Separate Collateral Sample Clauses

Separate Collateral. (a) Notwithstanding any provision of this Agreement or any other Collateral Document (as defined in the Existing Credit Agreement) to the contrary, in no event shall any Secured Party, other than ▇. ▇▇▇▇ or any successor as counterparty under the J. ▇▇▇▇ ▇▇▇▇▇ Agreement, have any claim on, or right title or interest in and to the Hedge Agreement LOC or any proceeds thereof. Each Secured Party, other than ▇. ▇▇▇▇ or any successor as counterparty under the J. ▇▇▇▇ ▇▇▇▇▇ Agreement, acknowledges and agrees that the Hedge Agreement LOC is solely for the benefit of ▇. ▇▇▇▇ and any successor thereto and ▇. ▇▇▇▇ or any such successor shall not be required to share the Hedge Agreement LOC or any portion of the proceeds of such Hedge Agreement LOC with any Secured Party. (b) If at any time the Company has in place an endorsement to the Company’s business interruption insurance policy (the “BI Policy”) that names ▇. ▇▇▇▇ as Loss Payee (the “BI Endorsement”), and (i) a recoverable loss under such BI Policy has occurred and is continuing, (ii) ▇. ▇▇▇▇ is permitted under such BI Endorsement to seek payment directly from the issuer of the BI Policy and (iii) amounts are payable to ▇. ▇▇▇▇ under the J. ▇▇▇▇ ▇▇▇▇▇ Agreement, ▇. ▇▇▇▇ shall continue to seek payment of the obligations due to it from the Company and will only seek payment under the BI Endorsement if ▇. ▇▇▇▇ would have the right to terminate the J. ▇▇▇▇ ▇▇▇▇▇ Agreement. This provision shall not otherwise affect ▇. ▇▇▇▇’▇ rights set forth herein, under the Hedge Agreement LOC and under the other First Lien Debt Documents.

Separate Collateral. The 2015 Notes Separate Collateral secures only the 2015 Notes Secured Obligations, and no other Secured Party shall have any Liens thereon or any security interest therein. The First Lien Shared Collateral secures only the First Lien Secured Obligations, and no other Secured Party shall have any Liens thereon or any security interest therein. The Lakes Dominion Account secures only the Lakes Secured Obligations, and no other Secured Party shall have any Liens thereon or any security interest therein. Until the Discharge of the 2015 Notes and any other First Lien Secured Obligation shall have occurred, Lakes shall ensure that no deposits shall be made into the Lakes Dominion Account and no assets shall be held in the Lakes Dominion Account, and if any assets shall be deposited in or credited to the Lakes Dominion Account at any time prior to such Discharge, then Lakes shall immediately cause such assets to be deposited in the Notes Dominion Account.

Separate Collateral. Notwithstanding anything herein or in any other Secured Obligation Document to the contrary, each of the parties hereto acknowledges and agrees that the Subordinated Liens shall not attach to any Collateral other than the Project Counterparty Collateral.

Separate Collateral. It is understood and agreed that (i) the obligations of certain Subsidiaries of the Company under the ABL Credit Agreement, which Subsidiaries are organized under the laws of Canada or another jurisdiction outside the United States and are not Grantors, are or may be secured from time to time by liens on their assets and assets of other Subsidiaries of the Company organized under the laws of a jurisdiction outside the United States, (ii) certain letters of credit, Banking Services, Acceptance Obligations and Secured Swap Obligations constituting ABL Obligations may be cash collateralized (including cash collateral held in Deposit Accounts or Securities Accounts or invested in Investment Property) and/or subject to set-off or netting arrangements that are solely for the benefit of the issuer of such letter of credit, the provider of such Banking Services or the holder of such Secured Swap Obligations or Acceptance Obligations and not for the benefit of all ABL Claimholders generally and (iii) that certain property that constitutes “Leased Property” as defined in the Synthetic Lease Documentation is solely for the benefit of the holders of the Synthetic Lease Obligations and not for the benefit of all ABL Claimholders generally. Collateral held pursuant to the foregoing arrangements is not Collateral subject to the provisions of this Agreement, and this Agreement shall neither restrict the rights of any Claimholder as to such separate collateral nor give the any Claimholder any rights with respect thereto.

Separate Collateral. The Lien of the AgStar Security Agreement shall constitute a single first priority Lien or security interest on or in the Separate Collateral which shall secure all holders from time to time of the AgStar Loan Liabilities as either principal or interest, with the same force and effect as if AgStar solely held a single Lien on and security interest in the Separate Collateral, and all proceeds and products thereof, whether now owned or hereafter existing. No other Person or Party shall hold a Lien or security interest on or in the Separate Collateral. No Party shall contest the validity, perfection, priority or enforceability of any Lien or security interest granted to any other Party or contemplated hereby. Notwithstanding any failure of a Party to perfect its security interest in the Collateral or any other defect in the security interests or obligations owing to such Party, the priority and rights as between the Parties hereto shall be as set forth herein.

Separate Collateral. The FF&E Collateral secures only the FF&E Secured Obligations and not any of the Lakes Obligations, and, as provided in Section 7.7, Lakes shall not have any Liens thereon or any security interest therein.

Separate Collateral. Account Agreements, duly executed by each Borrower and Key Bank of Utah, pursuant to which such Borrower and such bank establish a depository account (the "Collateral Account") in the name of and under the sole and exclusive control of the Lender, from which such institution agrees to transfer finally collected funds to the Lender for application to such Borrower's Obligations.

Separate Collateral. Notwithstanding any other provision of this Agreement to the contrary, no provision of this Agreement shall prevent, limit or restrict any act or action by any First Lien Lender with respect to the First Lien Separate Collateral.

Separate Collateral. The 2014 Notes Separate Collateral secures only the 2014 Notes Secured Obligations, and no other Secured Party shall have any Liens thereon or any security interest therein. The First Lien Shared Collateral secures only the First Lien Secured Obligations, and no other Secured Party shall have any Liens thereon or any security interest therein.