Collateral Shares definition
Examples of Collateral Shares in a sentence
Borrower shall not, and shall not permit any of its Affiliates to, (x) take any action that would impair any Applicable Lender’s security interest in the Collateral Shares or its ability to exercise remedies against such Collateral Shares or (y) transfer any Share to the Collateral Accounts after the Closing Date, except as explicitly required or permitted by the Margin Loan Documentation.
Each of Borrower and its Affiliates is in compliance with its reporting obligations under Sections 13 and 16 of the Exchange Act with respect to the Collateral Shares, including in respect of the transactions contemplated hereunder.
Neither Borrower nor any of its Affiliates has created, granted, incurred, or permitted to exist, any Lien on any Shares owned by Borrower or such Affiliates, other than, with respect to the Collateral Shares, Permitted Liens.
The Lien created under the Margin Loan Documentation (including without limitation, the pledge of the Collateral Shares) is a “bona fide pledge” with recourse (all within the meaning of Rule 144(d)(3)(iv)) to secure Borrower’s obligations under the Margin Loan Documentation, which obligations provide for full recourse to Guarantor under the Guarantee Agreement in accordance with the terms of the Guarantee Agreement.