Security Documents Additional Collateral Sample Clauses
Security Documents Additional Collateral. (a) In order to secure the due and punctual payment of the Securities and all other Obligations in respect of the Securities and this Indenture, and the other amounts payable to the Trustee hereunder, the Company and the Guarantors shall, on the Issue Date, enter into the applicable Security Documents to create the Lien on the Collateral in favor of the Collateral Agent for the benefit of the Notes Secured Creditors and to provide for certain related intercreditor matters. Any Guarantor shall, upon becoming a Guarantor, become a party to each applicable Security Document as shall be necessary or appropriate to grant and create a valid Lien on and security interest in the personal property of such Guarantor of the type described in the definition of “Collateral” in the Security Agreement and, to the extent required by the Credit Agreement, all real property owned by such Guarantor, in each case, subject to no Liens other than Liens permitted by this Indenture and the Security Documents. In furtherance and in compliance with the provisions of Section 4.19 herein, after the Issue Date, to further secure the Obligations in respect of the Securities and this Indenture, the Company and the Guarantors shall enter into the applicable Security Documents to create a Lien in favor of Collateral Agent for the benefit of the Notes Secured Creditors on any and all Collateral on which a Lien is granted to the Collateral Agent for the benefit of the Bank Lenders.
(b) If at any time after the First-Lien Obligations Termination Date, the Company or any Guarantor acquires (i) in fee simple any real property with a fair market value in excess of $1.0 million or (ii) any leasehold interest in any leasehold property with a fair market value in excess of $1.0 million, in either case as determined in good faith by the Company’s Board of Directors as evidenced by a Board Resolution, the Company or such Guarantor shall grant to the Collateral Agent for the benefit of the Notes Secured Creditors a Mortgage on such real property; provided, that the Company or any such Guarantor shall not be required to so grant a Mortgage on such real property to the extent that (1) such a grant is prohibited by the applicable lease (and the lessor thereunder or its mortgagees has not consented thereto) or (2) such a grant is prohibited by the terms of any document evidencing a prior Lien thereon to the extent permitted hereunder. All such Mortgages shall be reasonably satisfactory in form and substa...
Security Documents Additional Collateral. (a) In order to secure the due and punctual payment of the Notes Obligations, (i) on the Issue Date, simultaneously with the execution and delivery of this Indenture, the Collateral Grantors have executed Security Documents granting to the Collateral Agent for the benefit (or, where applicable, as direct representative) of the Secured Creditors a first-priority perfected Lien in the Collateral, and (ii) after the Issue Date, each Subsidiary of Holdings that is required to become a Collateral Grantor pursuant to Section 4.27 shall execute and deliver the necessary Security Documents in order to grant to the Collateral Agent a first-priority perfected Lien in all assets of such Subsidiary which are required to, but do not already, constitute Collateral.
(b) Holdings shall cause every Collateral Grantor to from time to time take the actions required by Section 4.27.
Security Documents Additional Collateral. 79 SECTION 12.02. Releases of Collateral 79 SECTION 12.03. Release Documentation 80
Security Documents Additional Collateral. (a) The payment of the principal of, premium, if any, and interest on the Notes when due, whether on an interest payment date, at maturity, by acceleration, repurchase, redemption or otherwise and whether by the Issuers pursuant to the Notes or by any Guarantor pursuant to its Note Guarantees, the payment of all secured obligations under the Security Documents, and the performance of all other obligations of the Issuers under this Indenture, the Notes and the Security Documents are secured by Liens on the Collateral in favor of the Collateral Agent for the benefit of the Trustee and the Holders prior to all other Liens except for Permitted Collateral Liens (other than as described in clause (y) of the definition thereof), as provided in the Security Documents, and will be secured as provided in the Security Documents hereafter delivered as required or permitted by this Indenture. The Trustee, the Issuers and the Guarantors hereby acknowledge and agree that the Collateral Agent holds the Collateral in trust for the benefit of the Trustee and the Holders and the other secured parties under the Security Documents as provided therein and enforcing their rights (in their capacity as such) with respect to the Collateral, in each case pursuant to the terms of the Security Documents. Each Holder, by accepting a Note, consents and agrees to the terms of the Security Documents (including the provisions providing for the possession, use, release and foreclosure of Collateral) as the same may be in effect or may be amended from time to time in accordance with their terms and this Indenture and the applicable Security Documents, and authorizes and directs the Collateral Agent to enter into the Security Documents and to perform its obligations and exercise its rights thereunder in accordance therewith. The Issuers shall deliver to the Collateral Agent all documents required to be delivered pursuant to the Security Documents, and shall do or cause to be done all such acts and things as may be reasonably required by the next sentence of this Section 12.01(a), to assure and confirm to the Collateral Agent the security interest in the Collateral contemplated hereby, by the Security Documents or any part thereof, as from time to time constituted, so as to render the same available for the security and benefit of this Indenture and of the Notes secured thereby, according to the intent and purposes therein expressed. The Issuers shall, and shall cause each applicable Guarantor...
