Security Interest in Personal Property. 19.1 If any personal property collateral is detailed in the disclosure statement then you must do the following things:
a. store all goods that are part of the collateral at the address of the owner shown in the disclosure statement;
b. care for and maintain the collateral;
c. repair any damage to the collateral;
d. replace with other goods of a similar nature and value any of the goods that may be destroyed or lost or may cease to exist;
e. the security interest granted by this agreement includes a security interest over all goods acquired by you under clause
19.1 d.;
f. comply with all laws relating to its ownership and use;
g. allow us to inspect any collateral at the address of the owner shown in the disclosure statement provided we first give you 24 hours written notice; and you must not do any of the following things:
h. anything that could adversely affect your rights of ownership in the collateral;
i. dispose of the collateral by way of sale, or gift or lease;
j. allow someone else to have possession of the collateral;
k. destroy, damage, endanger or disassemble the collateral;
l. conceal or hide the collateral from us;
x. xxxxx any other security of the collateral or allow any lien to be created over it;
n. take the collateral out of New Zealand; and
o. use the collateral for any dangerous or illegal activity or for any purpose for which it was not intended.
19.2 If any collateral is a motor vehicle then, in addition to the above, you must:
a. not use it in any race or competitive activity;
b. not obtain any personalised registration plate or remove or alter any serial number without our prior written permission.
19.3 If you install or fix anything to any collateral then that thing becomes part of the collateral and subject to the security interest.
19.4 We have the right to take possession of any collateral if this is required to enable us to perfect our security interest.
19.5 If any collateral has been acquired for business purposes, the Consumer Xxxxxxxxxx Xxx 0000 does not apply.
19.6 You waive your right to receive a verification statement following registration of any security interest.
19.7 We may, at all reasonable times, either personally or by agents, enter upon your premises to inspect the collateral.
19.8 If you fail to do anything that you agree to do under this agreement then we may, but are not required to, do that covenanted act or thing.
19.9 If we incur any cost or make a payment as a result of our actions under clause 19.8, tha...
Security Interest in Personal Property. 2.2.1 This Mortgage shall constitute a security agreement and shall create and evidence a security interest or common law Lien in all the Equipment and in all the other items of Mortgaged Property in which a security interest may be granted or a common law pledge created pursuant to the UCC or under the common law in such state (collectively, "Personal Property").
2.2.2 Upon the occurrence and during the continuation of any Event of Default, in addition to the remedies set forth in Article III, Mortgagee shall have the power to sell the Personal Property in accordance with the UCC or under other applicable law. It shall not be necessary that any Personal Property offered be physically present at any such sale or constructively in the possession of Mortgagee or the person conducting the sale.
2.2.3 Upon the occurrence and during the continuance of any Event of Default, Mortgagee may sell the Personal Property or any part thereof at public or private sale with notice to Mortgagor as hereinafter provided. The Proceeds of any such sale, after deducting all expenses of Mortgagee in taking, storing, repairing and selling the Personal Property (including, without limitation, attorneys' fees) shall be applied in the manner set forth in subsection 3.2.
Security Interest in Personal Property. To secure the prompt payment to Lender of the Indebtedness, including but not limited to the Revolving Line of Credit Loan, the Term Loan, the Merchant Loan, and the Guaranty, together with all costs, expenses and fees payable by Borrower Group hereunder, Borrower Group hereby grants to Lender a continuing security interest in and to all of the following property and interests in property of Borrower Group, whether now owned or existing, hereafter acquired or arising, or in which Borrower Group now or hereafter has any rights, and wheresoever located:
(a) Accounts;
(b) Inventory;
(c) General Intangibles;
(d) Contract rights, chattel paper, instruments and documents;
(e) Investment properties, securities and securities accounts;
(f) Furniture, Fixtures, and Equipment;
(g) All monies, residues and property of any kind of Borrower Group now or at any time hereafter in the possession or under the control of Lender or a bailee of Lender;
(h) All accessions to, substitutions for and all replacements, products and proceeds of the foregoing, including, without limitation, proceeds of insurance policies insuring the aforesaid collateral and documents covering the aforesaid collateral, all property received wholly or partly in trade or exchange for such collateral, and all rents, revenues, issues, profits and proceeds arising from the sale, lease, license, encumbrance, collection or any other temporary or permanent disposition of such items or any interest therein whether or not they constitute “proceeds” as defined in the Uniform Commercial Code; and
(i) All books, records, documents and ledger receipts of Borrower Group pertaining to any of the foregoing, including, without limitation, customer lists, credit files, computer records, computer programs, storage media and computer software used or acquired in connection with generating, processing and storing such books and records or otherwise used or acquired in connection with documenting information pertaining to the aforesaid collateral.
