Collateral Agreement Sample Contracts

ARTICLE I
Collateral Agreement • August 14th, 2007 • Talon International, Inc. • Wholesale-apparel, piece goods & notions • New York
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Contract
Collateral Agreement • April 1st, 2011 • Aurora Technology Development, LLC • Services-offices & clinics of doctors of medicine

SUPPLEMENT No. 12 dated as of March 31, 2011 to the Guaranty and Collateral Agreement (the “Collateral Agreement”) dated as of February 21, 2008, among RADIATION THERAPY SERVICES HOLDINGS, INC., a Delaware corporation (“Parent”), RADIATION THERAPY SERVICES, INC., a Florida corporation (“Borrower”), each subsidiary of Borrower listed on Schedule I thereto (each such subsidiary individually a “Subsidiary Guarantor” and collectively, the “Subsidiary Guarantors”); the Subsidiary Guarantors and Borrower are referred to collectively herein as the “Grantors”) and WELLS FARGO BANK, N.A. (as successor to WACHOVIA BANK, NATIONAL ASSOCIATION), (“Wells”), as Collateral Agent (in such capacity, the “Collateral Agent”).

CREDIT AGREEMENT dated as of November 1, 2021 among SERVICEMAX, INC., as Borrower, The Lenders Party Hereto and MONROE CAPITAL MANAGEMENT ADVISORS LLC, as Administrative Agent and Collateral Agent MONROE CAPITAL MANAGEMENT ADVISORS LLC, as Sole Lead...
Collateral Agreement • November 4th, 2021 • Pathfinder Acquisition Corp • Services-prepackaged software • New York

CREDIT AGREEMENT, dated as of November 1, 2021 (this “Agreement”), among SERVICEMAX, INC., a Delaware corporation (the “Borrower”), the LENDERS party hereto and MONROE CAPITAL MANAGEMENT ADVISORS LLC, as Administrative Agent and Collateral Agent.

AMENDED AND RESTATED COLLATERAL AGREEMENT
Collateral Agreement • June 23rd, 2021 • National Instruments Corp • Services-prepackaged software • New York

AMENDED AND RESTATED COLLATERAL AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of June 18, 2021, by and among NATIONAL INSTRUMENTS CORPORATION, a Delaware corporation (the “Borrower”), and any Additional Grantor (as defined below) who may become party to this Agreement (such Additional Grantors, collectively with the Borrower, the “Grantors”), in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (in such capacity, the “Administrative Agent”) for the benefit of the Secured Parties.

COLLATERAL AGREEMENT
Collateral Agreement • March 5th, 2013 • Leucadia National Corp • Meat packing plants • New York

For value received, and in consideration of one or more loans, letters of credit or other financial accommodations extended by JPMORGAN CHASE BANK, N.A. or any of its subsidiaries or affiliates (the "Bank"), to the undersigned and/or Ian Cumming (the “Obligor”, and, if more than one, collectively, the “Obligor”), the undersigned and the Bank agree as follows:

COLLATERAL AGREEMENT
Collateral Agreement • October 22nd, 2013 • Innocent, Inc. • Wholesale-groceries & related products • Nevada

This Agreement (this "Agreement") is entered into by and between GLOBAL FINISHING INC., a Nevada corporation ("the assignor " ) its wholly owned subsidiary, an approved Ecuador Company ( Globalfinishing Ecuador S A) and INNOCENT INC., a Nevada Corporation ( " the assignee " ).

Contract
Collateral Agreement • July 7th, 2008 • Clearpoint Business Resources, Inc • Blank checks • New York

COLLATERAL AGREEMENT, dated as of June 20, 2008, by and among CLEARPOINT BUSINESS RESOURCES, INC., a Delaware corporation (the “Borrower”), the Subsidiaries of the Borrower executing this Agreement as named on the signature page hereto (the “Subsidiaries”), and any and all Additional Grantors who may become party to this Agreement (the Borrower, such Subsidiaries and such Additional Grantors are hereinafter referred to each as a “Grantor” and collectively as the “Grantors”), and COMVEST CAPITAL, LLC (the “Secured Party”) as Lender under the Revolving Credit and Term Loan Agreement of even date herewith (as same may be amended, modified, supplemented and/or restated from time to time, the “Loan Agreement”) by and between the Borrower and the Secured Party.

