Shared Collateral. (1) The Notes are secured, together with all other Parity Secured Debt of the Company, equally and ratably by security interests granted to the Collateral Trustee in all of the assets of the Company; and
Shared Collateral. (i) other goods and personal property, whether tangible or intangible, now owned or hereafter acquired by such Obligor and such Partnership Obligor or in which such Obligor and such Partnership Obligor now has or hereafter acquires any rights and wherever located;
Shared Collateral. The Company will provide, and will cause certain subsidiaries to provide, collateral interests in substantially all their personal property in which the collateral interests may be perfected by the filing of Uniform Commercial Code financing statements and in certain capital stock or other equity interests in certain subsidiaries (the “Shared Collateral” which term shall, for the avoidance of doubt, include all collateral in which the Collateral Agent now or in the future has a lien pursuant to the Collateral Documents, except that such term will not include the capital stock of PAS unless the inclusion of such capital stock is consented to in writing by the Administrative Agent (or, if there is no Administrative Agent, the Majority Banks)) as security for (i) the Bank Debt, (ii) the Other Guaranty Shared Collateral Debt, and (iii) obligations under those interest rate protection, foreign currency exchange agreements and similar agreements with lenders under the Bank Credit Agreement or with their affiliates identified on Schedule 2.1(b) or with the written approval of the Administrative Agent (or if there is no Administrative Agent, the Majority Banks) (collectively, as more particularly described in the Collateral Documents, the “Shared Collateral Secured Obligations”). In each case, the liens and security interests in the Shared Collateral will be given as common shared liens and interests in favor of the Collateral Agent and shall rank pari passu for the ratable benefit of the holders of the Shared Collateral Secured Obligations. Notwithstanding anything contained herein or in any other agreement to the contrary, including but not limited to the Bank Credit Agreement and the Collateral Documents, the Credit Balance Account shall not be deemed Shared Collateral.
Shared Collateral. Notwithstanding anything to the contrary contained in the New Note Security Documents or the TransTexas Note Security Documents, Shared Collateral in the possession of the Collateral Agent pursuant to this Agreement, in the possession of TEC or the TEC Note Trustee pursuant to any of the New Note Security Documents, or in the possession of the TransTexas Note Trustee pursuant to any of the TransTexas Note Security Documents shall, pursuant to Section 9-305 of the Uniform Commercial Code as in effect in the State of New York, be held by such party in possession for its own account to the extent of its interest therein, and as pledgeholder and bailee for each of the other Secured Creditors, so that each of the Secured Creditors shall be deemed to have possession of such Shared Collateral. Each Secured Creditor is authorized and directed by the Issuer to deliver to the Collateral Agent for the benefit of the Secured Creditors pursuant to this Agreement any Shared Collateral now or hereafter in the possession of such Secured Creditor, and none of such Shared Collateral shall be released or distributed to the Issuer without the prior written consent of the TEC Note Trustee, on behalf of the Junior Secured Creditor, and the TransTexas Note Trustee, on behalf of the Senior Secured Creditors.
Shared Collateral. Each of the Joint Secured Parties agrees ----------------- that all Collateral pledged under this Agreement is for the joint benefit of all the Joint Secured Parties. The Pledgor has caused a counterpart of this Agreement to be duly executed and delivered as of the date first above written. MISSION ENERGY HOLDING COMPANY By: /s/ Xxxxxxxx X. Xxxxxx, Xx. ------------------------------ Name: Xxxxxxxx X. Xxxxxx, Xx. Title: Chief Executive Officer Address for Notices: 000 Xxxxxxxx Xxxxx Xxx Xxxxx, Xxxxxxxxxx 00000 WILMINGTON TRUST COMPANY As Trustee By: /s/ Xxxxx X. Xxxxx ------------------------------ Name: Xxxxx X. Xxxxx Title: Authorized Signer Address for Notices: Xxxxxx Square North 000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 WILMINGTON TRUST COMPANY As Joint Collateral Agent By: /s/ Xxxxx X. Xxxxx ------------------------------ Name: Xxxxx X. Xxxxx Title: Authorized Signer Address for Notices: Xxxxxx Xxxxxx North 000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 XXXXXXX XXXXX CREDIT PARTNERS L.P. As Administrative Agent /s/ Xxxxxx Xxxxxx By: ____________________________________ Name: Xxxxxx Xxxxxx Title: Authorized Signer Address for Notices: 00 Xxxxx Xxxxxx Xxx Xxxx, XX 00000 (Pledge and Security Agreement) to Pledge and Security Agreement dated as of July 2, 2001 in favor of Wilmington Trust Company as Joint Collateral Agent PLEDGED SHARES -------------- Name of Pledgor: Mission Energy Holding Company 000 Xxxxxxxx Xxxxx Xxx Xxxxx, XX 00000 Class and Number of Certificate Percentage Name of Issuer Par Value Shares Number Ownership -------------- --------- ------ ------ --------- Edison Mission 100 3 100% Energy
Shared Collateral. Subject to Section 2.06(d) hereof, the Secured Parties hereby agree that, if any Secured Party (other than the Collateral Agent, in its capacity as such) shall realize any funds on any Shared Collateral, or otherwise realize any funds under any Shared Security Document, other than as a result of distributions by the Collateral Agent in accordance with the provisions of this Agreement or the other Shared Security Documents, such Secured Party shall forthwith remit the same to the Collateral Agent, who shall deposit the same in the Shared Collateral Account.
Shared Collateral. If (a) Borrower receives signed written commitments for New Financing of at least $7,500,000 by December 31, 2011, (b) Borrower closes on that New Financing and receives the cash proceeds thereof by March 31, 2012, and (c) the New Financing is in the form of debt, Bank agrees that Borrower may grant the lenders of that New Financing (“New Secured Creditors”) a Lien on the Collateral that (x) may be senior in priority to Bank’s Lien as to Borrower’s machinery and equipment, the Surplus Cash and the Collateral described in Schedule 4.5, (y) may be equal in priority as to Bank’s Lien on the Intellectual Property Collateral, and (z) shall be junior in priority to Bank’s Lien on all other Collateral. Bank agrees to enter into agreements with the New Secured Creditors that will carry out the purposes of this Section and are otherwise in form and substance reasonably satisfactory to Bank. For avoidance of doubt, Borrower understands and agrees that any intercreditor agreement to be entered into with any New Secured Creditor shall contain a provision whereby such New Secured Creditor acknowledges that, upon the Bank’s exercise of its remedies as a secured party, cash proceeds from the collection, sale or other disposition of the Collateral that is subject to a senior lien in favor of Bank (including the Minimum Cash) shall be applied first to satisfy the Obligations before any Surplus Cash is applied to satisfy the obligations of any such New Secured Creditor.
Shared Collateral. Notwithstanding anything to the contrary contained in this Agreement, subject to the Intercreditor Agreement, the delivery of, or grant of “control” with respect to, any and all Collateral (other than the Parkdale JV Interests Collateral) to the ABL Agent (as defined in the Intercreditor Agreement) shall constitute compliance with the delivery or grant of control requirements of this Agreement and shall not constitute a breach or violation of the terms of this Agreement or the other Loan Documents.
Shared Collateral. As used in this Agreement, “Shared Collateral” shall mean, at any given time, all personal property of Borrower in which Bank and Creditor concurrently hold a security interest, and all proceeds and products thereof, as collateral to secure the Bank Obligations and the Creditor Obligations.
Shared Collateral. As collateral security for the prompt payment in full when due (whether at stated maturity, by acceleration or otherwise) of the Sharing Obligations, each Grantor hereby pledges and grants to the Collateral Trustee, for the benefit of the Sharing Secured Parties as hereinafter provided, a security interest in and to all of such Grantor's right, title and interest in, to and under the following property, whether now owned by such Grantor or hereafter acquired and whether now existing or hereafter coming into existence (all being collectively referred to herein as the "SHARED COLLATERAL"):
