EX-10.5 6 d438889dex105.htm EX-10.5 NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, (I) THE LIENS AND SECURITY INTERESTS GRANTED TO THE AGENT PURSUANT TO THIS AGREEMENT ARE EXPRESSLY SUBJECT AND SUBORDINATE TO THE LIENS AND SECURITY INTERESTS GRANTED...Patent Security Agreement • May 5th, 2020 • New York
Contract Type FiledMay 5th, 2020 JurisdictionThis SECOND LIEN GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of August 7, 2017, among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and WILMINGTON SAVINGS FUND SOCIETY, FSB, in its capacity as agent for each member of the Lender Group (in such capacity, together with its successors and assigns in such capacity, “Agent”).
SECOND LIEN GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • August 11th, 2017 • Nuverra Environmental Solutions, Inc. • Oil & gas field services, nec • New York
Contract Type FiledAugust 11th, 2017 Company Industry JurisdictionThis TRADEMARK SECURITY AGREEMENT (this “Trademark Security Agreement”) is made this day of , 20 , by and among Grantors listed on the signature pages hereof (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and WILMINGTON SAVINGS FUND SOCIETY, FSB, in its capacity as agent for the Lender Group (in such capacity, together with its successors and assigns in such capacity, “Agent”).
FIRST LIEN GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • August 11th, 2017 • Nuverra Environmental Solutions, Inc. • Oil & gas field services, nec • New York
Contract Type FiledAugust 11th, 2017 Company Industry JurisdictionThis TRADEMARK SECURITY AGREEMENT (this “Trademark Security Agreement”) is made this ___ day of ___________, 20__, by and among Grantors listed on the signature pages hereof (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and ACF FINCO I LP, a Delaware limited partnership, in its capacity as agent for the Lender Group (in such capacity, together with its successors and assigns in such capacity, “Agent”).
GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • November 23rd, 2015 • Inventure Foods, Inc. • Miscellaneous food preparations & kindred products • California
Contract Type FiledNovember 23rd, 2015 Company Industry JurisdictionThis GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of November 18, 2015, among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), in its capacity as agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
AMENDED AND RESTATED GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • March 31st, 2015 • Unifi Inc • Textile mill products • New York
Contract Type FiledMarch 31st, 2015 Company Industry JurisdictionThis AMENDED AND RESTATED GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of March 26, 2015, among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), in its capacity as administrative agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • March 25th, 2014 • Asure Software Inc • Services-computer integrated systems design • California
Contract Type FiledMarch 25th, 2014 Company Industry JurisdictionThis GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of March 20, 2014, among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), in its capacity as agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
AMENDED AND RESTATED GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • February 7th, 2014 • Nuverra Environmental Solutions, Inc. • Oil & gas field services, nec • New York
Contract Type FiledFebruary 7th, 2014 Company Industry JurisdictionThis TRADEMARK SECURITY AGREEMENT (this “Trademark Security Agreement”) is made this day of , 20 , by and among Grantors listed on the signature pages hereof (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), in its capacity as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • July 2nd, 2013 • Power Solutions International, Inc. • Engines & turbines • Illinois
Contract Type FiledJuly 2nd, 2013 Company Industry JurisdictionThis TRADEMARK SECURITY AGREEMENT (this “Trademark Security Agreement”) is made this day of , 20 , by and among Grantors listed on the signature pages hereof (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), in its capacity as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • March 7th, 2013 • School Specialty Inc • Wholesale-durable goods • New York
Contract Type FiledMarch 7th, 2013 Company Industry JurisdictionThis TRADEMARK SECURITY AGREEMENT (this “Trademark Security Agreement”) is made this day of , 20 , by and among Grantors listed on the signature pages hereof (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company (“WFCF”), in its capacity as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
ContractPatent Security Agreement • February 8th, 2013 • API Technologies Corp. • Semiconductors & related devices • New York
Contract Type FiledFebruary 8th, 2013 Company Industry JurisdictionThis U.S. GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of February 6, 2013, by and among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties to this Agreement by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and GUGGENHEIM CORPORATE FUNDING, LLC, in its capacity as administrative agent for each member of the Lender Group (in such capacity, together with its successors and assigns in such capacity, “Agent”).
ContractPatent Security Agreement • February 8th, 2013 • API Technologies Corp. • Semiconductors & related devices • New York
Contract Type FiledFebruary 8th, 2013 Company Industry JurisdictionThis U.S. GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of February 6, 2013, by and among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties to this Agreement by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association (“Wells Fargo”), in its capacity as agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • July 10th, 2012 • Ocz Technology Group Inc • Computer storage devices • California
Contract Type FiledJuly 10th, 2012 Company Industry JurisdictionThis TRADEMARK SECURITY AGREEMENT (this “Trademark Security Agreement”) is made this day of , 20 , by and among the Grantors listed on the signature pages hereof (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and WELLS FARGO CAPITAL FINANCE, LLC, a Delaware limited liability company (“WFCF”), in its capacity as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
AMENDED AND RESTATED GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • June 6th, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
Contract Type FiledJune 6th, 2012 Company Industry JurisdictionThis AMENDED AND RESTATED GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of May 31, 2012, among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, successor by merger to Wachovia Bank, National Association (“Wells Fargo”), in its capacity as administrative agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • May 25th, 2012 • Unifi Inc • Textile mill products • New York
Contract Type FiledMay 25th, 2012 Company Industry JurisdictionThis GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of May 24, 2012, among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association (“Wilmington”), in its capacity as administrative agent for the Lender Group (in such capacity, together with its successors and assigns in such capacity, “Agent”).
GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • May 25th, 2012 • Unifi Inc • Textile mill products • New York
Contract Type FiledMay 25th, 2012 Company Industry JurisdictionThis GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of May 24, 2012, among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and WELLS FARGO BANK, N.A., a national banking association (“Wells Fargo”), in its capacity as administrative agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • April 30th, 2012 • K Swiss Inc • Footwear, (no rubber) • California
Contract Type FiledApril 30th, 2012 Company Industry JurisdictionThis GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of April 25, 2012, among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells Fargo”), in its capacity as administrative agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
CANADIAN GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • February 2nd, 2012 • American Reprographics CO • Services-mailing, reproduction, commercial art & photography • Ontario
Contract Type FiledFebruary 2nd, 2012 Company Industry JurisdictionThis TRADEMARK SECURITY AGREEMENT (this “Trademark Security Agreement”) is made this day of , 20 , by and among Grantors listed on the signature pages hereof (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as agent for the Lender Group and the Canadian Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • February 2nd, 2012 • American Reprographics CO • Services-mailing, reproduction, commercial art & photography • California
Contract Type FiledFebruary 2nd, 2012 Company Industry JurisdictionThis TRADEMARK SECURITY AGREEMENT (this “Trademark Security Agreement”) is made this day of , 20 , by and among Grantors listed on the signature pages hereof (collectively, jointly and severally, “Grantors” and each individually “Grantor”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).