Security for Secured Obligations. The security interest created hereby in the Pledged Collateral constitutes continuing collateral security for the prompt payment and due performance and observance of all of the following Secured Obligations (the “Secured Obligations”): (a) all liabilities, obligations, or undertakings owing by the Company to the Secured Parties of any kind or description arising out of or outstanding under, advanced or issued pursuant to, or evidenced by the Securities Purchase Agreement, the Notes, the Warrants or any of the other Transaction Documents, and (b) all liabilities, obligations, or undertakings owing by Pledgor to the Secured Parties under this Agreement, in each case with respect to the foregoing liabilities, obligations or undertakings, irrespective of whether for the payment of money, whether direct or indirect, absolute or contingent, liquidated or unliquidated, determined or undetermined, due or to become due, voluntary or involuntary, whether now existing or hereafter arising, and including all interest, costs, indemnities, fees (including attorneys fees), and expenses (including interest, costs, indemnities, fees, and expenses that, but for the provisions of the Bankruptcy Code, would have accrued irrespective of whether a claim therefor is allowed) and any and all other amounts which Company or Pledgor is required to pay pursuant to any of the foregoing, by law, or otherwise.
Appears in 4 contracts
Samples: Shareholder Pledge Agreement (Visionary Education Technology Holdings Group Inc.), Shareholder Pledge Agreement (Blue Hat Interactive Entertainment Technology), Shareholder Pledge Agreement (BOQI International Medical, Inc.)
Security for Secured Obligations. The security interest Security Interest created hereby in the Pledged Collateral constitutes continuing collateral security for the prompt payment and due performance and observance of all of the following Secured Obligations obligations (collectively, the “Secured Obligations”):
): (a) all liabilitiesthe aggregate principal amount, obligationsinterest and other payment obligations due, or undertakings owing by which may become due, under the Company Debenture, (b) all other obligations and liabilities of the Debtor to the Investors under the Purchase Agreement and the other Documents, and (c) all other obligations and liabilities of the Debtor to the Secured Parties of any kind or description arising out of or outstanding underParty under this Agreement (the Debenture, advanced or issued pursuant to, or evidenced by the Securities Purchase Agreement, the Notes, the Warrants or any of this Agreement and the other Transaction Documents, and
(b) all liabilitiesas each may be amended, obligationsrestated, or undertakings owing by Pledgor modified and/or supplemented from time to time, collectively, the Secured Parties under this Agreement, in each case with respect to the foregoing liabilities, obligations or undertakings, irrespective of whether for the payment of money, whether direct or indirect, absolute or contingent, liquidated or unliquidated, determined or undetermined, due or to become due, voluntary or involuntary“Documents”), whether now existing or hereafter arising, direct or indirect, liquidated or unliquidated, absolute or contingent, due or not due and including all interestwhether under, costspursuant to or evidenced by a note, indemnitiesagreement, fees guaranty, instrument or otherwise (including attorneys fees)in each case, irrespective of the genuineness, validity, regularity or enforceability of such Secured Obligations, or of any instrument evidencing any of the Secured Obligations or of any collateral therefor or of the existence or extent of such collateral, and expenses (including irrespective of the allowability, allowance or disallowance of any or all of such Secured Obligations in any case commenced by or against the Debtor under Xxxxx 00, Xxxxxx Xxxxxx Code, including, without limitation, obligations of the Debtor for post-petition interest, costs, indemnities, fees, costs and expenses that, charges that would have accrued or been added to the Secured Obligations but for the provisions commencement of the Bankruptcy Code, would have accrued irrespective of whether a claim therefor is allowed) and any and all other amounts which Company or Pledgor is required to pay pursuant to any of the foregoing, by law, or otherwisesuch case).
Appears in 3 contracts
Samples: Security Agreement (Gulf United Energy, Inc.), Security Agreement (Gulf United Energy, Inc.), Security Agreement (Gulf United Energy, Inc.)
