Security Agreement and Financing Statement. This Mortgage (a) creates a security interest in the Personalty, and, to the extent the Personalty is not real property, this Mortgage constitutes a security agreement from Mortgagor to Beneficiary under the Uniform Commercial Code of the State, and(b) creates a security interest in favor of Beneficiary for all sums at any time on deposit for the benefit of Mortgagor or held by Beneficiary (whether deposited by or on behalf of Mortgagor or anyone else) pursuant to any of the provisions of this Mortgage or the other Loan Documents. In addition to all of its other rights under this Mortgage and otherwise, Beneficiary shall have all of the rights of a secured party under the Uniform Commercial Code of the State, as in effect from time to time, or under the Uniform Commercial Code in force from time to time in any other state to the extent the same is applicable Law. This Mortgage shall also be effective as a financing statement with respect to any other Property as to which a security interest may be perfected by the filing of a financing statement and may be filed as such in any appropriate filing or recording office. The respective mailing addresses of Mortgagor and Beneficiary are set forth in Section 2.4 below. A carbon, photographic or other reproduction of this Mortgage or any other financing statement relating to this Mortgage shall be sufficient as a financing statement for any of the purposes referred to in this Section. Mortgagor hereby irrevocably authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements as authorized by applicable Law, reasonably required by Beneficiary to establish or maintain the validity, perfection and priority of the security interests granted in this Mortgage. The foregoing authorization includes Mortgagor’s irrevocable authorization for Beneficiary at any time and from time to time to file any initial financing statements and amendments thereto that indicate the Personalty (i) as “all assets” of Mortgagor or words of similar effect, regardless of whether any particular asset comprised in the Personalty falls within the scope of the Uniform Commercial Code of the State or the jurisdiction where the initial financing statement or amendment is filed, or (ii) as being of an equal or lesser scope or with greater detail.
Security Agreement and Financing Statement. This Mortgage shall also constitute, and shall be construed as, a security agreement and as a financing statement with respect to the Collateral, notwithstanding the execution and filing of additional financing statements covering the same Collateral.
Security Agreement and Financing Statement. The mailing address of debtor (Lessee herein) and of the secured party (Lessor herein) from which information concerning security interests hereunder may be obtained is as set forth on the signature pages of this Agreement. A carbon, photographic or other reproduction of this Agreement or of any financing statement related to this Agreement shall be sufficient as a financing statement for any of the purposes referenced herein.
Security Agreement and Financing Statement. 6.1 This Deed of Trust shall constitute a security agreement and shall also constitute and may be filed as a financing statement under applicable codifications of the Uniform Commercial Code (Colorado). In addition to all other rights and remedies available to the Beneficiary upon any default of the Borrower, the Beneficiary shall, upon any default, be entitled to exercise any one or more remedies granted to a secured party on default under the Uniform Commercial Code (Colorado). This security agreement (and financing statement, if applicable) covers and extends to all proceeds of collateral.
Security Agreement and Financing Statement. This Mortgage shall constitute a security agreement with respect to personal property and fixtures in which Mortgagee has been granted a security interest hereby, and shall also constitute a Financing Statement pursuant to the Uniform Commercial Code to be filed in the real estate records of the respective counties in which the Mortgaged Properties are located. Mortgagor authorizes Mortgagee to file from time to time where permitted by law, such financing statements against the Mortgaged Properties as required or desired by Mortgagee to perfect the security interest granted in this Mortgage. Mortgagor will from time to time, at the request of Mortgagee, execute any and all additional documents in a form satisfactory to Mortgagee which Mortgagee may consider necessary or appropriate to perfect its security interest.
Security Agreement and Financing Statement. This Security Agreement constitutes a security agreement as to all or any part of the Collateral which is of a nature that a security interest therein can be perfected under the Commercial Code. This Security Agreement also constitutes a financing statement with respect to any and all property included in the Collateral which is or may become fixtures.
