Collateral Agent Agreement Sample Contracts

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COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • September 24th, 2009 • Advance Nanotech, Inc. • Measuring & controlling devices, nec • New York

COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of September 18 2009, among Ingalls & Snyder LLC (the "Collateral Agent"), and the parties identified on Schedule A hereto (each, individually, a "Lender" and collectively, the "Lenders"), who hold or will acquire a Senior Secured Note issued or to be issued by Advance Nanotech, Inc. ("Company"), a Delaware corporation, on, prior or after the date of this Agreement as described in the Security Agreement referred to in Section 1(a) below (the "Notes"). (Capitalized terms used but not defined herein shall have the meanings therefor set forth in the Security Agreement.)

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • November 4th, 2010 • China Yongxin Pharmaceuticals Inc. • Wholesale-drugs, proprietaries & druggists' sundries • New York

COLLATERAL AGENT AGREEMENT (this “Agreement”) dated as of January __, 2010, among Collateral Agents, LLC, a Delaware Limited Liability Company (the “Collateral Agent”), and the parties identified on Schedule 1 hereto (each, individually, a “Lender” and collectively, the “Lenders”), who hold or will acquire promissory Notes issued or to be issued by China Yongxin Pharmaceuticals, Inc., a Delaware corporation (“Parent”), and guaranteed by each of the entities identified on Schedule 2 hereto (each a “Guarantor” and together with Parent, each a “Debtor” and collectively, “Debtors”), on or about the date of this Agreement as described in the Security Agreement referred to in Section 1(a) below (collectively herein the “Notes”).

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • September 18th, 2020 • Vault Holding 1, LLC • Real estate • Delaware

This Collateral Agent Agreement (this “Agreement”), dated as of September 18, 2020, is entered into by and among iCap Vault 1, LLC, a Delaware limited liability company (“Issuer”), the holders of the Notes (defined below) who become a party hereto (the “Holders”), and Marketplace Realty Advisors, LLC, a Washington limited liability company, in its capacity as collateral agent, and any successor collateral agent (in such capacity “Agent”) for the Holders. Any party who acquires a Note (as defined below) shall, in accordance with the provisions of the Indenture, become bound by this Agreement in his/her/its capacity as Holder for all periods in which Holder carries an outstanding balance under a Note, to the same extent as if such party had originally executed this Agreement.

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • May 15th, 2012 • Rvue Holdings, Inc. • Services-advertising • Florida

This Collateral Agent Agreement (this “Agreement”) is made as May 11, 2012, by and among Theresa M. Roche, as the collateral agent (the “Collateral Agent”), and the secured noteholder of rVue Holdings, Inc., a Nevada corporation (the “Company”), identified on Schedule A hereto (the “Noteholder”).

EX-4.2 2 d591965dex42.htm EX-4.2 EXECUTION VERSION
Collateral Agent Agreement • May 5th, 2020 • New York

This FIRST AMENDMENT TO THE AMENDED AND RESTATED SEASPAN INVESTMENT PLEDGE AND COLLATERAL AGENT AGREEMENT (this “Amendment”), dated as of August 8, 2018 (amending and restating that certain Amended and Restated Seaspan Investment Pledge and Collateral Agent Agreement dated as of June 8, 2018 (the “Amended and Restated Pledge Agreement”)), is made among SEASPAN INVESTMENT I LTD. (“Seaspan Investment”), as grantor, pledger, assignor and debtor (together with any successor, the “Grantor”), and THE BANK OF NEW YORK MELLON, in its capacity as collateral agent (together with any successor in such capacity, the “Collateral Agent”).

COLLATERAL AGENT AGREEMENT dated as of June 18, 2009 by and among Nexxus Lighting, Inc. Jay Weil, as Collateral Agent and the Noteholders from time to time hereunder
Collateral Agent Agreement • June 22nd, 2009 • Nexxus Lighting, Inc. • Drawing & insulating of nonferrous wire • New York

This COLLATERAL AGENT AGREEMENT, dated as of June 18, 2009 (this “Agreement”), is entered into by and among Nexxus Lighting, Inc., a Delaware corporation (the “Company”), Jay Weil, as collateral agent (the “Collateral Agent”) and the undersigned holders of the Company’s Secured Promissory Notes Due January 2011 (the “Transaction Notes” or the “Notes”) (each such holder individually, a “Noteholder” and all such holders together with permitted assignees thereof, collectively, the “Noteholders”).

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • August 12th, 2010 • AeroGrow International, Inc. • Retail-building materials, hardware, garden supply • Colorado

COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of March 8, 2010 among [Placement Agent] (the "Collateral Agent"), and the parties identified on Schedule A hereto (each, individually, a "Lender" and collectively, the "Lenders"), who hold or will acquire convertible promissory notes issued or to be issued by AeroGrow International, Inc., a Nevada corporation (“AeroGrow”) at or about the date of this Agreement as described in the Security Agreement referred to in Section 1(a) below (collectively herein the “Notes").