Security for Secured Obligations. The security interest created hereby in the Pledged Collateral constitutes continuing collateral security for the prompt payment and due performance and observance of all of the following Secured Obligations (the “Secured Obligations”):
(a) all liabilities, obligations, or undertakings owing by the Company to the Secured Parties of any kind or description arising out of or outstanding under, advanced or issued pursuant to, or evidenced by the Securities Purchase Agreement, the Notes, the Warrants Notes or any of the other Transaction Documents, and
(b) all liabilities, obligations, or undertakings owing by Pledgor to the Secured Parties under this Agreement, in each case with respect to the foregoing liabilities, obligations or undertakings, irrespective of whether for the payment of money, whether direct or indirect, absolute or contingent, liquidated or unliquidated, determined or undetermined, due or to become due, voluntary or involuntary, whether now existing or hereafter arising, and including all interest, costs, indemnities, fees (including attorneys fees), and expenses (including interest, costs, indemnities, fees, and expenses that, but for the provisions of the Bankruptcy Code, would have accrued irrespective of whether a claim therefor is allowed) and any and all other amounts which Company or Pledgor is required to pay pursuant to any of the foregoing, by law, or otherwise.
Appears in 2 contracts
Samples: Shareholder Pledge Agreement (Golden Sun Health Technology Group LTD), Shareholder Pledge Agreement (Visionary Holdings Inc.)
Security for Secured Obligations. The security interest created hereby in the Pledged Collateral constitutes continuing collateral security for the prompt payment and due performance and observance of all of the following Secured Obligations (the “"Secured Obligations”"):
(a) all liabilities, obligations, or undertakings owing by the Company to the Secured Parties Collateral Agent or the Buyers of any kind or description arising out of or outstanding under, advanced or issued pursuant to, or evidenced by the Securities Purchase Agreement, the Notes, the Warrants Notes or any of the other Transaction Documents, and
(b) all liabilities, obligations, or undertakings owing by Pledgor to the Secured Parties Collateral Agreement or the Buyers under this Agreement, in each case with respect to the foregoing liabilities, obligations or undertakings, irrespective of whether for the payment of money, whether direct or indirect, absolute or contingent, liquidated or unliquidated, determined or undetermined, due or to become due, voluntary or involuntary, whether now existing or hereafter arising, and including all interest, costs, indemnities, fees (including attorneys fees), and expenses (including interest, costs, indemnities, fees, and expenses that, but for the provisions of the Bankruptcy Code, would have accrued irrespective of whether a claim therefor is allowed) and any and all other amounts which Company or Pledgor is required to pay pursuant to any of the foregoing, by law, or otherwise.
Appears in 2 contracts
Samples: Pledge Agreement (China VoIP & Digital Telecom Inc.), Pledge Agreement (General Steel Holdings Inc)
Security for Secured Obligations. The security interest Security Interest created hereby in the Pledged Collateral constitutes continuing collateral security for the prompt payment and due performance and observance of all of the following Secured Obligations obligations (collectively, the “Secured Obligations”):
): (a) all liabilitiesthe aggregate principal amount, obligationsinterest and other payment obligations due, or undertakings owing by which may become due, under the Company Notes, (b) all other obligations and liabilities of the Pledgor to the Secured Parties Pledgee under the Purchase Agreement and the Transaction Documents, and (c) all other obligations and liabilities of any kind or description arising out of or outstanding underthe Pledgor to the Pledgee under this Agreement (the Notes, advanced or issued pursuant to, or evidenced by the Securities Purchase Agreement, the Notes, the Warrants or any of the other Transaction Documents, and
(b) all liabilities, obligations, or undertakings owing by Pledgor to the Secured Parties under Documents and this Agreement, in as each case with respect may be amended, restated, modified and/or supplemented from time to time, collectively, the foregoing liabilities, obligations or undertakings, irrespective of whether for the payment of money, whether direct or indirect, absolute or contingent, liquidated or unliquidated, determined or undetermined, due or to become due, voluntary or involuntary“Documents”), whether now existing or hereafter arising, direct or indirect, liquidated or unliquidated, absolute or contingent, due or not due and including all interestwhether under, costspursuant to or evidenced by a note, indemnitiesagreement, fees guaranty, instrument or otherwise (including attorneys fees)in each case, irrespective of the genuineness, validity, regularity or enforceability of such Secured Obligations, or of any instrument evidencing any of the Secured Obligations or of any collateral therefor or of the existence or extent of such collateral, and expenses (including irrespective of the allowability, allowance or disallowance of any or all of such Secured Obligations in any case commenced by or against the Pledgor under Xxxxx 00, Xxxxxx Xxxxxx Code, including, without limitation, obligations of the Pledgor for post-petition interest, costs, indemnities, fees, costs and expenses that, charges that would have accrued or been added to the Secured Obligations but for the provisions commencement of the Bankruptcy Code, would have accrued irrespective of whether a claim therefor is allowed) and any and all other amounts which Company or Pledgor is required to pay pursuant to any of the foregoing, by law, or otherwisesuch case).