COLLATERAL AGREEMENT dated and effective as of June 6, 2017 among AP GAMING I, LLC, each Subsidiary Party party hereto and JEFFERIES FINANCE LLC, as Collateral Agent
Collateral Agreement • December 19th, 2017 • PlayAGS, Inc. • Miscellaneous manufacturing industries • New York

COLLATERAL AGREEMENT dated and effective as of June 6, 2017 (this “Agreement”), among AP GAMING I, LLC, a Delaware limited liability company (the “Borrower”), each Subsidiary of the Borrower listed on Schedule I hereto and each Subsidiary of the Borrower that becomes a party hereto (each, a “Subsidiary Party”) and JEFFERIES FINANCE LLC, as Collateral Agent (together with its successors and permitted assigns in such capacity, the “Agent”) for the Secured Parties (as defined below).

QUOTIENT LIMITED, ALBA BIOSCIENCE LIMITED, QBD (QS IP) LIMITED, QUOTIENT BIODIAGNOSTICS, INC., QUOTIENT SUISSE SA, QUOTIENT IBERIA, S.L.U.,
Collateral Agreement • February 22nd, 2023 • Quotient LTD • In vitro & in vivo diagnostic substances • New York

THIS COLLATERAL AGREEMENT (as amended, extended, renewed, restated, supplemented, waived or otherwise modified from time to time, this “Agreement”) is entered into as of February 16, 2023, by and among QUOTIENT HOLDINGS FINANCE COMPANY LIMITED, an exempted company incorporated under the laws of the Cayman Islands (the “Issuer”), QUOTIENT HOLDINGS MERGER COMPANY LIMITED, a company incorporated under the laws of Jersey (“MergerCo”), QUOTIENT LIMITED, a public limited liability no par value company formed under the laws of Jersey with an address at 28 Esplanade, St. Helier, JE2 3QA, Jersey, Channel Islands (“Quotient”), ALBA BIOSCIENCE LIMITED, a limited company formed under the law of Scotland (“Alba”), QBD (QS IP) Limited, a private limited liability company formed under the laws of Jersey (“QBD”), QUOTIENT BIODIAGNOSTICS, INC., a corporation formed under the law of Delaware (“Biodiagnostics”), QUOTIENT SUISSE SA, a société anonyme (joint stock company) formed under the law of Switzerla

AMENDED AND RESTATED COLLATERAL AGREEMENT among SUNTRUST BANKS, INC., THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (formerly known as The Bank of New York Trust Company, N.A.) as Collateral Agent, Custodial Agent, Securities Intermediary and...
Collateral Agreement • July 1st, 2009 • Suntrust Banks Inc • National commercial banks • New York

AMENDED AND RESTATED COLLATERAL AGREEMENT, dated as of June 26, 2009, among SUNTRUST BANKS, INC., a Georgia corporation (the “Company”), THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (formerly known as The Bank of New York Trust Company, N.A., and referred to herein as “The Bank of New York Mellon Trust Company”), as collateral agent (in such capacity, the “Collateral Agent”), as Custodial Agent (in such capacity, the “Custodial Agent”), as securities intermediary (as defined in Section 8-102(a)(14) of the UCC) with respect to the Collateral Account (in such capacity, the “Securities Intermediary”), and as securities registrar with respect to the Trust Preferred Securities (in such capacity, the “Securities Registrar”), and SUNTRUST PREFERRED CAPITAL I, a Delaware statutory trust (the “Issuer Trust”), acting through U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity but solely as Property Trustee on behalf of the Issuer Trust (in such capacity, the “Property Trustee”).

