Grant of Security Interest in the Collateral. To secure the prompt payment and performance in full when due, whether by lapse of time, acceleration or otherwise, of the Secured Obligations, each Obligor hereby grants to the Agent, for the benefit of the Lenders, a continuing security interest in, and a right to set off against, any and all right, title and interest of such Obligor in and to the following, whether now owned or existing or owned, acquired, or arising hereafter (collectively, the "Collateral"): (a) all Accounts; (b) all Chattel Paper; (c) all Deposit Accounts; (d) all Documents; (e) all General Intangibles; (f) all Instruments; (g) all Inventory; (h) all Trademarks; (i) all Trademark Licenses; (j) all books, records, ledger cards, files, correspondence, computer programs, tapes, disks, and related data processing software (owned by such Obligor or in which it has an interest) that at any time evidence or contain information relating to any Collateral or are otherwise necessary or helpful in the collection thereof or realization thereupon; (k) all contract rights under the Factoring Agreements; and (l) to the extent not otherwise included, all Proceeds and products of any and all of the foregoing. The Obligors and the Agent, on behalf of the Lenders, hereby acknowledge and agree that the security interest created hereby in the Collateral (i) constitutes continuing collateral security for all of the Secured Obligations, whether now existing or hereafter arising and (ii) is not to be construed as an assignment of any Trademarks or Trademark Licenses.
Appears in 1 contract
Sources: Credit Agreement (Delta Woodside Industries Inc /Sc/)
Grant of Security Interest in the Collateral. To secure the prompt payment and performance in full when due, whether by lapse of time, acceleration acceleration, mandatory prepayment or otherwise, of the Secured Obligations, each Obligor hereby grants to the Administrative Agent, for the benefit of the Lendersholders of the Secured Obligations, a continuing security interest in, and a right to set off against, any and all right, title and interest of such Obligor in and to all of the following, whether now owned or existing or owned, acquired, or arising hereafter (collectively, the "“Collateral"”):
(a) all Accountsof each Obligor’s right, title and interest in all shares of stock, membership interests and partnership interests described on Schedule 1(a) hereto and all certificates described on Schedule 1(a) hereto evidencing such shares, membership interests or partnership interests;
(b) all Chattel PaperPledged Equity;
(c) all Deposit Accounts;
(d) all Documents;
(e) all General Intangibles;
(f) all Instruments;
(g) all Inventory;
(h) all Trademarks;
(i) all Trademark Licenses;
(j) all books, records, ledger cards, files, correspondence, computer programs, tapes, disks, and related data processing software (owned by such Obligor or in which it has an interestObligor) that at any time evidence or contain information relating to any Collateral or are otherwise necessary or helpful in the collection thereof or realization thereupon;
(k) all contract rights under the Factoring Agreements; and
(ld) to the extent not otherwise included, all Proceeds and products of any and all of the foregoing. The Obligors and the Administrative Agent, on behalf of the Lenders, hereby acknowledge and agree that the security interest interests created hereby in the Collateral (i) constitutes constitute continuing collateral security for all of the Secured Obligations, whether now existing or hereafter arising and (ii) is not to be construed as an assignment of any Trademarks or Trademark Licensesarising.
Appears in 1 contract
Grant of Security Interest in the Collateral. To secure the prompt payment and performance in full when due, whether by lapse of time, acceleration or otherwise, of the Secured Obligations, each Obligor hereby grants to the Collateral Agent, for the benefit of the Lenders, a continuing security interest in, and a right to set off against, any and all right, title and interest of such Obligor in and to the following, whether now owned or existing or owned, acquired, or arising hereafter (collectively, the "Collateral"):
(a) all Accounts;
(b) all Chattel PaperInventory;
(c) all Deposit Accounts, General Intangibles, Chattel Paper, Documents, and Instruments to the extent arising out of or resulting from the sale or lease of inventory or the rendering of services by Debtor;
(d) all Documents;rights to receive payments under the Factoring Agreements; and
(e) all General Intangibles;
(f) all Instruments;
(g) all Inventory;
(h) all Trademarks;
(i) all Trademark Licenses;
(j) all books, records, ledger cards, files, correspondence, computer programs, tapes, disks, and related data processing software (owned by such Obligor or in which it has an interest) that at any time evidence or contain information relating to any Collateral or are otherwise necessary or helpful in the collection thereof or realization thereupon;
(k) all contract rights under the Factoring Agreements; and
(lf) to the extent not otherwise included, all Proceeds and products of any and all of the foregoing. The Obligors and the AgentAgents, on behalf of the Lenders, hereby acknowledge and agree that the security interest created hereby in the Collateral (i) constitutes continuing collateral security for all of the Secured Obligations, whether now existing or hereafter arising and (ii) is not to be construed as an assignment of any Trademarks or Trademark Licensesarising.