Contract
Collateral Agent Agreement • September 4th, 2018 • Seaspan CORP • Deep sea foreign transportation of freight • New York

This SECOND AMENDMENT TO THE AMENDED AND RESTATED SEASPAN INVESTMENT PLEDGE AND COLLATERAL AGENT AGREEMENT (this “Amendment”), dated as of August 31, 2018 (amending and restating that certain Amended and Restated Seaspan Investment Pledge and Collateral Agent Agreement dated as of June 8, 2018 (the “Amended and Restated Pledge Agreement”)), is made among SEASPAN INVESTMENT I LTD. (“Seaspan Investment”), as grantor, pledger, assignor and debtor (together with any successor, the “Grantor”), and THE BANK OF NEW YORK MELLON, in its capacity as collateral agent (together with any successor in such capacity, the “Collateral Agent”).

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • December 2nd, 2008 • Wizzard Software Corp /Co • Services-prepackaged software • New York

COLLATERAL AGENT AGREEMENT (this “Agreement”) dated as of November ___, 2008, among Barbara R. Mittman (the “Collateral Agent”), and the parties identified on Schedule A hereto (each, individually, a “Lender” and collectively, the “Lenders”), who hold or will acquire promissory Notes issued or to be issued by Wizzard Software Corporation, a Colorado corporation (“Parent”), and Interim Healthcare of Wyoming, Inc., a Wyoming corporation (“Guarantor”), on the dates set forth on Schedule A hereto and at, about or after the date of this Agreement as described in the Security Agreement referred to in Section 1(a) below (collectively herein the “Notes”).

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • September 3rd, 2008 • Liberty Star Uranium & Metals Corp. • Metal mining • New York

COLLATERAL AGENT AGREEMENT (this “Agreement”) dated as of August 27, 2008, among Collateral Agents, LLC (the “Collateral Agent”), and the parties identified on Schedule A hereto (each, individually, a “Lender” and collectively, the “Lenders”), who hold or will acquire promissory Notes issued or to be issued by Liberty Star Uranium & Metals Corp., a Nevada corporation (“Parent”), and Big Chunk Corp., an Alaska corporation (“Guarantor”), on the dates set forth on Schedule A hereto and at, about or after the date of this Agreement as described in the Security Agreement referred to in Section 1(a) below (collectively herein the “Notes”).

FORM OF AMENDED AND RESTATED COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • March 16th, 2005 • Vendingdata Corp • Miscellaneous manufacturing industries • Nevada

THIS AMENDED AND RESTATED COLLATERAL AGENT AGREEMENT (this “Agreement”) is made and entered into as of the _____ day of March 2005 (the “Effective Date”), by and among VENDINGDATA CORPORATION, a Nevada corporation (“Debtor”), and PREMIER TRUST, INC., a Nevada corporation (the “Collateral Agent”) in its capacity as collateral agent and on behalf of the persons listed on Schedule A to this Agreement (the “Lenders”).

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • July 3rd, 2013 • True Drinks Holdings, Inc. • Medicinal chemicals & botanical products • New York

THIS COLLATERAL AGENT AGREEMENT (this “Agreement”) is made effective as of June 20, 2013, between Union Bank, N.A. or an affiliate thereof (“Collateral Agent”), True Drinks Holdings, Inc., corporation duly organized and validly existing under the laws of the State of Nevada (the “Debtor”) and each of the lenders set forth on the signature pages hereto (each a “Lender” and collectively the “Lenders”).

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • June 6th, 2005 • Energy & Engine Technology Corp • Airports, flying fields & airport terminal services • New York

COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of April ___, 2005, among Barbara R. Mittman (the "Collateral Agent"), and the parties identified on Schedule A hereto (each, individually, a "Lender" and collectively, the "Lenders"), who hold or will acquire convertible promissory notes issued and to be issued by Energy & Engine Technology Corporation (“Debtor”), a Nevada corporation, at about or prior to the date of this Agreement as described in the Security Agreements referred to in Section 1(a) below (collectively herein the “Notes").

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • July 20th, 2023 • Code Green Apparel Corp • Gold and silver ores • Texas

This Collateral Agent Agreement (the “Agreement”) is entered into as of April 26, 2023, by and among Steel Sporran, LLC, a Texas limited liability company (“Collateral Agent”), and the parties identified on Schedule A hereto, as such may be amended to include such other parties who become parties hereto and sign this Agreement (each, individually, a “Lender,” and, collectively, the “Lenders”), who hold or will acquire senior secured promissory notes issued or to be issued by Code Green Apparel Corp., a Nevada corporation (the “Company”), at or about the date of this Agreement and in the future upon the occurrence of certain events as described in the Security Agreement referred to below (collectively herein, the “Senior Notes”).

