Fixed Asset Priority Collateral definition

Fixed Asset Priority Collateral has the meaning specified therefor in the Intercreditor Agreement.

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Fixed Asset Priority Collateral means the “Fixed Asset Priority Collateral” (as defined in the ABL Intercreditor Agreement).

Fixed Asset Priority Collateral means all Collateral, other than ABL Priority Collateral.

Examples of Fixed Asset Priority Collateral in a sentence

So long as the Intercreditor Agreement is in effect, a Loan Party may satisfy its obligations hereunder and under the other Loan Documents to deliver Collateral that constitutes Fixed Asset Priority Collateral to Agent by delivering such Collateral that constitutes Fixed Asset Priority Collateral to the Fixed Asset Priority Collateral Agent or its agent, designee or bailee.
Consistent with the definition of “Access Period”, access rights may apply to differing portions of the Fixed Asset Priority Collateral at differing times, in which case, a differing Access Period will apply to each such portion.
Each Lender acknowledges that the Intercreditor Agreement governs, among other things, Lien priorities and rights of the Lenders and the Fixed Asset Secured Parties with respect to the Collateral, including the Fixed Asset Priority Collateral.
To the extent any Proceeds are received for business interruption or for any liability or indemnification and those Proceeds are not compensation for a casualty loss with respect to the Fixed Asset Priority Collateral, such Proceeds shall first be applied to repay the ABL Obligations (to the extent required pursuant to the ABL Credit Agreement) and then be applied, to the extent required by the Fixed Asset Documents, to the Fixed Asset Obligations.
In exercising rights and remedies with respect to the Fixed Asset Priority Collateral, the ABL Collateral Agent, on behalf of itself and the ABL Claimholders, agrees that the Fixed Asset Collateral Agents and the Fixed Asset Claimholders may enforce the provisions of the Fixed Asset Documents and exercise remedies thereunder, all in such order and in such manner as they may determine in the exercise of their sole discretion.

More Definitions of Fixed Asset Priority Collateral

Fixed Asset Priority Collateral means (i) Equipment and Fixtures; (ii) Real Estate Assets; (iii) Intellectual Property; (iv) Equity Interests in all direct and indirect Subsidiaries of the Company; (v) all other assets of any Grantor, whether real, personal or mixed not constituting ABL Priority Collateral; (vi) to the extent evidencing, governing, securing or otherwise reasonably related to any of the foregoing, all Documents, General Intangibles, Instruments, Commercial Tort Claims, Letters of Credit, Letter of Credit Rights and Supporting Obligations; provided, however, that to the extent any of the foregoing also evidence, govern, secure or otherwise reasonably relate to any ABL Priority Collateral only that portion that evidences, governs, secures or primarily relates to Fixed Asset Priority Collateral shall constitute Fixed Asset Priority Collateral; (vii) all books, records and documents related to the foregoing (including databases, customer lists and other records, whether tangible or electronic, which contain any information relating to any of the foregoing); and (viii) all Proceeds and products of any or all of the foregoing in whatever form received, including proceeds of business interruption and other insurance and claims against third parties.

Fixed Asset Priority Collateral means all Collateral other than ABL Priority Collateral.

Fixed Asset Priority Collateral in the ABL Intercreditor Agreement.

Fixed Asset Priority Collateral means, after a Crossing Lien Event, all present and future right, title and interest of the Credit Parties in the following types of Collateral, whether now owned or hereafter acquired, existing or arising and wherever located: (i) Equipment and Fixtures (other than Canadian Equipment and U.S. Equipment prior to the time that a Crossing Lien Borrowing Base Removal Election is made); (ii) Real Property (other than Canadian Real Estate and U.S. Real Estate prior to the time that a Crossing Lien Borrowing Base Removal Election is made); (iii) Intellectual Property; (iv) Equity Interests in all direct and indirect Subsidiaries of the Company; (v) all other assets of any Credit Party, whether real, personal or mixed not constituting ABL Priority Collateral; (vi) to the extent evidencing, governing, securing or otherwise reasonably related to any of the foregoing, all Documents, General Intangibles, Instruments, Commercial Tort Claims, Letters of Credit, Letter of Credit Rights and Supporting Obligations; provided, however, that to the extent any of the foregoing also evidence, govern, secure or otherwise reasonably relate to any ABL Priority Collateral only that portion that evidences, governs, secures or primarily relates to Fixed Asset Priority Collateral shall constitute Fixed Asset Priority Collateral; (vii) all books, records and documents related to the foregoing (including databases, customer lists and other records, whether tangible or electronic, which contain any information relating to any of the foregoing); and (viii) all Proceeds and products of any or all of the foregoing in whatever form received, including claims against third parties.

Fixed Asset Priority Collateral has the meaning assigned to such term in the Term Loan Intercreditor Agreement.

Fixed Asset Priority Collateral means the following of any Grantor: (i) Equipment (as defined in the UCC); (ii) Real Estate Assets; (iii) intellectual property; (iv) Equity Interests in all direct Subsidiaries of any Grantor; (v) intercompany indebtedness of the Company and its Subsidiaries; (vi) all other assets of any Grantor, whether real, personal or mixed (including the Revenue Account and other Fixed Asset Accounts and the Fixed Asset Collateral Proceeds Account), in each case, not constituting ABL Priority Collateral prior to the Discharge of ABL Obligations; (vii) to the extent evidencing, governing, securing or otherwise reasonably related to any of the foregoing, all documents, general intangibles, instruments, commercial tort claims, letters of credit, letter-of credit-rights and supporting obligations; provided, however, that to the extent any of the foregoing also evidence, govern, secure or otherwise reasonably relate to any ABL Priority Collateral only that portion that evidences, governs, secures or reasonably relates to Fixed Asset Priority Collateral shall constitute Fixed Asset Priority Collateral; (viii) all books, records and documents related to the foregoing (including databases, customer lists and other records, whether tangible or electronic, which contain any information relating to any of the foregoing); (ix) insurance and claims against third parties to the extent arising on account of Fixed Asset Priority Collateral (excluding, however, the proceeds of and payments under all policies of business interruption insurance); and (x) all proceeds and products of any or all of the foregoing in whatever form received, but excluding any property that is directly acquired prior to the commencement of any case or proceeding under the Bankruptcy Code or any similar Bankruptcy Law with cash proceeds of any Fixed Asset Priority Collateral and does not otherwise constitute Fixed Asset Priority Collateral upon its acquisition. Subject to certain provisions of the Intercreditor Agreement, upon a Discharge of ABL Obligations, all ABL Priority Collateral shall become Fixed Asset Priority Collateral.

Fixed Asset Priority Collateral means the following assets of the Borrower and the Guarantors: (a) all shares of capital stock (or other ownership or profit interests) held by the Borrower or any Guarantor, (b) all debt owed to the Borrower or any Guarantor, (c) all property and assets, real and personal (other than assets of the type constituting ABL Priority Collateral), of the Borrower and each Guarantor, including, but not limited to, machinery and equipment, and other goods, owned real estate, patents, trademarks, trade names, copyrights, other intellectual property and other contract rights and (d) all proceeds and products of the property and assets described in clauses (a), (b) and (c) above.