Common use of Indebtedness Secured Clause in Contracts

Indebtedness Secured. 2.1 This Deed of Trust is executed and delivered by Grantor to secure and enforce the following (the “Obligations”): all of the liabilities and obligations (primary, secondary, direct, contingent, sole, joint or several) due or to become due, or that are now or may be hereafter contracted or acquired, or owing, of Grantor to Beneficiary under this Deed of Trust, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith, in each case, whether now or hereafter existing, voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or not from time to time decreased or extinguished and later increased, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from the Beneficiary as a preference, fraudulent transfer or otherwise as such obligations may be amended, supplemented, converted, extended or modified from time to time. Without limiting the generality of the foregoing, the term “Obligations” shall include, without limitation: (i) principal of, and interest on, the Notes and the Loans (including any interest that accrues after the commencement of any proceeding commenced by or against any Person under any provision of title 11 of the United States Code, as in effect from time to time, or under any other state or federal bankruptcy or insolvency law, assignments for the benefit of creditors, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement or other similar relief (an “Insolvency Proceeding”) regardless of whether allowed or allowable in whole or in part as a claim in such Insolvency Proceeding); (ii) any and all other fees, legal fees and other expenses, indemnities, costs, obligations and liabilities of Grantor from time to time under or in connection with this Deed of Trust, the Notes, the Purchase Agreement, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith; (iii) payment of the Major Transaction Prepayment Price (as defined in the Notes), and (iv) all amounts in respect of the foregoing that would be payable but for the fact that the obligations to pay such amounts are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving Grantor. Any reference in this Deed of Trust or in the Transaction Documents to the Obligations shall include all or any portion thereof and any extensions, modifications, renewals or alterations thereof, both prior and subsequent to any Insolvency Proceeding.

Indebtedness Secured. 2.1 This Deed The Security Interest secures payment of Trust is executed any and delivered by Grantor to secure all Debt, and enforce the following (the “Obligations”): performance of all of the liabilities obligations and obligations (primary, secondary, direct, contingent, sole, joint or several) due or to become due, or that are now or may be hereafter contracted or acquired, or owingagreements, of Grantor Cayman Distributor, Borrower and each Loan Party to Beneficiary the Agent and Lenders and L/C Issuer under this Deed of Trust, the Guaranty, Agreement and the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith, in each case, Loan Documents whether now existing or hereafter existingincurred or arising, voluntary of every kind and character, primary or involuntarysecondary, direct or indirect, absolute or contingent, liquidated sole, joint or unliquidatedseveral, whether determined to be void or not jointly owed with others, voidable and whether or not such Indebtedness is from time to time decreased reduced and thereafter increased, or entirely extinguished and later increasedthereafter reincurred, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from the Beneficiary as a preference, fraudulent transfer or otherwise as such obligations may be amended, supplemented, converted, extended or modified from time to time. Without limiting the generality of the foregoing, the term “Obligations” shall includeincluding, without limitation: (ia) principal ofall Advances; (b) all obligations of Borrower or any Loan Party arising with respect to any Letters of Credit, and interest on, the Notes and the Loans (including any reimbursement obligation for draws made under Letters of Credit issued by the L/C Issuer; (c) all interest that which accrues on any such Indebtedness, until payment of such Indebtedness in full, including, without limitation, all interest provided for under this Agreement and any interest accruing after the commencement of any a bankruptcy proceeding commenced by or against Borrower or any Person Loan Party; (d) all other monies payable by Borrower and any Loan Party, and all obligations and agreements of Borrower and the Loan Parties to the Agent and the Lenders, pursuant to the Loan Documents; (e) all obligations to Agent, any Lender or any Related Party thereof under any provision of title 11 Hedging Agreement permitted to be incurred by Borrower under this Agreement; (f) all monies due, and to become due, pursuant to Sections 8.3 and 8.4; (g) the guaranty of the United States Code, as in effect from time to time, or under any other state or federal bankruptcy or insolvency law, assignments for Indebtedness by the benefit of creditors, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement or other similar relief (an “Insolvency Proceeding”) regardless of whether allowed or allowable in whole or in part as a claim in such Insolvency Proceeding); (ii) any Parent and all other fees, legal fees and other expenses, indemnities, costs, obligations and liabilities of Grantor from time to time under or in connection with this Deed of Trust, the Notes, the Purchase Agreement, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith; (iii) payment of the Major Transaction Prepayment Price (as defined Subsidiary Loan Parties contained in the Notes), Guarantee Agreement; and (ivh) all amounts in respect of the foregoing that would be payable but for the fact that the obligations to pay such amounts are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving Grantor. Any reference in this Deed of Trust or in the Transaction Documents to the Obligations shall include all or any portion thereof and any extensions, modifications, renewals or alterations thereof, both prior and subsequent to any Insolvency ProceedingBank Product Obligations.

Indebtedness Secured. 2.1 This Deed The Security Interest secures payment of Trust is executed any and delivered by Grantor all Indebtedness (as hereinafter defined) of Debtor or any Borrower or any Guarantor to secure the Agents, Lenders or L/C Issuers, or any of them. As used in this Security Agreement, "Indebtedness" shall mean any and enforce the following (the “Obligations”): all of the obligations, liabilities and indebtedness, and performance of all obligations (primary, secondary, direct, contingent, sole, joint or several) due or to become due, or that are now or may be hereafter contracted or acquired, or owingand agreements, of Grantor Debtor, Borrowers and Guarantors to Beneficiary the Agents, Lenders and L/C Issuers arising under this Deed of Trust, the Guaranty, Credit Agreement or under the other Transaction Loan Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith, in each case, whether now existing or hereafter existingincurred or arising, voluntary of every kind and character, primary or involuntarysecondary, direct or indirect, absolute or contingent, liquidated sole, joint or unliquidated, whether or not jointly owed with othersseveral, and whether or not such indebtedness is from time to time decreased reduced and thereafter increased, or entirely extinguished and later increasedthereafter reincurred, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from the Beneficiary as a preference, fraudulent transfer or otherwise as such obligations may be amended, supplemented, converted, extended or modified from time to time. Without limiting the generality of the foregoing, the term “Obligations” shall includeincluding, without limitation: (ia) principal ofall Advances; (b) all obligations arising out of any Lender's reimbursement of an L/C Issuer for draws made under Letters of Credit issued by an L/C Issuer, (c) all interest which accrues on any such indebtedness, until payment of such indebtedness in full, including, without limitation, all interest provided for under the Credit Agreement; (d) all other monies payable by any Borrower or Guarantor, and interest onall obligations and agreements of any Borrower or Guarantor to any of the Lenders, Agents, or L/C Issuers pursuant to any of the Notes Loan Documents; (e) all monies payable by any Obligor, and all obligations and agreements of any Obligor to any of the Loans Lenders, Agents or L/C Issuers, pursuant to any of the Loan Documents; (f) all monies due, and to become due, pursuant to Sections 7.3, 7.4. and 7.5 of the Credit Agreement; (g) all monies payable as herein provided; and (h) all liabilities (including any interest that accrues after the commencement of any proceeding commenced by or against any Person under any provision of title 11 of the United States Codeamounts charged to Debtor pursuant hereto), as in effect from time to timeobligations, fees, charges, or under costs (including, without limitation, any other state fees or federal bankruptcy or insolvency lawexpenses that, assignments for the benefit of creditors, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement or other similar relief (an “Insolvency Proceeding”) regardless of whether allowed or allowable in whole or in part as a claim in such Insolvency Proceeding); (ii) any and all other fees, legal fees and other expenses, indemnities, costs, obligations and liabilities of Grantor from time to time under or in connection with this Deed of Trust, the Notes, the Purchase Agreement, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith; (iii) payment of the Major Transaction Prepayment Price (as defined in the Notes), and (iv) all amounts in respect of the foregoing that would be payable but for the fact that provisions of the obligations Bankruptcy Code, would have accrued), guaranties, covenants and duties owing by Debtor to pay such amounts are unenforceable any of the Lenders, Agents, or not allowable due L/C Issuers of any kind and description pursuant to or evidenced by the existence of a bankruptcy, reorganization or similar proceeding involving Grantor. Any reference in this Deed of Trust or in the Transaction Documents to the Obligations shall include all Guaranty or any portion thereof and any extensions, modifications, renewals or alterations thereof, both prior and subsequent to any Insolvency Proceedingother Loan Document.

