Undertaking to Grant Fixed Charge Security Sample Clauses

Undertaking to Grant Fixed Charge Security. At the request of the Agent made at any time after a Default or an Event of Default has occurred and is continuing, the Borrower will forthwith grant and cause each other Harvest Party to grant to the Agent a fixed charge in all or any of the Borrower's or any other Harvest Party's material assets.
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Undertaking to Grant Fixed Charge Security. If the Lenders, acting reasonably, determine in their sole discretion that there has been a Material Adverse Effect (which for purposes of this Section 3.6 may include the occurrence of a Borrowing Base Shortfall) and the Lenders consider it necessary for their adequate protection, the Borrower, at the request of the Agent, will forthwith grant or cause to be granted to the Agent for the benefit of the Agent and the Lenders a fixed Lien (subject only to Permitted Encumbrances which under applicable Law rank in priority thereto) in such of the Borrower’s or any Material Subsidiary’s property as the Agent will, in its sole discretion, determine as security for all then present and future Indebtedness of the Borrower to the Agent and the Lenders under the Credit Facilities. In this connection, the Borrower will:
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Undertaking to Grant Fixed Charge Security. If the Lenders determine in their sole discretion, but acting in good faith, that there have occurred any facts or circumstances which have had a Material Adverse Effect (which for purposes of this Section 9.3 may include the occurrence of a Borrowing Base Shortfall that has not been remedied in the manner contemplated by Section 5.4(d)) and the Lenders consider it necessary for their adequate protection, the Borrower, at the request of the Agent, shall forthwith grant or cause to be granted to the Agent for the benefit of (A) the Agent and the Lenders under this Agreement, (B) the Swap Lenders under the Lender Risk Management Agreements, and (C) BNS, as lender under the Operating Credit Agreement, a first ranking fixed mortgage and charge (subject only to Permitted Encumbrances) in and against such of the Borrower's property or the property of any Guarantors which own any Hydrocarbon Properties or any other material assets which are not already subject to a fixed charge comprising a part of the Security, as the Agent shall, in its sole discretion, determine, as security for all then present and future Obligations, Lender Risk Management Obligations and Operating Obligations. In this connection, the Borrower shall:
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Undertaking to Grant Fixed Charge Security. If (a) the Majority Lenders, acting reasonably, determine that there has been a Material Adverse Effect, a Borrowing Base Shortfall or a Default or Event of Default has occurred and is continuing and the Majority Lenders consider it necessary for their adequate protection; (b) the Agent has received an opinion of its counsel of a change in applicable Law or a change in accepted prudent registration practice in the applicable jurisdiction; or (c) as required by the terms of the Intercreditor Agreement, the Borrower will forthwith grant or cause to be granted to the Collateral Trustee, for its benefit and for the benefit of, inter alios, the Lender Secured Parties, a fixed charge in all or any of the Borrower’s and each Loan Party’s property (including any After-Acquired Property). Until such time, registrations in respect of the Security against individual oil and gas properties and other real property will not be required to be made by the Borrower.
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Undertaking to Grant Fixed Charge Security. If Lenders, acting reasonably, determine in their sole discretion that it is necessary for their adequate protection, Borrower, at the request of Agent, will forthwith grant or cause to be granted to Agent for the benefit of Agent and Lenders a further fixed Lien (subject only to Permitted Encumbrances which under applicable law rank in priority thereto) in such of Borrower's property as Agent will, in its sole discretion, determine as security for all then present and future Indebtedness of Borrower to Agent and Lenders under the Loan. In this connection, Borrower will:
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Undertaking to Grant Fixed Charge Security. The Borrower will forthwith after request from the Administrative Agent (as directed by the Required Lenders) made at a time when an Event of Default has occurred and is continuing grant or cause to be granted to the Administrative Agent, for its benefit and for the benefit of the Lenders a fixed charge in all or any of its real property (including any After-Acquired Property which comprise such real property).
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Undertaking to Grant Fixed Charge Security. If the Lenders, acting reasonably, determine in their sole discretion that there has been a Material Adverse Effect and the Lenders consider it necessary for their adequate protection, each Loan Party, at the request of the Agent, will forthwith grant or cause to be granted to the Agent for the benefit of the Agent, the Lenders and the Swap Lenders, a fixed Lien (subject only to Permitted Encumbrances which under applicable Law rank in priority thereto) in such of the Loan Parties’ property as the Agent, in its sole discretion, determines as security for all of the Loan Parties’ then present and future Obligations of the Borrower to the Agent and the Lenders under the Term Facility and to the Swap Lenders in connection with any Swap Indebtedness. In connection with the foregoing, each applicable Loan Party will:‌‌
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Related to Undertaking to Grant Fixed Charge Security

