Common use of Security Interest in the Collateral Clause in Contracts

Security Interest in the Collateral. To secure the prompt payment and performance to each Agent, Issuer and each Lender (and each other holder of any Obligations) of the Obligations, each Loan Party hereby assigns, pledges and grants to Administrative Agent for its benefit and for the ratable benefit of Term Loan B Agent, each Lender, Issuer and each other Secured Party, a continuing security interest in and to and Lien on all of its Collateral, whether now owned or existing or hereafter created, acquired or arising and wheresoever located. Each Loan Party shall xxxx its books and records as may be necessary or appropriate to evidence, protect and perfect Administrative Agent’s security interest and shall cause its financial statements to reflect such security interest. Each Loan Party shall provide Administrative Agent with written notice of all commercial tort claims promptly upon the occurrence of any events giving rise to any such claim(s) (regardless of whether legal proceedings have yet been commenced), such notice to contain a brief description of the claim(s), the events out of which such claim(s) arose and the parties against which such claims may be asserted and, if applicable in any case where legal proceedings regarding such claim(s) have been commenced, the case title together with the applicable court and docket number. Upon delivery of each such notice, such Loan Party shall be deemed to thereby grant to Administrative Agent a security interest and lien in and to such commercial tort claims described therein and all proceeds thereof. Each Loan Party shall provide Administrative Agent with written notice promptly upon becoming the beneficiary under any letter of credit or otherwise obtaining any right, title or interest in any letter of credit rights, and at any Agent’s reasonable request shall take such actions as any such Agent may reasonably request for the perfection of Administrative Agent’s security interest therein.

Appears in 2 contracts

Samples: Security Agreement (A.S.V., LLC), Security Agreement (Manitex International, Inc.)

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Security Interest in the Collateral. To secure the prompt payment and performance to each Agent, Issuer each other Secured Party and each Lender (and each other holder of any Obligations) , of the Obligations, each Loan Party hereby assigns, pledges and grants to Administrative Agent for its benefit and for the ratable benefit of Term Loan B Agent, each Lender, Issuer and each other Secured PartyParty and holder of any Obligations, a continuing security interest in and to and Lien on all of its Collateral, whether now owned or existing or hereafter created, acquired or arising and wheresoever located. Each Loan Party shall xxxx its books and records as may be necessary or appropriate to evidence, protect and perfect Administrative Agent’s and each Secured Party’s security interest and shall cause its financial statements to reflect such security interest. Each Loan Party shall provide Administrative Agent with written notice (as required under Section 9.17) of all commercial tort claims promptly upon of such Loan Party (other than unasserted commercial tort claims) where the occurrence of any events giving rise amount claimed or under dispute is equal to any such claim(s) (regardless of whether legal proceedings have yet been commenced)or greater than $500,000, such notice to contain a brief description of the claim(s), the events out of which such claim(s) arose and the parties against which such claims may be have been asserted and, if applicable in any case where legal proceedings regarding such claim(s) have been commenced, the case title together with the applicable court and docket number. Upon delivery of each such notice, such Loan Party shall be deemed to thereby grant to Administrative Agent a security interest and lien in and to such commercial tort claims described therein and all proceeds thereof. Each Loan Party shall provide Administrative Agent with written notice promptly (as required under Section 9.17) upon becoming the beneficiary under any letter of credit or otherwise obtaining any right, title or interest in any letter of credit rightsrights having an undrawn face amount of $500,000 or more, and at any Agent’s reasonable request shall take such actions as any such Agent may reasonably request for the perfection of Administrative Agent’s security interest therein.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement and Guaranty (Viant Technology Inc.), Security Agreement (Viant Technology Inc.)

