Secured Creditor. All of the rights and remedies of a secured party under the Uniform Commercial Code of the State where such rights and remedies are asserted, or under other applicable law, all of which rights and remedies shall be cumulative, and none of which shall be exclusive, to the extent permitted by law, in addition to any other rights and remedies contained in this Agreement.
Secured Creditor. Each of the parties to this Agreement acknowledges and agrees that the Secretary of State shall, subject to clause 9.4 (Postponement), be a Secured Creditor in respect of all of its rights under clauses 9.1 (Reimbursement and indemnity) and 9.2 (Subrogation).
Secured Creditor. Each Funding 2 Secured Creditor agrees that any amounts due to the Eligible GIC Custodian or any agent, delegate or sub-delegate of the Eligible GIC Custodian shall be paid pro rata and pari passu with amounts due to the Funding 2 Account Bank in accordance with the Funding 2 Priority of Payments. Each Funding 2 Secured Creditor agrees to enter into an Accession Deed in order for the Eligible GIC Custodian to become a Funding 2 Secured Creditor.
Secured Creditor. Cash Tender Rights may be exercised by a secured creditor (provided that the secured creditor referenced in this Section 5.3 is an Institutional Lender) to whom a Holder has pledged Units of Partnership Interest even though such secured creditor does not become an assignee of such Holder pursuant to Section 5.1 of this Agreement, provided that such Holder grants to such secured creditor in a written instrument the right to exercise such Holder's Cash Tender Rights, provided, further, that the secured creditor provides the Company at the time it exercises any Cash Tender Rights on behalf of a Holder with such indemnifications and certifications as are reasonably satisfactory in form and in substance to the Company. The Company shall not be required in any way to determine the validity or sufficiency, whether in form or in substance, of any written instrument referred to in the preceding sentence, and it shall be sufficient if any writing purporting to be such instrument is delivered to the Company and purports on its face to be correct in form and signed or otherwise executed by such Holder. The Company may continue to rely on such written instrument until such time, if any, that it receives a written instrument from such secured creditor revoking the authority granted by the written instrument referred to in the first sentence of this Section 5.3.
Secured Creditor. Lenders shall have all the rights and remedies of a secured creditor as provided under the Massachusetts Uniform Commercial Code and any other applicable Uniform Commercial Codes, as set forth in the Notes and the Loan Agreement and as provided in this Security Agreement. Debtor represents and warrants that (i) Debtor has no place of business other than as set forth at the beginning of this Agreement or its sales office located at 00000 Xxxx Xxxxxxxx Xxxxx, Suite 255, San Diego, California 92127 and (ii) Debtor has used no other name in the operation of its business other than "Augment Systems." Debtor agrees that Debtor will neither (y) change its place of business or operate its business in any place other than that set forth at the beginning of this Security Agreement nor (z) change its name or use or operate under any other name, unless Debtor provides to Lenders notice thereof not less than ten (10) business days before any such change, operation or use.
Secured Creditor. The trustee, the beneficiary, or both under a deed of trust against the real property security; the mortgagee under a mortgage against the real property security; and any successor-in-interest of the trustee, beneficiary, or mortgagee under the deed of trust or mortgage. SENIOR SECURED CREDITOR. A Secured Creditor who is the named beneficiary, trustee, mortgagee, mortgage insurer, or mortgage guarantor of a mortgage or deed of trust, as applicable, which takes priority or precedence over any other liens or encumbrances securing any other Secured Creditor so that the liens or encumbrance of the Senior Secured Creditor must be satisfied before any other Secured Creditor is entitled to participate in the proceeds of any sale or other disposition of the Unit.
Secured Creditor. All of the rights and remedies of a secured party under the UCC of the State where such rights and remedies are asserted, or under other applicable law, all of which rights and remedies shall be cumulative, and none of which shall be exclusive, to the extent permitted by law, in addition to any other rights and remedies contained in this Agreement.
Secured Creditor. In the event LCI terminates this Agreement due to any one of the causes listed in Subsections 5.5 (a)-(g) above, Juno hereby acknowledges LCI's standing as a secured creditor with respect to that portion of the Commission Guarantee which has been paid out by LCI but not yet earned by Juno as of the date of termination. Juno further agrees to exert best efforts to secure LCI's standing as a secured creditor in the course of any proceeding related to any of the events listed in Subsections 5.5 (a)-(g).
Secured Creditor. As defined in each of the Existing Credit Agreement and the Term Credit Agreement.
Secured Creditor. Other than Permitted Encumbrances, First Union Commercial Credit Corporation holds the only Lien on the Purchased Assets, which Lien shall be released at Closing. The Seller, CD&L and the Purchaser agree to provide First Union with all agreements and documents reasonably requested by First Union to effect this transaction and to release such Lien. At the Closing, the Seller shall provide the Purchaser with evidence of the release of such Lien.
