Common use of Security Documents; etc Clause in Contracts

Security Documents; etc. The respective appropriate Obligors and the Collateral Agent shall have duly entered into (i) an amendment to the Guaranty Agreements, in a form satisfactory to the Purchasers, confirming that the Guarantors will be liable for the Obligations as increased by the Notes being issued and sold at the Series D Deferred Closing, and (ii) amendments to the Mortgages (Noteholders) with respect to real estate interests and to each other Security Document effective to reflect the issuance of, and extend the Lien of the Security Documents to secure, the Notes to be issued and sold at the Series D Deferred Closing. Each such Mortgage (Noteholders), each such amendment and all financing statements and/or instruments shall have been executed and delivered for recording or filing in public offices as may be necessary or desirable in order to perfect the Liens granted or extended thereby as against creditors of and purchasers from the Obligors. The Purchasers shall have received such evidence as they may reasonably request as to the absence of any intervening Liens since the Closing Date that would affect the priority of the Lien of the Security Documents theretofore delivered, as such Security Documents are amended by the amendments referred to in the preceding sentence.

Appears in 1 contract

Sources: Term Loan Agreement (Westmoreland Coal Co)

Security Documents; etc. The respective appropriate Obligors and the Collateral Agent shall have duly entered into (i) an amendment to the Guaranty Agreements, in a form satisfactory to the Purchasers, confirming that the Guarantors will be liable for the Obligations as increased by the Notes being issued and sold at the Series D C Deferred Closing, and (ii) amendments to the Mortgages (Noteholders) with respect to real estate interests and to each other Security Document effective to reflect the issuance of, and extend the Lien of the Security Documents to secure, the Notes to be issued and sold at the Series D C Deferred Closing. Each such Mortgage (Noteholders), each such amendment and all financing statements and/or instruments shall have been executed and delivered for recording or filing in public offices as may be necessary or desirable in order to perfect the Liens granted or extended thereby as against creditors of and purchasers from the Obligors. The Purchasers shall have received such evidence as they may reasonably request as to the absence of any intervening Liens since the Closing Date that would affect the priority of the Lien of the Security Documents theretofore delivered, as such Security Documents are amended by the amendments referred to in the preceding sentence.

Appears in 1 contract

Sources: Term Loan Agreement (Westmoreland Coal Co)