash Collateral Account and all of the Cash Collateral, Collateral as such terms are hereinafter defined. (d) In the event the Pledgor shall acquire any shares of the capital stock (or other equity) of any additional Subsidiary formed or acquired as a corporation the capital stock of which is required to be pledged to the Agent hereunder pursuant to Section 6.10 of the Credit Agreement, the Pledgor shall execute and deliver to the Agent, for its benefit and the benefit of the other Holders of Secured Obligations, a supplement to this Agreement in the form of Exhibit A attached hereto with respect to all classes of such capital stock and shall deliver to the Agent therewith all certificates for the shares of such capital stock, which shall be described on Annex A thereto, accompanied by stock powers or other appropriate instruments of assignment thereof duly executed in blank by the Pledgor, all within the time period prescribed by Section 6.10 of the Credit Agreement.