Security Interest in the Collateral. To secure the prompt payment and performance to each Agent, Issuer and each Lender (Agent and each other holder of any Obligations) Secured Party of the Obligations, each Domestic Loan Party hereby assigns, pledges and grants to Administrative Agent for its benefit and for the ratable benefit of Term Loan B Agent, each Lender, Issuer and each other Secured Party, a continuing security interest in and to and Lien on all of its Collateral, whether now owned or existing or hereafter created, acquired or arising and wheresoever wherever located. Each Domestic Loan Party shall xxxx mxxx its books and records as may be necessary or appropriate to evidence, protect and perfect Administrative Agent’s security interest and shall cause its financial statements to reflect such security interest. Each Domestic Loan Party shall provide Administrative Agent with written notice of all each commercial tort claim which involves or would reasonably be expected to involve claims in excess of $500,000 promptly upon any senior executive officer of any Domestic Loan Party becoming aware of the occurrence of any events giving rise to any such claim(s) claims (regardless of whether legal proceedings have yet been commenced), such notice to contain a brief description of the claim(s)claims, the events out of which such claim(s) claims arose and the parties against which such claims may be asserted and, if applicable in any case where legal proceedings regarding such claim(s) claims have been commenced, the case title together with the applicable court and docket number. Upon delivery of each such notice, such Domestic Loan Party shall be deemed to thereby grant to Administrative Agent a security interest and lien in and to such commercial tort claims described therein and all proceeds thereof. Each Domestic Loan Party shall provide Administrative Agent with written notice promptly upon becoming the beneficiary under any letter of credit or otherwise obtaining any right, title or interest in any letter of credit rights, and at any Agent’s reasonable request shall take such actions as any such Agent they may reasonably request for the perfection of Administrative Agent’s security interest therein.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Dasan Zhone Solutions Inc), Guaranty and Security Agreement (Dasan Zhone Solutions Inc)

Security Interest in the Collateral. To secure the prompt payment and performance to each Agent, Issuer and each Lender (and each other holder of any Obligations) of the Obligations, each Loan Party hereby collaterally assigns, and pledges and grants grants, to Administrative Agent for its benefit and for the ratable benefit of Term Loan B Agent, each Lender, Issuer and each other Secured Party, a continuing security interest in and to and Lien on all of its Collateral, whether now owned or existing or hereafter created, acquired or arising and wheresoever located. Each Loan Party shall xxxx its books and records as may be necessary or appropriate to evidence, protect and perfect Administrative Agent’s security interest and shall cause its financial statements to reflect such security interest. Each Loan Party shall provide Administrative Agent with written notice of all commercial tort claims in excess of $250,000 promptly upon the occurrence of any events giving rise to any such claim(s) (regardless of whether legal proceedings have yet been commenced), such notice to contain a brief description of the claim(s), the events out of which such claim(s) arose and the parties against which such claims may be asserted and, if applicable in any case where legal proceedings regarding such claim(s) have been commenced, the case title together with the applicable court and docket number. Upon delivery of each such notice, such Loan Party shall be deemed to thereby grant to Administrative Agent a security interest and lien in and to such commercial tort claims described therein and all proceeds thereof. Each Loan Party shall provide Administrative Agent with written notice promptly upon becoming the beneficiary under any letter of credit or otherwise obtaining any right, title or interest in any letter of credit rightsrights in excess of $250,000, and at any Agent’s reasonable request shall take such actions as any such Agent may reasonably request for the perfection of Administrative Agent’s security interest therein.

Appears in 1 contract

Samples: Collateral Pledge Agreement (Universal Logistics Holdings, Inc.)

