Common use of Covenants and Agreements Clause in Contracts

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 5 contracts

Samples: Second Lien Pledge and Security Agreement (Vonage Holdings Corp), Third Lien Pledge and Security Agreement (Vonage Holdings Corp), First Lien Pledge and Security Agreement (Vonage Holdings Corp)

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Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim relating primarily to the Collateral in excess of $250,000 individually 500,000 in the aggregate hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 4 contracts

Samples: Pledge and Security Agreement, Pledge and Security Agreement (NewPage Energy Services LLC), Pledge and Security Agreement (NewPage Holding CORP)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually hereafter arising it arising, such Grantor shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 3 contracts

Samples: Security Agreement (St Cloud Capital Partners Lp), Security Agreement (Viking Systems Inc), Security Agreement (Viking Systems Inc)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually 500,000 in the aggregate hereafter arising it shall deliver to the Priority Lien Collateral Agent Trustee a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 3 contracts

Samples: Priority Lien Debt (NewPage CORP), Priority Lien Debt (NewPage Energy Services LLC), Priority Lien Debt (NewPage Holding CORP)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $100,000 individually or $250,000 individually in the aggregate hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all applicable Supplements to Schedules thereto, identifying such new Commercial Tort Claims. Unless and until Collateral Agent shall actually receive such Pledge Supplement, Collateral Agent may assume without inquiry that no such Pledge Supplement is required to be delivered to it.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Evergreen Solar Inc), Pledge and Security Agreement (Evergreen Solar Inc), Pledge and Security Agreement (Evergreen Solar Inc)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 3 contracts

Samples: Pledge and Security Agreement (Meridian Waste Solutions, Inc.), Pledge and Security Agreement (Meridian Waste Solutions, Inc.), Pledge and Security Agreement (Meridian Waste Solutions, Inc.)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 50,000 individually or $500,000 in the aggregate hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Tumi Holdings, Inc.), Pledge and Security Agreement (Tumi Holdings, Inc.), Pledge and Security Agreement (Navisite Inc)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually 10,000,000 in the aggregate hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 2 contracts

Samples: General Intercreditor Agreement (Euramax International, Inc.), Pledge and Security Agreement (Euramax International, Inc.)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $100,000 individually or $250,000 individually in the aggregate hereafter arising it shall deliver to the Collateral Agent a completed Pledge Guarantee and Collateral Agreement Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Independence Contract Drilling, Inc.), Guarantee and Collateral Agreement (Independence Contract Drilling, Inc.)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of reasonably expected to exceed $250,000 individually hereafter arising it shall deliver to the Collateral Administrative Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, Supplement together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 2 contracts

Samples: Credit Agreement (Edgen Group Inc.), Credit Agreement (Edgen Group Inc.)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 500,000 either individually or in the aggregate hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 2 contracts

Samples: Revolving Credit Agreement Pledge and Security Agreement (Dura Automotive Systems Inc), Second Lien Pledge and Security Agreement (Dura Automotive Systems Inc)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of reasonably expected to exceed $250,000 individually [500,000] hereafter arising it shall deliver to the Collateral Agent Trustee a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, Supplement together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 2 contracts

Samples: Securities Control Agreement (PRETIUM CANADA Co), Securities Control Agreement (PRETIUM CANADA Co)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any such Commercial Tort Claim in excess of $250,000 individually hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 2 contracts

Samples: Control Agreement (J Crew Group Inc), Control Agreement (J Crew Group Inc)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 1,000,000 individually or $5,000,000 hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 2 contracts

Samples: First Lien Pledge and Security Agreement (Arizona Chemical Ltd.), Control Agreement (Arizona Chemical Ltd.)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually or $500,000 in the aggregate hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Veritone, Inc.), Patent Security Agreement (Amerigroup Corp)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 500,000 individually or $1,000,000 in the aggregate hereafter arising it shall deliver to the Collateral Agent Trustee a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Belden & Blake Corp /Oh/), Pledge and Security Agreement (Belden & Blake Corp /Oh/)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 25,000 individually or $100,000 in the aggregate hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 2 contracts

Samples: Security Agreement (X Rite Inc), Security Agreement (X Rite Inc)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually 5,000,000 in the aggregate hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Education Management Corporation), Pledge and Security Agreement (AID Restaurant, Inc.)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 500,000 individually hereafter arising it shall deliver to the Collateral Agent Trustee a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Houghton Mifflin Co), Pledge and Security and Collateral Trust Agreement (Houghton Mifflin Co)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 100,000 individually or $1,000,000 in the aggregate hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying reflecting such new Commercial Tort Claims.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Vca Antech Inc), Master Pledge and Security Agreement (Focal Communications Corp)

Covenants and Agreements. Each Grantor hereby covenants and agrees that that, except as otherwise permitted pursuant to the Credit Agreement, with respect to any Commercial Tort Claim in excess of $250,000 individually hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, Supplement identifying such new Commercial Tort ClaimsClaims in excess of $500,000 individually and $1,000,000 in the aggregate.

