Common use of The Collateral Clause in Contracts

The Collateral. (a) The due and punctual payment of the principal of, premium, if any, and interest on the Notes and the Guarantees when and as the same shall be due and payable, whether on an interest payment date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by law), if any, on the Notes and the Guarantees and performance of all other obligations under this Indenture, including, the obligations of the Company set forth in Section 7.07 and Section 8.05 herein, and the Notes and the Guarantees and the Collateral Documents, shall be secured by Liens on and security interests in the Notes Collateral and the ABL Collateral, in each case with the priority set forth in the Intercreditor Agreements and subject to Permitted Liens, as provided in the Collateral Documents which the Company and the Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will be secured by all Collateral Documents hereafter delivered as required or permitted by this Indenture and the Collateral Documents. All property of the Company and the Guarantors owned on the Issue Date (other than Excluded Property) shall be pledged as Collateral pursuant to the Collateral Documents on the Issue Date, and perfected with the priority intended to be granted thereby, subject, in the case of the Post-Closing Collateral Documents, to the provisions of Section 11.05.

Appears in 3 contracts

Samples: Cliffs Natural Resources Inc., Cliffs Natural Resources Inc., Cliffs Natural Resources Inc.

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The Collateral. (a) The due and punctual payment of the principal of, premium, if any, and interest on the Notes Securities and the Subsidiary Guarantees thereof when and as the same shall be due and payable, whether on an interest payment date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by lawlawful), if any, on the Notes Securities and the Subsidiary Guarantees thereof and performance of all other obligations under this Indenture, including, without limitation, the obligations of the Company set forth in Section 7.07 7.7 and Section 8.05 8.6 herein, and the Notes Securities and the Subsidiary Guarantees thereof and the Collateral Documents, shall be secured by Liens on and security interests in the Notes Collateral and the ABL Collateral, in each case with having the priority set forth specified in the Intercreditor Agreements and Agreement in the Collateral subject to no Liens other than Permitted Liens, Liens as provided in the Collateral Documents which the Company and the Subsidiary Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will shall be secured by all Collateral Documents hereafter delivered as required or permitted by this Indenture and the Collateral Documents. All property of the Company and the Guarantors owned on the Issue Date (other than Excluded Property) shall be pledged as Collateral pursuant to Indenture, the Collateral Documents on and the Issue DateIntercreditor Agreement; provided that the Collateral shall exclude certain items of property, and perfected with the priority intended to be granted thereby, subject, as provided in the case of Collateral Documents (collectively, the Post-Closing Collateral Documents, to the provisions of Section 11.05“Excluded Collateral”).

Appears in 2 contracts

Samples: Indenture (NBC Acquisition Corp), Indenture (New Nebraska Book Company, Inc.)

The Collateral. (a) The due and punctual payment of the principal of, premium, if any, Additional Amounts, if any, and interest (including Additional Interest) on the Notes Securities and the Guarantees thereof when and as the same shall be due and payable, whether on an interest payment date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by law), if any, on the Notes Securities and the Guarantees thereof and performance of all other obligations under this Indenture, including, without limitation, the obligations of the Company set forth in Section 7.07 7.7 and Section 8.05 8.5 herein, and the Notes Securities and the Guarantees thereof and the Collateral Documents, shall be secured by (i) first-priority Liens on and security interests in the Notes Collateral and the ABL Collateral(ii) second-priority Liens and security interests, in each case with the priority set forth in the Intercreditor Agreements and subject to Permitted Liens, as provided in the Collateral Documents which the Company and the Subsidiary Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will be secured by all Collateral Documents hereafter delivered as required or permitted by this Indenture Indenture, the Collateral Documents and the Intercreditor Agreement. The Company and the Subsidiary Guarantors hereby agree that the Collateral Agent shall hold the Collateral in trust for the benefit of all of the Holders and the Trustee, in each case pursuant to the terms of the Collateral Documents and the Intercreditor Agreement and the Collateral Documents. All property of the Company Agent is hereby authorized to execute and the Guarantors owned on the Issue Date (other than Excluded Property) shall be pledged as Collateral pursuant to deliver the Collateral Documents on and the Issue Date, and perfected with the priority intended to be granted thereby, subject, in the case of the Post-Closing Collateral Documents, to the provisions of Section 11.05.Intercreditor Agreement. 121

Appears in 2 contracts

Samples: Indenture (Cellu Tissue - CityForest LLC), Indenture (Cellu Tissue Holdings, Inc.)

The Collateral. (a) The due and punctual payment of the principal of, premium, if any, and interest on the Notes and the Note Guarantees thereof, and all other Obligations related thereto, when and as the same shall be due and payable, whether on an interest payment date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by lawlawful), if any, any on the Notes and the Note Guarantees thereof and performance of all other obligations under this Indenture, includingincluding without limitation, the obligations of the Company set forth in Section 7.07 and Section 8.05 herein, and the Notes and the Note Guarantees thereof and the Collateral Documents, shall be secured by Liens on and security interests in on the Notes Collateral and the ABL Collateral, in each case with the priority set forth in the Intercreditor Agreements and (subject to Permitted Liens), as provided in this Indenture, the Collateral Documents and the Intercreditor Agreements which the Company and the Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will shall be secured by all Collateral Documents hereafter delivered as required or permitted by this Indenture and the Collateral Documents. All property of the Company and the Guarantors owned on the Issue Date (other than Excluded Property) shall be pledged as Collateral pursuant to Indenture, the Collateral Documents on and the Issue Date, and perfected with Intercreditor Agreements. All Collateral Documents shall be subject to the priority intended to be granted thereby, subject, in the case terms of the Post-Closing Collateral Documents, to the provisions of Section 11.05Intercreditor Agreements.

