Common use of The Security Documents Clause in Contracts

The Security Documents. (a) Each Security Document heretofore delivered grants, and each Security Document hereafter delivered when delivered will ▇▇▇▇▇ ▇ ▇▇▇▇ in the properties or rights intended to be covered thereby (the “Collateral”) which (i) will constitute a valid and enforceable security interest under the Uniform Commercial Code of the State (x) in which the Collateral is located and (y) by which any Security Document is governed (as applicable, the “UCC”), (ii) will be entitled to all of the rights, benefits and priorities provided by the UCC, and (iii) when such Security Documents or financing statements with respect thereto are filed and recorded as required by the UCC, will be superior and prior to the rights of all third Persons now existing or hereafter arising whether by way of mortgage, pledge, lien, security interest, encumbrance or otherwise, except for Permitted Liens, and will provide Agent and Lenders the Requisite Priority. All such action as is necessary in law has been taken, or prior to the Effective Date will have been taken, to establish and perfect the security interest of Agent and Lenders in the Collateral and to entitle Lenders or Agent on behalf of Lenders to exercise the rights and remedies provided in each of the Security Documents and the UCC, as applicable, and no filing, recording, registration or giving of notice or other action is required in connection therewith except such as has been made or given or will have been made or given prior to such dates. All filing and other fees and all recording or other tax payable with respect to the recording of any of the Security Documents and UCC financing statements have been paid or provided for. (b) In furtherance (and not in limitation) of Section 10.30(a), after giving effect to the Pledge Agreements and Security Agreements listed on Schedule 10.30(b), each Borrower and each Primary Obligor will have granted Agent a Lien of the Requisite Priority on

Appears in 1 contract

Sources: Subordinated Delayed Draw Credit Agreement (Firstcity Financial Corp)

The Security Documents. (a) Each Security Document heretofore delivered grants, and each Security Document hereafter delivered when delivered will ▇▇▇▇▇ ▇ ▇▇▇▇ grants a Lien as set forth therein in the properties or rights intended to be covered thereby (the “Collateral”"COLLATERAL") which (i) will constitute constitutes a valid and enforceable security interest under the Uniform Commercial Code of the State (x) in which the Collateral is located and (y) by which any Security Document is governed (as applicable, the "UCC"), (ii) will be is entitled to all of the rights, benefits and priorities provided by the UCC, and (iii) when such Security Documents or financing statements with respect thereto are filed and recorded as required by the UCC, will be is superior and prior to the rights of all third Persons now existing or hereafter arising whether by way of mortgage, pledge, lien, security interest, encumbrance or otherwise, except for (A) Permitted Liens, (B) Liens for tax assessments, levies or governmental charges not yet due, (C) Liens permitted by any of the following clauses of Section 8.2(iii): (d), (g), (i) and will provide (m), and (D) Liens permitted by clauses (a) and (c) of Section 8.2(iii) but only if and to the extent that the relevant statute granting such liens provides that such Liens would "prime" the Liens of the Banks and the Agent and Lenders under the Requisite PrioritySecurity Documents. All such action as is necessary in law has been taken, or prior to the Effective Date will have been taken, taken to establish and perfect the security interest of the Agent and Lenders the Banks in the Collateral and to entitle Lenders the Banks or the Agent on behalf of Lenders the Banks to exercise the rights and remedies provided in each of the Security Documents and the UCC, as applicable, and no filing, recording, registration or giving of notice or other action is required in connection therewith except such as has been made or given or will have been made or given prior to such datesgiven. All filing and other fees and all recording or other tax payable with respect to the recording of any of the Security Documents and UCC financing statements have been paid or provided for. (b) In furtherance (and not in limitation) of Section 10.30(a), after giving effect to the Pledge Agreements and Security Agreements listed on Schedule 10.30(b), each Borrower and each Primary Obligor will have granted Agent a Lien of the Requisite Priority on

Appears in 1 contract

Sources: Loan Agreement (Family Christian Stores Inc)

