Borrower's Assets. As security for the payment and performance of all obligations of Borrower to CoBank, including but not limited to all obligations of Borrower under Article 5 hereof, and principal and interest under the Notes, purchases of CoBank Equity Interests, fees, Funding Losses, reimbursements, and all other Bank Debt or obligations under any of the Loan Documents, Borrower has, pursuant to the provisions of the "Security Agreement" and the "Additional Security Agreements" (as the latter two terms are defined in the Intercreditor Agreement, and as they may be amended, restated, or otherwise modified from time to time), granted to the Collateral Agent a first lien and security interest, subject only to permitted encumbrances, in the "Collateral" as described in the Intercreditor Agreement ("Collateral"). It is expressly agreed by Borrower and CoBank that this Credit Agreement and each of the Loan Documents are amendments or modifications of and/or replacements to the documents described in Recital E of the Intercreditor Agreement and shall be deemed to be the "CoBank Agreements" as that term is used in the Intercreditor Agreement and the Notes issued hereunder shall be deemed to be the "CoBank Notes" as that term is used in the Intercreditor Agreement. Borrower shall execute and deliver to the Collateral Agent, or to CoBank in the event of the termination of the Intercreditor Agreement such security agreements, financing statements, mortgages, or other documents as Collateral Agent (or CoBank) shall request to establish, confirm, perfect or provide notice of the security interest granted to CoBank in the Collateral.
Borrower's Assets. The Lender shall have received a copy of the results of the Loan Parties’ most recent physical inventory and such results shall be reasonably satisfactory to the Lender. In addition, the Lender shall be reasonably satisfied that the inventory of each Loan Party is located at such places or is in transit to such Loan Party and is in the amounts and of the quality and value previously represented by the Borrower to the Lender and the Lender shall have received such reports, material and other information concerning the inventory and the Loan Parties’ suppliers as shall reasonably satisfy the Lender in its sole discretion.
Borrower's Assets. The Agent shall have received such reports, material and other information concerning the Loan Parties’ inventory and the Loan Parties’ suppliers as shall reasonably satisfy the Agent in its sole discretion.
Borrower's Assets. The Lender shall have received a copy of the results of the Borrower's most recent physical inventory and such results shall be reasonably satisfactory to the Lender. In addition, the Lender shall be reasonably satisfied that the inventory of the Borrower is located at such places or is in transit to the Borrower and is in the amounts and of the quality and value previously represented by the Borrower to the Lender and the Lender shall have received such reports, material and other information concerning the inventory and the Borrower's suppliers as shall reasonably satisfy the Lender in its sole discretion.
Borrower's Assets. As security for the payment and performance of all obligations of Borrower to Agent, CoBank, and the Syndication Parties, including but not limited to principal and interest under the Notes, purchases of CoBank Equity Interests, fees, Funding Losses, reimbursements, and all other Bank Debt or obligations under any of the Loan Documents, Borrower shall grant to, and maintain for, Agent, for the benefit of all present and future Syndication Parties, a first lien and security interest, subject only to Permitted Encumbrances and the provisions of the Intercreditor Agreement, in all of its assets, both real and personal, tangible and intangible, whether now owned or hereafter acquired, including, without limitation, the Underlying Construction Loans and the Underlying Construction Loan Documents ("Collateral"), pursuant to the Security Documents. Borrower shall execute and deliver to Agent, for the benefit of the Syndication Parties, the Security Documents to evidence the security interest of Agent, for the benefit of the Syndication Parties, in the Collateral, together with such financing statements or other documents as Agent shall request. Borrower shall deliver the originals of the Underlying Construction Loan Documents to Agent, for the benefit of all present and future Syndication Parties. Borrower shall also execute such further security agreements, mortgages, deeds of trust, financing statements, assignments or other documents as Agent shall reasonably request, in form and substance as Agent shall specify, to establish, confirm, perfect or provide notice of Agent's security interest (for the benefit of all Syndication Parties) in the Collateral. If requested by Agent: (a) Borrower and Agent shall place a legend on any chattel paper included in the Collateral showing Agent's security interest therein; and (b) Borrower shall deliver to Agent possession of any instruments and securities included in the Collateral (duly endorsed to Agent's reasonable satisfaction).
Borrower's Assets. The Agent shall have received a copy of the results of the Borrower's most recent physical inventory and such results shall be reasonably satisfactory to the Agent. In addition, the Agent shall be reasonably satisfied that the inventory of the Borrower is located at such places or is in transit to the Borrower and is in the amounts and of the quality and value previously represented by the Borrower to the Agent and the Agent shall have received such reports, material and other information concerning the inventory and the Borrower's suppliers as shall reasonably satisfy the Agent in its sole discretion.
Borrower's Assets. As security for the payment and performance of all obligations of Borrower to Lender including but not limited to all principal and interest under the Revolving Note, fees, reimbursements, and all other Bank Debt or obligations under any of the Loan Documents, Borrower, and each of them individually, shall grant to, and maintain for, Lender a first lien and security interest, subject only to Permitted Encumbrances, in all of its inventory, accounts, and equipment, tangible and intangible, whether now owned or hereafter acquired, (“Collateral”), pursuant to the Security Documents. Borrower, and each of them individually, shall execute and deliver to Lender the Security Documents to evidence the security interest of Lender in the Collateral, together with such financing statements or other documents as Lender shall request. Borrower, and each of them individually, shall also execute such further
Borrower's Assets. As security for the payment and performance of all obligations of Borrower to CoBank and the other Syndication Parties under the Loan Documents, including but not limited to principal, interest, Certificate purchases, fees, Funding Losses, reimbursements, and all other Bank Debt or obligations under any of the Loan Documents, Borrower shall grant to, and maintain for, CoBank, for its own benefit and, in its role as Agent Bank, for the benefit of the present and future Syndication Parties, a first lien and security interest in all of its assets, both real and personal, tangible and intangible, whether now owned or hereafter acquired, including without limitation the Underlying Loan Documents (the "Collateral"). Borrower shall execute and deliver to CoBank the Security Agreement to evidence the security interest of CoBank, for its own benefit and, in its role as Agent Bank, for the benefit of the present and future Syndication Parties, in the Collateral, together with such financing statements or other documents as CoBank shall request. Borrower shall also execute such further security agreements, mortgages, deeds of trust, financing statements, assignments or other documents as CoBank shall reasonably request, in form and substance as CoBank shall specify, to establish, confirm, perfect or provide notice of CoBank's (for its own benefit and, in its role as Agent Bank, for the benefit of the present and future Syndication Parties) security interest in the Collateral. If requested by CoBank, Borrower and CoBank shall place a legend on chattel paper showing CoBank's security interest therein.
Borrower's Assets. Sell or convey all or substantially all of the Borrower's assets.
Borrower's Assets. The Agent and the Required Lenders shall have received a copy of the results of the Loan Parties’ most recent physical Inventory and such results shall be satisfactory to the Agent and the Required Lenders. In addition, the Agent and the Required Lenders shall be satisfied that the Inventory of each Loan Party is located at such places or is in transit to such Loan Party and is in the amounts and of the quality and value previously represented by the Borrower to the Agent and Lenders and the Agent and the Required Lenders shall have received such reports, material and other information concerning the Inventory and the Loan Parties’ suppliers as shall satisfy the Agent in its sole discretion.