Appears in 2 contracts

Samples: Intercreditor Agreement (Angiotech America, Inc.), Intercreditor Agreement (Angiotech Pharmaceuticals Inc)

The Collateral. (a) The due and punctual payment of the principal of, premium, if any, and interest on the Notes and the Guarantees when and as the same shall be due and payable, whether on an interest payment date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by law), if any, on the Notes and the Guarantees and performance of all other obligations under this Indenture, including, the obligations of the Company set forth in Section 7.07 and Section 8.05 herein, and the Notes and the Guarantees and the Collateral Documents, shall be secured by Liens on and security interests in the Notes Collateral and the ABL Collateral, in each case with the priority set forth in the Pari Passu Intercreditor Agreements Agreement and the ABL Intercreditor Agreement and subject to Permitted Liens, as provided in the Collateral Documents which the Company and the Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will be secured by all Collateral Documents hereafter delivered as required or permitted by this Indenture and the Collateral Documents. All property of the Company and the Guarantors owned on the Issue Date (other than Excluded Property) shall be pledged as Collateral pursuant to the Collateral Documents on the Issue Date, and perfected with the priority intended to be granted thereby, subject, in the case of the Post-Closing Collateral Documents, to the provisions of Section 11.05.

Appears in 2 contracts

Samples: Intercreditor Agreement (Cleveland-Cliffs Inc.), Intercreditor Agreement (Cleveland-Cliffs Inc.)

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The Collateral. (a) The due and punctual payment of the principal of, premium, if any, and interest on the Notes and the Note Guarantees thereof, and all other Obligations related thereto, when and as the same shall be due and payable, whether on an interest payment date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by lawlawful), if any, any on the Notes and the Note Guarantees thereof and performance of all other obligations under this Indenture, includingincluding without limitation, the obligations of the Company set forth in Section 7.07 and Section 8.05 herein, and the Notes and the Note Guarantees thereof and the Collateral Documents, shall be secured by Liens on and security interests in on the Notes Collateral and the ABL Collateral, in each case with the priority set forth in the Intercreditor Agreements and (subject to Permitted Liens), as provided in this Indenture, the Collateral Documents and the Intercreditor Agreement which the Company and the Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will shall be secured by all Collateral Documents hereafter delivered as required or permitted by this Indenture and the Collateral Documents. All property of the Company and the Guarantors owned on the Issue Date (other than Excluded Property) shall be pledged as Collateral pursuant to Indenture, the Collateral Documents on and the Issue Date, and perfected with Intercreditor Agreement. All Collateral Documents shall be subject to the priority intended to be granted thereby, subject, in the case terms of the Post-Closing Collateral Documents, to the provisions of Section 11.05Intercreditor Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Angiotech Pharmaceuticals Inc)

The Collateral. (a) The due and punctual payment of the principal of, premium, if any, and interest on the Notes and the Guarantees when and as the same shall be due and payable, whether on an interest payment date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by law), if any, on the Notes and the Guarantees and performance of all other obligations under this Indenture, including, the obligations of the Company set forth in Section ‎Section 7.07 and Section ‎Section 8.05 herein, and the Notes and the Guarantees and the Collateral Documents, shall be secured by Liens on and security interests in the Notes Collateral and the ABL Collateral, in each case with the priority set forth in the ABL Intercreditor Agreements Agreement and subject to Permitted Liens, as provided in the Collateral Documents which the Company and the Guarantors, as the case may be, have entered into simultaneously with the execution of this Indenture and will be secured by all Collateral Documents hereafter delivered as required or permitted by this Indenture and the Collateral Documents. All property of the Company and the Guarantors owned on the Issue Date (other than Excluded Property) shall be pledged as Collateral pursuant to the Collateral Documents on the Issue Date, and perfected with the priority intended to be granted thereby, subject, in the case of the Post-Closing Collateral Documents, to the provisions of Section ‎Section 11.05.

Appears in 1 contract

Samples: Intercreditor Agreement (Cleveland-Cliffs Inc.)

The Collateral. (a) The due and punctual payment of the principal of, premium, if any, and interest on the Notes and the Note Guarantees (other than the Parent Guarantee and, prior to the 2014 Notes Repayment, the Note Guarantee of VM FinanceCo) thereof when and as the same shall be due and payable, whether on an interest payment date, at maturity, by acceleration, repurchase, redemption or otherwise, interest on the overdue principal of and interest (to the extent permitted by lawlawful), if any, on the Notes and the Note Guarantees thereof and performance of all other obligations under this Indenture, including, the obligations of the Company set forth in Section 7.07 and Section 8.05 herein, and the Notes and the Note Guarantees (other than the Parent Guarantee and, prior to the 2014 Notes Repayment, the Note Guarantee of VM FinanceCo) thereof and the Collateral Documents, shall be secured by Liens on and security interests in the Notes Collateral and the ABL CollateralLiens, in each case with the priority set forth in the Intercreditor Agreements and subject to Permitted Liens, as provided in the Collateral Documents which the Company and the GuarantorsNote Guarantors (other than the Parent and, prior to the 2014 Notes Repayment, VM FinanceCo), as the case may be, have entered into simultaneously with the execution of this Indenture and will shall be secured by all Collateral Documents hereafter delivered as required or permitted by this Indenture and the Collateral Documents. All property of the Company and the Guarantors owned on the Issue Date (other than Excluded Property) shall be pledged as Collateral pursuant to Indenture, the Collateral Documents on and the Issue Date, and perfected with the priority intended to be granted thereby, subject, in the case of the Post-Closing Collateral Documents, to the provisions of Section 11.05Intercreditor Deeds.

Appears in 1 contract

Samples: Indenture (Virgin Media Inc.)

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