Common use of Indebtedness Secured Clause in Contracts

Indebtedness Secured. The Security Interest secures payment of any and all Indebtedness and the performance of all obligations and agreements of any one or more of the Borrowers to Agent or any Lender under this Agreement or any other Transaction Documents, whether now existing or hereafter incurred or arising, of every kind and character, primary or secondary, direct or indirect, absolute or contingent, sole, joint or several, and whether such Indebtedness is from time to time reduced and thereafter increased, or entirely extinguished and thereafter reincurred, including, without limitation: (a) all Advances under the Revolving Line of Credit, the Revolving Note, the Swingline Note and any Letters of Credit, including Reimbursement Obligations; (b) all amounts owed under the Term Loan; (c) all interest which accrues on any Indebtedness, until payment of such Indebtedness in full, including, without limitation, all interest provided for under this Agreement or any other Transaction Documents; (d) all other monies payable by Borrowers, and all obligations and agreements of Borrowers to Lenders, pursuant to the Transaction Documents; (e) all Product Obligations, other than Excluded Hedge Obligations; and (f) all monies payable by any Third Party, and all obligations and agreements of any Third Party to the Agent or any Lender, pursuant to any of the Transaction Documents.

Indebtedness Secured. The Security Interest secures payment of any and all Indebtedness indebtedness, and the performance of all obligations and agreements agreements, of any one or more of the Borrowers Debtor to Agent or any Lender under this Agreement or any other Transaction DocumentsSecured Party, whether now existing or hereafter incurred or arising, of every kind and character, primary or secondary, direct or indirect, absolute or contingent, sole, joint or several, and whether such Indebtedness indebtedness is from time to time reduced and thereafter increased, or entirely extinguished and thereafter reincurred, including, without limitation: (a) all Advances under the Revolving Line of Credit, the Revolving Note, the Swingline Note and any Letters of Credit, including Reimbursement ObligationsAdvances; (b) all amounts owed under the Term Loan; (c) all interest which accrues on any Indebtednesssuch indebtedness, until payment of such Indebtedness indebtedness in full, including, without limitation, all interest provided for under this Agreement or any other Transaction DocumentsAgreement; (dc) all other monies payable by BorrowersDebtor, and all obligations and agreements of Borrowers Debtor to LendersSecured Party, pursuant to the Transaction Documents; (ed) all Product Obligationsdebts owed, other than Excluded Hedge Obligationsor to be owed, by Debtor to others which Secured Party has obtained, or may obtain, by assignment or otherwise; and (fe) all monies payable by any Third Party, and all obligations and agreements of any Third Party to the Agent or any LenderSecured Party, pursuant to any of the Transaction Documents; (f) all monies due, and to become due, pursuant to Section 7.3; and (g) all obligations arising under that certain unlimited continuing guaranty of Debtor to Secured Party dated July 27, 20000, wherein Debtor unconditionally guaranteed the full and prompt payment to Secured Party when due, whether by acceleration or otherwise, of any and all indebtedness (as defined in such guaranty) of Continental Systems to Secured Party, as such guaranty may be modified, reaffirmed or otherwise amended from time to time; and (h) the obligations of Continental Systems in favor of Secured Party under the Master Agreement. 5. A new SECTION 5 shall be added to the Agreement, and shall be read in its entirety as follows:

Indebtedness Secured. The Security Interest secures payment of any and all Indebtedness indebtedness, and the performance of all obligations and agreements agreements, of any one or more of the Borrowers Pledgor to Agent or any Lender under this Agreement or any other Transaction DocumentsSecured Party ("Indebtedness"), whether now existing or hereafter incurred or arising, of every kind and character, primary or secondary, direct or indirect, absolute or contingent, sole, joint or several, 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 non-negotiable instrument or other writing, whether such Indebtedness is contracted by Pledgor alone or jointly and severally with another or others, and whether such Indebtedness is from time to time reduced and thereafter increased, or entirely extinguished and thereafter reincurred, including, without limitation: (a) all Advances under Indebtedness arising in connection with that certain Term Note between Debtor and Secured Party dated the Revolving Line of Credit, date hereof (the Revolving "Note, the Swingline Note and any Letters of Credit, including Reimbursement Obligations"); (b) all amounts owed under the Term Loan; (c) 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 Transaction Documentsthe Note; (dc) all other monies payable by BorrowersPledgor, and all obligations and agreements of Borrowers Pledgor to LendersSecured Party, pursuant to any other documents or agreements executed by Pledgor in connection with or with or relating to the Note ("Transaction Documents"); (ed) all Product Obligations, other than Excluded Hedge Obligations; and (f) all monies fees payable by any Third Party, and all obligations and agreements of any Third Party Pledgor pursuant to the Agent Note or any Lender, pursuant to any of the Transaction Documents; and (e) all extensions, renewals and replacements of all of the foregoing.

