SECURED. PARTY APPOINTED ATTORNEY-IN-FACT. Grantor hereby irrevocably appoints Secured Party as Grantor's attorney-in-fact, with full authority in the place and stead of Grantor and in the name of Grantor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including without limitation:
SECURED. There shall be property described as: (“Security”) that shall transfer to the possession and ownership of the Lender IMMEDIATELY pursuant to Section X(a) of this Agreement. The Security may not be sold or transferred without the Lender’s consent until the Due Date. If Borrower breaches this provision, Lender may declare all sums due under this Agreement immediately due and payable, unless prohibited by applicable law. The Lender shall have the sole-option to accept the Security as full-payment for the Borrowed Money without further liabilities or obligations. If the market value of the Security does not exceed the Borrowed Money, the Borrower shall remain liable for the balance due while accruing interest at the maximum rate allowed by law.
SECURED. PARTY APPOINTED ATTORNEY-IN-FACT. Pledgor hereby irrevocably appoints Secured Party as Pledgor's attorney-in-fact, with full authority in the place and stead of Pledgor and in the name of Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including filing one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of Pledgor; PROVIDED, that unless an Event of Default has occurred and is continuing, Secured Party may not (i) receive, endorse and collect any instruments made payable to Pledgor representing any dividend or other distribution in respect of the Pledged Collateral or any part thereof; or (ii) file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
SECURED. DEBTOR PARTY JURIS DATE FILE NO. COMMENTS Spartech Corporation Citicapital Commercial Corporation DE SOS 1/25/05 50263575 In Lieu of Continuation Filing — migrated: File No. 2337393, Filed 7/19/00, Filed with IN SOS; Collateral — Two Nissan Forklifts Model JC35LP S/N 9N2274 and 8N2266, together with all present and future attachments, accessories, replacement parts, additions and all cash and non-cash proceeds thereof. Spartech Corporation Citicapital Commercial Corporation DE SOS 1/25/05 50263757 In Lieu of Continuation Filing — migrated: File No. 20020660210, Filed 7/19/00, Filed with CA SOS; Collateral — Four Nissan Forklifts Model JC30LP S/N 9N2183, 9N2184, 9N2185 and 9N2186, together with all present and future attachments, accessories, replacement parts, additions and all cash and non-cash proceeds thereof. Spartech Corporation Citicapital Commercial Corporation DE SOS 1/25/05 50263849 In Lieu of Continuation Filing — migrated: File No. D675818, Filed 7/19/00, Filed with MI SOS; Collateral — One Nissan Forklift Model JC30 S/N 9N2180, together with all present and future attachments, accessories, replacement parts, additions and all cash and non-cash proceeds thereof. Spartech Corporation Citicapital Commercial Corporation DE SOS 1/25/05 50264367 In Lieu of Continuation Filing — migrated: File No. 488303; Filed 11/1/99, Filed with OR SOS; Collateral — One Nissan Forklift Model JC30LP S/N 9N2182, together with all present and future attachments, accessories, replacement parts, additions and all cash and non-cash proceeds thereof. Spartech Corporation Citicapital Commercial Corporation DE SOS 6/26/06 62255503 Amendment to above filing — add collateral — In Lieu of Continuation Filing — migrated: File No. 488303; Filed 11/1/99, Filed with OR SOS, File NO. 488303, Filed 10/11/04, Filed with OR SOS — continuation filing.
SECURED. The Credit Facility and the Notes issued pursuant to the Credit Facility shall be secured by the assets of Borrower pursuant to the Security Agreement between the Borrower and Lender and shall have priority over all other interests granted by Borrower, except as in existence on the date hereof in connection with lines of credit obtained by Borrower from institutional lenders acceptable to Lender.
SECURED. PARTY APPOINTED ATTORNEY-IN-FACT. Pledgor hereby irrevocably appoints Secured Party as Pledgor's attorney-in-fact, with full authority in the place and stead of Pledgor and in the name of Pledgor or otherwise, from time to time in Secured Party's discretion during any period in which an Event of Default is continuing, to take any action and to execute any instrument which Secured Party deems reasonably necessary or advisable to accomplish the purpose of this Agreement which appointment is, irrevocable and coupled with an interest.
SECURED. DEBTOR PARTY JURIS DATE FILE NO. COMMENTS Spartech Plastics, LLC Toyota Motor Credit Corporation DE SOS 4/1/08 20081138393 Amendment to above filing to restate collateral: One New 2008 Forklift Model # 8FGCU25 Serial # 18324; Five New 2008 Toyota Forklift Model # 8FGCU15 Serial # 12408, 12446, 12411, 12392, 12433. It is the intent of the parties that the transaction referenced herein constitutes a true lease. The secured party is the owner of the property. This filing is made as a precaution should the transaction be view as other than a true lease. Spartech Plastics, LLC Toyota Motor Credit Corporation — Assignor — Toyota Material Handling Midwest, Inc. DE SOS 6/4/08 20081999901 Six New Toyota Forklifts Model # 8FGCSU20 Serial # 12634, 12651 Model # 8FGCU15 Serial # 12648, 12665 Model # 8FGCU30 Serial # 11896, 11907 Spartech FCD, LLC NMHG Financial Services, Inc. DE SOS 4/11/06 61215250 In Lieu of Continuation Filing — migrated filing: Filed with MD SOS; File No. 0000000181250758; Filed 11/30/05; Collateral: All of the equipment now or hereafter leased by Lessor to Lessee; and all accessions, additions, replacements, and substitutions thereto and therefore; and all proceeds including insurance proceeds thereof. Spartech SPD, LLC Toyota Motor Credit Corporation DE SOS 11/11/06 63937570 Specific listing of forklifts and equipment; It is the intent of the parties that the transaction referenced therein constitutes a true lease. The party designated as the secured party is the owner of the property. This filing is made as a precaution should the transaction be view as other than a true lease. Spartech SPD, LLC Toyota Motor Credit Corporation DE SOS 11/20/06 64043543 Amendment to above filing to restate collateral. Specific listing of forklifts and equipment.
SECURED. OBLIGATIONS 3.1