The Security Documents. (a) Each Security Document heretofore delivered grants, and each Security Document hereafter delivered when delivered will ▇▇▇▇▇ ▇ ▇▇▇▇ in the properties or rights intended to be covered thereby (the "Collateral") which (i) will constitute a valid and enforceable security interest under the Uniform Commercial Code of the State (x) in which the Collateral is located and (y) by which any Security Document is governed (as applicable, the "UCC"), (ii) will be entitled to all of the rights, benefits and priorities provided by the UCC, and (iii) when such Security Documents or financing statements with respect thereto are filed and recorded as required by the UCC, will be superior and prior to the rights of all third Persons now existing or hereafter arising whether by way of mortgage, pledge, lien, security interest, encumbrance or otherwise, except for Permitted Liens, and will provide Agent and Lenders the Requisite Priority. All such action as is necessary in law has been taken, or prior to the Effective Date will have been taken, to establish and perfect the security interest of Agent and Lenders in the Collateral and to entitle Lenders or Agent on behalf of Lenders to exercise the rights and remedies provided in each of the Security Documents and the UCC, as applicable, and no filing, recording, registration or giving of notice or other action is required in connection therewith except such as has been made or given or will have been made or given prior to such dates. All filing and other fees and all recording or other tax payable with respect to the recording of any of the Security Documents and UCC financing statements have been paid or provided for. (b) In furtherance (and not in limitation) of Section 10.30(a), after giving effect to the Pledge Agreements and Security Agreements listed on Schedule 10.30(b), each Borrower and each Primary Obligor will have granted Agent a Lien of the Requisite Priority onon (x) each Pledged Note and on each other note, instrument or other evidence of indebtedness, other than any Excluded Note, in which it has any right, title or interest; and (y) each Equity Interest, other than Equity Interests in Excluded Entities, in which it has any right, title or interest, including, without limitation, each Equity Interest issued to it by any Portfolio Entity acquiring any Asset Pool.

Appears in 1 contract

Sources: Revolving Credit Agreement (Firstcity Financial Corp)

The Security Documents. (a) Each Security Document heretofore delivered grants, and each Security Document hereafter delivered when delivered will ▇▇▇▇▇ ▇ ▇▇▇▇ in the properties or rights intended to be covered thereby (the “Collateral”) which (i) will constitute a valid and enforceable security interest under the Uniform Commercial Code of the State (x) in which the Collateral is located and (y) by which any Security Document is governed (as applicable, the “UCC”), (ii) will be entitled to all of the rights, benefits and priorities provided by the UCC, and (iii) when such Security Documents or financing statements with respect thereto are filed and recorded as required by the UCC, will be superior and prior to the rights of all third Persons now existing or hereafter arising whether by way of mortgage, pledge, lien, security interest, encumbrance or otherwise, except for Permitted Liens, and will provide Agent and Lenders the Requisite Priorityfirst priority. All such action as is necessary in law has been taken, or prior to the Effective Date will have been taken, to establish and perfect the security interest of Agent and Lenders in the Collateral and to entitle Lenders or Agent on behalf of Lenders to exercise the rights and remedies provided in each of the Security Documents and the UCC, as applicable, and no filing, recording, registration or giving of notice or other action is required in connection therewith except such as has been made or given or will have been made or given prior to such dates. All filing and other fees and all recording or other tax payable with respect to the recording of any of the Security Documents and UCC financing statements have been paid or provided for. (b) In furtherance (and not in limitation) of Section 10.30(a), after giving effect to the Pledge Agreements and Security Agreements listed on Schedule 10.30(b), each Borrower and each Primary Obligor will have granted Collateral Agent a Lien of the Requisite Priority onfirst priority on (x) each Pledged Note and on each other note, instrument or other evidence of indebtedness, other than any Excluded Note, in which it has any right, title or interest; and (y) each Equity Interest, other than Equity Interests in Excluded Entities, in which it has any right, title or interest, including, without limitation, each Equity Interest issued to it by any Portfolio Entity acquiring any Asset Pool.

