ABL Facility Collateral definition

ABL Facility Collateral means all assets and properties subject to Liens created by the ABL Security Documents to secure the ABL Debt Obligations.

ABL Facility Collateral has the meaning given to such term in the ABL Intercreditor Agreement.

ABL Facility Collateral will consist of all present and after-acquired inventory, accounts receivable, related contracts and other rights, deposit accounts into which proceeds of the foregoing are credited and books and records related thereto, together with all proceeds of the foregoing, in each case to the extent of the rights, title and interest therein of any “Borrower” under the ABL Facility.

Examples of ABL Facility Collateral in a sentence

• All Liens on the ABL Facility Collateral securing any ABL Obligations shall be and remain sen- ior in all respects and prior to all Liens on the ABL Facility Collateral securing (x) any First Pri- ority Lien Obligations and (y) any Junior Lien Obligations for all purposes, whether or not such Liens securing any ABL Obligations are subordinated to any Lien securing any other obligation of the Company, any other Grantor or any other Person.

• In exercising rights and remedies with respect to the ABL Facility Collateral, the First Priority Collateral Agents and the First Priority Secured Parties may enforce the provisions of the First Priority Documents and exercise remedies thereunder, all in such order and in such manner as they may determine in the exercise of their sole discretion.

• Unless and until the Discharge of ABL Obligations has oc- curred, the ABL Facility Agent and the ABL Secured Parties shall have the sole and exclusive right, subject to the rights of the Grantors under the ABL Documents, to adjust settlement for any insurance policy covering the ABL Facility Collateral in the event of any loss thereunder and to approve any award granted in any condemnation or similar proceeding (or any deed in lieu of condemnation) in respect of the ABL Facility Collateral.

• In exercising rights and remedies with respect to the ABL Facility Collateral, the ABL Facility Agent and the ABL Secured Parties may enforce the provisions of the ABL Docu- ments and exercise remedies thereunder, all in such order and in such manner as they may xx- xxxxxxx in the exercise of their sole discretion.

• Such exercise and en- forcement shall include the rights of an agent appointed by them to sell or otherwise dispose of ABL Facility Collateral upon foreclosure, to incur expenses in connection with such sale or dis- position, and to exercise all the rights and remedies of a secured creditor under the UCC of any applicable jurisdiction and of a secured creditor under Bankruptcy Laws of any applicable juris- diction.

• All Liens on the ABL Facility Collat- eral securing any First Priority Lien Obligations shall be and remain senior in all respects and prior to all Liens on the ABL Facility Collateral securing any Junior Lien Obligations for all pur- poses, whether or not such Liens securing any First Priority Lien Obligations are subordinated to any Lien securing any other obligation of the Company, any other Grantor or any other Person.

• As security for the payment and performance in full of all the Junior Lien Obligations, each Grantor hereby grants to the Junior Lien Collateral Agent for the benefit of the Junior Lien Secured Parties a lien on and security interest in all of the right, title and interest of such Grantor, in and to and under the Pledged ABL Facility Collateral wher- ever located and whether now existing or hereafter arising or acquired from time to time.

• As security for the payment and performance in full of all the Junior Lien Obligations and First Priority Lien Obligations each Grantor hereby grants to the ABL Facility Agent for the benefit of the Junior Lien Secured Parties and the First Priority Secured Parties a lien on and security interest in all of the right, title and interest of such Grantor, in and to and un- der the Pledged ABL Facility Collateral wherever located and whether now existing or hereafter arising or acquired from time to time.

• Such exercise and enforcement shall include the rights of an agent appointed by them to sell or otherwise dispose of ABL Facility Collateral upon foreclosure, to incur expenses in connection with such sale or disposition, and to exercise all the rights and remedies of a secured creditor under the UCC of any applicable jurisdiction and of a secured creditor under Bankruptcy Laws of any applicable jurisdiction.

• The duties or responsibilities of the ABL Fa- cility Agent under this Section 3.4(f) shall be limited solely to holding the Pledged ABL Facility Collateral as bailee or agent in accordance with this Section 3.4(f).

More Definitions of ABL Facility Collateral

ABL Facility Collateral means any and all present and future right, title and interest of the Borrowers in and to the following, whether now owned or hereafter acquired, existing or arising, and wherever located: (a) all accounts, chattel paper and other Receivables; (b) all Inventory; (c) all Restricted Accounts, including all funds credited thereto or deposited therein; (d) to the extent evidencing, governing, securing or otherwise related to the items referred to in the preceding clauses (a), (b) and (c) of this definition, all related contracts, contract rights, documents (including bills of lading with respect to High Seas Inventory), instruments and other evidences of indebtedness, payment intangibles, letter-of-credit rights and other supporting obligations and other claims or causes of action; (e) all books and records relating to the foregoing; and (f) all proceeds of any and all of the foregoing (including commercial tort claims constituting proceeds). Terms used in the foregoing definition which are defined in the UCC and not otherwise defined in this Agreement have the meanings specified in the UCC.

ABL Facility Collateral has the meaning given to such term in the ABL Intercreditor Agreement. - 1- “ABL Intercreditor Agreement” means an intercreditor agreement substantially in the form of Exhibit J-2 (which agreement in such form or with immaterial changes thereto the Collateral Agent is authorized to enter into) among Holdings I, the Borrower, the Subsidiaries of the Borrower from time to time party thereto, the Collateral Agent, the ABL Collateral Agent and one or more collateral agents or representatives for the holders of Indebtedness that is permitted under Section 7.03 to be, and intended to be, secured on a pari passu basis with the Liens securing the Obligations. “ABL Lender” means any lender or holder or agent or arranger of Indebtedness under the ABL Credit Agreement. “ABL Priority Collateral” has the meaning given to such term in the ABL Intercreditor Agreement. “Acceptable Discount” has the meaning set forth in Section 2.05(a)(v)(D)(2). “Acceptable Prepayment Amount” has the meaning set forth in Section 2.05(a)(v)(D)(3). “Acceptance and Prepayment Notice” means a notice of the Borrower’s acceptance of the Acceptable Discount in substantially the form of Exhibit M-3. “Acceptance Date” has the meaning set forth in Section 2.05(a)(v)(D)(2). “Acquired EBITDA” means, with respect to any Acquired Entity or Business or any Converted Restricted Subsidiary for any period, the amount for such period of Consolidated EBITDA of such Acquired Entity or Business or Converted Restricted Subsidiary (determined as if references to the Borrower and the Restricted Subsidiaries in the definition of Consolidated EBITDA were references to such Acquired Entity or Business and its Subsidiaries or to such Converted Restricted Subsidiary and its Subsidiaries), as applicable, all as determined on a consolidated basis for such Acquired Entity or Business or Converted Restricted Subsidiary, as applicable. “Acquired Entity or Business” has the meaning set forth in the definition of the term “Consolidated EBITDA.” “Acquisition” means the acquisition by Omaha Acquisition Inc., directly or indirectly, of all of the outstanding class A and class B shares of the Company on the terms and subject to the conditions set forth in the Purchase Agreement. “Additional B-3 Dollar Term Commitments” means, with respect to the Additional B-3 Dollar Term Lender, its commitment to make an Initial B-3 Dollar Term Loan on the Amendment No. 4 Effective Date in an amount equal to $272,077,056.06 (which amount represe...

ABL Facility Collateral means all of the assets of Horsehead or any ABL Facility Guarantor, whether now owned or hereafter existing and whether real, personal or mixed, with respect to which a Lien is granted or held as security for both the ABL Facility Claims and the Obligations under the Senior Secured Notes Indenture and including, without limitation, all proceeds and products thereof.

ABL Facility Collateral means all present and after-acquired inventory, accounts receivable, related contracts and other rights, deposit accounts into which proceeds of the foregoing are credited and books and records related thereto, together with all proceeds of the foregoing, in each case to the extent of the rights, title and interest therein of any “Borrower” under the ABL Facility.

ABL Facility Collateral means, collectively, (a) all assets of Borrower and (b) all assets of each Guarantor other than the Collateral.

ABL Facility Collateral means any and all present and future right, title and interest of the Borrowers in and to the following, whether now owned or hereafter acquired, ex- isting or arising, and wherever located: (a) all accounts, chattel paper and other Receivables (as defined under the ABL Credit Agreement); (b) all Inventory; (c) all Restricted Accounts (as de- fined under the ABL Credit Agreement), including all funds credited thereto or deposited therein, and all related instruments and other evidences of indebtedness; (d) to the extent evi- dencing, governing, securing or otherwise related to the items referred to in the preceding clauses (a), (b) and (c) of this definition, all related contracts, contract rights, documents, payment intan- gibles and other claims or causes of action; (e) all books and records relating to the foregoing; and (f) all proceeds of any and all of the foregoing; provided that (x) any of the foregoing consti- tuting identifiable Proceeds of Notes Collateral shall be deemed Notes Collateral, (y) any con- tract rights, claims, supporting obligations or other general intangibles primarily relating to Notes Collateral or rights of payment primarily related to Notes Collateral shall be deemed Notes Col- lateral to the extent of such assets primarily related to Notes Collateral and (z) for the avoidance of doubt, Intellectual Property and Pledged Equity Interests and Pledged Debt shall be deemed Notes Collateral. Terms used in the foregoing definition which are defined in the UCC and not otherwise defined in this Agreement have the meanings specified in the UCC.