Common use of Financing Statement; Further Assurances Clause in Contracts

Financing Statement; Further Assurances. Simultaneously herewith, the Borrowers shall deliver to Lender for filing a financing statement or statements in connection with the Collateral in the form reasonably required by Lender to properly perfect Lender's security interest therein to the extent a security interest in the Collateral may also be perfected by filing. The Borrowers agree that at any time and from time to time, at the expense of the Borrowers, the Borrowers will promptly execute and deliver all further instruments and documents, and take all further actions, that may be reasonably necessary, or that Agent or Lender may reasonably request, in order to perfect and protect any security interest granted or purported to be granted hereby (including, without limitation, any security interest in and to any Permitted Investments) or to enable Agent or Lender to exercise and enforce its rights and remedies hereunder with respect to any Collateral. In the event of any change in name, identity or structure of any Borrower, such Borrower shall notify Lender thereof and promptly after Lender's reasonable request shall file and record, or deliver to Lender, such UCC financing statements (if any) as are necessary to maintain the priority of Lender's lien upon and security interest in the Collateral, and shall pay all expenses and fees in connection with the filing and recording thereof. If Lender shall require the filing or recording of additional UCC financing or continuation statements, the Borrowers shall, promptly after request, execute, if necessary, file and record such UCC financing or continuation statements as Lender shall deem reasonably necessary, and shall pay all reasonable expenses and fees in connection with the filing and recording thereof.

Appears in 4 contracts

Samples: Cash Management Agreement (Lodgian Inc), Management Agreement (Lodgian Inc), Management Agreement (Lodgian Inc)

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Financing Statement; Further Assurances. Simultaneously herewith, the The Borrowers shall deliver hereby authorize Lender to Lender for filing file a financing statement or statements in connection with the Collateral in the form reasonably required by Lender to properly perfect Lender's ’s security interest therein to the extent a security interest in the Collateral may also be perfected by filing. The Borrowers agree that at any time and from time to time, at the expense of the Borrowers, the Borrowers will promptly execute and deliver all further instruments and documents, and take (or authorize the taking of) all further actionsaction, that may be reasonably necessarynecessary or desirable, or that Agent or Lender may reasonably request, in order to perfect and protect any security interest granted or purported to be granted hereby (including, without limitation, any security interest in and to any Permitted Investments) or to enable Agent or Lender to exercise and enforce its rights and remedies hereunder with respect to any Collateral. In the event of any change in name, identity or structure of any Borrowerthe Borrowers, such Borrower the Borrowers shall notify Lender thereof and promptly after Lender's reasonable request shall hereby authorize Lender to file and record, or deliver to Lender, record such UCC financing statements (if any) as are reasonably necessary to maintain the priority of Lender's ’s lien upon and security interest in the Collateral, and shall pay all expenses and fees in connection with the filing and recording thereof. If Lender shall require the filing or recording of additional UCC financing or continuation statements, the Borrowers shall, promptly after request, execute, if necessary, file and record such UCC financing or continuation statements as Lender shall deem reasonably necessary, and shall pay all reasonable expenses and fees in connection with the filing and recording thereof.

Appears in 4 contracts

Samples: Cash Management Agreement, Cash Management Agreement (American Tower Corp /Ma/), Cash Management Agreement (American Tower Corp /Ma/)

Financing Statement; Further Assurances. Simultaneously herewithEach Borrower hereby irrevocably authorizes Lender at any time and from time to time to file in any filing office in any jurisdiction any initial financing statements and amendments thereto that (1) indicate the Account Collateral and other Collateral (i) as all assets of such Borrower or words of similar effect, regardless of whether any particular asset comprised in the Borrowers shall deliver to Lender Account Collateral or other Collateral falls within the scope of Article 9 of the UCC or such jurisdiction, or (ii) as being of an equal or lesser scope or with greater detail, and (2) contain any other information required by Part 5 of Article 9 of the UCC for the sufficiency or filing a office acceptance of any financing statement or statements in connection with amendment, including (x) whether such Borrower is an organization, the type of organization and any organization identification number issued to such Borrower, and (y) a sufficient description of real property to which the Collateral in the form reasonably required by relates. Each Borrower agrees to furnish any such information to Lender promptly upon request. Each Borrower also ratifies its authorization for Lender to properly perfect Lender's security interest therein have filed in any jurisdiction any initial financing statements or amendments thereto if filed prior to the extent a security interest in the Collateral may also be perfected by filingdate hereof. The Borrowers agree Each Borrower agrees that at any time and from time to time, at the expense of the Borrowerssuch Borrower, the Borrowers such Borrower will promptly execute and deliver all further instruments and documents, and take all further actionsaction, that may be reasonably necessarynecessary or desirable, or that Agent or Lender may reasonably request, in order to perfect and protect any security interest granted or purported to be granted hereby (including, without limitation, any security interest in and to any Permitted Investments) or to enable Agent or Lender to exercise and enforce its rights and remedies hereunder with respect to any Account Collateral. In the event of any change in name, identity or structure of any Borrower, such Borrower shall notify Lender thereof and promptly after Lender's reasonable ’s request shall execute, file and record, or deliver to Lender, record such UCC financing statements (if any) as are necessary to maintain the priority of Lender's lien upon and security interest in the Account Collateral, and shall pay all expenses and fees in connection with the filing and recording thereof. If Lender shall require the filing or recording of additional UCC financing or continuation statements, the Borrowers each Borrower shall, promptly after request, execute, if necessary, file and record such UCC financing or continuation statements as Lender shall deem reasonably necessary, and shall pay all reasonable expenses and fees in connection with the filing and recording thereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Loan and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)

