Proceeds, Etc. Any and all Proceeds of the foregoing, whether cash or non-cash proceeds, and all increases, substitutions, replacements and/or additions to any or all of the foregoing. It is expressly understood and agreed that the foregoing grant and conveyance of a security interest in the Collateral is in confirmation of (and not replacement of) the grant and conveyance of a security interest in the Collateral which was previously made pursuant to or in accordance with the Existing Loan Agreement and the other Loan Documents; that the liens created by such prior grant and conveyance of a security interest in the Collateral remain in full force and effect; and that the grant of and conveyance of a security interest in the Collateral pursuant hereto shall be supplemental to such prior grant and conveyance. Notwithstanding the foregoing, the above described conveyance shall not be deemed to include the conveyance of (A) any Government Contract, Government Subcontract or Commercial Contract, which by its terms or applicable law may not be conveyed; it being understood, however, that in any such situation(s), the Agent’s security interest shall include (i) the entirety of each Borrower’s right, title and interest in and to all Receivables and all other Proceeds directly or indirectly arising from such Government Contract, Government Subcontract or Commercial Contract, and (ii) all other rights and interests which any Borrower may lawfully convey to the Agent with respect to such Government Contract, Government Subcontract or Commercial Contract; (B) any stock or other ownership interests of a Foreign Borrower in excess of sixty-five percent (65%) of all of the issued and outstanding stock or other ownership interests of such Foreign Borrower; (C) motor vehicles titled in the name of any Borrower; and (D) except as otherwise set forth in Section 3.1 of this Agreement with respect to leases, interests in real property owned by any Borrower.
Proceeds, Etc. The Security Interest shall extend to and include the proceeds of any Collateral and any property which the Debtor may receive on account of any Collateral.
Proceeds, Etc. Proceeds, and proceeds of hazard insurance and eminent domain or condemnation awards of all of the foregoing described properties or interests in properties, including all products of, and accessions to, such properties or interests in properties, and all cash or other property which were proceeds and are received by a bankruptcy trustee or otherwise as a preferential transfer to the Company.
Proceeds, Etc. Any and all Proceeds, whether cash or non-cash proceeds, and all increases, substitutions, replacements and/or additions to any or all of the foregoing. Notwithstanding the foregoing, the above described conveyance shall not be deemed to include the conveyance of (A) any Government Contract or other contractual agreement, which by its terms or applicable law may not be conveyed; it being understood, however, that in any such situation(s), the Administrative Agent’s security interest shall include (i) the entirety of each Borrower’s right, title and interest in and to all Receivables and all other Proceeds directly or indirectly arising from such Government Contract or other contractual agreement, and (ii) all other rights and interests which any Borrower may lawfully convey to the Administrative Agent; (B) any stock of a foreign corporation in excess of sixty-six percent (66%) of all of the issued and outstanding stock of such foreign corporation, or any other stock or equity interests owned by any Borrower (other than the stock specifically referenced in this Section above and other stock from time to time pledged as collateral for the Loan); (C) motor vehicles titled in the name of any Borrower; and (D) interests in real property owned by any Borrower.
Proceeds, Etc. With respect to each of the Consumer Loan Collateral and Related Rights, all accessions thereto, substitutions and replacements therefor, additions, renewals and replacements thereof, all proceeds and products from the sale, exchange, collection, foreclosure, liquidation or other disposition of any of the foregoing and from any such proceeds or products, and any proceeds of insurance related thereto.
Proceeds, Etc. Any and all cash and non-cash proceeds, increases, -------------- substitutions, replacements and/or additions to any or all of the foregoing. Notwithstanding the foregoing, the above described grant and conveyance shall not be deemed to include the grant or conveyance of any Government Contract, which by its terms or applicable law may not be conveyed; it being understood, however, that in any such situation(s), the Agent's security interest shall include (i) the entirety of each Borrower's right, title and interest in and to all accounts receivable and all other proceeds directly or indirectly arising from such Government Contract, and (ii) all other rights and interests which each Borrower may lawfully convey to the Agent.