Security Agreement and Financing Statement. Section 2.1 Security Agreement US-DOCS\95224982Bluffton, IN . The Agent and the Mortgagor further agree that if any of the property herein mortgaged is of a nature so that a security interest therein can be created and perfected under the Uniform Commercial Code in effect in the State (the “Code”), this Mortgage shall constitute a security agreement, fixture filing and financing statement, and for that purpose, the following information is set forth:
Security Agreement and Financing Statement. Specifically, but without limiting the generality of subsections (a) and (b) of this Article XII, the Lessor and the Lessee further intend and agree that, with respect to that portion of the Leased Property constituting personal property, for the purpose of securing the Lessee’s obligations for the repayment of the above-described loan and all other obligations of the Lessee under the Operative Documents, (i) this Lease shall also be deemed to be a security agreement and financing statement within the meaning of Article 9 of the Uniform Commercial Code; (ii) Lessee hereby grants, conveys, assesses and transfers a lien and security interest in and, the conveyance provided for hereby shall be deemed to be a grant by the Lessee to the Lessor of a lien and security interest in all of the Lessee’s present and future right, title and interest in and to such portion of the Leased Property, including but not limited to the Lessee’s leasehold estate therein and all proceeds of the conversion, voluntary or involuntary, of the foregoing, into cash, investments, securities or other property, whether in the form of cash, investments, securities or other property to secure such loan, effective on the date hereof, to have and to hold such interests in the Leased Property unto the Lessor and its successors and assigns forever; (iii) the possession by the Lessor of notes and such other items of property as constitute instruments, money, negotiable documents or chattel paper shall be deemed to be “possession by the secured party” for purposes of perfecting the security interest pursuant to Section 9-313 of the Uniform Commercial Code; and (iv) notifications to Persons holding such property, and acknowledgements, receipts or confirmations from financial intermediaries, bankers or agents (as applicable) of the Lessee shall be deemed to have been given for the purpose of perfecting such security interest under Applicable Law. The Lessor and the Lessee shall, to the extent consistent with this Lease, take such actions and execute, deliver, file and record such other documents, financing statements and deeds of trust, including, without limitation, the Lease Supplement, as may be necessary to ensure that, if this Lease were deemed to create a security interest in the Leased Property in accordance with this Article XII, such security interest would be deemed to be a perfected security interest with priority over all Liens other than Permitted Liens, under Applicable Law and will ...
Security Agreement and Financing Statement. This Series 1989D Mortgage constitutes a security agreement as to all or any part of the Series 1989D Mortgaged Property which is of a nature that a security interest therein can be perfected under the Commercial Code. This Series 1989D Mortgage also constitutes a financing statement with respect to any and all property included in the Series 1989D Mortgaged Property which is or may become fixtures. All rights that the Mortgagor has to enforce the repurchase of certain of the Series 1989D Project Facilities pursuant to the Equipment Sale Agreement and the proceeds of a repurchase pursuant to the Equipment Sale Agreement are hereby pledged, assigned and transferred to the Mortgagee for the protection of the Series 1989D Bondholders and those proceeds when received shall be used by the Mortgagee to pay principal of and interest on the Series 1989D Bonds as provided in the Series 1989D Supplemental Indenture.
Security Agreement and Financing Statement. To the extent permitted by applicable law, this Sixty-Seventh Supplemental Indenture shall be deemed to be a Security Agreement and Financing Statement whereby the Company grants to the Trustee a security interest in all of the Trust Estate that is personal property or fixtures under the Uniform Commercial Code, as adopted or hereafter adopted in one or more of the states in which any part of the properties of the Company are situated. The mailing address of the Company, as debtor, is: Oglethorpe Power Corporation (An Electric Membership Corporation) 0000 Xxxx Xxxxxxxx Xxxxx Tucker, Georgia 30084-5336 and the mailing address of the Trustee, as secured party, is:
