Common use of Concerning the Collateral Clause in Contracts

Concerning the Collateral. Debtor (a) shall fully perform all of its 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 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 Debtor's expense, appear in and defend that action or proceeding, (d) shall hold in trust for Secured Party for the benefit of Lenders all Collateral not delivered to Secured Party (without excusing any failure to deliver Collateral Documents to Secured Party as required by this agreement) and xxxx that Collateral on 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, Debtor shall pay and deliver to Secured Party all items and types of property into which any Collateral may be converted (all of which is 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, (f) shall not, except in the ordinary course of business, compromise, extend, release, or adjust payments on any Collateral, accept a conveyance of mortgaged or leased property in full or partial satisfaction of any Collateral, or release any mortgage, deed of trust, trust deed, security agreement, or lease securing or underlying any Collateral, and (g) shall not agree to the amendment, termination, or substitution of a Take-Out Commitment, if any, covered by the Security Interest if that amendment, termination, or substitution would be a Material-Adverse Event.

Appears in 1 contract

Samples: Credit Agreement (American Business Financial Services Inc /De/)

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Concerning the Collateral. Debtor (a) shall fully perform all of its 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 Debtor about any Collateral, (c) shall promptly notify Secured Party of any claim, action, or proceeding affecting title to any my Collateral or the Security Interest and, at Secured Party's request and Debtor's expense, appear in and defend that action or proceeding, (d) shall hold in trust for Secured Party for the benefit of Lenders all Collateral not delivered to Secured Party (without excusing any failure to deliver Collateral Documents to Secured Party as required by this agreement) and xxxx mark that Collateral on Debtor's records that it is subject to the Security Sxxxxity Interest (but the failure to do so does not impair unpair the Security Interest or its priority), (e) other than collections under Section SECTION 4.3 below, Debtor shall pay and deliver to Secured Party all items and types of property into which any Collateral may be converted (all of which is 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, (f) shall not, except in the ordinary course of business, may not compromise, extend, release, or adjust payments on any Mortgage Collateral, accept a conveyance of mortgaged or leased property in full or partial satisfaction of any CollateralMortgage Loan, or release any mortgage, deed of trust, or trust deed, security agreement, or lease deed securing or underlying any Mortgage Collateral, and (g) shall may not agree to the amendment, termination, or substitution of a any Take-Out Commitment, if any, Commitment covered by the Security Interest if that amendment, termination, or substitution would be a Material-Material- Adverse Event.

Appears in 1 contract

Samples: Credit Agreement (Cfi Mortgage Inc)

Concerning the Collateral. Debtor Debtors (a) shall fully perform all of its 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 Debtor's Debtors' expense, appear in and defend that action or proceeding, (d) shall hold in trust for Secured Party for (as agent and Representative of the benefit of Lenders Seasoned Warehouse Lenders) all Collateral not delivered to Secured Party (without excusing any failure to deliver Collateral Documents Papers to Secured Party as required by this agreementAgreement) and xxxx that 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 SECTION 4.3 below, Debtor shall pay and deliver to Secured Party all items and types of property into which any Collateral may be converted (all of which is 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, property and (f) shall not, except in the ordinary course of business, may not compromise, extend, release, release or adjust payments on any Collateral, accept a conveyance of mortgaged or leased property in full or partial satisfaction of any Collateral, Collateral or release any mortgage, deed of trust, or trust deed, security agreement, or lease deed securing or underlying any Collateral, and (g) shall not agree to the amendment, termination, or substitution of a Take-Out Commitment, if any, covered by the Security Interest if that amendment, termination, or substitution would be a Material-Adverse Event.

Appears in 1 contract

Samples: Warehouse Security Agreement (Mca Financial Corp /Mi/)

Concerning the Collateral. Debtor (a) shall fully perform all of its 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 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 Debtor's expense, appear in and defend that action or proceeding, (d) shall hold in trust for Secured Party for the benefit of Lenders all Collateral not delivered to Secured Party (without excusing any failure to deliver Collateral Documents to Secured Party as required by this agreement) and xxxx that Collateral on 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 SECTION 4.3 below, Debtor shall pay and deliver to Secured Party all items and types of property into which any Collateral may be converted (all of which is 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, (f) shall not, except in the ordinary course of business, may not compromise, extend, release, or adjust payments on any Mortgage Collateral, accept a conveyance of mortgaged or leased property in full or partial satisfaction of any CollateralMortgage Loan, or release any mortgage, deed of trust, or trust deed, security agreement, or lease deed securing or underlying any Mortgage Collateral, and (g) shall may not agree to the amendment, termination, or substitution of a any Take-Out Commitment, if any, Commitment covered by the Security Interest if that amendment, termination, or substitution would be a Material-Adverse Event.

Appears in 1 contract

Samples: Loan Agreement (Matrix Capital Corp /Co/)

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Concerning the Collateral. Debtor (a) shall fully perform all of its 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 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 Debtor's expense, appear in and defend that action or proceeding, (d) shall hold in trust for Secured Party for the benefit of Lenders all Collateral not delivered to Secured Party or the Collateral Custodian (without excusing any failure to deliver Collateral Documents to Secured Party or the Collateral Custodian as required by this agreementAgreement) and xxxx that Collateral on 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 SECTION 4.3 below, Debtor shall pay and deliver to Secured Party all items and types of property into which any Collateral may be converted (all of which is 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) shall not, except in the ordinary course of business, may not compromise, extend, release, or adjust payments on any Collateral, accept a conveyance of mortgaged or leased property in full or partial satisfaction of any Collateral, or release any mortgage, deed of trust, or trust deed, security agreement, or lease deed securing or underlying any Collateral, and (g) shall not agree to the amendment, termination, or substitution of a Take-Out Commitment, if any, covered by the Security Interest if that amendment, termination, or substitution would be a Material-Adverse Event.

Appears in 1 contract

Samples: Custodial Agreement (Imc Mortgage Co)

Concerning the Collateral. Debtor (a) shall fully perform all of its 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 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 Debtor's expense, appear in and defend that action or proceeding, (d) shall hold in trust for Secured Party for the benefit of Lenders all Collateral not delivered to Secured Party (without excusing any failure to deliver Collateral Documents to Secured Party as required by this agreement) and xxxx that Collateral on 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 SECTION 4.3 below, Debtor shall pay and deliver to Secured Party all items and types of property into which any Collateral may be converted (all of which is 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) shall not, except in the ordinary course of business, may not compromise, extend, release, or adjust payments on any Collateral, accept a conveyance of mortgaged or leased property in full or partial satisfaction of any Collateral, or release any mortgage, deed of trust, or trust deed, security agreement, or lease deed securing or underlying any Collateral, and (g) shall not agree to the amendment, termination, or substitution of a Take-Out Commitment, if any, covered by the Security Interest if that amendment, termination, or substitution would be a Material-Adverse Event.

Appears in 1 contract

Samples: Credit Agreement (Rac Financial Group Inc)

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