Proceeds, Etc. All Proceeds of the Collateral, and proceeds of hazard insurance and eminent domain or condemnation awards of all of the foregoing described properties or interests in properties, including all products of, and accessions to, such properties or interests in properties. Plus, any and all deposits or other sums at any time credited by or due from Bank to Borrower and any and all instruments, documents, policies, and certificates of insurance, securities, goods, accounts receivable, choses in action, chattel paper, cash, property and the proceeds thereof (whether or not the same are Collateral or Proceeds thereof hereunder) owned by Borrower or in which Borrower has an interest, which are now or at any time hereafter in possession or control of Bank or in transit by mail or carrier to or from Bank or in possession of any third party acting on Bank's behalf, without regard to whether Bank received the same in pledge, for safekeeping, as agent for collection or transmission or otherwise, or whether Bank has conditionally released the same (excluding, nevertheless, any of the foregoing assets of Borrower which are now or at any time hereafter in possession or control of Bank under any written trust agreement wherein Bank is trustee and Borrower is trustor).
Proceeds, Etc. If there is an assignment or subletting of any kind, (a "TRANSFER"), then Tenant shall pay to Landlord forthwith upon Tenant's receipt thereof, as additional rent, all sums and other economic consideration (whether by lump sum payment or otherwise) received by Tenant in any month as a result of the Transfer whether denominated rentals or otherwise which exceed, in the aggregate, the Minimum Rent and Additional Rent which Tenant is obligated to pay Landlord under this Lease in the same month (prorated to reflect obligations allocable to that portion of the Premises which is the subject of the Transfer), all without affecting or reducing any other obligation of Tenant hereunder: provided that in the case of an assignment of this Lease such additional rent payment by Tenant to Landlord shall equal the entire consideration for such assignment. If Landlord gives Landlord's written consent to Transfer or if a Request Notice is given and such Transfer is not made within sixty (60) days thereafter, then Landlord's written consent to the Transfer shall be automatically null, void and of no force or effect whatsoever and/or another Request Notice must be sent. The right to terminate shall not be exhausted by any one exercise thereof by Landlord but shall be exercisable from time to time and as often as there is an applicable proposed Transfer. If after receipt of the Request-Notice Landlord requests additional or further information which Landlord reasonably requires to consider the proposed Transfer, Tenant shall promptly deliver such information to Landlord.
Proceeds, Etc. FemRx agrees that the proceeds of any sale, disposition or other realization upon all or any part of the Collateral may be applied by Lender to the payment of expenses incurred by Lender in connection with such sale, disposition or other realization, including, without limitation, reasonable attorneys' fees, and the balance of such proceeds may be applied by Lender in satisfaction of the Loan. Any excess of such proceeds above repayment of principle, interest and expenses shall be remitted to FemRx as soon as practicable after such sale, disposition or other realization; provided, however, if Lender shall terminate the Merger Agreement as described in the second last sentence of Section 9.02 thereof, Lender shall be entitled to deduct from such proceeds the amount specified therein (if not previously paid to Lender or its affiliate).
Proceeds, Etc. Unless and until an Event of Default shall have occurred and be continuing the Grantor shall be entitled to exercise any and all rights and powers under the Collateral or any part thereof for any purpose not inconsistent with the terms of this Agreement and the Amended Credit Agreement provided that such action would not adversely affect the rights inuring to the Agent or the Lenders under this Agreement or the Amended Credit Agreement or adversely affect the rights and remedies of the Agent or the Lenders under this Agreement or the Amended Credit Agreement or the ability of the Agent or the Lenders to exercise the same. Notwithstanding anything to the contrary contained herein, the Grantor shall be permitted to direct the sale of the Senior Notes being pledged hereunder, and the Agent shall direct the Broker shall have the power and authority under this Agreement to follow the instructions of a Responsible Officer of the Grantor regarding the sale of the Senior Notes pledged hereunder until such time as the Broker shall receive a notice from the Agent of the occurrence of an Event of Default. Notwithstanding the foregoing, the Grantor shall, immediately upon the receipt by it of the net proceeds of any such sale of Senior Notes pledged hereunder, make a capital contribution to the Borrowers in an amount equal to such net proceeds (such capital contribution to be applied to prepay the Loans in the manner described in Section 2.09 of the Amended Credit Agreement).