Appears in 1 contract

Sources: Reducing Note Facility Agreement (Firstcity Financial Corp)

The Security Documents. (a) Each Security Document heretofore delivered grants, and each Security Document hereafter delivered when delivered will ▇▇▇▇▇ ▇ ▇▇▇▇ grant a security interest or lien in the properties or rights intended to be covered thereby (the "Collateral") which (i) will constitute a valid and enforceable security interest under (A) the Uniform Commercial Code of the State (x) in which the Collateral is located and (y) by which any Security Document is governed (as applicable, the "UCC"), or (B) as to Security Documents governed by English law, the applicable provisions of English law (the "UK Statutes"); (ii) will be entitled to all of the rights, benefits and priorities provided by (A) the UCCUCC or (B) as to those Security Documents governed by English law, the UK Statutes; and (iii) when such Security Documents or financing statements with respect thereto are filed and recorded as required by the UCCUCC (or, will be superior in the case of those Security Documents governed by English law, duly registered pursuant to the Companies Act 1985, the Land Registration Act 1925 and the Land Charges Act (▇▇▇▇), as appropriate), w▇▇▇ ▇▇ ▇uperior and prior to the rights of all third Persons now existing or hereafter arising under the laws of the US, the UK and any subdivision of either (based on the laws in effect, and any laws already passed but not yet in effect, on the date on which such representation is being made) whether by way of mortgage, pledge, lien, security interest, encumbrance or otherwise, otherwise except for Permitted Liens, Liens and will provide Agent and Lenders the Requisite Priorityother Liens referred to in Section 8.2(g). All such action as is necessary in law has been taken, or prior to the Effective Closing Date will have been takentaken (except as otherwise contemplated by Section 7.20 hereof), to establish and perfect the security interest of the Agent and Lenders the Banks in the Collateral and to entitle Lenders the Banks or the Agent on behalf of Lenders the Banks to exercise the rights and remedies provided in each of the Security Documents and the UCCUCC or the UK Statutes, as applicable, and (except as specified in the first parenthetical of clause (iii) above) no filing, recording, registration or giving of notice or other action is required in connection therewith except such as has been made or given or will have been made or given prior to such datesdate (except as otherwise contemplated by Section 7.20 hereof). All filing and other fees and all mortgage recording or other tax payable with respect to the recording of any of the Security Documents and UCC financing statements (and any analogous UK documents) have been paid or provided forfor or will have been so paid or provided for on or prior to the Closing Date. (b) In furtherance The Security Documents, whether made before, on or after the Amendment Effective Date secure or guarantee, as the case may be, all Loans whether made before, on or after the Amendment Effective Date. No amendments need to be made in any of the Security Documents, nor does any action need to be taken, to effectuate the provisions of the preceding sentence other than amendments being made (and not in limitation) of Section 10.30(aif any), after giving effect to the Pledge Agreements and Security Agreements listed on Schedule 10.30(baction being taken (if any), each Borrower and each Primary Obligor will have granted Agent a Lien of on the Requisite Priority onAmendment Effective Date pursuant to Sections 12.14 hereof.

Appears in 1 contract

Sources: Loan Agreement (Xanser Corp)

The Security Documents. (a) Each Security Document heretofore delivered grants, and each Security Document hereafter delivered when delivered will g▇▇▇▇ ▇ ▇▇▇▇ in the properties or rights intended to be covered thereby (the “Collateral”) which (i) will constitute a valid and enforceable security interest under the Uniform Commercial Code of the State (x) in which the Collateral is located and (y) by which any Security Document is governed (as applicable, the “UCC”), (ii) will be entitled to all of the rights, benefits and priorities provided by the UCC, and (iii) when such Security Documents or financing statements with respect thereto are filed and recorded as required by the UCC, will be superior and prior to the rights of all third Persons now existing or hereafter arising whether by way of mortgage, pledge, lien, security interest, encumbrance or otherwise, except for Permitted Liens, and will provide Agent and Lenders the Requisite Priority. All such action as is necessary in law has been taken, or prior to the Effective Date will have been taken, to establish and perfect the security interest of Agent and Lenders in the Collateral and to entitle Lenders or Agent on behalf of Lenders to exercise the rights and remedies provided in each of the Security Documents and the UCC, as applicable, and no filing, recording, registration or giving of notice or other action is required in connection therewith except such as has been made or given or will have been made or given prior to such dates. All filing and other fees and all recording or other tax payable with respect to the recording of any of the Security Documents and UCC financing statements have been paid or provided for. (b) In furtherance (and not in limitation) of Section 10.30(a), after giving effect to the Pledge Agreements and Security Agreements listed on Schedule 10.30(b), each Borrower and each Primary Obligor will have granted Agent a Lien of the Requisite Priority on

Appears in 1 contract

Sources: Revolving Credit Agreement (Firstcity Financial Corp)