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • July 25th, 2007 • Irvine Sensors Corp/De/ • Semiconductors & related devices • New York

COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of July 19, 2007, among S. Michael Rudolph (the "Collateral Agent"), and Longview Fund, L.P. and Alpha Capital Anstalt (each, individually, a "Lender" and collectively, the "Lenders"), which have loaned funds and will loan further funds pursuant to (i) that certain Term Loan and Security Agreement (“Term Loan Agreement”; all terms used and not defined herein are used as defined in the Term Loan Agreement), by and among Irvine Sensors Corporation (“Irvine Sensors” or “Debtor” or “Borrower”), a corporation incorporated pursuant to the laws of the State of Delaware, and the Lenders, dated December 29, 2006, (ii) those certain Series 1 Senior Subordinated Secured Convertible Notes dated December 30, 2005 and Series 2 Senior Subordinated Secured Convertible Notes dated December 30, 2005 (collectively, the “Notes”), originally issued by Irvine Sensors pursuant to that certain Securities Purchase Agreement dated as of December 30, 2005 by

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • August 19th, 2013 • Rackwise, Inc. • Services-prepackaged software • New York

COLLATERAL AGENT AGREEMENT (this “Agreement”) dated as of June 11, 2013, among Greg Bloom, as collateral agent (the “Collateral Agent”), the parties identified on the signature pages hereto, as lenders (each, individually, a “Lender” and collectively, the “Lenders”), and Rackwise, Inc., a Nevada corporation, as borrower (the “Borrower”).

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Collateral Agent Agreement • November 10th, 2020 • Atlas Corp. • Deep sea foreign transportation of freight • New York

This THIRD AMENDMENT TO THE AMENDED AND RESTATED SEASPAN INVESTMENT PLEDGE AND COLLATERAL AGENT AGREEMENT (this “Amendment”), dated as of July 15, 2020 (amending that certain Amended and Restated Seaspan Investment Pledge and Collateral Agent Agreement dated as of June 8, 2018 (as amended to the date hereof, the “Amended and Restated Pledge Agreement”)), is made among SEASPAN INVESTMENT I LTD. (“Seaspan Investment”), as grantor, pledger, assignor and debtor (together with any successor, the “Grantor”), and THE BANK OF NEW YORK MELLON, in its capacity as collateral agent (together with any successor in such capacity, the “Collateral Agent”).

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • April 11th, 2008 • Attitude Drinks Inc. • Beverages • New York

COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of October 23, 2007, among Barbara R. Mittman (the "Collateral Agent"), and the parties identified on Schedule A hereto (each, individually, a "Lender" and collectively, the "Lenders"), who hold or will acquire promissory Notes issued or to be issued by Attitude Drinks Inc. (“Parent”), a Delaware corporation, at or about the date of this Agreement and subsequent to the date of this Agreement as described in the Security Agreement referred to in Section 1(a) below (collectively herein the “Notes").

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COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • December 16th, 2008 • Irvine Sensors Corp/De/ • Semiconductors & related devices • New York

WHEREAS, Lenders have loaned funds pursuant to (i) that certain Term Loan and Security Agreement (“Term Loan Agreement”) by and among Irvine Sensors Corporation (“Irvine Sensors” or “Debtor” or “Borrower”), a corporation incorporated pursuant to the laws of the State of Delaware, and the Lenders, dated December 29, 2006, (ii) those certain Series 1 Senior Subordinated Secured Convertible Notes dated December 30, 2005 and Series 2 Senior Subordinated Secured Convertible Notes dated December 30, 2005 (collectively, the “Notes”), originally issued by Irvine Sensors pursuant to that certain Securities Purchase Agreement dated as of December 30, 2005 by and among Irvine Sensors and the purchasers named therein, and subsequently assigned by the original holders of the Notes to the Lenders pursuant to that certain Assignment of Series 1 and Series 2 Senior Subordinated Secured Convertible Notes, dated December 29, 2006, (iii) a Secured Promissory Note (“July 2007 Secured Promissory Note”) iss

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • December 6th, 2017 • MAGELLAN GOLD Corp • Metal mining • Colorado

COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of _________________, 2017, among ___________________ (the "Collateral Agent"), and the undersigned Lenders (each individually, a "Lender" and collectively, the "Lenders"), who hold or will acquire Notes issued or to be issued by MAGELLAN GOLD CORPORATION, a Nevada corporation (“Debtor” or the “Company”), at or about the date of this Agreement (collectively herein the “Notes").