Financing Statement; Further Assurances. Simultaneously herewithBorrower hereby irrevocably authorizes Lender at any time and from time to time to file in any filing office in any jurisdiction any initial financing statements and amendments thereto that (1) indicate the Account Collateral and other Collateral (i) as all assets of the Borrower or words of similar effect, regardless of whether any particular asset comprised in the Borrowers shall deliver to Lender Account Collateral or other Collateral falls within the scope of Article 9 of the UCC or such jurisdiction, or (ii) as being of an equal or lesser scope or with greater detail, and (2) contain any other information required by Part 5 of Article 9 of the UCC for the sufficiency or filing a office acceptance of any financing statement or statements in connection with amendment, including (i) whether Borrower is an organization, the type of organization and any organization identification number issued to such Borrower, and (ii) a sufficient description of real property to which the Collateral in the form reasonably required by relates. Borrower agrees to furnish any such information to Lender promptly upon request. Borrower also ratifies its authorization for Lender to properly perfect Lender's security interest therein have filed in any jurisdiction any initial financing statements or amendments thereto if filed prior to the extent a security interest in the Collateral may also be perfected by filingdate hereof. The Borrowers agree Borrower agrees that at any time and from time to time, at the expense of the Borrowerssuch Borrower , the Borrowers such Borrower will promptly execute and deliver all further instruments and documents, and take all further actionsaction, that may be reasonably necessarynecessary or desirable, or that Agent or Lender may reasonably request, in order to perfect and protect any security interest granted or purported to be granted hereby 74 (including, without limitation, any security interest in and to any Permitted Investments) or to enable Agent or Lender to exercise and enforce its rights and remedies hereunder with respect to any Account Collateral. In the event of any change in name, identity or structure of any Borrower, such Borrower shall notify Lender thereof and promptly after Lender's reasonable ’s request shall execute, file and record, or deliver to Lender, record such UCC financing statements (if any) as are necessary to maintain the priority of Lender's lien upon and security interest in the Account Collateral, and shall pay all expenses and fees in connection with the filing and recording thereof. If Lender shall require the filing or recording of additional UCC financing or continuation statements, the Borrowers Borrower shall, promptly after request, execute, if necessary, file and record such UCC financing or continuation statements as Lender shall deem reasonably necessary, and shall pay all reasonable expenses and fees in connection with the filing and recording thereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Investors Real Estate Trust)

Financing Statement; Further Assurances. Simultaneously herewith, the Borrowers shall deliver to Lender for filing a financing statement or statements in connection with the Collateral in the form reasonably required by Lender to properly perfect Lender's security interest therein to the extent a security interest in the Collateral may also be perfected by filing. The Borrowers agree that at any time and from time to time, at the expense of the Borrowers, the Borrowers will promptly execute and deliver all further instruments and documents, and take all further actions, that may be reasonably necessary, or that Agent or Lender may reasonably request, in order to perfect and protect any security interest granted or purported to be granted hereby (including, without limitation, any security interest in and to any Permitted Investments) or to enable Agent or Lender to exercise and enforce its rights and remedies hereunder with respect to any Collateral. In the event of any change in name, identity or structure of any Borrower, such Borrower shall notify Lender thereof and promptly after Lender's reasonable request shall file and record, or deliver to Lender, such UCC financing statements (if any) as are necessary to maintain the priority of Lender's lien upon and security interest in the Collateral, and shall pay all expenses and fees in connection with the filing and recording thereof. If Lender shall require the filing or recording of additional UCC financing or continuation statements, the Borrowers shall, promptly after request, execute, if necessary, file and record such UCC financing or continuation statements as Lender shall deem reasonably necessary, and shall pay all reasonable expenses and fees in connection with the filing and recording thereof.. Cash Management Agreement (FX3)

Appears in 1 contract

Samples: Management Agreement (Lodgian Inc)

