Separate Collateral. (a) Notwithstanding any provision of this Agreement or any other Collateral Document (as defined in the Existing Credit Agreement) to the contrary, in no event shall any Secured Party, other than X. Xxxx or any successor as counterparty under the J. Xxxx Xxxxx Agreement, have any claim on, or right title or interest in and to the Hedge Agreement LOC or any proceeds thereof. Each Secured Party, other than X. Xxxx or any successor as counterparty under the J. Xxxx Xxxxx Agreement, acknowledges and agrees that the Hedge Agreement LOC is solely for the benefit of X. Xxxx and any successor thereto and X. Xxxx or any such successor shall not be required to share the Hedge Agreement LOC or any portion of the proceeds of such Hedge Agreement LOC with any Secured Party.
Separate Collateral. The parties hereto hereby acknowledge that Hedge Agreement Obligations may be secured by Separate Collateral, which Separate Collateral shall be held and maintained by X. Xxxx or the Specified Hedge Counterparty, as applicable. Notwithstanding any provision of this Agreement or any other Security Document to the contrary, (i) in no event shall any Secured Party, other than X. Xxxx or any successor as counterparty under the J. Xxxx Xxxxx Agreement, have any claim on, or right title or interest in and to any Separate Collateral (including any J. Xxxx Xxxxx Agreement LOC or any proceeds thereof) granted to X. Xxxx and (ii) in no event shall any Secured Party, other than the applicable Specifed Hedge Counterparty have any claim on, or right title or interest in and to any Separate Collateral (including any Specified Hedge Agreement LOC or any proceeds thereof) granted solely to such counterparty, as applicable. Each Secured Party (x) acknowledges and agrees that any Separate Collateral (including any J. Xxxx Xxxxx Agreement LOC) granted to X. Xxxx is solely for the benefit of X. Xxxx and any successor thereto and X. Xxxx or any such successor shall not be required to share such Separate Collateral with any Secured Party and (ii) any Separate Collateral (including any Specified Hedge Agreement LOC) granted to a Specified Hedge Counterparty is solely for the benefit of such counterparty and any successor thereto and such counterparty or any such successor shall not be required to share such Separate Collateral with any Secured Party.
Separate Collateral. 18 4.3 Confirmation of Liens.................................................................. 19 4.4 Releases............................................................................... 20
Separate Collateral. The 2014 Notes Separate Collateral secures only the 2014 Notes Secured Obligations, and no other Secured Party shall have any Liens thereon or any security interest therein. The First Lien Shared Collateral secures only the First Lien Secured Obligations, and no other Secured Party shall have any Liens thereon or any security interest therein.
Separate Collateral. Account Agreements, duly executed by each Borrower and Key Bank of Utah, pursuant to which such Borrower and such bank establish a depository account (the "Collateral Account") in the name of and under the sole and exclusive control of the Lender, from which such institution agrees to transfer finally collected funds to the Lender for application to such Borrower's Obligations.
Separate Collateral. The Lien of the AgStar Security Agreement shall constitute a single first priority Lien or security interest on or in the Separate Collateral which shall secure all holders from time to time of the AgStar Loan Liabilities as either principal or interest, with the same force and effect as if AgStar solely held a single Lien on and security interest in the Separate Collateral, and all proceeds and products thereof, whether now owned or hereafter existing. No other Person or Party shall hold a Lien or security interest on or in the Separate Collateral. No Party shall contest the validity, perfection, priority or enforceability of any Lien or security interest granted to any other Party or contemplated hereby. Notwithstanding any failure of a Party to perfect its security interest in the Collateral or any other defect in the security interests or obligations owing to such Party, the priority and rights as between the Parties hereto shall be as set forth herein.
Separate Collateral. All amounts received in respect of any of the Separate Collateral shall first be applied to payment of the AgStar Debt to the extent necessary to effect payment in full of the AgStar Debt. All amounts received in respect of any of the Separate Collateral in excess of the amount necessary to effect payment in full of the AgStar Debt shall be remitted to the Company.
Separate Collateral. The 2015 Notes Separate Collateral secures only the 2015 Notes Secured Obligations, and no other Secured Party shall have any Liens thereon or any security interest therein. The First Lien Shared Collateral secures only the First Lien Secured Obligations, and no other Secured Party shall have any Liens thereon or any security interest therein. The Lakes Dominion Account secures only the Lakes Secured Obligations, and no other Secured Party shall have any Liens thereon or any security interest therein. Until the Discharge of the 2015 Notes and any other First Lien Secured Obligation shall have occurred, Lakes shall ensure that no deposits shall be made into the Lakes Dominion Account and no assets shall be held in the Lakes Dominion Account, and if any assets shall be deposited in or credited to the Lakes Dominion Account at any time prior to such Discharge, then Lakes shall immediately cause such assets to be deposited in the Notes Dominion Account.
Separate Collateral. The 2014 Notes Separate Collateral secures only the 2014 Notes Secured Obligations, and no other Project Credit Party shall have any Liens thereon or any security interest therein. The Bank Separate Collateral secures only the Bank Secured Obligations, and no other Project Credit Party shall have any Liens thereon or any security interest therein.
Separate Collateral. Notwithstanding anything herein or in any other Secured Obligation Document to the contrary, each of the parties hereto acknowledges and agrees that the Subordinated Liens shall not attach to any Collateral other than the Project Counterparty Collateral.