Appears in 2 contracts
Samples: Company Pledge and Security Agreement (Umami Sustainable Seafood Inc.), Company Pledge and Security Agreement (Umami Sustainable Seafood Inc.)
Security for Secured Obligations. The security interest Security Interest created hereby in the Pledged Collateral constitutes continuing collateral security for the prompt payment and due performance and observance of all of the following Secured Obligations obligations (collectively, the “Secured Obligations”):
): (a) all liabilitiesthe aggregate principal amount, obligationsinterest and other payment obligations due, or undertakings owing by which may become due, under the Company Notes, (b) all other monetary and non-monetary obligations and liabilities of the Companies to the Secured Parties of any kind or description arising out of or outstanding under, advanced or issued pursuant to, or evidenced by Party and the Securities Investors under the Purchase Agreement, the Notes, the Warrants or any of Agreement and the other Transaction Documents, and
(b) all liabilitiesincluding, obligationswithout limitation, or undertakings owing by Pledgor to the Secured Parties under this AgreementGuaranties, in each case with respect to the foregoing liabilities, obligations or undertakings, irrespective and including Curative Actions consisting of whether for the payment of money, whether direct or indirectand (c) all other obligations and liabilities of the Companies to the Secured Party under this Agreement and the other Transaction Documents (as each such Transaction Document may be amended, absolute or contingentrestated, liquidated or unliquidated, determined or undetermined, due or to become due, voluntary or involuntarymodified and/or supplemented), whether now existing or hereafter arising, direct or indirect, liquidated or unliquidated, absolute or contingent, due or not due and including all interestwhether under, costspursuant to or evidenced by a note, indemnitiesagreement, fees guaranty, instrument or otherwise (including attorneys fees)in each case, irrespective of the genuineness, validity, regularity or enforceability of such Secured Obligations, or of any instrument evidencing any of the Secured Obligations or of any collateral therefor or of the existence or extent of such collateral, and expenses (including irrespective of the allowability, allowance or disallowance of any or all of such Secured Obligations in any case commenced by or against the Debtor under Xxxxx 00, Xxxxxx Xxxxxx Code, including, without limitation, obligations of the Debtor for post-petition interest, costs, indemnities, fees, costs and expenses that, charges that would have accrued or been added to the Secured Obligations but for the provisions commencement of the Bankruptcy Code, would have accrued irrespective of whether a claim therefor is allowed) and any and all other amounts which Company or Pledgor is required to pay pursuant to any of the foregoing, by law, or otherwisesuch case).
Appears in 2 contracts
Samples: Pledge Agreement (Gulf United Energy, Inc.), Pledge Agreement (Gulf United Energy, Inc.)
