Security Interest; Agency. As collateral security for Company's obligations to Lender under the Loan Agreement and the other loan documents described therein, Company hereby grants to Lender a present and continuing security interest in (a) the Lockbox and the Lockbox Account, (b) all contract rights and privileges in respect of the Lockbox or the Lockbox Account, and (c) all cash, checks, money orders and other items of value of Company now or hereafter paid, deposited, credited, held (whether for collection, provisionally or otherwise) or otherwise in the possession or under the control of, or in transit to, Bank or any agent, bailee or custodian thereof (collectively, "Receipts"), and all proceeds of the foregoing, and Bank acknowledges that this Agreement constitutes notice, in accordance with the Uniform Commercial Code, of Lender's security interest in such collateral. Lender hereby appoints Bank as Lender's bailee and pledgee-in-possession for the Lockbox, Lockbox Account and all Receipts, and Bank hereby accepts such appointment and agrees to be bound by the terms of this Agreement. Company hereby agrees to such appointment and further agrees that Bank, on behalf of Lender, shall be entitled to exercise, upon the written instructions of Lender, any and all rights which Lender may have under the Loan Agreement, the other loan documents described therein or under applicable law with respect to the Lockbox, Lockbox Account, all Receipts and all other collateral described in this paragraph 2.
Security Interest; Agency. (a) Each of Bank, the Company and Collateral Agent acknowledges that, in order to secure the prompt and complete payment, performance and observance of all “Liabilities” (as defined in the Security Agreement), the Company has granted, and for avoidance of doubt and without limiting any prior grant, does hereby grant, to Collateral Agent, for the benefit of itself and Buyers, a continuing lien upon, and security interest in, the Accounts and all funds, checks, cash, items, instruments, investments, securities and other things of value at any time paid, deposited, credited or held in, payable or withdrawable from or in transit to any Account (whether for collection, provisionally or otherwise), and all other property of the Company from time to time in the possession or under the control of, or in transit to, the Bank or any agent, bailee or custodian therefor, and all proceeds of all of the foregoing (collectively, the “Account Collateral”).
Security Interest; Agency. (a) Each of Bank, Borrower and Agent acknowledge that, in order to secure the prompt and complete payment, performance and observance of all “Obligations” (as defined in the Credit Agreement), the Borrower has granted, and for avoidance of doubt and without limiting any prior grant, does hereby grant, to the Agent, for the benefit of Agent and the Lenders, a continuing lien upon, and security interest in, the Accounts and all funds, checks, cash, items and other things of value at any time paid, deposited, credited or held in, payable or withdrawable from or in transit to any Account (whether for collection, provisionally or otherwise), and all other property of the Borrower from time to time in the possession or under the control of, or in transit to, the Bank or any agent, bailee or custodian therefor, and all proceeds of all of the foregoing (collectively, the “Account Collateral”).
Security Interest; Agency. (a) Pursuant to the Mortgage, and as security for the Secured Obligations as defined therein and as and to the extent provided therein, the Customer has granted, and does hereby grant, to the Secured Party a continuing lien upon, and security interest in, the Account and all funds, cash, investments (as described in Section 3 above), and other things of value at any time paid, deposited, credited or held in, payable or withdrawable from or in transit to the Account (whether for collection, provisionally or otherwise) and all proceeds of all of the foregoing (collectively, the “Account Collateral”).
Security Interest; Agency. The Customer is a party to (i) a security agreement (“ABL Security Agreement”) among the Customer and the ABL Secured Party for itself and for the benefit of certain other parties (“ABL Lenders”), by which the Customer has granted to the ABL Secured Party and, if applicable, the ABL Lenders, a security interest in (a) the Account, (b) all contract rights, claims and privileges in respect of the Account, and (c) all Items, and all proceeds of the foregoing; and (ii) a security agreement (“Term Security Agreement”) among the Customer and the Term Secured Party for itself and for the benefit of certain other parties (“Term Lenders”), by which the Customer has granted to the Term Secured Party and, if applicable, the Term Lenders, a security interest in (a) the Account, (b) all contract rights, claims and privileges in respect of the Account, and (c) all Items, and all proceeds of the foregoing.
Security Interest; Agency. As collateral security for Company’s obligations to Lender under the Security Agreement and the other loan documents described therein, Company hereby grants to Lender a present and continuing security interest in (a) the Deposit Account, (b) all contract rights, claims and privileges in respect of the Deposit Account, and (c) all cash, checks, money orders and other items of value of Company now or hereafter paid, deposited, credited or held (whether for collection, provisionally or otherwise) to or in the Deposit Account or otherwise in the possession or under the control of, or in transit to, Bank or any agent, bailee or custodian thereof for deposit in or credit to the Deposit Account and all proceeds of the foregoing (collectively, “Receipts”). Bank acknowledges the security interests of Lender in the Deposit Account and Receipts and that this Agreement constitutes notice of such security interests and Bank further acknowledges and agrees that it does not and shall not object to or contest Xxxxxx’s security interests in such collateral.