Security Interest in Personal Property. To the fullest extent not otherwise prohibited by applicable law, Tenant hereby grants to Landlord a security interest in the collateral of Tenant described below pursuant to the California Commercial Code, to secure full performance by Tenant of the terms, provisions, covenants and conditions contained in this Lease. The collateral shall consist of the following: all licenses required to operate at the Premises for the Permitted Use; all inventory of Tenant at the Premises from time to time, including all merchandise, raw materials, goods in process and finished goods, and all furniture, fixtures, equipment and other items that Tenant may install or use in or upon the Premises from time to time, whether now so used or installed or used or installed at any time during the Term of this Lease or any extension thereof (all of inventory, furniture, fixtures and equipment hereinafter collectively called "collateral"); provided, however, excluding all cannabis plants and other inventory or equipment for which a security interest may not be taken by Landlord under California law. Tenant acknowledges and agrees that Landlord, in its sole and absolute discretion, may require Tenant to execute agreements to perfect Landlord's secured interest in the collateral, including without limitation Landlord's form of pledge and security agreement. This Lease shall constitute a security agreement under the Uniform Commercial Code so that Landlord shall have and may enforce such security interest. Tenant represents, warrants and covenants that no financing statement covering the collateral or any part thereof, or any proceeds thereof, is on file with any public office. Upon execution of this Lease, or at any time thereafter at the request of Landlord, Tenant shall join in executing one or more financing statements pursuant to Article 9 of the California Commercial Code in form satisfactory to Landlord and any other instrument or document requested by Landlord to reflect the security interest hereby granted. Tenant shall pay the costs of filing such statement or statements or other instrument or document wherever filing is deemed necessary or desirable by Landlord. As to each item of collateral, Tenant warrants and represents that it is the owner of the collateral free from any liens, security interests or encumbrances, except for the security interest granted herein. Tenant shall defend the collateral against any and all claims and demands of all persons at any time claiming t...
Security Interest in Personal Property. Except with respect to Mortgage Loans set forth on Exhibit 20, the Mortgage Loan Documents create and the Seller has, and upon transfer of the Mortgage Loan Documents to the Purchaser and the recordation of the Assignments of Mortgage, the Purchaser will have, a first lien priority perfected security interest in all furniture, fixtures, and equipment subject to the lien of the Mortgage and related to the operation of the Mortgaged Property as a multifamily dwelling or commercial property and condemnation and casualty proceeds relating to the Mortgaged Property, subject only, if applicable, to a third party's interest in leased items of personalty.
Security Interest in Personal Property. 2.2.1 This Deed of Trust shall constitute a security agreement and shall create and evidence a security interest or common law Lien in all the Equipment and in all the other items of Property in which a security interest may be granted or a common law pledge created pursuant to the Uniform Commercial Code as in effect in the state in which the Premises are located or under the common law in such state (collectively, “Personal Property”).
2.2.2 Upon the occurrence and during the continuance of any Event of Default, in addition to the remedies set forth in Article III, Beneficiary shall have the power to sell the Personal Property in accordance with the Uniform Commercial Code as enacted in the state in which the Premises are located or under other applicable law. It shall not be necessary that any Personal Property offered be physically present at any such sale or constructively in the possession of Beneficiary or the person conducting the sale.
2.2.3 Upon the occurrence and during the continuance of any Event of Default,eneficiary may sell the Personal Property or any part thereof at public or private sale with notice to Grantor as hereinafter provided. The proceeds of any such sale, after deducting all reasonable expenses of Beneficiary in taking, storing, repairing and selling the Personal Property (including, without limitation, reasonable attorneys' fees and legal expenses), shall be applied in the manner set forth in subsection 3.3.
Security Interest in Personal Property. (a) This Debenture shall constitute a security agreement and shall create and evidence a security interest or common law Lien in all items of Mortgaged Property in which a security interest may be granted or created pursuant to the Personal Property Security Act (Ontario) ("PPSA"), if applicable, or any similar applicable legislation in effect in any state or province in which the Premises are located or under the common law in such state or province (collectively, "Personal Property"). Such security interest or Lien shall attach to the Personal Property at the earliest possible time under applicable law.
(b) Subject to the creation of the security interest contemplated in Section 2.2(a), upon the occurrence of any Event of Default, in addition to the remedies set forth in Section 3, Holder shall have the power to sell the Personal Property in accordance with the PPSA or any similar legislation as enacted in any state or province in which the Premises are located or under other applicable law. It shall not be necessary that any Personal Property offered be physically present at any such sale or constructively in the possession of Holder or the person conducting the sale.
(c) Subject to the creation of the security interest contemplated in Section 2.2(a), upon the occurrence and during the continuance of any Event of Default, Holder may sell the Personal Property or any part thereof at public or private sale with notice to Debtor as hereinafter provided. The Proceeds of any such sale, after deducting all expenses of Holder in taking, storing, repairing and selling the Personal Property (including, without limitation, attorneys' fees) shall be applied in the manner set forth in subsection 3.2(c). At any sale, public or private, of the Personal Property or any part thereof, Holder may purchase any or all of the Personal Property offered at such sale.
(d) Subject to the creation of the security interest contemplated in Section 2.2(a), holder shall give Debtor reasonable notice of any sale of any of the Personal Property pursuant to the provisions of this Section 2.2. Notwithstanding the provisions of Section 5.2, but subject to the requirements of all applicable laws, any such notice shall conclusively be deemed to be reasonable and effective if such notice is mailed at least five (5) days prior to any sale, by first class or certified mail, postage prepaid to Debtor at its address determined in accordance with the provisions of Section 5.2.
Security Interest in Personal Property. 2.2.1 This Mortgage shall constitute a security agreement and shall create and evidence a security interest in all the Equipment and in all the other items of property comprising the Mortgaged Property in which a security interest or lien may be granted or a common law pledge created pursuant to the Uniform Commercial Code as in effect in the state in which the Premises are located or under common law in such state (collectively, "Personal Property").
Security Interest in Personal Property. 2.2.1 This Mortgage shall constitute a security agreement and shall create and evidence a security interest or common law Lien in all the Equipment and in all the other items of Mortgaged Property in which a security interest may be granted or a common law pledge created pursuant to the UCC or under the common law in such state (collectively, "Personal Property").
2.2.2 Upon the occurrence and during the continuation of any Event of Default, in addition to the remedies set forth in Article III, Mortgagee shall have the power to sell the Personal Property in accordance with the UCC or under other applicable law. It shall not be necessary that any Personal Property offered be physically present at any such sale or constructively in the possession of Mortgagee or the person conducting the sale.
Security Interest in Personal Property. 2.2.1 This Mortgage shall constitute a security agreement and shall create and evidence a security interest or common law Lien in all the Equipment and in all the other items of Mortgaged Property in which a security interest may be granted or a common law pledge created pursuant to the Uniform Commercial Code as in effect in the state in which the Premises are located or under the common law in such state (collectively, "Personal Property").
2.2.2 Upon the occurrence and during the continuation of any Event of Default, in addition to the remedies set forth in Article III, Mortgagee shall have the power to sell the Personal Property in accordance with the Uniform Commercial Code as enacted in the state in which the Premises are located or under other applicable law. It shall not be necessary that any Personal Property offered be physically present at any such sale or constructively in the possession of Mortgagee or the person conducting the sale.
2.2.3 Upon the occurrence and during the continuance of any Event of Default, Mortgagee may sell the Personal Property or any part thereof at public or private sale with notice to Mortgagor as hereinafter provided. The Proceeds of any such sale, after deducting all expenses of Mortgagee in taking, storing, repairing and selling the Personal Property (including, without limitation, attorneys' fees) shall be applied in the manner set forth in subsection 3.2.
