Secured Parties. Each Secured Party that is not a party to the Credit Agreement who obtains the benefit of this Agreement shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such Secured Party, the Administrative Agent and each of its Affiliates shall be entitled to all of the rights, benefits and immunities conferred under Article IX of the Credit Agreement.
Secured Parties. Collectively, the Administrative Agent, the Collateral --------------- Agent, the Lenders and the other agents and lenders parties to the Intercreditor Agreement.
Secured Parties. (a) The Security Documents shall be in favour of the Administrative Agent for the benefit of the Secured Parties.
Secured Parties. SECTION 3. This Representative Supplement may be executed in counterparts, each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Representative Supplement shall become effective when the Collateral Agent shall have received a counterpart of this Representative Supplement that bears the signature of the New Representative. Delivery of an executed signature page to this Representative Supplement by facsimile transmission shall be effective as delivery of a manually signed counterpart of this Representative Supplement.
Secured Parties. Agent and Lenders.
Secured Parties. Lessee may from time to time grant to certain lenders selected by Xxxxxx and its affiliates (the “Lenders”) a lien on and security interest in Xxxxxx’s interest in this Lease and all assets and personal property of Lessee located on the Leased Space (the “Personal Property”) as collateral security for the repayment of any indebtedness to the Lenders. Lessor hereby agrees to subordinate any security interest, lien, claim or other similar right, including, without limitation, rights of levy or distraint for rent, Lessor may have in or on the Personal Property, whether arising by agreement or by law, to the liens and/or security interests in favor of the Lenders, whether currently existing or arising in the future. Nothing contained herein shall be construed to xxxxx x xxxx upon or security interest in any of Lessor’s assets. Should Lender exercise any rights of Lessee under this Lease, including the right to exercise any renewal option(s) or purchase option(s) set forth in this Lease, Xxxxxx agrees to accept such exercise of rights by Xxxxxxx as if same had been exercised by Xxxxxx, and Lessor, by signing below, confirms its agreement with this provision. If there shall be a monetary default by Lessee under this Lease, Lessor shall accept the cure thereof by Lenders within fifteen (15) days after the expiration of any grace period provided to Lessee under this Lease to cure such default, prior to terminating the Lease. If there shall be a non-monetary default by Lessee under this Lease, Lessor shall accept the cure thereof by Lenders within thirty
Secured Parties. Each Secured Party that is not a party to the Credit Agreement who obtains the benefit of this Agreement shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such Secured Party, the Administrative Agent and each of its Affiliates shall be entitled to all of the rights, benefits and immunities conferred under Article IX of the Credit Agreement. Each of the parties hereto has caused a counterpart of this Agreement to be duly executed and delivered as of the date first above written. GRANTORS: TOPBUILD CORP., a Delaware Corporation By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Treasurer AMERICAN NATIONAL SERVICES, INC., a California corporation BUILDER SERVICES GROUP, INC., a Florida corporation COAST INSULATION CONTRACTORS, INC., a California corporation SERVICE PARTNERS, LLC, a Virginia limited liability company SUPERIOR CONTRACTING CORPORATION, a Delaware corporation TOPBUILD SERVICES GROUP CORP., a Delaware corporation TRUTEAM, LLC, a Delaware corporation By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Treasurer SECURITY AND PLEDGE AGREEMENT (TOPBUILD CORP.) Accepted and agreed to as of the date first above written. BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxxxx X XxXxxxxx Name: Xxxxxxx X XxXxxxxx Title: Vice President SECURITY AND PLEDGE AGREEMENT (TOPBUILD CORP.) EXHIBIT A [FORM OF] IRREVOCABLE STOCK POWER FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers to __________________ the following Equity Interests of [___________], a [_________] [corporation] [limited liability company]:
Secured Parties. Each Secured Party that is not a party to the Credit Agreement who obtains the benefit of this Agreement shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such Secured Party, the Administrative Agent and each of its Affiliates shall be entitled to all of the rights, benefits and immunities conferred under Article IX of the Credit Agreement. Each of the parties hereto has caused a counterpart of this Agreement to be duly executed and delivered as of the date first above written. GRANTORS: FREIGHTCAR AMERICA, INC. By: /s/ Xxxxxx X. XxXxxxx Name: Xxxxxx X. XxXxxxx Title: President and Chief Operating Officer FREIGHTCAR RAIL SERVICES, LLC By: /s/ Xxxxxx X. XxXxxxx Name: Xxxxxx X. XxXxxxx Title: Vice President of Finance, Chief Financial Officer and Treasurer FREIGHTCAR SHORT LINE, INC. By: /s/ Xxxxxx X. XxXxxxx Name: Xxxxxx X. XxXxxxx Title: Vice President of Finance, Chief Financial Officer and Treasurer FREIGHT CAR SERVICES, INC. By: /s/ Xxxxxx X. XxXxxxx Name: Xxxxxx X. XxXxxxx Title: Vice President of Finance, Chief Financial Officer and Treasurer FREIGHTCAR ROANOKE, LLC By: /s/ Xxxxxx X. XxXxxxx Name: Xxxxxx X. XxXxxxx Title: Vice President of Finance, Chief Financial Officer and Treasurer FREIGHTCAR ALABAMA, LLC By: /s/ Xxxxxx X. XxXxxxx Name: Xxxxxx X. XxXxxxx Title: Vice President of Finance, Chief Financial Officer and Treasurer JAC OPERATIONS INC. By: /s/ Xxxxxx X. XxXxxxx Name: Xxxxxx X. XxXxxxx Title: Vice President of Finance, Chief Financial Officer and Treasurer JOHNSTOWN AMERICA, LLC By: /s/ Xxxxxx X. XxXxxxx Name: Xxxxxx X. XxXxxxx Title: Vice President of Finance, Chief Financial Officer and Treasurer JAIX LEASING COMPANY By: /s/ Xxxxxx X. XxXxxxx Name: Xxxxxx X. XxXxxxx Title: Vice President of Finance, Chief Financial Officer and Treasurer Accepted and agreed to as of the date first above written. BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx
Secured Parties. Collectively, the Agents, the Lenders, the Issuing Banks, each co-agent or sub-agent appointed by the Administrative Agent from time to time pursuant to terms hereof, and the other Persons (including, without limitation, any Affiliate of any Lender) the Obligations owing to which are or are purported to be secured by the Collateral under the terms of the Security Documents.
Secured Parties. Each Noteholder.