Security Interest in the Collateral. To secure the prompt payment and performance to each Agent, Issuer and each Lender (and each other holder of any Obligations) of the Obligations, each Loan Party hereby assigns, pledges and grants to Administrative Agent for its benefit and for the ratable benefit of Term Loan B Agent, each Lender, Issuer and each other Secured Partyholder of any Obligations, a continuing security interest in and to and Lien on all of its Collateral, whether now owned or existing or hereafter created, acquired or arising and wheresoever wherever located. Each Loan Party shall xxxx its books and records as may be necessary or appropriate to evidence, protect and perfect Administrative Agent’s security interest and shall cause its financial statements to reflect such security interest. Each Loan Party shall provide Administrative Agent with written notice of all any individual commercial tort claims claim with a reasonably estimated value of more than $2,500,000 promptly upon after the occurrence of any events giving rise to any such claim(s) (regardless of whether legal proceedings have yet been commenced), such notice to contain a brief description of the claim(s), the events out of which such claim(s) arose and the parties against which such claims may be asserted and, if applicable in any case where legal proceedings regarding such claim(s) have been commenced, the case title together with the applicable court and docket number. Upon delivery of each such notice, such Loan Party shall be deemed to thereby grant to Administrative Agent a security interest and lien in and to such commercial tort claims described therein and all proceeds thereof. Each Loan Party shall provide Administrative Agent with written notice promptly upon becoming the beneficiary under any letter of credit or otherwise obtaining any right, title or interest in any letter of credit rights, in either case with respect to any letter of credit with a face amount in excess of $2,500,000, and at any Agent’s reasonable request shall take such actions as any such Agent may reasonably request for the perfection of Administrative Agent’s security interest therein.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Daseke, Inc.)

Security Interest in the Collateral. To secure the prompt payment and performance to each Agent, Issuer and each Lender (and each other holder of any Obligations) of the Obligations, each Loan Party hereby assigns, pledges and grants to Administrative Agent for its benefit and for the ratable benefit of Term Loan B Agent, each Lender, Issuer and each other Secured Party, a continuing security interest in and to and Lien on all of its Collateral, whether now owned or existing or hereafter created, acquired or arising and wheresoever located. Each Loan Party shall xxxx its books and records as may be necessary or appropriate to evidence, protect and perfect Administrative Agent’s security interest and shall cause its financial statements to reflect such security interest. Each Loan Party shall provide Administrative Agent with prompt written notice of all commercial tort claims promptly Commercial Tort Claims related to the Collateral for which the amount of damages sought exceeds Five Million and 00/100 Dollars ($5,000,000.00) upon the occurrence of any events giving rise to any such claim(s) (regardless of whether legal proceedings have yet been commenced), such notice to contain a brief description of the claim(s), the events out of which such claim(s) arose and the parties against which such claims may be asserted and, if applicable in any case where legal proceedings regarding such claim(s) 268323208 have been commenced, the case title together with the applicable court and docket number. Upon delivery of each such notice, such Loan Party shall be deemed to thereby grant to Administrative Agent a security interest and lien in and to such commercial tort claims Commercial Tort Claims related to the Collateral described therein and all proceeds thereof. Each Loan Party shall provide Administrative Agent with written notice promptly upon becoming the beneficiary under any letter of credit or otherwise obtaining any right, title or interest in any letter of credit rights, and at any Agent’s reasonable 's request shall take such actions as any such Agent may reasonably request for the perfection of Administrative Agent’s 's security interest therein.

Appears in 1 contract

Samples: Loan and Security Agreement (Ati Inc)

Security Interest in the Collateral. To secure the prompt payment and performance to each Agent, Issuer and each Lender (and each other holder of any Obligations) of the Obligations, each Loan Party hereby assigns, pledges and grants to Administrative Agent for its benefit and for the ratable benefit of Term Loan B Agent, each Lender, Issuer and each other Secured Party, a continuing security interest in and to and Lien on all of its Collateral, whether now owned or existing or hereafter created, acquired or arising and wheresoever located. Each Loan Party shall xxxx its books and records as may be necessary or appropriate to evidence, protect and perfect Administrative Agent’s security interest and shall cause its financial statements to reflect such security interest. Each Loan Party shall provide Administrative Agent with written notice of all commercial tort claims in favor of such Loan Party and with a potential value in excess of $50,000 promptly upon the occurrence of any events giving rise to any such claim(s) (regardless of whether legal proceedings have yet been commenced), such notice to contain a brief description of the claim(s), the events out of which such claim(s) arose and the parties against which such claims may be asserted and, if applicable in any case where legal proceedings regarding such claim(s) have been commenced, the case title together with the applicable court and docket number. Upon delivery of each such notice, such Loan Party shall be deemed to thereby grant to Administrative Agent a security interest and lien in and to such commercial tort claims described therein and all proceeds thereof. Each Loan Party shall provide Administrative Agent with written notice promptly upon becoming the beneficiary under any letter of credit or otherwise obtaining any right, title or interest in any letter of credit rightsrights with a potential value in excess of $50,000, and at any Agent’s reasonable request shall take such actions as any such Agent may reasonably request for the perfection of Administrative Agent’s security interest therein. 4.2.

