Sufficiency of Collateral. The Collateral comprises all material rights and assets relating to the Products, now owned or hereafter acquired, that is owned or controlled by the Company.
Sufficiency of Collateral. Investor acknowledges that the obligations of Guarantor under this Guaranty and the LOI are non-recourse to the partners of Guarantor. Investor may only seek recovery from the Collateral and not from any assets of the partners of Guarantor.
Sufficiency of Collateral. No appraisal of the value of the Collateral has been made in connection with this offering of Notes, and the value of the Collateral in the event of liquidation may be materially different from the book value. The amount to be received upon a sale of the Collateral would be dependent on numerous factors, including but not limited to the actual fair market value of the Collateral at such time and the timing and the manner of the sale. By its nature, portions of the Collateral may be illiquid and may have no readily ascertainable market value. The fair market value of the Collateral is subject to fluctuations based on factors that include, among others, the condition of the Issuers’ industry, the ability to sell the Collateral in an orderly sale, general economic conditions, the availability of buyers and similar factors. The amount to be received upon a sale of the Collateral would also be dependent on numerous factors, including, but not limited to, the actual fair market value of the Collateral at such time and the timing and the manner of the sale. Accordingly, there can be no assurance that the Collateral can be sold in a short period of time (or at all) or in an orderly manner. In addition, the proceeds received in connection with such sale may not be sufficient to satisfy the First Lien Priority Indebtedness, the Notes and the other Indebtedness secured by a Lien on such Collateral. In addition, the Indenture will not prohibit the sale of Collateral. Upon the sale of Collateral, any cash received will not be subject to a Lien in favor of the holders of the First Lien Priority Indebtedness or the Second Lien Priority Indebtedness (including the Notes), except with respect to identifiable proceeds of Collateral as to which the Collateral Agreement has a perfected Lien. The Indenture will not include a requirement that the proceeds from the sale of Collateral be invested in replacement Collateral. Finally, in the event of a bankruptcy, the ability of the holders to realize upon any of the Collateral may be subject to certain bankruptcy law limitations as described below. If the proceeds of any of the Collateral were not sufficient to repay all amounts due on the Notes, the holders of the Notes (to the extent not repaid from the proceeds of the sale of the Collateral) would have only an unsecured claim against the remaining assets of the Issuers, Intermediate Holdings and the Note Guarantors, together with all other general unsecured claims of the Issuers...
Sufficiency of Collateral. No appraisal of the value of the Collateral has been made in connection with this offering. The Fair Market Value of the Collateral is subject to fluctuations based on factors that include, among others, the ability to sell the Collateral in an orderly sale, general economic conditions, the availability of buyers and similar factors. The amount to be received upon a sale of the Collateral would also be dependent on numerous factors, including, but not limited to, the actual Fair Market Value of the Collateral at such time and the timing and the manner of the sale. By its nature, portions of the Collateral may be illiquid and may have no readily ascertainable market value. Accordingly, there can be no assurance that the Collateral can be sold in a short period of time or in an orderly manner. In addition, in the event of a bankruptcy, the ability of the holders to realize upon any of the Collateral may be subject to certain bankruptcy law limitations as described below. The Collateral will be pledged pursuant to the security documents, which contain provisions relating to the administration, preservation and disposition of the Collateral. The following is a summary of some of the covenants and provisions set forth in the security documents and the Indenture as they relate to the Collateral.
Sufficiency of Collateral. The Collateral comprises all material rights and assets relating to Tebi, now owned or hereafter acquired, that is owned or controlled by the Company.
Sufficiency of Collateral. The Collateral includes every item of real or personal property that is owned by the Grantor and used by Grantor in the operation of Units 1 and 2.
Sufficiency of Collateral. The Collateral is sufficient for Borrower to conduct the Enterprise using the trade names and service marks licensed to Borrower under the Franchise Agreement and/or License Agreement.
