Common use of Obligations Hereby Secured Clause in Contracts

Obligations Hereby Secured. The lien and security interest herein granted and provided for is made and given to secure, and shall secure, the payment and performance of (a) any and all indebtedness, obligations and liabilities of whatsoever kind and nature of the Debtor to the Secured Party (whether arising before or after the filing of a petition in bankruptcy), whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced or acquired, and whether several, joint or joint and several, (b) any and all indebtedness, obligations and liabilities of whatsoever kind and nature of the Borrower to the Secured Party (whether arising before or after the filing of a petition in bankruptcy), whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced or acquired, and whether several, joint or joint and several and (c) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party in collecting or enforcing any of such indebtedness, obligations or liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing being hereinafter referred to as the "Obligations"). Notwithstanding anything herein to the contrary, the right of recovery hereunder against the Debtor with respect to the Obligations shall be limited to $1 less than the amount of the lowest claim hereunder against the Collateral which would render this Agreement void or voidable under applicable law.

Obligations Hereby Secured. The lien and security interest herein granted and provided for is made and given to secure, and shall secure, the payment and performance of (a) any and all indebtedness, obligations obligations, and liabilities of whatsoever kind and nature of the Debtor to the Secured Party (whether arising before or after the filing of a petition in bankruptcybankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations), whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced evidenced, or acquired, and whether several, joint or joint and several, and (b) any and all indebtedness, obligations and liabilities of whatsoever kind and nature of the Borrower to the Secured Party (whether arising before or after the filing of a petition in bankruptcy), whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced or acquired, and whether several, joint or joint and several and (c) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party in collecting or enforcing any of such indebtedness, obligations or liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing being hereinafter referred to collectively as the "“Obligations"”). Notwithstanding anything herein to the contraryforegoing, the right term “Obligations” shall not include, and the lien and security interest herein granted and provided for by Debtor does not secure, Excluded Swap Obligations. For purposes of recovery hereunder against the Debtor with respect to the Obligations shall be limited to $1 less than the amount of the lowest claim hereunder against the Collateral which would render this Agreement void or voidable under applicable law.Agreement:

Obligations Hereby Secured. The lien and security interest herein granted and provided for is made and given to secure, and shall secure, the payment and performance of (a) any and all indebtedness, obligations obligations, and liabilities of whatsoever kind and nature of the Debtor to the Secured Party or any affiliate of the Secured Party (whether arising before or after the filing of a petition in bankruptcybankruptcy and including, without limitation, interest which but for the filing of a petition in bankruptcy would accrue on such obligations), whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced evidenced, or acquired, and whether several, joint or joint and several, and (b) any and all indebtedness, obligations and liabilities of whatsoever kind and nature of the Borrower to the Secured Party (whether arising before or after the filing of a petition in bankruptcy), whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced or acquired, and whether several, joint or joint and several and (c) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party or any affiliate of the Secured Party in collecting or enforcing any of such indebtedness, obligations or liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing being hereinafter referred to collectively as the "“Obligations"”). Notwithstanding anything herein to the contraryforegoing, the right term “Obligations” shall not include, and the lien and security interest herein granted and provided for by Debtor does not secure, Excluded Swap Obligations. For purposes of recovery hereunder against the Debtor with respect to the Obligations shall be limited to $1 less than the amount of the lowest claim hereunder against the Collateral which would render this Agreement void or voidable under applicable law.Agreement:

Obligations Hereby Secured. The lien and security interest herein granted and provided for is made and given to secure, and shall secure, the payment and performance of (a) any and all indebtedness, obligations and liabilities of whatsoever kind and nature of the Debtor Borrower to the Secured Party (whether arising before or after including, without limitation, interest which but for the filing of a petition in bankruptcy), whether direct or indirect, absolute or contingent, due or bankruptcy with respect to become due, and whether now existing or hereafter arising and howsoever held, evidenced or acquired, and whether several, joint or joint and several, (b) any and all indebtedness, obligations and liabilities of whatsoever kind and nature of the Borrower to the Secured Party (whether arising before or after the filing of a petition in bankruptcywould accrue on such obligations), whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced or acquired, and whether several, joint or joint and several and (cb) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party in collecting or enforcing any of such indebtedness, obligations or liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing being hereinafter referred to as the "“Obligations"”). Notwithstanding anything herein in this Agreement to the contrary, (a) the right of recovery hereunder against the Debtor with respect to the Obligations under this Agreement shall be limited to not exceed $1 1.00 less than the lowest amount of the lowest claim hereunder against the Collateral which would render the Debtor’s obligations under this Agreement void or voidable under applicable law, including fraudulent conveyance law.

Obligations Hereby Secured. The lien and security interest herein granted and provided for This Agreement is made and given to secure, and shall secure, the prompt payment and performance when due of (ai) (A) any and all indebtedness, obligations and liabilities of whatsoever kind and nature of the Debtor Borrower to the Secured Party Creditors, and to any of them individually, under or in connection with or evidenced by the Credit Agreement, the Notes of the Borrower heretofore or hereafter issued under the Credit Agreement, the obligations of the Borrower to reimburse the Secured Creditors for the amount of all drawings on all Letters of Credit issued pursuant to the Credit Agreement and under or in connection with or evidenced by the Other Financing Documents and (B) any and all liability of the Pledgors, and of any of them individually, arising under any guaranty issued by it relating to the foregoing or any part thereof, in each case whether now existing or hereafter arising (and whether arising before or after the filing of a petition in bankruptcybankruptcy and including all interest accrued after the petition date), whether due or to become due, direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever heldevidenced, evidenced held or acquired, and whether several, joint or joint and several, (b) any and all indebtedness, obligations and liabilities of whatsoever kind and nature of the Borrower to the Secured Party (whether arising before or after the filing of a petition in bankruptcy), whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced or acquired, and whether several, joint or joint and several acquired and (cii) any and all expenses and charges, legal or otherwise, suffered or incurred by the Secured Party Creditors, and any of them individually, in collecting or enforcing any of such indebtedness, obligations or and liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing indebtedness, obligations, liabilities, expenses and charges described above being hereinafter referred to as the "ObligationsOBLIGATIONS"). Notwithstanding anything herein to the contrary, the right of recovery hereunder against the Debtor with respect to the Obligations shall be limited to $1 less than the amount of the lowest claim hereunder against the Collateral which would render this Agreement void or voidable under applicable law.

Obligations Hereby Secured. The lien and security interest herein granted and provided for herein is made and given to secure, and shall secure, the payment and performance of (a) any and all indebtedness, obligations and liabilities of whatsoever kind and nature of the Debtor Fund to the Secured Party (whether arising before or after pursuant to the filing of a petition in bankruptcy)Loan Authorization Agreement, whether direct or indirect, absolute or contingent, due or to become due, the Loan Documents and whether now existing or hereafter arising and howsoever held, evidenced or acquired, and whether several, joint or joint and several, (b) any and all indebtedness, obligations and liabilities of whatsoever kind and nature each of the Borrower to the Secured Party Guarantees (whether arising before or after the filing of a petition in bankruptcy), whether direct or indirect, absolute or contingent, due or to become due, and whether now existing or hereafter arising and howsoever held, evidenced or acquired, and whether several, joint or joint and several and (cb) any and all actual and documented expenses and charges, legal or otherwise, charges (including court costs and reasonable attorney fees) suffered or incurred by the Secured Party in collecting or enforcing any of such indebtedness, obligations or and liabilities or in realizing on or protecting or preserving any security therefor, including, without limitation, the lien and security interest granted hereby (all of the foregoing being hereinafter referred to as the "“Obligations"”). Notwithstanding anything herein to the contrary, the right of recovery The Pledgors’ obligations hereunder against the Debtor with respect to the Obligations shall be limited to $1 less than the amount of the lowest claim hereunder against the Collateral which would render this Agreement void or voidable under applicable laware joint and several.