COLLATERAL AGREEMENT dated and effective as of February 8, 2017, among HEXION INC., as Issuer, each Subsidiary of the Issuer identified herein, WILMINGTON TRUST, NATIONAL ASSOCIATION, as Authorized Representative under the Indenture each additional...
Collateral Agreement • February 10th, 2017 • Hexion Inc. • Plastic materials, synth resins & nonvulcan elastomers • New York

COLLATERAL AGREEMENT, dated and effective as of February 8, 2017 (this “Agreement”), among HEXION INC., a New Jersey corporation (the “Issuer”), each Subsidiary of the Issuer listed on Schedule I and each Subsidiary of the Issuer that becomes a party hereto (each, a “Subsidiary Party”), WILMINGTON TRUST, NATIONAL ASSOCIATION, as trustee under the Indenture refered to herein (in such capacity, together with its successors and assigns in such capacity, the “Trustee”) and as Authorized Representative under the Indenture, each other Authorized Representative Party hereto from time to time with respect to any applicable Other Pari Passu Lien Obligations, and WILMINGTON TRUST, NATIONAL ASSOCIATION, as collateral agent (in such capacity, together with its successors and assigns in such capacity, the “Collateral Agent”) for the Secured Parties (as defined below).

COLLATERAL AGREEMENT dated and effective as of May 23, 2018, among EP ENERGY LLC, each Subsidiary of EP Energy LLC identified herein, and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Collateral Agent
Collateral Agreement • May 24th, 2018 • EP Energy Corp • Crude petroleum & natural gas • New York

This COLLATERAL AGREEMENT, dated and effective as of May 23, 2018 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), is among EP ENERGY LLC, a Delaware limited liability company (the “Issuer”), each Subsidiary of the Issuer listed on Schedule I hereto and each Subsidiary of the Issuer that becomes a party hereto after the date hereof (each, a “Subsidiary Party”) and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Collateral Agent (in such capacity, the “Agent” or the “Collateral Agent”) for the Secured Parties (as defined in Section 1.02 below).

COLLATERAL AGREEMENT Dated and effective as of November 27, 2018 among
Collateral Agreement • February 27th, 2020 • EVERTEC, Inc. • Services-computer processing & data preparation • New York

COLLATERAL AGREEMENT dated as of November 27, 2018 (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), among EVERTEC, Inc., a Commonwealth of Puerto Rico corporation (“Parent”), EVERTEC GROUP, LLC, a Commonwealth of Puerto Rico limited liability company (the “Borrower”), each Subsidiary of Parent that becomes a party hereto (each, a “Subsidiary Party”) and BANK OF AMERICA, N.A., as Collateral Agent (in such capacity, the “Agent”) for the Secured Parties (as defined below).

COLLATERAL AGREEMENT (FIRST LIEN) dated and effective as of August 30, 2019 among CEC ENTERTAINMENT, INC., as Borrower, each Subsidiary Loan Party party hereto and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Collateral Agent
Collateral Agreement • November 12th, 2019 • Cec Entertainment Inc • Retail-eating places • New York

COLLATERAL AGREEMENT (FIRST LIEN) dated and effective as of August 30, 2019, (this “Agreement”), is among CEC ENTERTAINMENT, INC. (together with its successors and assigns, the “Borrower”), each Subsidiary of the Borrower party hereto and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as collateral agent for the Secured Parties referred to herein (together with its successors and assigns in such capacity, the “Collateral Agent”).

COLLATERAL AGREEMENT (FIRST LIEN) dated and effective as of August 30, 2013, among Crestview DS Merger Sub II, Inc. (to be merged on the Closing Date with and into DS WATERS OF AMERICA, INC.), EACH SUBSIDIARY OF DS WATERS OF AMERICA, INC. IDENTIFIED...
Collateral Agreement • May 23rd, 2014 • DS Services of America, Inc. • Bottled & canned soft drinks & carbonated waters • New York

This COLLATERAL AGREEMENT (FIRST LIEN) dated and effective as of August 30, 2013 (as amended, renewed, extended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is among Crestview DS Merger Sub II, Inc., a Delaware corporation (to be merged on the Closing Date with and into DS WATERS OF AMERICA, INC., a Delaware corporation (the “Borrower”)), each subsidiary of the Borrower listed on Schedule I hereto and each such subsidiary that becomes a party hereto after the date hereof (each, a “Subsidiary Party”) and BARCLAYS BANK PLC (“Barclays”), as Collateral Agent for the benefit of the Secured Parties. Capitalized terms used but not defined in this preamble or the recitals have the meanings assigned to such terms in Section 1.02.

