Concerning the Collateral. Upon execution and delivery of the Security Agreement by the Company and the Collateral Agent and completion of the filings referred to in Schedule I to the Pledge and Security Agreement and Exhibit C to the Patent and Trademark Security Agreement, the Collateral Agent will have a first priority perfected security interest in the Collateral for the ratable benefit of the holders of the Note and the Other Notes.
Concerning the Collateral. Debtors (a) shall fully perform all of their duties under and in connection with each transaction to which any Collateral relates, (b) shall promptly notify Secured Party about any change in any fact or circumstances represented or warranted by any Debtor about any Collateral, (c) shall promptly notify Secured Party of any claim, action, or proceeding affecting title to any Collateral or the Security Interest and, at Secured Party's request and Debtors' expense, appear in and defend that action or proceeding, (d) shall hold in trust for Secured Party (as agent and Representative of the Seasoned Warehouse Lenders) all Collateral not delivered to Secured Party (without excusing any failure to deliver Collateral Papers to Secured Party as required by this Agreement) and mark xxxt Collateral on the relevant Debtor's records that it is subject to the Security Interest (but the failure to do so does not impair the Security Interest or its priority), (e) other than collections under SECTION 4.3 below, shall pay and deliver to Secured Party all items and types of property into which any Collateral may be converted (all of which shall automatically be and remain subject to the Security Interest) and properly endorse, assign, or take such other action as Secured Party may request in order to maintain and continue the Security Interest in that property and (f) may not compromise, extend, release or adjust payments on any Collateral, accept a conveyance of mortgaged property in full or partial satisfaction of any Collateral or release any mortgage, deed of trust, or trust deed securing or underlying any Collateral.
Concerning the Collateral. The Mortgaged Properties are described in and covered by the Reserve Reports that have previously been delivered to and relied upon by Agent and Lenders in connection with this Agreement, and the Loan Parties own at least the decimal percentage Mineral Interest in such properties as specified in such engineering reports.
Concerning the Collateral. All Collateral (a) is genuine and in all respects what it purports to be, (b) is the legal, valid, and binding obligation of each Obligor (EXCEPT as enforceability may be limited by Debtor Laws), (c) is free from any claim for credit, deduction, or allowance of any Obligor and free from any defense, dispute, setoff, or counterclaim (other than for payments made in respect of it), (d) if an Equity Loan or Improvement Loan, was originated and is in compliance with all Governmental Requirements, and (e) conforms to the applicable requirements of eligibility under SCHEDULE 4.1 to the Credit Agreement.
Concerning the Collateral. (i) On each Funding Date, Collateral Agent shall have received (or shall hold from prior closings) a broker's report and current insurance certificate confirming the insurance coverages on the Collateral which are required by the terms of the Collateral Documents.
Concerning the Collateral. (a) The Agent, the Issuing Bank and each of the Lenders authorizes and directs the Agent to enter into the Security Documents for its benefit and the benefit of the Lenders and the Issuing Bank and to perform all obligations of the Agent thereunder, including (without limitation) obligations to release Collateral. Each holder of any Obligations agrees that any action taken by the Required Lenders (or, where required by the express terms of this Agreement, a greater or lesser proportion of the Lenders) in accordance with the provisions of this Agreement or the Security Documents, and the exercise by the Required Lenders (or, where so required, such greater or lesser proportion) of the powers set forth herein or therein, together with such other powers as are reasonably incidental thereto, shall be authorized and binding upon all of the holders of Obligations.
Concerning the Collateral. 50 SECTION 4.14 REPRESENTATIONS AND WARRANTIES OF THE COLLATERAL AGENT............................. 51
Concerning the Collateral. Notwithstanding the execution and delivery of this Agreement and completion of the transactions contemplated hereby, the Collateral Agent will continue to have a first priority perfected security interest in the Collateral for the ratable benefit of the holders of the Amended Note and the Other Amended Note.
Concerning the Collateral. The Company represents, warrants (each of which such representations and warranties shall be deemed repeated upon the making of each request for a Revolving Loan and made as of the time of each and every Revolving Loan hereunder) and covenants as follows:
Concerning the Collateral. The Mortgaged Properties are described in and covered by the Reserve Reports that have previously been delivered to and relied upon by Agent and Lenders in connection with this Agreement, and the Loan Parties own at least the decimal percentage Mineral Interest in such properties as specified in such engineering reports. As of the Closing Date, Borrower has provided Agent with title information and title data reflecting title to the Mineral Interests of the Loan Parties in those Mortgaged Properties that represent at least the Required Reserve Value of the Loan Parties’ Mineral Interests in those Mortgaged Properties included in the Borrowing Base.