Appears in 1 contract

Samples: Cca Industries Inc

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Security Interest in the Collateral. To secure the prompt payment and performance to each Agent, Issuer each other Secured Party and each Lender (and each other holder of any Obligations) , of the Obligations, each Loan Party hereby assigns, pledges and grants to Administrative Agent for its benefit and for the ratable benefit of Term Loan B Agent, each Lender, Issuer and each other Secured PartyParty and holder of any Obligations, a continuing security interest in and to and Lien on all of its Collateral, whether now owned or existing or hereafter created, acquired or arising and wheresoever located. Each Loan Party shall xxxx mark its books and records as may be necessary or appropriate to evidence, protect and perfect Administrative Agent’s and each Secured Party’s security interest and shall cause its financial statements to reflect such security interest. Each Loan Party shall provide Administrative Agent with written notice (as required under Section 9.17) of all commercial tort claims promptly upon of such Loan Party (other than unasserted commercial tort claims) where the occurrence of any events giving rise amount claimed or under dispute is equal to any such claim(s) (regardless of whether legal proceedings have yet been commenced)or greater than $500,000, such notice to contain a brief description of the claim(s), the events out of which such claim(s) arose and the parties against which such claims may be have been asserted and, if applicable in any case where legal proceedings regarding such claim(s) have been commenced, the case title together with the applicable court and docket number. Upon delivery of each such notice, such Loan Party shall be deemed to thereby grant to Administrative Agent a security interest and lien in and to such commercial tort claims described therein and all proceeds thereof. Each Loan Party shall provide Administrative Agent with written notice promptly (as required under Section 9.17) upon becoming the beneficiary under any letter of credit or otherwise obtaining any right, title or interest in any letter of credit rightsrights having an undrawn face amount of $500,000 or more, and at any Agent’s reasonable request shall take such actions as any such Agent may reasonably request for the perfection of Administrative Agent’s security interest therein.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement and Guaranty (Viant Technology Inc.)

Security Interest in the Collateral. To secure the prompt payment and performance to each Agent, Issuer and each Lender (and each other holder of any Obligations) of the Obligations, each Loan Party hereby assigns, pledges and grants to Administrative Agent for its benefit and for the ratable benefit of Term Loan B Agent, each Lender, Issuer and each other Secured Party, a continuing security interest in and to and Lien on all of its Collateral, whether now owned or existing or hereafter created, acquired or arising and wheresoever wherever located. Each Loan Party shall xxxx its books and records as may be necessary or appropriate to evidence, protect and perfect Administrative Agent’s security interest and shall cause its financial statements to reflect such security interestinterest to the extent required by GAAP. Each Loan Party shall provide Administrative Agent with written notice of all commercial tort claims constituting Collateral promptly upon the occurrence of any events giving rise to any such claim(s) claims (regardless of whether legal proceedings have yet been commenced), such notice to contain a brief description of the claim(s)claims, the events out of which such claim(s) claims arose and the parties against which such claims may be asserted and, if applicable in any case where legal proceedings regarding such claim(s) claims have been commenced, the case title together with the applicable court and docket number. Upon delivery of each such notice, such Loan Party shall be deemed to thereby grant to Administrative Agent a security interest and lien in and 074658.18062/111245555v.10 to such commercial tort claims described therein and all proceeds thereof. Each Loan Party shall provide Administrative Agent with written notice promptly upon becoming the beneficiary under any letter of credit or otherwise obtaining any right, title or interest in any letter of credit rights, and at any Agent’s reasonable request shall take such actions as any such Agent may reasonably request for the perfection of Administrative Agent’s security interest therein.