  • Right of Court to Require Filing of Undertaking to Pay Costs All parties to this Indenture agree, and each Holder of any Security by his acceptance thereof shall be deemed to have agreed, that any court may in its discretion require, in any suit for the enforcement of any right or remedy under this Indenture or in any suit against the Trustee for any action taken, suffered or omitted by it as Trustee, the filing by any party litigant in such suit of an undertaking to pay the costs of such suit, and that such court may in its discretion assess reasonable costs, including reasonable attorneys’ fees and expenses, against any party litigant in such suit, having due regard to the merits and good faith of the claims or defenses made by such party litigant; but the provisions of this section shall not apply to any suit instituted by the Trustee, to any suit instituted by any Securityholder or group of Securityholders of any series holding in the aggregate more than 10% in aggregate principal amount of the Securities of such series, or, in the case of any suit relating to or arising under clauses 4.01(c) or 4.01(f) (if the suit relates to Securities of more than one but less than all series), 10% in aggregate principal amount of Securities Outstanding affected thereby, or in the case of any suit relating to or arising under clauses 4.01(c) or 4.01(f) (if the suit relates to all the Securities then Outstanding), 4.01(d) or 4.01(e), 10% in aggregate principal amount of all Securities Outstanding, or to any suit instituted by any Securityholder for the enforcement of the payment of the principal of or interest on any Security on or after the due date expressed in such Security.

  • Grant of Security and Secured Obligations SECTION 3.1. Pledge; Grant of Security Interest 9 SECTION 3.2. Secured Obligations 10 SECTION 3.3. Security Interest 10

  • Covenant to Guarantee Obligations and Give Security At the Borrower’s expense, take all action necessary or reasonably requested by the Administrative Agent to ensure that the Collateral and Guarantee Requirement continues to be satisfied, including:

  • Supplement to the Security Agreement The security interests granted to the Collateral Agent herein are granted in furtherance, and not in limitation of, the security interests granted to the Collateral Agent pursuant to the Security Agreement. Each Grantor hereby acknowledges and affirms that the rights and remedies of the Collateral Agent with respect to the Copyright Collateral are more fully set forth in the Security Agreement, the terms and provisions of which are hereby incorporated herein by reference as if fully set forth herein. In the event of any conflict between the terms of this Agreement and the Security Agreement, the terms of the Security Agreement shall govern.

  • 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.

  • Mandatory Delivery; Grant of Security Interest The sale and delivery on the related Closing Date of the Mortgage Loans described on the related Mortgage Loan Schedule is mandatory from and after the date of the execution of the related Purchase Price and Terms Agreement, it being specifically understood and agreed that each Mortgage Loan is unique and identifiable on the date hereof and that an award of money damages would be insufficient to compensate the Purchaser for the losses and damages incurred by the Purchaser (including damages to prospective purchasers of the Mortgage Loans) in the event of the Seller's failure to deliver (i) each of the related Mortgage Loans or (ii) one or more Qualified Substitute Mortgage Loans or (iii) one or more Mortgage Loans otherwise acceptable to the Purchaser on or before the related Closing Date. The Seller hereby grants to the Purchaser a lien on and a continuing security interest in each Mortgage Loan and each document and instrument evidencing each such Mortgage Loan to secure the performance by the Seller of its obligations under the related Purchase Price and Terms Agreement, and the Seller agrees that it shall hold such Mortgage Loans in custody for the Purchaser subject to the Purchaser's (a) right to reject any Mortgage Loan (or Qualified Substitute Mortgage Loan) under the terms of this Agreement and to require another Mortgage Loan (or Qualified Substitute Mortgage Loan) to be substituted therefor, and (b) obligation to pay the Purchase Price for the Mortgage Loans. All rights and remedies of the Purchaser under this Agreement are distinct from, and cumulative with, any other rights or remedies under this Agreement or afforded by law or equity and all such rights and remedies may be exercised concurrently, independently or successively.

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