Security Interest; Agency. (a) Each of Bank, the Company, the Other Debtors and Collateral Agent acknowledges that, in order to secure the prompt and complete payment, performance and observance of all "Liabilities" (as defined in the Security Agreement), the Company and the Other Debtors have granted, and for avoidance of doubt and without limiting any prior grant, do hereby grant, to Collateral Agent, for the benefit of itself and the Buyers, a continuing lien upon, and security interest in, the Accounts and all funds, checks, cash, items, instruments, investments, securities and other things of value at any time paid, deposited, credited or held in, payable or withdrawable from or in transit to any Account (whether for collection, provisionally or otherwise), and all other property of the Company and the Other Debtors from time to time in the possession or under the control of, or in transit to, the Bank or any agent, bailee or custodian therefor, and all proceeds of all of the foregoing (collectively, the "Account Collateral").
Security Interest; Agency. As collateral security for Debtor' obligations to Creditor under (and as defined) the L/C Agreement, Debtor hereby grants to Creditor a present and continuing security interest in all of Debtor's rights, titles and interests in, to or under (a) the Account, (b) all contract rights, claims and privileges in respect of the Account, (c) all funds now or hereafter on deposit in the Account, and (d) all proceeds of the foregoing (including any interest or other income earned on the Account), and Bank acknowledges that this Agreement constitutes notice to Bank of Creditor's security interest in such collateral and Bank does hereby consent thereto; provided, that Bank makes no representation or warranty as to the value, perfection, priority or enforceability of such security interest. Creditor hereby appoints Bank as Creditor's bailee and pledgee-in-possession for the Account, and Bank hereby accepts such appointment and agrees to be bound by the terms of this Agreement. Debtor hereby agrees to such appointment and further agrees that Bank, on behalf of Creditor, shall be entitled to exercise, upon the written instructions of Creditor, any and all rights which Creditor may have under the L/C Agreement, the other letter of credit documents described therein or under applicable law with respect to the Account and all other collateral described in this paragraph 1. Bank and Debtor confirm to and agree with Creditor that the Account is not and will not be evidenced by any certificate of deposit, savings certificate or other instrument or certificated security.
Security Interest; Agency. The Borrower has granted to the Agent a continuing lien upon, and security interest in, the Accounts and all funds, items, instruments, investments, securities and other things of value at any time paid, deposited, credited or held in or in transit to any Account (whether for collection, provisionally or otherwise). The Agent hereby appoints the Bank as the Agent's agent and pledgee-in-possession for the Accounts, and all of the funds of the Borrower and such other items, instruments, investments, securities, things of value, property and proceeds; and the Bank by its execution and delivery of this Agreement hereby accepts such appointment and agrees to be bound by the terms of this Agreement. The Borrower hereby agrees to such appointment of the Bank and further agrees that the Bank, on behalf of the Agent, shall be entitled to exercise, upon the instructions of the Agent, any and all rights that the Agent may have under that certain Loan and Security Agreement dated as of ___________, 1997 among the Borrower, Agent and the Lenders named therein (as the same may be amended, supplemented or otherwise modified from time to time, the "Loan Agreement"; capitalized terms used herein without definition shall have the meaning ascribed to them in the Loan Agreement) and all other agreements and instruments executed pursuant thereto, or under applicable law, with respect to the Accounts and all other collateral described in this Section 2. The Bank agrees to take such action as shall from time to time be specified in writing from the Agent to enable the Agent to exercise its rights and remedies with respect to the lien and security interest described in this Section 2.
Security Interest; Agency. The Credit Parties have granted to the Collateral Agent a continuing lien upon, and security interest in, the Accounts and all funds, items, instruments, investments, securities and other things of value at any time paid, deposited, credited or held in or in transit to any Account. The Collateral Agent hereby appoints the Bank as agent for the Collateral Agent and pledgee-in-possession for the Accounts, and all of the funds of the Credit Parties and such other items, instruments, investments, securities, things of value, property and proceeds; and the Bank by its execution and delivery of this Agreement hereby accepts such appointment and agrees to be bound by the terms of this Agreement. Subject to the terms of Section 3 hereof, each Credit Party hereby agrees to such appointment of the Bank as agent for the Collateral Agent and further agrees that the Bank, on behalf of the Collateral Agent, shall be entitled, upon the instructions of the Collateral Agent, to exercise any and all rights that the Collateral Agent may have under the Security Agreement. Subject to Section 3 hereof and after the Bank's receipt of any notice from the Collateral Agent of the occurrence of any Event of Default (unless and until the Bank shall have received notice from the Collateral Agent that such Event of Default has been waived by the Lenders or cured to the satisfaction of the Lenders), the Bank agrees to comply with all instructions as shall from time to time be specified in writing by the Collateral Agent directing disposition of the funds and property in the Accounts to enable the Collateral Agent to exercise its rights and remedies with respect to the lien and security interest described in this Section 2 without further consent of the Credit Parties.
