Collateral General Terms. 3.1 To secure the prompt payment to Bank of Borrower's Liabilities and the prompt, full and faithful performance by Borrower of all of the provisions to be kept, observed or performed by Borrower under this Agreement and/or the Other Agreements, Borrower grants to Bank a security interest in and to, and collaterally assigns to Bank, all of Borrower's property, wherever located, whether now or hereafter existing, owned, licensed, leased (to the extent of Borrower's leasehold interest therein), consigned (to the extent of Borrower's ownership therein), arising and/or acquired, including without limitation all of Borrower's: (a) Accounts, chattel paper, tax refunds, contract rights, leases, leasehold interests, letters of credit, instruments, documents, documents of title, patents, copyrights, trademarks, tradenames, licenses, goodwill, beneficial interests and general intangibles; (b) all goods whose sale, lease or other disposition by Borrower have given rise to Accounts and have been returned to or repossessed or stopped in transit by Borrower; (c) all investment property, including but not limited to certificated and uncertificated securities; (d) goods, including without limitation all its consumer goods, machinery, equipment, farm products, fixtures and inventory; (e) liens, guaranties and other rights and privileges pertaining to any of the Collateral; (f) monies, reserves, deposits, deposit accounts and interest or dividends thereon, cash or cash equivalents; (g) all property now or at any time or times hereafter in the possession, or under the control of Bank or its bailee; (h) all accessions to the foregoing, all litigation proceeds pertaining to the foregoing and all substitutions, renewals, improvements and replacements of and additions to the foregoing; and (i) all books, records and computer records in any way relating to the Collateral herein described.
Collateral General Terms. 2.01 To secure the prompt, full and faithful performance to Secured Party of Borrower’s Obligations, Debtor grants to Secured Party a security interest in and to, and pledges and assigns to Secured Party, all of the following, now owned and hereafter acquired by Debtor and/or Debtor’s customers (referred to individually and/or collectively as the “Collateral”): all right, title, share and interest in, to and under (a) the securities account listed on Schedule I attached hereto and incorporated by reference (the “Collateral Account”); (b) those shares of stock, securities, security entitlements, and/or financial assets, together with any and all distributions, whether in cash or in kind, upon or in connection therewith, whether such distributions or payments are dividends, are in partial or complete liquidation, or are the result of reclassification, readjustment or other changes in the capital structure of the Person issuing the same, or otherwise, and any and all subscriptions, warrants, options and other rights issued upon and/or in connection therewith (collectively, the “Securities”), in each case, as deposited or held in or transferred or credited to or carried in the Collateral Account from time to time; (c) any and all monies, reserves, deposits, certificates of deposit and deposit accounts and interest or dividends, securities, investment property, cash, cash equivalents and other property now or at any time or times hereafter in the possession or under the control of Secured Party, its parent, Subsidiaries or Affiliates or its bailee; (c) any and all accessions to any of the Collateral and all substitutions, renewals, improvements and replacements of and additions thereto; and (d) all proceeds of the foregoing (whether in the form of cash, proceeds of insurance policies, instruments, documents, general intangibles, contract rights, accounts, chattel paper, or otherwise). Notwithstanding anything to the contrary, “Collateral” shall not include any (i) deposit accounts or securities accounts holding solely assets that have been segregated for the exclusive benefit of Debtor’s customers or such segregated assets, or (ii) trust or other fiduciary deposit accounts or securities accounts and the assets therein.
Collateral General Terms. 31 4.1. Security Interest in the Collateral............................................................31 4.2. Perfection of Security Interest................................................................32 4.3.
Collateral General Terms. 4.1 The Borrower (also referred to as "Debtor") warrants and represents the following with respect to the Collateral:
Collateral General Terms. 40 4.1. Acknowledgement and Grant of Security Interests............... 40 4.2. Perfection of Security Interest............................... 41 4.3.
Collateral General Terms. SECTION 4.1.
Collateral General Terms. 3 Section 2.01.
Collateral General Terms. For the purpose of this Article IV, references herein to the "
Collateral General Terms. THE PROVISIONS OF THIS ARTICLE IV CONTAIN THE GRANT OF POWERS OF ATTORNEY BY EACH BORROWER (AS A GRANTOR FOR SUCH PURPOSE) COUPLED WITH AN INTEREST FOR THE SOLE BENEFIT OF AGENT. THIS AGREEMENT, AND THE PROVISIONS OF ARTICLE IV HEREOF, IS BEING EXECUTED IN CONNECTION WITH A LOAN OR OTHER FINANCIAL TRANSACTION FOR BUSINESS PURPOSES AND NOT PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. THE AGENT, AS AGENT FOR THE GRANTOR UNDER THE POWERS OF ATTORNEY, IS NOT A FIDUCIARY FOR THE GRANTOR. THE AGENT, IN EXERCISING ANY OF ITS RIGHTS OR POWERS PURSUANT TO THE POWERS OF ATTORNEY, MAY DO SO FOR THE SOLE BENEFIT OF AGENT AND NOT FOR THE GRANTOR. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PROVISIONS OF TITLE 20 PA.C.S. CHAPTER 56, AS AMENDED (SPECIFICALLY INCLUDING, ACT 39 OF 1994) SHALL NOT BE APPLICABLE TO THE POWERS OF ATTORNEY.
Collateral General Terms. 2.1 To secure the prompt payment and performance of Borrower’s Obligations, Pledgor grants to Bank a security interest in and to, and pledges and assigns to Bank, all of Pledgor’s now owned and hereafter acquired right, title, share and interest in, to and under the Bond. All of the foregoing are referred to herein collectively as the “Collateral”.
