Common use of Collateral Agreement Clause in Contracts

Collateral Agreement. By executing and delivering this Assumption Agreement, the Additional Grantor, as provided in Section 8.14 of the Collateral Agreement, hereby becomes a party to the Collateral Agreement as a Grantor and a Guarantor thereunder with the same force and effect as if originally named therein as a Grantor and a Guarantor and, without limiting the generality of the foregoing, hereby expressly (a) assumes all obligations and liabilities of a Grantor and a Guarantor thereunder; (b) guarantees the Secured Obligations pursuant to Section 2 of the Collateral Agreement; and (c) assigns and transfers to the Administrative Agent, and hereby grants to the Administrative Agent, for the ratable benefit of the Secured Parties, a security interest in all such Additional Grantor’s right, title and interest in and to the Collateral, wherever located and whether now owned or at any time hereafter acquired by the Additional Grantor or in which the Additional Grantor now has or at any time in the future may acquire any right, title or interest, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of the Additional Grantor’s Obligations. The information set forth in [Annex 1-A] hereto is hereby added to the information set forth in Schedules 1 to the Collateral Agreement. The Additional Grantor hereby represents and warrants that each of the representations and warranties contained in Section 4 of the Collateral Agreement is true and correct on and as the date hereof (after giving effect to this Assumption Agreement) as if made on and as of such date.

Appears in 3 contracts

Samples: Intellectual Property Security Agreement (Ollie's Bargain Outlet Holdings, Inc.), Intellectual Property Security Agreement (Ollie's Bargain Outlet Holdings, Inc.), Intellectual Property Security Agreement (Ollie's Bargain Outlet Holdings, Inc.)

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Collateral Agreement. By executing and delivering this Assumption Agreement, the Additional Grantor, as provided in Section 8.14 subsection 9.15 of the Collateral Agreement, hereby becomes a party to the Collateral Agreement as a Grantor and a Guarantor thereunder with the same force and effect as if originally named therein as a [Grantor and a Guarantor Pledgor] [Grantor] [Pledgor]3 and, without limiting the generality of the foregoing, 3 Indicate the capacities in which the Additional Granting Party is becoming a Grantor. hereby expressly (a) assumes all obligations and liabilities of a [Grantor and a Guarantor Pledgor] [Grantor] [Pledgor]4 thereunder; (b) guarantees the Secured Obligations pursuant to Section 2 of the Collateral Agreement; and (c) assigns and transfers to the Administrative Agent, and hereby grants to the Administrative Agent, for the ratable benefit of the Secured Parties, a security interest in all such Additional Grantor’s right, title and interest in and to the Collateral, wherever located and whether now owned or at any time hereafter acquired by the Additional Grantor or in which the Additional Grantor now has or at any time in the future may acquire any right, title or interest, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of the Additional Grantor’s Obligations. The information set forth in [Annex 1-A] A hereto is hereby added to the information set forth in Schedules 1 to the Collateral Agreement, and such Schedules are hereby amended and modified to include such information. The Additional Grantor hereby represents and warrants that each of the representations and warranties of such Additional Grantor, in its capacities as a [Grantor and Pledgor] [Grantor] [Pledgor],5 contained in Section 4 of the Collateral Agreement is true and correct in all material respects on and as the date hereof (after giving effect to this Assumption Agreement) as if made on and as of such date. Each Additional Granting Party hereby grants, as and to the same extent as provided in the Collateral Agreement, to the Note Collateral Agent, for the benefit of the Secured Parties, a continuing security interest in the [Collateral (as such term is defined in Section 3.1 of the Collateral Agreement) of such Additional Granting Party] [and] [the Pledged Collateral (as such term is defined in the Collateral Agreement) of such Additional Granting Party, except as provided in subsection 3.3 of the Collateral Agreement].

Appears in 2 contracts

Samples: Collateral Agreement (Hd Supply, Inc.), Collateral Agreement (Hd Supply, Inc.)