Indebtedness Secured. 2.1 This Deed The Security Interest granted in the Collateral secures payment of Trust is executed any and delivered by Grantor to secure all Indebtedness, and enforce the following (the “Obligations”): performance of all of the liabilities obligations and obligations (primary, secondary, direct, contingent, sole, joint or several) due or to become due, or that are now or may be hereafter contracted or acquired, or owingagreements, of Grantor Borrower to Beneficiary under this Deed of Trust, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith, in each caseLender, whether now existing or hereafter existingincurred or arising, voluntary of every kind and character, primary or involuntarysecondary, direct or indirect, absolute or contingent, liquidated sole, joint or unliquidated, whether or not jointly owed with othersseveral, and whether or not such Indebtedness is from time to time decreased reduced and thereafter increased, or entirely extinguished and later increasedthereafter reincurred, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from the Beneficiary as a preference, fraudulent transfer or otherwise as such obligations may be amended, supplemented, converted, extended or modified from time to time. Without limiting the generality of the foregoing, the term “Obligations” shall includeincluding, without limitation: (a) all Advances under the Credit Facility A and the Facility A Note; (b) all Advances under the Credit Facility B and the Facility B Note; all interest which accrues on any such indebtedness, until payment of such indebtedness in full, including, without limitation, all interest provided for under this Agreement or any other Loan Documents; (c) all other monies payable by Borrowers, and all obligations and agreements of Borrowers to Lender; (d) all debts owed, or to be owed, by Borrower to others which Lender has obtained, or may obtain, by assignment or otherwise, including, without limitation, debts acquired by Lender from its Affiliates that arise either (i) principal of, and interest on, the Notes and the Loans (including any interest that accrues after the commencement of any proceeding commenced by or against any Person under any provision of title 11 of the United States Code, as in effect from time to time, or under any other state or federal bankruptcy or insolvency law, assignments for the benefit of creditors, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement or other similar relief (an “Insolvency Proceeding”) regardless of whether allowed or allowable in whole or in part as a claim in such Insolvency Proceeding); (ii) any and all other fees, legal fees and other expenses, indemnities, costs, obligations and liabilities of Grantor negative balances which may exist from time to time in any operating, deposit or other account maintained with such Affiliate of Lender, or (ii) under or in connection with this Deed any credit card line of Trust, the Notes, the Purchase Agreement, the Guaranty, the other Transaction Documentscredit established by such Affiliate of Lender for Borrower; (e) all monies payable by any Third Party, and all obligations and agreements of any other instrumentsThird Party to Lender, agreements or other documents executed and/or delivered in connection herewith or therewith; (iii) payment pursuant to any of the Major Transaction Prepayment Price Loan Documents; and (as defined f) all monies due, and to become due, in any way under the Loan Documents; provided, that all references to "Indebtedness" in the Notes)Loan Documents shall, and (iv) all amounts in respect of the foregoing that would be payable but for the fact that the obligations to pay such amounts are unenforceable or not allowable due addition to the existence of a bankruptcyforegoing, reorganization or similar proceeding involving Grantor. Any reference in this Deed of Trust or in the Transaction Documents to the Obligations shall also include all present and future indebtedness, liabilities and obligations (and all renewals and extensions thereof or any portion thereof and part thereof) now or hereafter owed to Lender or any extensionsAffiliate of Lender arising from, modificationsby virtue of, renewals or alterations thereofpursuant to, both prior and subsequent to any Insolvency ProceedingFinancial Hedge entered into by Borrowers.

Indebtedness Secured. 2.1 This Deed The Security Interest secures payment of Trust is executed any and delivered by Grantor to secure all indebtedness, and enforce the following (the “Obligations”): performance of all of the liabilities obligations and obligations (primary, secondary, direct, contingent, sole, joint or several) due or to become due, or that are now or may be hereafter contracted or acquired, or owingagreements, of Grantor Debtor to Beneficiary under this Deed of Trust, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith, in each caseSecured Party ("Indebtedness"), whether now existing or hereafter existingincurred or arising, voluntary of every kind and character, primary or involuntarysecondary, direct or indirect, absolute or contingent, liquidated sole, joint or unliquidatedseveral, matured or unmatured, whether such Indebtedness was originally contracted with Secured Party or with another or others, whether or not such Indebtedness is evidenced by a negotiable or nonnegotiable instrument or other writing, whether such Indebtedness is contracted by Debtor alone or by Debtor jointly owed and severally with another or others, and whether or not such Indebtedness is from time to time decreased reduced and thereafter increased, or entirely extinguished and later increasedthereafter reincurred, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from the Beneficiary as a preference, fraudulent transfer or otherwise as such obligations may be amended, supplemented, converted, extended or modified from time to time. Without limiting the generality of the foregoing, the term “Obligations” shall includeincluding, without limitation: (ia) principal ofIndebtedness arising in connection with that certain Term Note between Debtor and Secured Party, and interest on, dated the Notes and the Loans date hereof (including any interest that accrues after the commencement of any proceeding commenced by or against any Person under any provision of title 11 of the United States Code, as in effect from time to time, or under any other state or federal bankruptcy or insolvency law, assignments for the benefit of creditors, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement or other similar relief (an “Insolvency Proceeding”) regardless of whether allowed or allowable in whole or in part as a claim in such Insolvency Proceeding"Term Note"); (iib) all interest which accrues on any such Indebtedness, until payment of such Indebtedness in full, including, without limitation, all interest provided for under the Term Note; (c) all other monies payable by Debtor, and all other fees, legal fees and other expenses, indemnities, costs, obligations and liabilities agreements of Grantor from time Debtor to time under Secured Party, pursuant to any other documents or agreements executed by Debtor in connection with this Deed of Trust, or relating to the Notes, the Purchase Agreement, the Guaranty, the other Term Note ("Transaction Documents"); (d) all debts owed, and or to be owed, by Debtor to others which Secured Party has obtained, or may obtain, by assignment or otherwise; (e) all monies payable by any indorser, guarantor or any other instrumentsparty liable for, agreements or other documents executed and/or delivered in connection herewith whose assets or therewith; (iii) any interest therein secures, payment of the Major Transaction Prepayment Price any such Indebtedness (as defined in the Notes"Third Party"), and all obligations and agreements of any Third Party to Secured Party, pursuant to any of the Transaction Documents; (ivf) all amounts in respect fees payable by Debtor or any Third Party pursuant to the Term Note or any of the foregoing that would be payable but for the fact that the obligations to pay such amounts are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving Grantor. Any reference in this Deed of Trust or in the Transaction Documents to the Obligations shall include Documents; and (g) all or any portion thereof and any extensions, modifications, renewals or alterations thereof, both prior and subsequent to any Insolvency Proceedingreplacements of all of the foregoing.