Appears in 1 contract
Sources: Credit Agreement (Delta Woodside Industries Inc /Sc/)
Grant of Security Interest in the Collateral. To secure the prompt payment and performance in full when due, whether by lapse of time, acceleration or otherwise, of the Secured Obligations, each Obligor hereby grants to the Agent, for the benefit of the Lenders, a continuing security interest in, and a right to set off against, any and all right, title and interest of such Obligor in and to the following, whether now owned or existing or owned, acquired, or arising hereafter (collectively, the "Collateral"):
(a) all Accounts;
(b) all Chattel PaperInventory;
(c) all Deposit AccountsTrademarks;
(d) all Documents;
(e) all General Intangibles;
(f) all Instruments;
(g) all Inventory;
(h) all Trademarks;
(i) all Trademark Licenses;
(je) all actions of infringement, including the rights to sue ▇▇▇ and to recover and retain all damages and profits arising from past infringements concerning any Trademarks or Trademark Licenses;
(f) all books, records, ledger cards, files, correspondence, computer programs, tapes, disks, and related data processing software (owned by such Obligor or in which (i) it has an interestinterest and (ii) a security interest may be granted) that at any time evidence or contain information relating to any Collateral or are otherwise necessary or helpful in the collection thereof or realization thereupon;
(kg) all contract rights under Subsidiary Assets;
(h) all cash and Cash Equivalents maintained on deposit with the Factoring AgreementsAgent; and
(li) to the extent not otherwise included, all Proceeds and products of any and all of the foregoing. The Obligors and the Agent, on behalf of the Lenders, hereby acknowledge and agree that the security interest created hereby in the Collateral (i) constitutes continuing collateral security for all of the Secured Obligations, whether now existing or hereafter arising and (ii) is not to be construed as an assignment of any Trademarks or Trademark Licenses.
Appears in 1 contract
Grant of Security Interest in the Collateral. To secure the prompt payment and performance in full when due, whether by lapse of time, acceleration or otherwise, of the Secured Obligations, each Obligor hereby grants to the Collateral Agent, for the ratable benefit of the LendersSecured Parties, a continuing security interest in, and a right to set off against, any and all right, title and interest of such Obligor in and to the following, whether now owned or existing or owned, acquired, or arising hereafter (collectively, the "Collateral"):
(a) all Accounts;
(b) all Chattel PaperInventory;
(c) all Deposit Accounts;
(d) all Documents;
(e) all General Intangibles;
(f) all Instruments;
(g) all Inventory;
(h) all Trademarks;
(i) all Trademark Licenses;
(j) all books, records, ledger cards, files, correspondence, computer programs, tapes, disks, and related data processing software (owned by such Obligor or in which it has an interestto the extent of its interest therein) that at any time evidence or contain information relating to any Collateral or are otherwise necessary or helpful in the collection thereof or realization thereupon;
(k) all contract rights under the Factoring Agreements; and
(ld) to the extent not otherwise included, all Proceeds and products of any and all of the foregoing and, to the extent not included in the foregoing, all payments under any insurance (whether or not the Collateral Agent is the loss payee therefore), indemnity, warranty or guaranty with respect to any of the foregoing Collateral. The Obligors and the Collateral Agent, on behalf of the LendersSecured Parties, hereby acknowledge and agree that the security interest created hereby in the Collateral (i) constitutes continuing collateral security for all of the Secured Obligations, whether now existing or hereafter arising and (ii) is not to be construed as an assignment of any Trademarks or Trademark Licensesarising.
Appears in 1 contract
Grant of Security Interest in the Collateral. To Subject to Section 25 hereof, to secure the prompt payment and performance in full when due, whether by lapse of time, acceleration or otherwise, of the Secured Obligations, each Obligor hereby grants to the Collateral Agent, for the ratable benefit of the LendersSecured Parties, a continuing security interest in, and a right to set off against, any and all right, title and interest of such Obligor in and to the following, whether now owned or existing or owned, acquired, or arising hereafter (collectively, the "Collateral"):
(a) all Accounts;
(b) all Chattel PaperInventory;
(c) all Deposit Accounts;
(d) all Documents;
(e) all General Intangibles;
(f) all Instruments;
(g) all Inventory;
(h) all Trademarks;
(i) all Trademark Licenses;
(j) all books, records, ledger cards, files, correspondence, computer programs, tapes, disks, and related data processing software (owned by such Obligor or in which it has an interestto the extent of its interest therein) that at any time evidence or contain information relating to any Collateral or are otherwise necessary or helpful in the collection thereof or realization thereupon;
(k) all contract rights under the Factoring Agreements; and
(ld) to the extent not otherwise included, all Proceeds and products of any and all of the foregoing and, to the extent not included in the foregoing, all payments under any insurance (whether or not the Collateral Agent is the loss payee therefore), indemnity, warranty or guaranty with respect to any of the foregoing Collateral. The Obligors and the Collateral Agent, on behalf of the LendersSecured Parties, hereby acknowledge and agree that the security interest created hereby in the Collateral (i) constitutes continuing collateral security for all of the Secured Obligations, whether now existing or hereafter arising and (ii) is not to be construed as an assignment of any Trademarks or Trademark Licensesarising.
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