Collateral Agreement. By executing and delivering this Assumption Agreement, the Additional Grantor, as provided in Section 8.14 8.13 of the Collateral Agreement, hereby becomes a party to the Collateral Agreement as a Grantor Guarantor and a Guarantor Grantor thereunder with the same force and effect as if originally named therein as a Grantor Guarantor and a Guarantor Grantor and, without limiting the generality of the foregoing, hereby expressly (a) assumes all obligations and liabilities of a Grantor Guarantor and a Guarantor Grantor thereunder; (b) guarantees . Without limiting the Secured Obligations pursuant to Section 2 generality of the Collateral Agreement; foregoing, the Additional Grantor hereby grants and (c) assigns and transfers to the Administrative Agent, and hereby grants to the Administrative Agent, Collateral Agent for the ratable benefit of the Secured Parties, a security interest in in, all such Additional Grantor’s of its right, title and interest in and to the Collateral, wherever located and whether now owned or at any time hereafter acquired by the Additional Grantor or in which the Additional Grantor now has or at any time in the future may acquire any right, title or interest, as collateral security for the prompt and complete payment and performance when due (whether at the stated maturity, by acceleration or otherwise) of the Obligations. Pursuant to any applicable law, each Additional Grantor’s ObligationsGrantor authorizes the Collateral Agent to file or record financing statements and other filing or recording documents or instruments with respect to the Collateral without the signature of such Additional Grantor in such form and in such offices as the Collateral Agent determines appropriate to perfect the security interests of the Collateral Agent under this Agreement. Each Additional Grantor authorizes the Collateral Agent to use the collateral description “all assets” or words of similar effect and an indication that after-acquired assets are covered in such financing statements. The information set forth in [Annex 1-A] A hereto is hereby added to the information set forth in the Schedules 1 to the Collateral Agreement. The Additional Grantor hereby represents and warrants warrants, to the extent applicable and with respect to itself, that each of the representations and warranties contained in Section 4 of the Collateral Agreement is true and correct on and as of the date hereof (after giving effect to this Assumption Agreement) as if made on and as of such date.

Appears in 2 contracts

Samples: Collateral Agreement (Scientific Games Corp), Collateral Agreement (Scientific Games Corp)

Collateral Agreement. By executing and delivering this Assumption Agreement, the Additional Grantor, as provided in Section 8.14 of the Collateral Agreement, hereby becomes a party to the Collateral Agreement as a Grantor and a Guarantor thereunder with the same force and effect as if originally named therein as a Grantor and a Guarantor and, without limiting the generality of the foregoing, hereby expressly (a) assumes all obligations and liabilities of a Grantor and a Guarantor thereunder; (b) guarantees the Secured Borrower Obligations pursuant to Section 2 of the Collateral Agreement; and (c) assigns and transfers to the Administrative Collateral Agent, and hereby grants to the Administrative Collateral Agent, for its benefit and for the ratable benefit of the other Secured Parties, a security interest in all such Additional Grantor’s right, title and interest in and to the Collateral, wherever located and whether now owned or at any time hereafter acquired by the Additional Grantor or in which the Additional Grantor now has or at any time in the future may acquire any right, title or interest, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of the Additional Grantor’s Obligations. The information set forth in [Annex 1-A] hereto is hereby added to the information set forth in Schedules 1 (1) to the Collateral Agreement. The Additional Grantor hereby represents and warrants that each of the representations and warranties contained in Section 4 of the Collateral Agreement is true and correct on and as the date hereof (after giving effect to this Assumption Agreement) as if made on and as of such date.

Appears in 1 contract

Samples: Assumption Agreement (Generac Holdings Inc.)

Collateral Agreement. By executing and delivering this Assumption Agreement, the Additional GrantorPledgor, as provided in Section 8.14 8.15 of the Collateral Agreement, hereby becomes a party to the Collateral Agreement as a Grantor and a Guarantor Pledgor thereunder with the same force and effect as if originally named therein as a Grantor and a Guarantor Pledgor and, without limiting the generality of the foregoing, hereby expressly (a) assumes all obligations and liabilities of a Grantor Pledgor thereunder. In furtherance of the foregoing, the Additional Pledgor, as security for the payment and a Guarantor thereunder; performance in full of the Obligations, does (bx) guarantees hereby create and grant to the Secured Obligations pursuant to Section 2 of the Collateral Agreement; Party, its successors and (c) assigns and transfers to the Administrative Agent, and hereby grants to the Administrative Agent, for the ratable benefit of the Secured Partiesassigns, a security interest in all such of the Additional GrantorPledgor’s right, title and interest in and to the Collateral, wherever located and whether now owned or at any time hereafter acquired by Collateral of the Additional Grantor or in which Pledgor and (y) jointly and severally with the Additional Grantor now has or at any time in the future may acquire any rightother Guarantors, title or interest, as collateral security for unconditionally and irrevocably guarantee the prompt and complete payment and performance by the Borrower when due (whether at the stated maturity, maturity by acceleration or otherwise) of the Obligations. Each reference to a “subsidiary”, a “Pledgor” or a “Subsidiary Party” in the Collateral Agreement shall be deemed to include the Additional Grantor’s ObligationsPledgor. The Collateral Agreement is hereby incorporated herein by reference. The information set forth in [Annex 1-A] A hereto (a) is a true and correct schedule of all of the Collateral of the Additional Pledgor as of the date hereof and (b) is hereby added to the information set forth in Schedules [_________]1 to the Collateral Agreement. The Additional Grantor Pledgor hereby represents and warrants that each of the representations and warranties contained in Section 4 of the Collateral Agreement applicable to it is true and correct on and as the date hereof (after giving effect to this Assumption Agreement) as if made on and as of such date.

Appears in 1 contract

Samples: Collateral Agreement (Rise Gold Corp.)

