RCF Priority Collateral definition

RCF Priority Collateral means (i) all accounts receivables (other than accounts receivables arising under contracts for the sale of Collateral that do not constitute RCF Priority Collateral); (ii) (a) all supply contracts, offtake agreements and similar contracts to which the Company or any Guarantor is a party and pursuant to which the Company or any Guarantor sells inventory or renders services, (b) all contracts between the Company or any Guarantor and any other Person whereby the Company or such Guarantor is entitled to receive inventory, or the benefit of inventory, pursuant to an inventory exchange arrangement with such other Person and (c) all Hedge Agreements (including any Permitted Crack Spread Hedge Agreement); (iii) all chattel paper (including electronic chattel paper); (iv) all tax refunds of any kind; (v) all commercial tort claims; (vi) except to the extent constituting Notes Priority Collateral, all deposit accounts and securities accounts and all cash, cash equivalents, checks and other negotiable instruments, funds or other evidences of payment and all financial assets held on deposit therein or credited thereto and all security entitlements arising therefrom; (viii) all commodity accounts and commodity contracts; (ix) all inventory; (x) all rights to business interruption insurance; (xi) all documents, general intangibles (other than intellectual property and the Capital Stock of any Subsidiary of the Company), instruments, investment property (other than the Capital Stock of any Subsidiary of the Company) and letter of credit rights; (xii) all proceeds, including insurance proceeds, of any of the foregoing and all collateral security and guarantees or other credit support given by any Person with respect to any of the foregoing; and (xiii) all books and records relating to any of the foregoing.
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RCF Priority Collateral means all existing and after-acquired inventory, accounts receivable, lockboxes, deposit accounts into which payments therefor are deposited and proceeds thereof of the Company and the Guarantors.
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RCF Priority Collateral means all Collateral consisting of the following:
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Examples of RCF Priority Collateral in a sentence

  • From time to time, Loan Parties shall take such actions and execute and deliver to the Agent such additional documents, instruments, certificates, and agreements as any of the Lenders may reasonably request to effectuate the purposes of the Loan Documents (subject to the Intercreditor Agreement with respect to the Term Loan/Euro RCF Priority Collateral).

  • Subject to the Intercreditor Agreement with respect to Term Loan/Euro RCF Priority Collateral, if requested by the Agent, Borrower and each Loan Party shall assemble the Collateral and deliver it to the Agent at such place as may be designated by the Agent.

  • Subject to the Intercreditor Agreement with respect to Term Loan/Euro RCF Priority Collateral, whenever the Agent may take possession of the Collateral, pursuant to Section 13.1, the Agent may take possession of the Collateral on Borrower’s or the applicable Loan Party’s premises or may remove the Collateral, or any part thereof, to such other places as the Agent may, in its sole discretion, determine.

  • The Agent’s rights and remedies with respect to the Collateral, in addition to those rights granted herein and in any other agreement between Borrower and any Loan Party and the Agent or Lenders now or hereafter in effect, shall be those of a secured party under the UCC and under any other applicable law (subject to the Intercreditor Agreement with respect to the Term Loan/Euro RCF Priority Collateral).

  • With respect to the Term Loan/Euro RCF Priority Collateral identified in clause (ii) above, the Term Loan/Euro RCF Collateral Agent shall not transfer to any other Person or return or reassign to the Grantors possession or control of any such Term Loan/Euro RCF Priority Collateral unless the ABL Administrative Agent shall have consented thereto or all ABL Obligations have been satisfied in full.

  • Subject to Section 4.6(b), the Term Loan/Euro RCF Collateral Agent shall pay over to the ABL Administrative Agent all remaining moneys and other property held by the Term Loan/Euro RCF Collateral Agent or received by the Term Loan/Euro RCF Collateral Agent with respect to the Term Loan/Euro RCF Priority Collateral on or prior to the first Business Day falling after the Term Loan/Euro RCF Obligations have been paid in full in cash and the related commitments have been terminated.

  • Subject to Section 4.6(b), the Term Loan/Euro RCF Collateral Agent further covenants and agrees that after payment in full in cash of the Term Loan/Euro RCF Obligations, the Term Loan/Euro RCF Collateral Agent shall take all actions and do all things reasonably requested by the ABL Administrative Agent to promptly transfer or assign any Term Loan/Euro RCF Priority Collateral (or interest therein) to the ABL Administrative Agent for the purpose of perfecting and protecting the ABL Second Priority Lien.

  • Notwithstanding anything herein to the contrary, to the extent that the Proceeds of any of the Collateral includes payments made under any business interruption insurance policy maintained by any Loan Party, such Proceeds shall be allocated to losses to the applicable Collateral that is impacted by the interruption as between (a) the RCF Priority Collateral and (b) the Other Collateral, but this allocation shall not impair the effects of Section 4.1(a) or 4.1(b).

  • Notwithstanding anything else in this Paragraph, if the RCF Representative or other RCF Secured Parties agree to a “carve out” from the RCF Priority Collateral in connection with an RCF DIP Financing, and such “carve out” is senior in lien or payment priority to the liens and claims on account of the RCF Obligations, then the Term Loan Representative and Term Loan Secured Parties agree that such “carve out” will be senior to the liens and claims on account of the Term Loan Obligations to the same extent.

