Common use of Security for the Note Clause in Contracts

Security for the Note. 2.1. As security for the payment of the monies owing under this Note, Maker has delivered or has caused to be delivered to Agent the following (each a "Loan Document" and collectively with this Note, the Loan Agreement, and any other guaranty, document, certificate or instrument executed by Maker or any other obligated party in connection with the Loan, together with all amendments, modifications, renewals or extensions thereof, the "Loan Documents"): (a) a Mortgage, Assignment of Leases and Rents, and Security Agreement executed by Maker in favor of Payee, dated of even date herewith, and to be recorded in the public records of St. Lucie County, Florida (the “Mortgage”), on certain real property and the improvements situated thereon in St. Lucie County, Florida, as more fully described in the Mortgage (the "Property"); (b) an Assignment of Leases and Rents executed by Maker in favor of Payee, dated of even date herewith, and to be recorded in the public records of St. Lucie County, Florida (the "Assignment of Leases") assigning all of the assignor's rights as lessor under all leases affecting the Property; (c) a Limited Payment Guaranty, of even date herewith, executed by Inland Diversified Real Estate Trust, Inc., a real estate investment trust (“Guarantor”), in favor of Payee (the “Limited Payment Guaranty”), and (d) a Non-Recourse Exception Guaranty, of even date herewith, executed by Guarantor in favor of Payee (the “Non-Recourse Guaranty”; together with the Limited Payment Guaranty, the "Guaranties"). 2.2. Maker hereby grants to Payee a continuing security interest in all property of Maker, now or hereafter in the possession of Payee, as security for the payment of this Note, which security interest shall be enforceable and subject to all the provisions of this Note, as if such property were specifically pledged hereunder.

Appears in 2 contracts

Sources: Loan Agreement (Inland Diversified Real Estate Trust, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.)

Security for the Note. 2.1. As security for the payment of the monies owing under this Note, Maker has delivered or has caused to be delivered to Agent the following (each a "Loan Document" and collectively with this Note, the Loan Agreement, and any other guaranty, document, certificate or instrument executed by Maker or any other obligated party in connection with the Loan, together with all amendments, modifications, renewals or extensions thereof, the "Loan Documents"): (a) a Mortgage, Assignment of Leases and Rents, and Security Agreement executed by Maker in favor of Payee▇▇▇▇▇, dated of even date herewith, and to be recorded in the public records of St. Lucie County, Florida (the “Mortgage”), on certain real property and the improvements situated thereon in St. Lucie County, Florida, as more fully described in the Mortgage (the "Property"); (b) an Assignment of Leases and Rents executed by Maker in favor of Payee, dated of even date herewith, and to be recorded in the public records of St. Lucie County, Florida (the "Assignment of Leases") assigning all of the assignor's rights as lessor under all leases affecting the Property; (c) a Limited Payment Guaranty, of even date herewith, executed by Inland Diversified Real Estate Trust, Inc., a real estate investment trust Maryland corporation (“Guarantor”), in favor of Payee ▇▇▇▇▇ (the “Limited Payment Guaranty”), and (dc) a Non-Recourse Exception Guaranty, of even date herewith, executed by Guarantor in favor of Payee ▇▇▇▇▇ (the “Non-Recourse Guaranty”; together with the Limited Payment Guaranty, the "Guaranties"). 2.2. Maker hereby grants to Payee a continuing security interest in all property of Maker, now or hereafter in the possession of Payee, as security for the payment of this Note, which security interest shall be enforceable and subject to all the provisions of this Note, as if such property were specifically pledged hereunder.

Appears in 1 contract

Sources: Promissory Note (Inland Diversified Real Estate Trust, Inc.)