Appears in 2 contracts

Samples: Intercreditor Agreement (SafeNet Holding Corp), Intercreditor Agreement (SafeNet Holding Corp)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim with a value that is reasonably expected to be in excess of $250,000 individually hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Paramount Acquisition Corp), Credit and Guaranty Agreement (Paramount Acquisition Corp)

Covenants and Agreements. Each each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 100,000 individually or $1,000,000 in the aggregate hereafter arising it shall deliver to the Collateral Agent Trustee a completed Pledge Supplement, substantially in the form of Exhibit Annex A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 2 contracts

Samples: First Lien Security Agreement (Ziff Davis Holdings Inc), Pledge and Security Agreement (Iwo Holdings Inc)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually or $1,000,000 in the aggregate hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all applicable Supplements to Schedules thereto, identifying such new Commercial Tort Claims. Unless and until Collateral Agent shall actually receive such Pledge Supplement, Collateral Agent may assume without inquiry that no such Pledge Supplement is required to be delivered to it.

Appears in 2 contracts

Samples: Pledge and Security Agreement, Pledge and Security Agreement (Akoustis Technologies, Inc.)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually or $1,000,000 in the aggregate hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Connetics Corp)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 10,000,000 individually hereafter arising it shall deliver (promptly, and in any event within 30 days) to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Security Agreement (Las Vegas Sands Corp)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $100,000 individually or $250,000 individually in the aggregate hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.. WEIL:\96958198\8\71605.0155

Appears in 1 contract

Samples: Pledge and Security Agreement (REVA Medical, Inc.)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 1,000,000 individually or $2,500,000 in the aggregate hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all applicable Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Sanmina-Sci Corp)

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Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of a stated amount greater than $250,000 individually hereafter arising it shall deliver to the Collateral Administrative Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Pledge and Security Agreement (TherapeuticsMD, Inc.)

Covenants and Agreements. Each Grantor hereby covenants and agrees that that, with respect to any Commercial Tort Claim in excess of $250,000 individually 10,000,000 in the aggregate hereafter arising it shall deliver to the Collateral Agent Trustee a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Pledge and Security Agreement (Euramax International, Inc.)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually 25,000 hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Pledge and Security Agreement (American Medical Systems Holdings Inc)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually 100,000 hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually 25,000 singly or $50,000 in the aggregate hereafter arising it shall promptly deliver to the Collateral Administrative Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Pledge and Security Agreement (Clovis Oncology, Inc.)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 4,000,000 individually hereafter arising it shall deliver (promptly, and in any event within 30 days) to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Security Agreement (Las Vegas Sands Corp)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim involving an asserted claim in excess of $250,000 individually hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims. *** Certain confidential information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.

Appears in 1 contract

Samples: Financing Agreement (Federal Signal Corp /De/)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 2,000,000 individually or $15,000,000 in the aggregate hereafter arising it shall deliver in accordance with Section 5.1 (m) of the Credit Agreement to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules theretoSchedules, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Pledge and Security Agreement (Simmons Co /Ga/)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually 1,000,000 hereafter arising it such Grantor shall deliver to the Collateral Administrative Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached heretoAnnex I, together with all applicable Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Pledge and Security Agreement (Talecris Biotherapeutics Holdings Corp.)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually 50,000 hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Financing Agreement (Global Geophysical Services Inc)

Covenants and Agreements. Each Grantor hereby covenants and agrees that that, with respect to any Commercial Tort Claim in excess of $250,000 100,000 individually or $1,000,000 in the aggregate hereafter arising arising, it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Pledge and Security Agreement (Kroll Inc)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually 50,000 or $100,000 in the aggregate hereafter arising it shall deliver to the Collateral Administrative Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Pledge and Security Agreement (Clovis Oncology, Inc.)

Covenants and Agreements. Each Grantor hereby covenants and agrees that that, with respect to any Commercial Tort Claim of such Grantor hereafter arising which could reasonably be expected to result in an award for damages in excess of $250,000 individually hereafter arising 2,000,000, it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Enviva Partners, LP)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 100,000 individually or $500,000 in the aggregate hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Patent Security Agreement (Services International LLC)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 individually 1,000,000 hereafter arising it shall deliver to the Collateral Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort ClaimsClaims (and describing such claim based upon the complaint filed by such Grantor in connection therewith).

Appears in 1 contract

Samples: Pledge and Security Agreement (Kraton Polymers LLC)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim relating primarily to the Collateral in excess of $250,000 individually 500,000 in the aggregate hereafter arising it shall deliver to the Parity Lien Collateral Agent Trustee a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Pledge and Security Agreement (NewPage Energy Services LLC)

Covenants and Agreements. Each Grantor hereby covenants and agrees that with respect to any Commercial Tort Claim in excess of $250,000 100,000 individually or $200,000 in the aggregate hereafter arising it shall deliver to the Collateral Administrative Agent a completed Pledge Supplement, substantially in the form of Exhibit A attached hereto, together with all Supplements to Schedules thereto, identifying such new Commercial Tort Claims.

Appears in 1 contract

Samples: Pledge and Security Agreement (Better Choice Co Inc.)

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