Collateral Agent Agreement Sample Contracts

Seaspan Corporation – Amended and Restated Seaspan Investment Pledge and Collateral Agent Agreement (June 11th, 2018)

This AMENDED AND RESTATED SEASPAN INVESTMENT PLEDGE AND COLLATERAL AGENT AGREEMENT (as amended, amended and restated, supplemented or otherwise modified from time to time in accordance with the provisions hereof, this Agreement), dated as of June 8, 2018 (amending and restating that certain Seaspan Investment Pledge Agreement, dated as of March 26, 2018 (the Original Pledge Agreement), made by and between Seaspan Investment I Ltd. (Seaspan Investment), as grantor, pledgor, assignor and debtor, in favor of The Bank of New York Mellon (BNY Mellon), as Trustee (as defined below) for the benefit of the Existing Holders (as defined below)), is made by and among Seaspan Investment, as grantor, pledgor, assignor and debtor (together with any successor, the Grantor), BNY Mellon, in its capacity as collateral agent (together with any successor in such capacity, the Collateral Agent) for the Secured Parties (as defined below), Seaspan Corporation, a corporation duly organized and existing under

MAGELLAN GOLD Corp – Collateral Agent Agreement (December 6th, 2017)

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").

Quantumsphere, Inc. – Intercreditor and Collateral Agent Agreement (June 13th, 2016)

THIS INTERCREDITOR AND COLLATERAL AGENT AGREEMENT (this "Agreement"), is entered into as of June 8, 2016 by and among QuantumSphere, Inc., a Nevada corporation ("Borrower"), FirstFire Global Opportunities Fund LLC (the "Collateral Agent"), and each of the secured parties whose name appears on the signature pages to this Agreement (individually, a "Secured Party" and, collectively, the "Secured Parties").

Collateral Agent Agreement (August 19th, 2013)

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").

Instanet – Collateral Agent Agreement (July 3rd, 2013)

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").

NdB Energy – Collateral Agent Agreement (December 11th, 2012)

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").

Rvue Holdings, Inc. – Collateral Agent Agreement (May 15th, 2012)

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").

Rvue Holdings, Inc. – Collateral Agent Agreement (February 1st, 2012)

This Collateral Agent Agreement (this "Agreement") is made as of the 27th day of January, 2012, 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").

Rvue Holdings, Inc. – Collateral Agent Agreement (December 16th, 2011)

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 (November 4th, 2010)

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 (August 12th, 2010)

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").

Collateral Agent Agreement (August 3rd, 2010)

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 (January 26th, 2010)

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").

Advance Nanotech – Collateral Agent Agreement (September 24th, 2009)

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.)

Mesa Energy Holdings, Inc. – Collateral Agent Agreement (September 3rd, 2009)

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").

China Cablecom Holdings Ltd – Collateral Agent Agreement (July 15th, 2009)

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").

Nexxus Lighting Inc – Collateral Agent Agreement (June 22nd, 2009)

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 Companys 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).

Advance Nanotech – Collateral Agent Agreement (April 21st, 2009)

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 (December 16th, 2008)

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) issued to Longv

Balanced Living – Collateral Agent Agreement (December 2nd, 2008)

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).

September 18, 2008 Barbara R. Mittman Grushko & Mittman, P.C. Attorneys at Law (September 29th, 2008)
Liberty Star Uranium & Metals Corp. – Collateral Agent Agreement (September 3rd, 2008)

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).

Nexxus Lighting Inc – Collateral Agent Agreement (July 2nd, 2008)

This COLLATERAL AGENT AGREEMENT, dated as of June 26, 2008 (this Agreement), is entered into by and among Nexxus Lighting, Inc., a Delaware corporation (the Company), Jay Weil, as collateral agent (the Agent) and undersigned holders of the Companys Secured Promissory Notes Due December 2009 (the Transaction Notes) (each such holder individually, a Noteholder and all such holders together with permitted assignees thereof, collectively, the Noteholders).

Attitude Drinks Inc. – Collateral Agent Agreement (April 11th, 2008)

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").

Collateral Agent Agreement (November 19th, 2007)

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.

Pay88 – Collateral Agent Agreement (September 18th, 2007)

COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of September 12, 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 Pay88, Inc. ("Parent"), a Nevada 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").

Franklin Towers Enterprises – Collateral Agent Agreement (September 18th, 2007)

COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of September 12, 2007, among Eliezer Drew (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 Franklin Towers Enterprises 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 (July 25th, 2007)

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 and among

Pro Active Solutions – Collateral Agent Agreement (June 20th, 2007)

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").

Inrob Tech Ltd. – Collateral Agent Agreement (March 30th, 2007)

COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of March ___, 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 convertible promissory notes issued or to be issued by Inrob Tech Ltd. ("Debtor"), a Nevada corporation, at or about the date of this Agreement as described in the Security Agreement and Stock Pledge Agreement referred to in Section 1(a) below (collectively herein the "Notes").

Aprecia Inc – Collateral Agent Agreement (December 27th, 2006)

COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of March 10, 2006, among Michael Hartstein (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 debentures issued or to be issued by Aprecia Inc. ("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 "Debenture").

Ustelematics Inc – Exhibit F COLLATERAL AGENT AGREEMENT (December 15th, 2006)

COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of December 7, 2006, 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 9% Secured Convertible Debentures due December 7, 2008 issued or to be issued by USTelematics, Inc. ("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 "Debentures").

Stem Cell Innovations – Contract (November 22nd, 2006)

Exhibit 10.3 COLLATERAL AGENT AGREEMENT -------------------------- COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of November 16, 2006, 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 Stem Cell Innovations, Inc. ("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"). WHEREAS, the Lenders have made, are making and will be making loans to Parent to be secured by certain collateral; and WHEREAS, it is desirable to provide for the orderly administration of such collateral by requiring each Lender to appoint the Collateral Agent, and the Collateral Agent has agreed to accept such appointment a

Inrob Tech Ltd. – Collateral Agent Agreement (November 21st, 2006)

COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of November ___, 2006, 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 or to be issued by Inrob Tech Ltd. ("Debtor"), a Nevada corporation, at or about the date of this Agreement as described in the Security Agreement and Stock Pledge Agreement referred to in Section 1(a) below (collectively herein the "Notes").

Aprecia Inc – Collateral Agent Agreement (November 13th, 2006)

COLLATERAL AGENT AGREEMENT (this "Agreement") dated as of March 10, 2006, among Michael Hartstein (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 debentures issued or to be issued by Aprecia Inc. ("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 "Debenture").