Security for the Note. 2.17.1. As security for the payment of the monies owing under This Note is executed and delivered in accordance with a commercial transaction. The indebtedness evidenced by this Note, Maker has delivered or has caused to be delivered to Agent Note is secured by the following instruments and agreements (each each, a "Loan Document" and collectively with this Note, the Loan Agreement, and any other guaranty, document, certificate or instrument executed by Maker Borrower or any other obligated party in connection with the Loan, together with all as affected by any amendments, modifications, renewals or extensions thereof, the "Loan Documents"): (a) a Mortgage, Assignment of Leases an Amended and Rents, Restated Mortgage and Security Agreement executed by Maker and Notice of Future Advance and Extension Agreement, dated as of the October 30, 2008, from Mutiny on the Park, Ltd. in favor of PayeeBank, dated of even date herewith, and to be recorded in the public records of St. Lucie County, Florida (the “Mortgage”), on encumbering certain real property and the improvements situated thereon in St. Lucie Miami-Dade County, Florida, as more fully described in the Mortgage therein (the "Property") recorded in Official Records Book 26634, at Page 281 of the public records of Miami-Dade County, Florida, as assigned and modified by an Assignment and Assumption Agreement and Modification of Mortgage and Other Loan Documents dated of even date herewith by and between Mutiny on the Park, Ltd., Borrower, Bank and certain other parties to be recorded in the Public Records of Miami-Dade County, Florida (the "Assumption Agreement"; together with the mortgage modified thereby and any other modifications and amendments thereto, collectively, the "Mortgage"); , (b) an Assignment of Leases Leases, Rents and Rents executed Profits by Maker Mutiny on the Park, Ltd. in favor of PayeeBank, dated of even date herewith, and to be recorded in Official Records Book 26634, at Page 308, of the public records Public Records of St. Lucie Miami-Dade County, Florida (Florida, as amended by the "Assignment of Leases") Assumption Agreement, assigning all of the assignorBorrower's rights as lessor under all leases affecting the Property; , (c) a Limited Payment Guaranty, dated October 30, 2008, by Ric▇▇▇▇ ▇▇▇▇▇ (▇he "Existing Guarantor") in favor of Bank, as modified by a Confirmation and Modification of Guaranty, dated of even date herewith, executed by Inland Diversified Real Estate Trust, Inc., a real estate investment trust (“Guarantor”), in favor of Payee (the “Limited Payment Guaranty”)Existing Guarantor and Bank, and (d) a Non-Recourse Exception Guaranty, Guaranty dated of even date herewithherewith by Sonesta International Hotels Corp., executed by Guarantor in favor of Payee a New York corporation (the “Non-Recourse Guaranty”; "Sonesta Guarantor" and together with the Limited Payment GuarantyExisting Guarantor, collectively, the "GuarantiesGuarantor"). 2.27.2. Maker Borrower hereby grants to Payee Bank a continuing security interest in all property of MakerBorrower, now or hereafter in the possession of PayeeBank, as security for the payment of this NoteNote and any other liabilities of Borrower to Bank, which security interest shall be enforceable and subject to all the provisions of this Note, as if such property were specifically pledged hereunder.

Appears in 1 contract

Sources: Note (Sonesta International Hotels Corp)

Security for the Note. 2.1. As (a) Contemporaneously herewith, Borrower is executing and delivering to Bank that certain Stock Pledge and Security Agreement dated as of even date herewith by and between Borrower and Bank (such Stock Pledge and Security Agreement as originally executed and as same may be amended or modified from time to time being herein called the “Pledge Agreement”) whereby Borrower pledges to Bank, inter alia, all of Borrower’s stock in Guarantor as security for the payment of the monies owing under this Note, Maker has delivered or has caused to be delivered to Agent the following Secured Obligations (each a "Loan Document" and collectively with this Note, the Loan Agreementas hereinafter defined), and any other guaranty, document, certificate or instrument executed by Maker or any other obligated party in connection with the Loan, together with all amendments, modifications, renewals or extensions thereof, the "Loan Documents"): (a) Borrower is executing and delivering to Bank a Mortgage, Assignment of Leases and Rents, Pledge and Security Agreement executed by Maker in favor of Payee, (Deposit Accounts) dated as of even date herewith, herewith (such Pledge and to be recorded in the public records of St. Lucie County, Florida Security Agreement (Deposit Accounts) and all amendments and modifications thereof being herein called the “MortgageDeposit Account Pledge), on certain real property and the improvements situated thereon in St. Lucie County, Florida, as more fully described in the Mortgage (the "Property"); (b) an Assignment of Leases and Rents executed by Maker in favor of Payee, dated of even date herewith, and to be recorded in the public records of St. Lucie County, Florida (the "Assignment of Leases") assigning all of the assignor's rights as lessor under all leases affecting the Property; (c) a Limited Payment Guaranty, of even date herewith, executed by Inland Diversified Real Estate Trust, Inc., a real estate investment trust (“Guarantor”), in favor of Payee (the “Limited Payment Guaranty”), and (d) a Non-Recourse Exception Guaranty, of even date herewith, executed by Guarantor in favor of Payee (the “Non-Recourse Guaranty”; together with the Limited Payment Guaranty, the "Guaranties"). 2.2. Maker hereby whereby Borrower grants to Payee Bank a continuing security interest in all property certain accounts of Maker, now or hereafter in the possession of Payee, Borrower as security for the payment of the Secured Obligations (as hereinafter defined). Also, contemporaneously herewith, Guarantor is executing and delivering to Bank an Unconditional Guaranty dated as of even date herewith (such Unconditional Guaranty as originally executed and as same may be amended and modified from time to time being herein called the “Guaranty”) whereby Guarantor guarantees to Bank, inter alia, the payment of the debts, liabilities and obligations of Borrower evidenced by or arising under the Note. (b) For the purposes of this Agreement, the term “Collateral” shall mean and include the “Collateral” described in the Pledge Agreement, the “Pledged Assets” as described in the Deposit Account Pledge and any and all other property of any nature whatsoever of any one or more of the Second Parties or any Subsidiary of a Second Party which hereafter may be assigned, transferred or pledged to Bank as security for all or any of the Secured Obligations (as hereinafter defined). The debts, liabilities and obligations of Borrower, whether now existing or hereafter incurred or arising, evidenced by the Note, which security interest shall be enforceable the obligations of Borrower hereunder, and subject all debts, liabilities and obligations of Borrower to all Bank of every nature, whether now existing or hereafter incurred, relating to the provisions of this NoteCredit Line (and any renewal, as if such property were specifically pledged hereunderextension and/or refinancing thereof) are herein called the “Liabilities”.