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Collateral Agreement. By executing and delivering this Assumption Agreement, the Additional Grantor, as provided in Section 8.14 of the Collateral Agreement, hereby becomes a party to the Collateral Agreement as a Grantor and a Guarantor thereunder with the same force and effect as if originally named therein as a Grantor and a Guarantor and, without limiting the generality of the foregoing, hereby expressly (a) assumes all obligations and liabilities of a Grantor and a Guarantor thereunder; (b) guarantees the Secured Obligations pursuant to Section 2 of the Collateral Agreement; and (c) assigns and transfers to the Administrative Agent, and hereby grants to the Administrative Agent, for the ratable benefit of the Secured Parties, a security interest in all such Additional Grantor’s right, title and interest in and to the Collateral, wherever located and whether now owned or at any time hereafter acquired by the Additional Grantor or in which the Additional Grantor now has or at any time in the future may acquire any right, title or interest, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of the Additional Grantor’s Obligations. The information set forth in [Annex 1-A] hereto is hereby added to the information set forth in Schedules 1 (1) to the Collateral Agreement. The Additional Grantor hereby represents and warrants that each of the representations and warranties contained in Section 4 of the Collateral Agreement is true and correct on and as the date hereof (after giving effect to this Assumption Agreement) as if made on and as of such date.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Tuesday Morning Corp/De)

Collateral Agreement. By executing and delivering this Assumption Agreement, the Additional Grantor, as provided in Section 8.14 of the Collateral Agreement, hereby becomes a party to the Collateral Agreement as a Grantor Guarantor and a Guarantor Grantor thereunder with the same force and effect as if originally named therein as a Grantor Guarantor and a Guarantor Grantor and, without limiting the generality of the foregoing, hereby expressly (a) assumes all obligations and liabilities of a Grantor Guarantor and a Guarantor Grantor thereunder; (b) guarantees . Without limiting the Secured Obligations pursuant to Section 2 generality of the Collateral Agreement; foregoing, the Additional Grantor hereby grants and (c) assigns and transfers to the Administrative Agent, and hereby grants to the Administrative Agent, Collateral Agent for the ratable benefit of the Secured Parties, a security interest in in, all such Additional Grantor’s of its right, title and interest in and to the Collateral, wherever located and whether now owned or at any time hereafter acquired by the Additional Grantor or in which the Additional Grantor now has or at any time in the future may acquire any right, title or interest, as collateral security for the prompt and complete payment and performance when due (whether at the stated maturity, by acceleration or otherwise) of the Obligations. Pursuant to any applicable law, each Additional Grantor’s ObligationsGrantor authorizes the Collateral Agent to file or record financing statements and other filing or recording documents or instruments with respect to the Collateral without the signature of such Additional Grantor in such form and in such offices as the Collateral Agent determines appropriate to perfect the security interests of the Collateral Agent under this Agreement. Each Additional Grantor authorizes the Collateral Agent to use the collateral description “all assets” or words of similar effect and an indication that after-acquired assets are covered in such financing statements. The information set forth in [Annex 1-A] A hereto is hereby added to the information set forth in the Schedules 1 to the Collateral Agreement. The Additional Grantor hereby represents and warrants warrants, to the extent applicable and with respect to itself, that each of the representations and warranties contained in Section 4 of the Collateral Agreement is true and correct on and as of the date hereof (after giving effect to this Assumption Agreement) as if made on and as of such date.

Appears in 1 contract

Samples: Collateral Agreement (Scientific Games Corp)

Collateral Agreement. By executing and delivering this Assumption Agreement, the Additional Grantor, as provided in Section 8.14 of the Collateral Agreement, hereby becomes a party to the Collateral Agreement as a Grantor and a Guarantor thereunder with the same force and effect as if originally named therein as a Grantor and a Guarantor and, without limiting the generality of the foregoing, hereby expressly (a) assumes all obligations and liabilities of a Grantor and a Guarantor thereunder; (b) guarantees the Secured Borrower Obligations pursuant to Section 2 of the Collateral Agreement; and (c) assigns and transfers to the Administrative Agent, and hereby grants to the Administrative Agent, for the ratable benefit of the Secured Parties, a security interest in all such Additional Grantor’s right, title and interest in and to the Collateral, wherever located and whether now owned or at any time hereafter acquired by the Additional Grantor or in which the Additional Grantor now has or at any time in the future may acquire any right, title or interest, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of the Additional Grantor’s Obligations. The information set forth in [Annex 1-A] hereto is hereby added to the information set forth in Schedules 1 (1) to the Collateral Agreement. The Additional Grantor hereby represents and warrants that each of the representations and warranties contained in Section 4 of the Collateral Agreement is true and correct on and as the date hereof (after giving effect to this Assumption Agreement) as if made on and as of such date.

Appears in 1 contract

Samples: Assumption Agreement (Generac Holdings Inc.)

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