The Loan and Collateral Sample Clauses

The Loan and Collateral. 1. The WVEDA Loan shall be made and disbursed, as set out in the loan application to WVEDA.
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The Loan and Collateral. 2.1 The Loan The Lenders severally and not jointly agree, subject to the terms of this Agreement and the other Loan Documents, to make Advances of the Loan to the Borrower during the Commitment Period as provided herein. Borrower, Holdings and Borrower Subsidiaries have made the covenants, representations and warranties herein and in the other Loan Documents as a material inducement to the Lenders to make the Loan and enter this Agreement. The maximum aggregate principal amount of the Loan to be made by the Lenders hereunder shall be the sum of (i) the Tranche 1 Committed Amount; (ii) the Tranche 2 Committed Amount and (iii) the Tranche 3 Committed Amount and of such amount, TRS agrees to make Advances to the Borrower in an aggregate principal amount not to exceed the TRS Percentage and ERS agrees to make Advances to the Borrower in an aggregate principal amount not to exceed the ERS Percentage. On each occasion when Advances are to be made hereunder, each Lender shall concurrently make an Advance in an amount in proportion to such Lender’s percentage. Advances of the Loan by ERS shall be evidenced by the ERS Note and Advances of the Loan by TRS shall be evidenced by the TRS Note; provided, however, that Advances of the Loan relating to the Pasadena Project shall be evidenced by the Pasadena Note and Advances of the Loan relating to the Westwood Project shall be evidenced by the Westwood Note. Such Advances will bear interest and will be payable in accordance with the terms and conditions set forth in this Agreement and in the ERS Note as to Advances by ERS and the TRS Note as to Advances by TRS, except in the case of the Pasadena Project and the Westwood Project, where the terms and conditions of this Agreement and in the Pasadena Note or the Westwood Note shall apply. The forms of all documents to be executed to evidence and/or secure the Loan shall be subject to the Agent Lender’s approval. Unless otherwise expressly set forth herein, any references to “Note” shall mean the ERS Note and the TRS Note, collectively, as well as, to the extent applicable and relating to the Pasadena Project, the Pasadena Note and, to the extent applicable and as relating to the Westwood Project, the Westwood Note. Notwithstanding the execution by Borrower of the Pasadena Note, the Westwood Note or any Future Project-specific promissory notes as may be required by Lender, in no event shall Lender be obligated to make Advances collectively exceeding the Committed Amount. In c...
The Loan and Collateral 

Related to The Loan and Collateral

  • Security and Collateral To secure the payment when due of the Notes and all other obligations of the Company under this Agreement or any Rate Hedging Agreement to the Lenders and the Agent, the Company shall execute and deliver, or cause to be executed and delivered, to the Lenders and the Agent Security Documents granting the following:

  • Collateral The Collateral for this Note includes the Funding Agreement and the Guarantee specified on the face hereof.

  • Security Interest and Collateral In order to secure the payment and performance of the Secured Obligations, the Debtor hereby grants to the Secured Party a security interest (herein called the “Security Interest”) in and to the following property (hereinafter collectively referred to as the “Collateral”): SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE.

  • Specific Collateral None of the Collateral is or is proceeds or products of farm products, as-extracted collateral, health-care-insurance receivables or timber to be cut.

  • RATIFICATION OF LOAN DOCUMENTS AND COLLATERAL The Loan Documents are ratified and affirmed by Borrower and shall remain in full force and effect as modified herein. Any property or rights to or interests in property granted as security in the Loan Documents shall remain as security for the Loan and the obligations of Borrower in the Loan Documents.

  • Management of the Collateral Each Grantor further agrees, that, during the continuance of any Event of Default, (i) at the Collateral Agent’s request, it shall assemble the Collateral and make it available to the Collateral Agent at places that the Collateral Agent shall reasonably select, whether at such Grantor’s premises or elsewhere, (ii) without limiting the foregoing, the Collateral Agent also has the right to require that such Grantor store and keep any Collateral pending further action by the Collateral Agent and, while any such Collateral is so stored or kept, provide such guards and maintenance services as shall be necessary to protect the same and to preserve and maintain such Collateral in good condition, normal wear and tear excepted, (iii) until the Collateral Agent is able to sell, assign, license out, convey or transfer any Collateral, the Collateral Agent shall have the right to hold or use such Collateral to the extent that it deems appropriate for the purpose of preserving the Collateral or its value or for any other purpose deemed appropriate by the Collateral Agent and (iv) the Collateral Agent may, if it so elects, seek the appointment of a receiver or keeper to take possession of any Collateral and to enforce any of the Collateral Agent’s or any Lender’s remedies, with respect to such appointment without prior notice or hearing as to such appointment. The Collateral Agent shall not have any obligation to any Grantor to maintain or preserve the rights of any Grantor as against other Persons with respect to any Collateral while such Collateral is in the possession of the Collateral Agent.

  • The Collateral Subject to Section 11.2, the Issuer and the Note Guarantors agree that the Notes will be at all times secured by a first-priority security interest in the Collateral on at least an equal and ratable basis with the Permitted Secured Obligations.

  • Possessory Collateral Immediately upon Borrower’s receipt of any portion of the Collateral evidenced by an agreement, Instrument or Document, including, without limitation, any Tangible Chattel Paper and any Investment Property consisting of certificated securities, Borrower shall deliver the original thereof to Lender together with an appropriate endorsement or other specific evidence of assignment thereof to Lender (in form and substance acceptable to Lender). If an endorsement or assignment of any such items shall not be made for any reason, Lender is hereby irrevocably authorized, as Borrower’s attorney and agent-in-fact, to endorse or assign the same on Borrower’s behalf.

  • Security Interest in Collateral The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all the Collateral in favor of the Administrative Agent, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted Encumbrances, to the extent any such Permitted Encumbrances would have priority over the Liens in favor of the Administrative Agent pursuant to any applicable law and (b) Liens perfected only by possession (including possession of any certificate of title) to the extent the Administrative Agent has not obtained or does not maintain possession of such Collateral.

  • Guaranty and Collateral Agreement A counterpart of the Guaranty and Collateral Agreement executed by each Loan Party, together with all instruments, transfer powers and other items required to be delivered in connection therewith.

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