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Collateral Agreement • March 30th, 1998 • Dal Tile International Inc • Structural clay products • New York
COLLATERAL AGREEMENT DATED AS OF NOVEMBER 1, 2023 AMONG AQUESTIVE THERAPEUTICS, INC., as Issuer, THE OTHER GRANTORS FROM TIME TO TIME PARTY HERETO, U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee, and U.S. BANK TRUST COMPANY, NATIONAL...
Collateral Agreement • November 2nd, 2023 • Aquestive Therapeutics, Inc. • Pharmaceutical preparations • New York

This COLLATERAL AGREEMENT is entered into as of November 1, 2023 (as amended, extended, renewed, restated, supplemented, waived or otherwise modified from time to time, this “Agreement”) by and among AQUESTIVE THERAPEUTICS, INC., a Delaware corporation (the “Issuer” and a Grantor as defined below), any other GRANTOR from time to time party hereto, U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, in its capacity as trustee (and its successors under the Indenture (as defined below), in such capacity, the “Trustee”), and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, in its capacity as collateral agent for the Secured Parties (as defined below) (and its successors under the Indenture, in such capacity, the “Collateral Agent”).

COLLATERAL AGREEMENT dated as of August 26, 2011, among SMART Modular Technologies, Inc., THE OTHER GRANTORS PARTY HERETO and JPMORGAN CHASE BANK, N.A., as Administrative Agent
Collateral Agreement • April 28th, 2017 • SMART Global Holdings, Inc. • Semiconductors & related devices • New York

COLLATERAL AGREEMENT dated as of August 26, 2011 (this “Agreement”), among SMART Modular Technologies, Inc., SMART Modular Technologies (DE), Inc., and ConXtra, Inc., the other GRANTORS from time to time party hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent.

Supplement to the Collateral Agreement
Collateral Agreement • March 11th, 2019 • ADT Inc. • Services-detective, guard & armored car services

SUPPLEMENT NO. 2 (this “Supplement”), dated as of October 31, 2017, to the Collateral Agreement (First Lien) dated as of July 1, 2015 (as amended, restated, supplemented or otherwise modified from time to time, the “Collateral Agreement”), among PRIME SECURITY SERVICES BORROWER, LLC (the “Borrower”), each Subsidiary of the Borrower from time to time party thereto (each, a “Subsidiary Loan Party”) and BARCLAYS BANK PLC, as collateral agent (together with its successors and assigns in such capacity, the “Collateral Agent”) for the Secured Parties (as defined therein).

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COLLATERAL AGREEMENT among INVERSORA CARSO, S.A. DE C.V. (MEXICO) as Pledgor, U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent and 2017 MANDATORY EXCHANGEABLE TRUST Dated as of December 15, 2017
Collateral Agreement • February 2nd, 2018 • 2017 Mandatory Exchangeable Trust • New York

COLLATERAL AGREEMENT (this “Agreement”), dated as of December 15, 2017, among Inversora Carso, S.A. de C.V. (Mexico), a variable capital corporation (sociedad anónima de capital variable) organized under the laws of the United Mexican States (“Pledgor”), and U.S. Bank National Association, a national banking association, as collateral agent hereunder (the “Collateral Agent”) for the benefit of the 2017 Mandatory Exchangeable Trust, a trust organized under the laws of the State of New York under and by virtue of an Amended and Restated Trust Agreement, dated as of December 8, 2017 (such trust and the trustees thereof acting in their capacity as such being referred to in this Agreement as “Purchaser”), and Purchaser.