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • June 20th, 2007 • General Components, Inc. • Services-business services, nec • New York

COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of June 15, 2007, among Peter Benz (the "Collateral Agent"), and the parties identified on Schedule A hereto (each, individually, a "Lender" and collectively, the "Lenders"), who hold or will acquire promissory Notes issued or to be issued by Hi-Tech Wealth Inc. (“Parent”), a Nevada corporation, at or about the date of this Agreement as described in the Security Agreement referred to in Section 1(a) below (collectively herein the “Notes").

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • April 21st, 2009 • Advance Nanotech, Inc. • Measuring & controlling devices, nec • New York

COLLATERAL AGENT AGREEMENT (this “Agreement”) dated as of April 9, 2009, among Axiom Capital Management, Inc. (the “Collateral Agent”), and the parties identified on Schedule A hereto (each, individually, a “Lender” and collectively, the “Lenders”), who hold or will acquire a Senior Secured Note issued or to be issued by Advance Nanotech, Inc. (“Company”), a Delaware corporation, at or about the date of this Agreement as described in the Security Agreement referred to in Section 1(a) below (the “Note”).

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • November 19th, 2007 • Global Realty Development Corp • Real estate

The undersigned, Gary W. Pollack, Esq., personal attorney for Roy Sciacca will act as collateral agent in regards to the items on Exhibit “B” to the February 22, Beach Boys Memorabilia Purchase Agreement entered into between Roy Sciacca and Focus.

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • December 16th, 2011 • Rvue Holdings, Inc. • Services-advertising • Florida

This Collateral Agent Agreement (this “Agreement”) is made as of the 12th day of December, 2011, by and among David A. Loppert, as the collateral agent (the “Collateral Agent”), and the secured noteholders of rVue Holdings, Inc., a Nevada corporation (the “Company”), identified on Schedule A hereto (the “Noteholders”).

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • November 21st, 2007 • Tasker Products Corp • Perfumes, cosmetics & other toilet preparations • New York

COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of December ___, 2007, among Axiom Capital Management, Inc. (the "Collateral Agent"), and the parties identified on Schedule A hereto (each, individually, a "Lender" and collectively, the "Lenders"), who hold or will acquire promissory Notes issued or to be issued by Tasker Products Corp. (“Parent”), a Delaware corporation, at or about the date of this Agreement as described in the Security Agreement referred to in Section 1(a) below (collectively herein the “Notes").

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • September 3rd, 2009 • Mesa Energy Holdings, Inc. • Metal mining • New York

COLLATERAL AGENT AGREEMENT (this “Agreement”) dated as of August 31, 2009, among Collateral Agents, LLC (the “Collateral Agent”), and the parties identified on Schedule A hereto (each, individually, a “Lender” and collectively, the “Lenders”), who hold or will acquire promissory Notes issued or to be issued by Mesa Energy Holdings, Inc., a Delaware corporation (“Parent”), and Mesa Energy, Inc., a Nevada corporation, Mesa Energy Operating LLC, a Texas limited liability company (each a “Guarantor” and together with Parent, each a “Debtor” and collectively, “Debtors”), on the dates set forth on Schedule A hereto and at, about or after the date of this Agreement as described in the Security Agreement referred to in Section 1(a) below (collectively herein the “Notes”).

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • July 15th, 2009 • China Cablecom Holdings, Ltd. • Cable & other pay television services • New York

COLLATERAL AGENT AGREEMENT (this “Agreement”) dated as of May 8, 2008, among Collateral Agents, LLC, a Delaware Limited Liability Company (the “Collateral Agent”), and the parties identified on Schedule A hereto (each, individually, a “Lender” and collectively, the “Lenders”), who hold or will acquire promissory Notes issued or to be issued by China Cablecom Holdings, Ltd. (“Parent”), a British Virgin Islands company, and China Cablecom Ltd., a British Virgin Islands company (“Guarantor”), as set forth on Schedule A hereto and at or about the date of this Agreement as described in the Security Agreement referred to in Section 1(a) below (collectively herein the “Notes”).

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • December 6th, 2004 • Blastgard International Inc • Services-business services, nec • New York

COLLATERAL AGENT AGREEMENT (this “Agreement”) dated as of December 2, 2004, among Barbara R. Mittman (the “Collateral Agent”), and the parties identified on Schedule A hereto (each, individually, a “Lender” and collectively, the “Lenders”), who hold or will acquire secured convertible notes issued or to be issued by BlastGard International, Inc. (“BlastGard”), a Colorado corporation, at or about the date of this Agreement and in the future upon the occurrence of certain events as described in the Security Agreements referred to in Section 1(a) below (collectively herein the “Notes”).

COLLATERAL AGENT AGREEMENT
Collateral Agent Agreement • January 14th, 2020
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