  • After delivery of any notice contemplated by Section 7.1 above and until the date designated in such notice, the RCF Representative and the RCF Secured Parties shall, in the absence of exigent circumstances, refrain from enforcing on, or exercising any rights in respect of, any RCF Priority Collateral unless the failure to do so would adversely affect the RCF Representative’s RCF Lien.


More Definitions of RCF Priority Collateral

RCF Priority Collateral has the meaning specified in the Intercreditor Agreement.
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RCF Priority Collateral shall have the meaning given to the term “Revolving Credit Priority Collateral” under the RCPC Intercreditor Agreement.
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RCF Priority Collateral means all Collateral owned by the Domestic Guarantors (other than the Specified Collateral).
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Related to RCF Priority Collateral

  • Term Priority Collateral has the meaning set forth in the Intercreditor Agreement.

  • ABL Priority Collateral has the meaning set forth in the Intercreditor Agreement.

  • Second Priority Collateral means any “Collateral” as defined in any Second Priority Debt Document or any other assets of the Borrower or any other Grantor with respect to which a Lien is granted or purported to be granted pursuant to a Second Priority Collateral Document as security for any Second Priority Debt Obligation.

  • Notes Priority Collateral has the meaning set forth in the Intercreditor Agreement.

  • Priority Collateral means the ABL Priority Collateral or the Term Priority Collateral, as applicable.

  • First Priority Collateral means all assets, whether now owned or hereafter acquired by the Borrower or any other Loan Party, in which a Lien is granted or purported to be granted to any First Priority Secured Party as security for any First Priority Obligation.

  • Term Loan Priority Collateral as defined in the Intercreditor Agreement.

  • Second Priority Collateral Documents means the Initial Second Priority Collateral Documents and each of the collateral agreements, security agreements and other instruments and documents executed and delivered by the Borrower or any Grantor for purposes of providing collateral security for any Second Priority Debt Obligation.

  • ABL Collateral means all of the assets and property of any Grantor, whether real, personal or mixed, with respect to which a Lien is granted as security for any ABL Obligations.

  • Equity Collateral shall have the meaning set forth in Section 11.6 hereof.

  • Senior Collateral Agent means Citicorp USA, Inc., in its capacity as Senior Collateral Agent under the Senior Collateral Documents, and its successors.

  • Senior Collateral means any “Collateral” as defined in any Credit Agreement Loan Document or any other Senior Debt Document or any other assets of the Company or any other Grantor with respect to which a Lien is granted or purported to be granted pursuant to a Senior Collateral Document as security for any Senior Obligations.

  • UCC Collateral is defined in Section 3.03.

  • First Lien Collateral Documents means the “Security Documents” or “Collateral Documents” or similar term (as defined in the applicable First Lien Loan Documents) and any other agreement, document or instrument pursuant to which a Lien is granted securing any First Lien Obligations or pursuant to which any such Lien is perfected.

  • U.S. Collateral means any and all property owned, leased or operated by a Person covered by the U.S. Collateral Documents and any and all other property of any U.S. Loan Party, now existing or hereafter acquired, that may at any time be or become subject to a security interest or Lien in favor of the Administrative Agent to secure the Secured Obligations.

  • Senior Collateral Documents means the Security Agreement and the other “Collateral Documents” as defined in the Credit Agreement, the First Lien Intercreditor Agreement (upon and after the initial execution and delivery thereof by the initial parties thereto) and each of the collateral agreements, security agreements and other instruments and documents executed and delivered by the Borrower or any other Grantor for purposes of providing collateral security for any Senior Obligation.

  • Security Collateral with respect to any Granting Party, means, collectively, the Collateral (if any) and the Pledged Collateral (if any) of such Granting Party.

  • Borrower Collateral means all of Borrower's now owned or hereafter acquired right, title, and interest in and to each of the following:

  • Second Lien Collateral Documents means the “Security Documents” or “Collateral Documents” (as defined in the applicable Second Lien Debt Documents) and any other agreement, document or instrument pursuant to which a Lien is granted securing any Second Lien Obligations or pursuant to which any such Lien is perfected.

  • ABL Collateral Documents means all “Security Documents” as defined in the Original ABL Credit Agreement, and all other security agreements, mortgages, deeds of trust and other collateral documents executed and delivered in connection with any ABL Credit Agreement, and any other agreement, document or instrument pursuant to which a Lien is granted securing any ABL Obligations or under which rights or remedies with respect to such Liens are governed, in each case as the same may be amended, supplemented, waived or modified from time to time.

  • Permitted Priority Liens means Liens permitted under any of the clauses (b), (c), (d), (e), (f) or (i) of Section 9.02.

  • Second Lien Collateral means all “Collateral”, as defined in any Second Lien Document, and any other assets of any Grantor now or at any time hereafter subject to Liens which secure, but only to the extent securing, any Second Lien Obligations.

  • First Lien Collateral Agent means the “Collateral Agent” as defined in the First Lien Credit Agreement.

  • First Lien Collateral means all of the assets and property of any Grantor, whether real, personal or mixed, with respect to which a Lien is granted as security for any First Lien Obligations.

  • ABL Collateral Agent means JPMorgan Chase Bank, N.A., in its capacity as collateral agent for the ABL Facility Secured Parties, together with its successors and permitted assigns under the ABL Facility Agreement and the ABL Facility Collateral Documents.

  • Discharge of Priority Lien Obligations means the occurrence of all of the following: