Examples of Prior Collateral in a sentence
The Pledgor hereby covenants and agrees to take all actions required under Section 6(d) and any other actions necessary to create for the benefit of the Collateral Agent a valid, first priority perfected security interest in, and a first lien upon, such Eligible Collateral deposited with the Collateral Agent in substitution for Prior Collateral.
Pledgor hereby covenants and agrees to take all actions required under Section 5.4 and any other actions necessary to create for the benefit of the Collateral Agent a valid, first priority perfected security interest in, and a first lien upon, such Eligible Collateral deposited with the Collateral Agent in substitution for Prior Collateral.
Pursuant to the Collateral Agent Assignment Agreement, dated as of July 16, 2008 (the “Collateral Agent Assignment Agreement”), between Bank of America, as assignor, and ALHC, as assignee, the Prior Warehouse Collateral Agent assigned to the Closed-End Collateral Agent certain of the property and rights held by the Prior Warehouse Collateral Agent under the Prior Collateral Documents.
In order to, among other things, further evidence the foregoing transactions and intentions, the parties amended and restated the Prior Collateral Documents and the Prior Receivables Financing Agreements, and entered into certain other agreements.
Pursuant to the Novation Agreement, dated as of July 16, 2008 (the “Borrower Novation Agreement”), ALF LP transferred to WOLT, by novation (such transfer, the “Borrower Novation”), all of ALF LP’s rights and obligations, as the “Borrower” and otherwise, under and in connection with the Prior Warehouse Facilities, including all of ALF LP’s rights and obligations under the Prior Collateral Agency Agreement and the Prior Security Agreement.
Except as set forth on Schedule 2 hereto, Schedule 2A of the Prior Collateral Questionnaire sets forth (a) the jurisdiction of organization and the form of organization of each Credit Party, (b) the organizational identification number, if any, assigned to such Credit Party by such jurisdiction and the federal taxpayer identification number, if any, of such Credit Party and (c) the address (including the county) of the chief executive office of such Credit Party.
Except as set forth on Schedule 11 hereto, Schedule 11 of the Prior Collateral Questionnaire sets forth a complete and correct list of all deposit accounts maintained by each Credit Party, specifying the name and address of the depositary institution, the type of account, the account number and whether such deposit account is required to be subject to a Control Agreement under the Collateral and Guarantee Requirement.
Upon Pledgor’s delivery of the items specified in clauses (i), (ii) and (iii) above, the Lien on the Prior Collateral of Pledgor shall be released.
Except as set forth on Schedule 13 hereto, Schedule 13 of the Prior Collateral Questionnaire sets forth a complete and correct list of all letters of credit with a face value in excess of $2,500,000 issued in favor of any Credit Party as the beneficiary thereunder, other than any such letters of credit that constitute “Supporting Obligations” within the meaning of the UCC.
Schedule 1 hereto sets forth the exact legal name of each Credit Party, as such name appears in its certificate of organization, and indicates changes, if any, in the foregoing information compared to the information set forth on Schedule 1 of the Prior Collateral Questionnaire.