The Security Agreement. Congoleum granted to the Collateral Trustee a security interest in the Asbestos Insurance Collateral (as defined in the Collateral Trust Agreement), which consists generally of (i) all of Congoleum's claims, causes of action and rights to receive payment from its insurers for its benefit to satisfy claims against it, net of certain fees and expenses, and (ii) the proceeds of any of the above, net of certain fees and expenses. The Asbestos Insurance Collateral secures all of the Secured Asbestos Claims. Upon the creation of the Plan Trust, the Collateral Trustee will release the security interest in the Asbestos Insurance Collateral granted by the Security Agreement.
The Security Agreement. The security interest granted pursuant to this Trademark Security Agreement is granted in conjunction with the security interest granted to the Collateral Agent pursuant to the Security Agreement and Grantor hereby acknowledges and affirms that the rights and remedies of the Collateral Agent with respect to the security interest in the Trademarks made and granted hereby are more fully set forth in the Security Agreement. In the event that any provision of this Trademark Security Agreement is deemed to conflict with the Security Agreement, the provisions of the Security Agreement shall control unless the Collateral Agent shall otherwise determine.
The Security Agreement. The provisions of the Security Agreement will be effective to maintain in favor of Softbank a valid, binding and enforceable, security interest or lien in all right, title and interest of OptiMark in all material parts of the Collateral, and shall constitute a first priority, perfected security interest or lien in all right, title and interest of OptiMark in all material parts of such Collateral.
The Security Agreement. The Security Agreement shall create a security interest in the goods, chattels and all other personal property included in this sale and all other personal property acquired after the closing by Purchaser and used in connection with the business, together with all proceeds thereof and all increases, substitutions, replacements and additions thereto. Purchaser agrees to perfect the security interest of the Security Agreement by executing and delivering to Seller appropriate Financing Statements and extensions and renewals thereof, in accordance with the provisions of the Uniform Commercial Code, and all other instruments or documents as may be reasonably requested by Seller. All filing fees in connection therewith shall be paid by Purchaser.
The Security Agreement. The payment of the Note is secured by all of the assets of Borrower pursuant to that certain Security Agreement dated as of the Closing Date between Borrower, as debtor, and Lender, as secured party (the "Security Agreement"), substantially in the form of EXHIBIT "B" annexed hereto and made a part hereof.
The Security Agreement. A security interest in the Equipment given by the Borrower to the Department under a security agreement of even date herewith (the "Security Agreement"), the terms and provisions of which are incorporated herein by reference thereto and made a part hereof. The Security Agreement shall be dated the date of the Note and shall create a first lien upon the Equipment.
The Security Agreement. As collateral security to secure payment and performance by the Tirri Group of the Make Whole Obligations set forth in Section 5.6, the Parent and the Asset Owners obligation to indemnify the Purchaser, Arrow and others pursuant to Article VIII hereof, Parent and Stockholders' obligation to indemnify the Purchaser and Arrow pursuant to Article VIII of the Stock Purchase Agreement, on the Closing Date, the Tirri Group shall grant to the Purchaser a first priority Lien and security interest in and to the Additional Assets designated as the DC8-62 (Registration No. N8974U), DC8-63F (Registration No. N345JW) and DC10-30F PP-VMU (Registration No. 47842), all pursuant to the terms and conditions of the Mortgage and Security Agreement, in the form of Exhibit D annexed hereto and made a part hereof (the "Security Agreement"), The Security Agreement shall terminate as provided in Section 8.4(c) hereof.