Security Documents Additional Collateral. Recording, Registration and Opinions. Releases of Collateral. Authorization of Actions to Be Taken by the Collateral Agent Under the Security Documents. Authorization of Receipt of Funds by the Trustee Under the Security Agreement. Powers Exercisable by Receiver or Collateral Agent.
Security Documents Additional Collateral. (a) In order to secure the due and punctual payment of the Notes Obligations, (i) on the Issue Date, simultaneously with the execution and delivery of this Indenture, the Collateral Grantors have executed Security Documents granting to the Collateral Agent for the benefit (or, where applicable, as direct representative) of the Secured Creditors a perfected Lien in the Collateral, and (ii) after the Issue Date, each other affiliate of the Company that is required to become a Collateral Grantor pursuant to Section 4.17 shall execute and deliver the necessary Security Documents in order to grant to the Collateral Agent a perfected Lien in all assets of such Person which are required to, but do not already, constitute Collateral.
(b) The Company shall cause every Collateral Grantor to from time to time take the actions required by Section 4.17.
Security Documents Additional Collateral. 84 SECTION 12.2. Recording, Etc.................................................................... 85 SECTION 12.3. Possession, Use and Release of Collateral......................................... 86 SECTION 12.4. Trust Indenture Act Requirements.................................................. 87 SECTION 12.5. Suits To Protect the Collateral................................................... 87 SECTION 12.6. Purchaser Protected............................................................... 88 SECTION 12.7. Powers Exercisable by Receiver or Trustee......................................... 88 SECTION 12.8. Disposition of Obligations Received............................................... 88 SECTION 12.9. Determinations Relating to Collateral............................................. 88 SECTION 12.10. Renewal and Refunding............................................................. 89 SECTION 12.11. Release upon Termination of Issuer's Obligations.................................. 89 SECTION 12.12.
Security Documents Additional Collateral. 84 Section 10.02. Opinions................................................................................. 84 Section 10.03. Suits to Protect the Collateral.......................................................... 84 Section 10.04. Release of Collateral.................................................................... 85 Section 10.05. Sufficiency of Release................................................................... 86 Section 10.06. Actions by the Trustee................................................................... 86
Security Documents Additional Collateral. (a) In order to secure the due and punctual payment of the Notes Obligations, the Company, the Guarantors, the Collateral Agent and the other parties thereto have simultaneously with the execution of this Indenture entered or, in accordance with the provisions of this Article XII and the provisions of the Security Agreement, will enter into the Security Documents.
(b) The Company shall, and shall cause each Guarantor to, and each Guarantor shall, make all filings (including filings of continuation statements and amendments to financing statements that may be necessary to continue the effectiveness of such financing statements) and take all other actions as are necessary or required by the Security Documents to maintain (at the sole cost and expense of the Company and the Guarantors) the security interest created by the Security Documents in the Collateral as a perfected second priority security interest subject only to (i) in the case of Collateral under the Notes Escrow Agreement, Liens expressly permitted thereunder, and (ii) in the case of all other Collateral, the first priority Lien securing Credit Facility Obligations and Permitted Liens.
(c) With respect to assets acquired after the Issue Date (or assets that cease to be Excluded Assets), the Company or applicable Guarantor will take the actions required by the Security Agreement.
Security Documents Additional Collateral. 92 SECTION 10.2 Recording, Registration and Opinions 92 SECTION 10.3 Releases of Collateral. 93 SECTION 10.4 Form and Sufficiency of Release 94 SECTION 10.5 Possession and Use of Collateral. 94