Appears in 1 contract

Samples: Security Agreement (Perma-Pipe International Holdings, Inc.)

Security Interest in the Collateral. To secure the prompt payment and performance to each Agent, Issuer and each Lender (and each other holder of any Obligations) of the Obligations, each Loan Party Borrower hereby assigns, pledges and grants to Administrative Agent for its benefit and for the ratable benefit of Term Loan B Agent, each Lender, Issuer Lender and each other Secured Party, Party a continuing security interest in and to and Lien on all of its Collateral, whether now owned or existing or hereafter created, acquired or arising and wheresoever located. Each Loan Party Borrower shall xxxx mark its books and records as may be necessary or appropriate to evidence, protect and perfect Administrative AgentLender’s and any other Secured Party’s security interest and shall cause its financial statements to reflect such security interest. Each Loan Party Borrower shall provide Administrative Agent Lender with written notice of all commercial tort claims promptly upon the occurrence of any events giving rise to any such claim(s) (regardless of whether legal proceedings have yet been commenced), such notice to contain a brief description of the claim(s), the events out of which such claim(s) arose and the parties against which such claims may be asserted and, if applicable in any case where legal proceedings regarding such claim(s) have been commenced, the case title together with the applicable court and docket number. Upon delivery of each such notice, such Loan Party Borrower shall be deemed to thereby grant to Administrative Agent Lender and each other Secured Party a security interest and lien in and to such commercial tort claims described therein and all proceeds thereof. Each Loan Party Borrower shall provide Administrative Agent Lender with written notice promptly upon becoming the beneficiary under any letter of credit or otherwise obtaining any right, title or interest in any letter of credit rights, and at any AgentLxxxxx’s reasonable request shall take such actions as any such Agent Lender may reasonably request for the perfection of Administrative AgentLxxxxx’s and each other Secured Party’s security interest therein.

Appears in 1 contract

Samples: Security Agreement (Quality Gold Holdings, Inc.)

Security Interest in the Collateral. To secure the prompt payment and performance to each Agent, Issuer and each Lender (Agent and each other holder of any Obligations) Secured Party of the Obligations, each Loan Party hereby assigns, pledges and grants to Administrative Agent for its benefit and for the ratable benefit of Term Loan B Agent, each Lender, Issuer and each other Secured Party, a continuing security interest in and to and Lien on all of its Collateral, whether now owned or existing or hereafter created, acquired or arising and wheresoever located. Each Loan Party shall xxxx mark its books and records as may be necessary or appropriate to evidence, protect and perfect Administrative Agent’s security interest and shall cause its financial statements to reflect such security interest. Each Loan Party shall provide Administrative Agent with written notice of all commercial tort claims promptly upon the occurrence of any events giving rise to any such claim(s) claims (regardless of whether legal proceedings have yet been commenced), such notice to contain a brief description of the claim(s), the events out of which such claim(s) claims arose and the parties against which such claims claim(s) may be asserted and, if applicable in any case where legal proceedings regarding such claim(s) have been commenced, the case title together with the applicable court and docket number. Upon delivery of each such notice, such Loan Party shall be deemed to thereby number and a grant to Administrative Agent of a security interest and lien in and to such commercial tort claims described therein and all proceeds thereof, such security interest to be Collateral under the terms of this Agreement. Each Loan Party shall provide Administrative Agent with written notice promptly upon becoming the beneficiary under any letter of credit or otherwise obtaining any right, title or interest in any letter of credit rights, and at any Agent’s reasonable request shall take such actions as any such Agent may reasonably request for the perfection and priority of Administrative Agent’s security interest therein. 4.2.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.)

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