COLLATERAL AGREEMENT (SECOND LIEN) dated and effective as of October 6, 2017, by and among VICI PROPERTIES 1 LLC, VICI FC INC., each Subsidiary Party party hereto and UMB Bank, National Association, as Collateral Agent
Collateral Agreement • October 11th, 2017 • Vici Properties Inc. • Real estate investment trusts • New York

COLLATERAL AGREEMENT (SECOND LIEN) dated and effective as of October 6, 2017 (this “Agreement”), by and among VICI Properties 1 LLC, a Delaware limited liability company (“VICI Properties”), VICI FC Inc., a Delaware corporation (“Finco”, and collectively with VICI Properties, the “Issuers”), each Restricted Subsidiary of the Issuers listed on Schedule I hereto and each Subsidiary of the Issuers that becomes a party hereto (each, a “Subsidiary Party”) and UMB Bank, National Association, as Collateral Agent (together with its successors and assigns in such capacity, the “Agent”) for the Secured Parties (as defined below).

TEMPORARY SECURED DEMAND NOTE COLLATERAL AGREEMENT
Collateral Agreement • September 29th, 2020
COLLATERAL AGREEMENT
Collateral Agreement • January 26th, 2015 • American Media Inc • Newspapers: publishing or publishing & printing • New York

Reference is made to the Indenture dated as of January 20, 2015 (as further amended, supplemented or otherwise modified from time to time, the “Indenture”), by and among American Media, Inc. (the “Issuer”), the subsidiaries of the Issuer party thereto as guarantors, Wilmington Trust, National Association, as Trustee (together with its successors and assigns, in such capacity, the “Trustee”) and the Collateral Agent.

COLLATERAL AGREEMENT made by SCIENTIFIC GAMES CORPORATION, as Holdings, SCIENTIFIC GAMES INTERNATIONAL, INC., as the Issuer, and the Subsidiary Guarantors party hereto in favor of DEUTSCHE BANK TRUST COMPANY AMERICAS, as Collateral Agent Dated as of...
Collateral Agreement • February 14th, 2018 • Scientific Games Corp • Services-computer integrated systems design • New York

COLLATERAL AGREEMENT, dated as of February 14, 2018, made by each of the signatories hereto, in favor of Deutsche Bank Trust Company Americas, a New York banking corporation, as Collateral Agent (in such capacity, the “Collateral Agent”) for the Secured Parties (as hereinafter defined).

COLLATERAL AGREEMENT Dated as of January 7, 2015, among VERSO PAPER HOLDINGS LLC, as Company, each other PLEDGOR identified herein, and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Collateral Agent
Collateral Agreement • January 7th, 2015 • Verso Paper Holdings LLC • Converted paper & paperboard prods (no contaners/boxes) • New York

COLLATERAL AGREEMENT dated as of January 7, 2015 (this “Agreement”), among VERSO PAPER HOLDINGS LLC, a Delaware limited liability company (the “Company”), each Subsidiary of the Company identified on Schedule I or otherwise identified herein as a party (each, a “Subsidiary Party”), and Wilmington Trust, National Association, as collateral agent (in such capacity, together with any successor collateral agent, the “Collateral Agent”) for the Secured Parties (as defined below).

CHS/COMMUNITY HEALTH SYSTEMS, INC., as Issuer the GUARANTORS party hereto, REGIONS BANK, as Trustee AND REGIONS BANK, as Junior-Priority Collateral Agent, 6.125% Junior-Priority Secured Notes due 2030 INDENTURE Dated as of May 19, 2021
Collateral Agreement • May 20th, 2021 • Community Health Systems Inc • Services-general medical & surgical hospitals, nec • New York

INDENTURE dated as of May 19, 2021, among CHS/COMMUNITY HEALTH SYSTEMS, INC., a Delaware corporation, the Guarantors party hereto from time to time, REGIONS BANK, an Alabama banking corporation, as trustee, and REGIONS BANK, an Alabama banking corporation, as collateral agent.