Appears in 1 contract

Sources: Line of Credit Agreement (Fortegra Financial Corp)

Security for the Note. 2.1. As part security for the full and timely payment of this Note, the monies owing Borrower pledges and grants to the Company a security interest in all of Borrower's options to acquire shares of the Company's common stock (the "Pledged Options"). The undersigned shall, upon execution of this Note, deliver an irrevocable power of attorney to the Company in the form of Exhibit A attached hereto, authorizing the Company (and any officer on behalf of the Company), upon any default in the payment of principal and interest due under this Note, Maker has delivered to, at the Company's election and sole discretion, either revoke the Pledged Options, or has caused to be delivered to Agent exercise any or all of the following (each a "Loan Document" and collectively with this NotePledged Options, sell the Loan Agreementstock acquired upon exercise of any Pledged Option, and any other guaranty, document, certificate or instrument executed by Maker or any other obligated party in connection with the Loan, together with all amendments, modifications, renewals or extensions thereof, the "Loan Documents"): (a) a Mortgage, Assignment of Leases and Rents, and Security Agreement executed by Maker in favor of Payee, dated of even date herewith, and to be recorded in the public records of St. Lucie County, Florida (the “Mortgage”), on certain real property and the improvements situated thereon in St. Lucie County, Florida, as more fully described in the Mortgage apply an amount (the "Property"); (b) an Assignment of Leases and Rents executed by Maker in favor of Payee, dated of even date herewith, and to be recorded in the public records of St. Lucie County, Florida (the "Assignment of LeasesNet Spread") assigning all equal to the excess of the assignor's rights as lessor under all leases affecting sale proceeds over the Property; (c) a Limited Payment Guarantyexercise price of the exercised option, minus applicable withholding, to payment of even date herewith, executed by Inland Diversified Real Estate Trust, Inc., a real estate investment trust (“Guarantor”), in favor of Payee (the “Limited Payment Guaranty”), unpaid principal and (d) a Non-Recourse Exception Guaranty, of even date herewith, executed by Guarantor in favor of Payee (accrued interest. Notwithstanding the “Non-Recourse Guaranty”; together with the Limited Payment Guarantyforegoing, the "Guaranties"). 2.2undersigned acknowledges that this Note is a full recourse note and that the undersigned is liable for full payment of this Note without regard to the value at any time or from time to time of the Pledged Options. Maker hereby grants to Payee a continuing security interest In the event of any default in all property of Maker, now or hereafter in the possession of Payee, as security for the payment of this Note, which the Company shall have and may exercise any and all remedies of a secured party under the California Commercial Code, and any other remedies available at law or in equity, with respect to the Pledged Options. If the Borrower desires to obtain a release from the Company's security interest in some or all of the Pledged Options, the undersigned shall pay that portion of the principal balance of this Note (plus accrued interest, thereon) equal to the Net Spread of the Pledged Options being released. For this purpose, the Net Spread shall be determined based upon the closing price of the Company common stock on the NASDAQ National Market System as reported in the West Coast edition of the Wall Street Journal on such date. The Company shall thereafter effect such release, provided that the Net Spread of the Pledged Options remaining subject to the Company's security interest shall be enforceable and subject to all the provisions satisfy any requirements of this Note, as if such property were specifically pledged hereunderapplicable law or regulations.

Appears in 1 contract

Sources: Promissory Note (Cidco Inc)