Indebtedness Secured. The Security Interest secures payment of any and all Indebtedness indebtedness, and the performance of all obligations and agreements agreements, of any one or more of the Borrowers Debtor to Agent or any Lender under this Agreement or any other Transaction DocumentsSecured Party ("Indebtedness"), whether now existing or hereafter incurred or arising, of every kind and character, primary or secondary, direct or indirect, absolute or contingent, sole, joint or several, 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 and severally with another or others, and whether such Indebtedness is from time to time reduced and thereafter increased, or entirely extinguished and thereafter reincurred, including, without limitation: (a) all Advances under Indebtedness arising in connection with that certain Term Note between Debtor and Secured Party, dated the Revolving Line of Credit, the Revolving date hereof ("Term Note, the Swingline Note and any Letters of Credit, including Reimbursement Obligations"); (b) all amounts owed under the Term Loan; (c) 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 Transaction Documentsthe Term Note; (dc) all other monies payable by BorrowersDebtor, and all obligations and agreements of Borrowers Debtor to LendersSecured Party, pursuant to any other documents or agreements executed by Debtor in connection with or relating to the Term Note ("Transaction Documents"); (d) all debts owed, or to be owed, by Debtor to others which Secured Party has obtained, or may obtain, by assignment or otherwise; (e) all Product Obligations, other than Excluded Hedge Obligations; and (f) all monies payable by any indorser, guarantor or any other party liable for, or whose assets or any interest therein secures, payment of any such Indebtedness ("Third Party"), and all obligations and agreements of any Third Party to the Agent or any LenderSecured Party, pursuant to any of the Transaction Documents; (f) all fees payable by Debtor or any Third Party pursuant to the Term Note or any of the Transaction Documents; and (g) all extensions, renewals and replacements of all of the foregoing.

Indebtedness Secured. The Security Interest secures payment of any and all Indebtedness Indebtedness, and the performance of all obligations and agreements agreements, of any one or more of the Borrowers Borrower to Agent or any Lender under this Agreement or any other Transaction DocumentsLenders, whether now existing or hereafter incurred or arising, of every kind and character, primary or secondary, direct or indirect, absolute or contingent, sole, joint or several, and whether such Indebtedness indebtedness is from time to time reduced and thereafter increased, or entirely extinguished and thereafter reincurred, including, without limitation: (a) all Advances under the Revolving Line of Credit, the Revolving Note, the Swingline Note and any Letters of Credit, including Reimbursement Obligations; (b) all amounts owed under the Term Loan; (c) all interest which accrues on any Indebtednesssuch indebtedness, until payment of such Indebtedness indebtedness in full, including, without limitation, all interest provided for under this Agreement or any other Transaction Documents; (dc) all other monies payable by BorrowersBorrower, and all obligations and agreements of Borrowers Borrower to Lenders, pursuant to the Transaction Documents; (ed) all Product Obligationsdebts owed, or to be owed, by Borrower to others which Lenders have obtained, or may obtain, by assignment or otherwise, including, without limitation, debts acquired by Lenders from its affiliates that arise either (i) from negative balances which may exist from time to time in any operating, deposit or other than Excluded Hedge Obligationsaccount maintained with such affiliate of Lenders, or (ii) under any credit card line of credit established by such affiliate of Lenders for Borrower; and (fe) all monies payable by any Third Party, and all obligations and agreements of any Third Party to the Agent or any LenderLenders, pursuant to any of the Transaction Documents; and (f) all monies due, and to become due, in any way under the Transaction Documents.

Indebtedness Secured. The Security Interest secures payment of any and all Indebtedness and the performance of all obligations and agreements of any one or more of the Borrowers Sundance to Agent or any Lender under this Agreement Joinder or any other Transaction Documents, whether now existing or hereafter incurred or arising, of every kind and character, primary or secondary, direct or indirect, absolute or contingent, sole, joint or several, and whether such Indebtedness is from time to time reduced and thereafter increased, or entirely extinguished and thereafter reincurred, including, without limitation: (a) all Advances under the Revolving Line of Credit, the Revolving Notes, and the Swingline Note, the Swingline Note and all Indebtedness under any Letters of Credit, including Reimbursement Obligations; (b) all amounts owed under the Term LoanLoan and the Term Notes; (c) all interest which accrues on any Indebtedness, until payment of such Indebtedness in full, including, without limitation, all interest provided for under this Agreement or any other Transaction Documents; (d) all other monies payable by BorrowersSundance, and all obligations and agreements of Borrowers Sundance to Lenders, pursuant to the Transaction Documents; (e) all Product Obligations, other than Excluded Hedge Obligations; and (f) all monies payable by any Third Party, and all obligations and agreements of any Third Party to the Agent or any Lender, pursuant to any of the Transaction Documents.