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Financing Statement; Further Assurances. Simultaneously herewithGrantor agrees, the Borrowers shall deliver to Lender for filing a financing statement or statements in connection concurrently with the Collateral in the form reasonably required by Lender to properly perfect Lender's security interest therein executing this Agreement, that Secured Party (and to the extent a security interest in the Collateral may also be perfected authorized by filing. The Borrowers agree that Secured Party, its counsel and other representatives) is authorized, at any time and from time to time, to execute, deliver and file or record UCC-1 financing statements, amendments and continuations to financing statements, and instructions relating to the Promissory Note Collateral in favor of Secured Party, and any similar financing statements in any jurisdiction in which Secured Party reasonably determines such filing or delivery to be necessary or advisable. Grantor further agrees to provide Secured Party with written notice of any change in its name, form of organization, jurisdiction of organization or location of its chief executive office or principal place of business within thirty (30) business days of such change. Grantor further agrees that upon the occurrence of an Acceleration Event under any given Promissory Note, and at any time and from time to time thereafter until the cause of such Acceleration Event has been cured, Grantor shall, at the expense reasonable request of the Borrowers, Secured Party and at the Borrowers will Grantor’s expense promptly execute and deliver all further instruments and documents, and take all further actions, that may be reasonably necessary, or that Agent or Lender may reasonably request, in order to perfect and protect any security interest granted or purported to be granted hereby (documents including, without limitation, any security interest in collateral assignments, Form UCC-1 financing statements or amendments or continuations thereof, and consents to any Permitted Investments) or to enable Agent or Lender to the exercise and enforce its by Secured Party of all of Secured Party’s rights and remedies hereunder hereunder, under any supplement hereto or applicable law with respect to any the Collateral. In the event of any change , and do or cause to be done such further acts as may be reasonably necessary or proper in nameSecured Party’s opinion to evidence, identity or structure of any Borrower, such Borrower shall notify Lender thereof maintain and promptly after Lender's reasonable request shall file and record, or deliver to Lender, such UCC financing statements (if any) as are necessary to maintain the priority of Lender's lien upon and enforce Secured Party’s security interest in the CollateralCollateral and to otherwise effectuate the provisions or purposes of this Agreement or any supplement hereto including, and shall pay all expenses and fees in connection with without limitation, requiring delivery of the filing and recording thereof. If Lender shall require the filing or recording of additional UCC financing or continuation statements, the Borrowers shall, promptly after request, execute, if necessary, file and record such UCC financing or continuation statements Promissory Note Collateral to Secured Party to hold as Lender shall deem reasonably necessary, and shall pay all reasonable expenses and fees in connection with the filing and recording thereofsecured party.

Appears in 1 contract

Samples: Securities Purchase Agreement (Marina Biotech, Inc.)

Financing Statement; Further Assurances. Simultaneously herewith, the Borrowers shall deliver to Lender for filing a financing statement or statements in connection with the Collateral in the form reasonably required by Lender to properly perfect Lender's security interest therein to the extent a security interest in the Collateral may also be perfected by filing. The Borrowers agree that at any time and from time to time, at the expense of the Borrowers, the Borrowers will promptly execute and deliver all further instruments and documents, and take all further actions, that may be reasonably necessary, or that Agent or Lender may reasonably request, in order to perfect and protect any security interest granted or purported to be granted hereby (including, without limitation, any security interest in and to any Permitted Investments) or to enable Agent or Lender to exercise and enforce its rights and remedies hereunder with respect to any Collateral. In the event of any change in name, identity or structure of any Borrower, such Borrower shall notify Lender thereof and promptly after Lender's reasonable request shall file and record, or deliver to Lender, such UCC financing statements (if any) as are necessary to maintain the priority of Lender's lien upon and security interest in the Collateral, and shall pay all expenses and fees in connection with the filing and recording thereof. If Lender shall require the filing or recording of additional UCC financing or continuation statements, the Borrowers shall, promptly after request, execute, if necessary, file and record such UCC financing or continuation statements as Lender shall deem reasonably necessary, and shall pay all reasonable expenses and fees in connection with the filing and recording thereof.. Cash Management Agreement (FX2)

Appears in 1 contract

Samples: Cash Management Agreement (Lodgian Inc)

Financing Statement; Further Assurances. Simultaneously herewith, the Borrowers Borrower shall execute and deliver to Lender for filing a financing statement or statements in connection with the Collateral in the form reasonably required by Lender to properly perfect Lender's security interest therein to the extent a security interest in the Collateral may also be perfected by filing. The Borrowers agree Borrower agrees that at any time and from time to time, at the expense of the BorrowersBorrower, the Borrowers Borrower will promptly execute and deliver all further instruments and documents, and take all further actionsaction, that may be reasonably necessarynecessary or desirable, or that Agent or Lender may reasonably request, in order to perfect and protect any security interest granted or purported to be granted hereby (including, without limitation, any security interest in and to any Permitted Investments) or to enable Agent or Lender to exercise and enforce its rights and remedies hereunder with respect to any Collateral. In the event of any change in name, identity or structure of any Borrower, such Borrower shall notify Lender thereof and promptly after Lender's reasonable request shall execute, file and record, or deliver to Lender, record such UCC financing statements (if any) as are necessary to maintain the priority of Lender's lien upon and security interest in the Collateral, and shall pay all reasonable expenses and fees in connection with the filing and recording thereof. If Lender shall require the filing or recording of additional UCC financing or continuation statements, the Borrowers Borrower shall, promptly after request, execute, if necessary, file and record such UCC financing or continuation statements as Lender shall deem reasonably necessary, and shall pay all reasonable expenses and fees in connection with the filing and recording thereof.

Appears in 1 contract

Samples: Management Agreement (Ventas Inc)

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