Release of Pledged Stock in FCMC; Release of Real Estate and Certain Cash Collateral Sample Clauses

Release of Pledged Stock in FCMC; Release of Real Estate and Certain Cash Collateral. As of the date hereof, in exchange for (i) the delivery to the Administrative Agent under the Legacy Credit Agreement of $4,000,000 in cash at closing, (ii) the payment by FCMC to Seller of $643,671.20 (an amount equal to servicing fees paid for August 2010 under the Servicing Agreement, which may be paid from the proceeds received from the Stonecrest litigation, and if paid from other resources, such amount shall be released to FCMC from the secured collateral account, and further, all servicing fees for August 2010 in excess of such amount, if any, are hereby waived in full by FCMC), (iii) the execution and delivery of a waiver by FCMC of any servicing fees due for September 2010 under the Servicing Agreement in respect of the assets sold in the Loan Sale, and (iv) the execution and delivery of the Deferred Payment Agreement (as defined below), Huntington, as Administrative Agent, with the prior written consent provided by the Required Lenders under the Legacy Credit Agreement, hereby releases from the operation of the pledge and security interest granted to it under certain loan documents executed in connection with the Legacy Credit Agreement, 70% of the capital stock in FCMC and all distributions made in connection therewith. In addition, Huntington, as Administrative Agent, as of the date hereof, with the prior written consent provided by the Required Lenders under the Legacy Credit Agreement, shall release from the operation of certain mortgages granted to the Administrative Agent under the Legacy Credit Agreement on property owned by FCMC commonly known as (i) Xxxx 0, 0 Xxxxxxxx Xxxxxx, New York, New York, and (ii) 000 Xxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx (collectively, the “FCMC Real Estate”) in exchange for the delivery of an additional $1,000,000 in cash paid at closing. Such releases shall be evidenced by certain Releases of Mortgage in the form attached as Exhibit 3-1. To fulfill the condition in clause (ii) of the first paragraph of this Section 3, as of the date hereof, each of FCMC and Holding hereby irrevocably authorizes and directs Huntington as Administrative Agent, to the extent it has not received $643,671.20, to debit FCMC’s securities account or deposit account at Huntington, ending in the numbers 3486 in such amount, and to apply such cash or cash equivalents as proceeds of collateral received pursuant to the terms of the Legacy Loans Credit Agreement. To fulfill the condition in clause (iii) of the first paragraph of this Section 3, ...
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Related to Release of Pledged Stock in FCMC; Release of Real Estate and Certain Cash Collateral

  • Release of Pledged Collateral The Administrative Agent may release any of the Pledged Collateral from this Pledge Agreement or may substitute any of the Pledged Collateral for other Pledged Collateral without altering, varying or diminishing in any way the force, effect, lien, pledge or security interest of this Pledge Agreement as to any Pledged Collateral not expressly released or substituted, and this Pledge Agreement shall continue as a first priority lien on all Pledged Collateral not expressly released or substituted.

  • Release of Pledge 3.1 After the Pledgors and the Company fully and completely perform all of the Contractual Obligations and discharge all of the Secured Liabilities, the Pledgee shall, upon the Pledgors’ request, release the Equity Pledge under this Agreement and cooperate with the Pledgors to cancel the registration of the Equity Pledge on the Company’s register of shareholders and with the administration of industry and commerce in charge of the Company. The Pledgee shall assume the reasonable expenses arising out of the release of the Equity Pledge.

  • Transfer Upon Realization of Pledged, Mortgaged or Charged Escrow Securities (1) You may transfer within escrow to a financial institution the escrow securities you have pledged, mortgaged or charged under section 4.2 to that financial institution as collateral for a loan on realization of the loan.

  • Cash Collateral Pledge Upon (i) the request of the Agent, (A) if the Issuing Lender has honored any full or partial drawing request on any Letter of Credit and such drawing has resulted in an L/C Borrowing hereunder, or (B) if, as of the Revolving Termination Date, any Letters of Credit may for any reason remain outstanding and partially or wholly undrawn, or (ii) the occurrence of the circumstances described in subsection 2.7(a) requiring the Company to Cash Collateralize Letters of Credit, then, the Company shall immediately Cash Collateralize the Obligations in an amount equal to the L/C Obligations.

  • Release of Collateral Subject to Section 11.01 and the terms of the Basic Documents, the Indenture Trustee shall release property from the lien of this Indenture only upon receipt by it of an Issuer Request accompanied by an Officer’s Certificate, an Opinion of Counsel and Independent Certificates in accordance with TIA Sections 314(c) and 314(d)(1) or an Opinion of Counsel in lieu of such Independent Certificates to the effect that the TIA does not require any such Independent Certificates.

  • Certain Post-Closing Obligations As promptly as practicable, and in any event within the time periods after the Effective Date specified in Schedule 5.14 or such later date as the Administrative Agent reasonably agrees to in writing, including to reasonably accommodate circumstances unforeseen on the Effective Date, Holdings, the Parent Borrower and each other Loan Party shall deliver the documents or take the actions specified on Schedule 5.14 that would have been required to be delivered or taken on the Effective Date but for the proviso to Section 4.01(f), in each case except to the extent otherwise agreed by the Administrative Agent pursuant to its authority as set forth in the definition of the term “Collateral and Guarantee Requirement”.

  • Termination of Security Interests; Release of Collateral Upon payment in full of all Secured Obligations, the Security Interests shall terminate and all rights to the Collateral shall revert to Debtor. Upon such termination of the Security Interest or release of any Collateral, the Secured Party will, at the expense of Debtor, execute and deliver to Debtor such documents as Debtor shall reasonably request to evidence the termination of the Security Interest or the release of such Collateral, as the case may be.

  • Certain Sales of Pledged Collateral (a) Each Pledgor recognizes that, by reason of certain prohibitions contained in law, rules, regulations or orders of any Governmental Authority, the Collateral Agent may be compelled, with respect to any sale of all or any part of the Pledged Collateral, to limit purchasers to those who meet the requirements of such Governmental Authority. Each Pledgor acknowledges that any such sales may be at prices and on terms less favorable to the Collateral Agent than those obtainable through a public sale without such restrictions, and, notwithstanding such circumstances, agrees that any such restricted sale shall be deemed to have been made in a commercially reasonable manner and that, except as may be required by applicable law, the Collateral Agent shall have no obligation to engage in public sales.

  • Money Back Guarantee If we provide a money back guarantee ("MBG") for your Service, it will begin on your Service Ready Date. During this MBG period you may cancel your Service and receive a full refund of all monthly, one-time and equipment charges paid to Verizon (provided you return all Equipment in good working condition). If you fail to return the Equipment, an unreturned Equipment fee will apply. ETFs will not apply to Service terminated within the MBG period. The MBG does not apply to customers who change between or renew bundle, monthly, term or other pricing plans. The MBG is limited to one per Subscriber per Service type per Service address.

  • Release of Collateral, etc Any release, surrender, exchange, subordination, deterioration, waste, loss or impairment (including without limitation negligent, willful, unreasonable or unjustifiable impairment) of any collateral, property or security, at any time existing in connection with, or assuring or securing payment of, all or any part of the Liabilities;

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