Security for Secured Obligations. The security interest created hereby in the Pledged Collateral constitutes continuing collateral security for the prompt and complete payment and due performance and observance of all of the following Secured Obligations (the “Secured Obligations”):
(a) all liabilities, obligations, or undertakings owing by the Company to the Secured Parties of any kind or description arising out of or outstanding under, advanced or issued pursuant to, or evidenced by the Securities Purchase Agreement, the Notes, the Warrants Notes or any of the other Transaction Documents, and
(b) all liabilities, obligations, or undertakings owing by Pledgor to the Secured Parties under this Agreement, in each case with respect to the foregoing liabilities, obligations or undertakings, irrespective of whether for the payment of money, whether direct or indirect, absolute or contingent, liquidated or unliquidated, determined or undetermined, due or to become due, voluntary or involuntary, whether now existing or hereafter arising, and including all interest, costs, indemnities, fees (including attorneys attorney’s fees), and expenses (including interest, costs, indemnities, fees, and expenses that, but for the provisions of the Bankruptcy Code, would have accrued irrespective of whether a claim therefor is allowed) and any and all other amounts which Company or Pledgor is required to pay pursuant to any of the foregoing, by law, or otherwise.
Appears in 2 contracts
Samples: Shareholder Pledge Agreement (Farmmi, Inc.), Shareholder Pledge Agreement (Farmmi, Inc.)
Security for Secured Obligations. The security interest created hereby in the Pledged Collateral constitutes continuing collateral security for the prompt payment and due performance and observance of all of the following Secured Obligations (the “Secured Obligations”):
(a) all liabilities, obligations, or undertakings owing by the Company to the Secured Parties Party of any kind or description arising out of or outstanding under, advanced or issued pursuant to, or evidenced by the Securities Purchase Agreement, the Notes, the Warrants or any of the other Transaction Documents, and
(b) all liabilities, obligations, or undertakings owing by Pledgor to the Secured Parties Party under this Agreement, in each case with respect to the foregoing liabilities, obligations or undertakings, irrespective of whether for the payment of money, whether direct or indirect, absolute or contingent, liquidated or unliquidated, determined or undetermined, due or to become due, voluntary or involuntary, whether now existing or hereafter arising, and including all interest, costs, indemnities, fees (including attorneys fees), and expenses (including interest, costs, indemnities, fees, and expenses that, but for the provisions of the Bankruptcy Code, would have accrued irrespective of whether a claim therefor is allowed) and any and all other amounts which Company or Pledgor is required to pay pursuant to any of the foregoing, by law, or otherwise.
Appears in 1 contract
Samples: Security Pledge Agreement (ETAO International Co., Ltd.)
Security for Secured Obligations. The security interest created hereby in the Pledged Collateral constitutes continuing collateral security for the prompt payment and due performance and observance of all of the following Secured Obligations (the “Secured Obligations”):
(a) all liabilities, obligations, or undertakings owing by the Company to the Secured Parties Party of any kind or description arising out of or outstanding under, advanced or issued pursuant to, or evidenced by the Securities Purchase Agreement, the Notes, the Warrants Notes or any of the other Transaction Documents, and
(b) all liabilities, obligations, or undertakings owing by Pledgor to the Secured Parties Party under this Agreement, in each case with respect to the foregoing liabilities, obligations or undertakings, irrespective of whether for the payment of money, whether direct or indirect, absolute or contingent, liquidated or unliquidated, determined or undetermined, due or to become due, voluntary or involuntary, whether now existing or hereafter arising, and including all interest, costs, indemnities, fees (including attorneys attorney’s fees), and expenses (including interest, costs, indemnities, fees, and expenses that, but for the provisions of the Bankruptcy Code, would have accrued irrespective of whether a claim therefor is allowed) and any and all other amounts which Company or Pledgor is required to pay pursuant to any of the foregoing, by law, or otherwise.
Appears in 1 contract
Samples: Stockholder Pledge Agreement (Gaucho Group Holdings, Inc.)