Indebtedness Secured. The Security Interest secures payment of any and all Indebtedness and the performance of all obligations and agreements agreements, of any one or more of the Borrowers Borrower to Agent or any Lender under this Agreement or any other Transaction DocumentsLender, whether now existing or hereafter incurred or arising, of every kind and character, primary or secondary, direct or indirect, absolute or contingent, sole, joint or several, and whether such Indebtedness indebtedness is from time to time reduced and thereafter increased, or entirely extinguished and thereafter reincurred, including, without limitation: (a) all Advances under the Revolving Line of CreditFacilities, the Revolving NoteNotes, the Swingline Note and any Letters of Credit, including Reimbursement Obligations; (b) all amounts owed under the Term Loan; (c) all interest which accrues on any Indebtedness, until payment of such Indebtedness indebtedness in full, including, without limitation, all interest provided for under this Agreement or any other Transaction Documents; (dc) all other monies payable by BorrowersBorrower, and all obligations and agreements of Borrowers Borrower to LendersLender, pursuant to the Transaction DocumentsDocuments (including any interest rate swap obligations); (ed) all Product Obligationsdebts 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 any of their Affiliates that arise either (i) from negative balances which may exist from time to time in any operating, deposit or other than Excluded Hedge Obligationsaccount maintained with such Affiliate of Lender, or (ii) under any credit card line of credit established by such Affiliate of Lender for Borrower; and (fe) all monies payable by any Third Party, and all obligations and agreements of any Third Party to the Agent or any Lender, pursuant to any of the Transaction Documents.

Indebtedness Secured. The Security Interest secures payment of any and all Indebtedness and the performance of all obligations and agreements of any one or more of the Borrowers to Agent or any Lender under this Agreement or any other Transaction Documents, or with respect to Product Obligations, any agreement, instrument or other document entered into in connection therewith, in each case, whether now existing or hereafter incurred or arising, of every kind and character, primary or secondary, direct or indirect, absolute or contingent, sole, joint or several, and whether such Indebtedness is from time to time reduced and thereafter increased, or entirely extinguished and thereafter reincurred, including, without limitation: (a) all Advances under the Revolving Line of Credit, the Revolving Note, the Swingline Note and any Letters of Credit, including Reimbursement Obligations; (b) all amounts owed under the Term LoanLoans; (c) all interest which accrues on any Indebtedness, until payment of such Indebtedness in full, including, without limitation, all interest provided for under this Agreement or any other Transaction Documents; (d) all other monies payable by Borrowers, and all obligations and agreements of Borrowers to Lenders, pursuant to the Transaction Documents; (e) all Product Obligations, other than Excluded Hedge Obligations; and (f) all monies payable by any Third Party, and all obligations and agreements of any Third Party to the Agent or any Lender, pursuant to any of the Transaction Documents.

Indebtedness Secured. The Security Interest secures payment of any and all Indebtedness indebtedness, and the performance of all obligations and agreements agreements, of any one or more of the Borrowers Debtor to Agent or any Lender under this Agreement or any other Transaction DocumentsSecured Party, whether now existing or hereafter incurred or arising, of every kind and character, primary or secondary, direct or indirect, absolute or contingent, sole, joint or several, and whether such Indebtedness indebtedness is from time to time reduced and thereafter increased, or entirely extinguished and thereafter reincurred, including, without limitation: (a) all Advances under the Revolving Line of Credit, the Revolving Note, the Swingline Note and any Letters of Credit, including Reimbursement ObligationsAdvances; (b) all amounts owed under the Term Loan; (c) all interest which accrues on any Indebtednesssuch indebtedness, until payment of such Indebtedness indebtedness in full, including, without limitation, all interest provided for under this Agreement or any other Transaction DocumentsAgreement; (dc) all other monies payable by BorrowersDebtor, and all obligations and agreements of Borrowers Debtor to LendersSecured Party, pursuant to the Transaction Documents; (ed) all Product Obligationsdebts owed, other than Excluded Hedge Obligationsor to be owed, by Debtor to others which Secured Party has obtained, or may obtain, by assignment or otherwise; and (fe) all monies payable by any Third Party, and all obligations and agreements of any Third Party to the Agent or any LenderSecured Party, pursuant to any of the Transaction Documents; and (f) all monies due, and to become due, pursuant to Section 7.3; and (g) all obligations arising under that certain unlimited continuing guaranty of Debtor to Secured Party dated July 27, 2000, as reaffirmed from time to time, wherein Debtor unconditionally guaranteed the full and prompt payment to Secured Party when due, whether by acceleration or otherwise, of any and all indebtedness (as defined in such guaranty) of Continental to Secured Party, as such guaranty may be reaffirmed, modified, amended and/or restated from time to time.