Security for Secured Obligations. The security interest created hereby in the Pledged Collateral constitutes continuing collateral security for the prompt payment and due performance and observance of all of the following Secured Obligations (the “Secured Obligations”):
(a) all liabilities, obligations, or undertakings owing by the Company to the Secured Parties Collateral Agent or the Investors of any kind or description arising out of or outstanding under, advanced or issued pursuant to, or evidenced by the Securities Purchase Agreement, the Notes, the Warrants Convertible Notes or any of the other Transaction Documents, and
(b) all liabilities, obligations, or undertakings owing by Pledgor to the Secured Parties Collateral Agreement or the Investors under this Agreement, in each case with respect to the foregoing liabilities, obligations or undertakings, irrespective of whether for the payment of money, whether direct or indirect, absolute or contingent, liquidated or unliquidated, determined or undetermined, due or to become due, voluntary or involuntary, whether now existing or hereafter arising, and including all interest, costs, indemnities, fees (including attorneys fees), and expenses (including interest, costs, indemnities, fees, and expenses that, but for the provisions of the Bankruptcy Code, would have accrued irrespective of whether a claim therefor is allowed) and any and all other amounts which Company or Pledgor is required to pay pursuant to any of the foregoing, by law, or otherwise.
Appears in 1 contract
Samples: Pledge Agreement (China Housing & Land Development, Inc.)
Security for Secured Obligations. The security interest created hereby in the Pledged Collateral constitutes continuing collateral security for the prompt payment and due performance and observance of all of the following Secured Obligations (the “Secured Obligations”):
(a) all liabilities, obligations, or undertakings owing by the Company to the Secured Parties Party of any kind or description arising out of or outstanding under, advanced or issued pursuant to, or evidenced by the Securities Purchase Agreement, the Notes, Notes and the Warrants or any of the other Transaction Documents, and
(b) all liabilities, obligations, or undertakings owing by Pledgor to the Secured Parties Party under this Agreement, in each case with respect to the foregoing liabilities, obligations or undertakings, irrespective of whether for the payment of money, whether direct or indirect, absolute or contingent, liquidated or unliquidated, determined or undetermined, due or to become due, voluntary or involuntary, whether now existing or hereafter arising, and including all interest, costs, indemnities, fees (including attorneys attorney’s fees), and expenses (including interest, costs, indemnities, fees, and expenses that, but for the provisions of the Bankruptcy Code, would have accrued irrespective of whether a claim therefor is allowed) and any and all other amounts which Company or Pledgor is required to pay pursuant to any of the foregoing, by law, or otherwise.
Appears in 1 contract
Samples: Stockholder Pledge Agreement (Gaucho Group Holdings, Inc.)
Security for Secured Obligations. The security interest created hereby in the Pledged Collateral constitutes continuing collateral security for the prompt payment and due performance and observance of all of the following Secured Obligations (the “"Secured Obligations”"):
(a) all liabilities, obligations, or undertakings owing by the Company to the Secured Parties of any kind or description arising out of or outstanding under, advanced or issued pursuant to, or evidenced by the Securities Purchase Agreement, the Notes, the Warrants or any of the other Transaction Documents, and
(b) all liabilities, obligations, or undertakings owing by Pledgor to the Secured Parties under this Agreement, in each case with respect to the foregoing liabilities, obligations or undertakings, irrespective of whether for the payment of money, whether direct or indirect, absolute or contingent, liquidated or unliquidated, determined or undetermined, due or to become due, voluntary or involuntary, whether now existing or hereafter arising, and including all interest, costs, indemnities, fees (including attorneys fees), and expenses (including interest, costs, indemnities, fees, and expenses that, but for the provisions of the Bankruptcy Code, would have accrued irrespective of whether a claim therefor is allowed) and any and all other amounts which Company or Pledgor is required to pay pursuant to any of the foregoing, by law, or otherwise.
Appears in 1 contract
Samples: Shareholder Pledge Agreement (Kandi Technologies Corp)