Contract
Collateral Agreement • February 14th, 2018 • Reynolds Group Holdings LTD • Plastics, foil & coated paper bags

SUPPLEMENT NO. 41 (this “Supplement”) dated as of October 25, 2016 to the Collateral Agreement dated as of November 5, 2009 (the “Collateral Agreement”), among REYNOLDS GROUP HOLDINGS INC., a Delaware corporation (“RGHI”), REYNOLDS CONSUMER PRODUCTS HOLDINGS LLC, a Delaware limited liability company (“RCPH”), PACTIV LLC, a Delaware limited liability company (“Pactiv”), EVERGREEN PACKAGING INC., a Delaware corporation (“Evergreen”), REYNOLDS CONSUMER PRODUCTS LLC, a Delaware limited liability company (“RCPL”), CLOSURE SYSTEMS INTERNATIONAL INC., a Delaware corporation (“CSII”), GRAHAM PACKAGING COMPANY INC., a Delaware corporation (“Graham”), CLOSURE SYSTEMS INTERNATIONAL HOLDINGS LLC (“CSIH”), a Delaware limited liability company, BEVERAGE PACKAGING HOLDINGS (LUXEMBOURG) III S.À R.L., a Luxembourg private limited liability company (société à responsibilité limitée) (the “Luxembourg Borrower” and, together with CSIH, CSII, RCPL, RGHI, RCPH, Pactiv, Evergreen and Graham, the “U.S. Borrow

EX-10.10 10 d734898dex1010.htm EX-10.10 EXECUTION VERSION COLLATERAL AGREEMENT dated as of August 8, 2012, among BLUE PET PRODUCTS, INC., BLUE BUFFALO COMPANY, LTD., THE OTHER GRANTORS PARTY HERETO and CITIBANK, N.A., as Administrative Agent...
Collateral Agreement • May 5th, 2020 • New York

COLLATERAL AGREEMENT dated as of August 8, 2012 (this “Agreement”), among BLUE PET PRODUCTS, INC., a Delaware corporation, BLUE BUFFALO COMPANY, LTD., a Delaware corporation, the other GRANTORS from time to time party hereto and CITIBANK, N.A., as the administrative agent .

VERSO PAPER HOLDINGS LLC and VERSO PAPER INC. as Issuers, and the Guarantors named herein 11.75% Senior Secured Notes due 2019 INDENTURE Dated as of January 7, 2015 WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee
Collateral Agreement • January 7th, 2015 • Verso Paper Holdings LLC • Converted paper & paperboard prods (no contaners/boxes) • New York

INDENTURE dated as of January 7, 2015 among VERSO PAPER HOLDINGS LLC, a Delaware limited liability company (the “Company”), VERSO PAPER INC., a Delaware corporation (“Finance Co.” and, together with the Company, the “Issuers” and each an “Issuer”), the Guarantors (as defined herein) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”).

COLLATERAL AGREEMENT dated as of April 6, 2017, among AMERICAN AXLE & MANUFACTURING HOLDINGS, INC., AMERICAN AXLE & MANUFACTURING, INC., THE SUBSIDIARIES OF AMERICAN AXLE & MANUFACTURING HOLDINGS, INC. IDENTIFIED HEREIN and JPMORGAN CHASE BANK, N.A.,
Collateral Agreement • April 12th, 2017 • American Axle & Manufacturing Holdings Inc • Motor vehicle parts & accessories • New York

COLLATERAL AGREEMENT dated as of April 6, 2017 (this “Agreement”), among AMERICAN AXLE & MANUFACTURING HOLDINGS, INC., AMERICAN AXLE & MANUFACTURING, INC. and the SUBSIDIARIES identified herein and JPMORGAN CHASE BANK, N.A., as collateral agent (in such capacity, the “Collateral Agent”).

Amended and Restated Collateral Agreement among U.S. BANCORP, U.S. BANK NATIONAL ASSOCIATION, as Collateral Agent, Custodial Agent, Securities Intermediary and Securities Registrar and USB CAPITAL IX, acting through Wilmington Trust Company, as...
Collateral Agreement • June 10th, 2010 • Us Bancorp \De\ • National commercial banks • New York

Amended and Restated Collateral Agreement, dated as of June 10, 2010, among U.S. Bancorp, a Delaware corporation (the “Company”), U.S. Bank National Association, a national banking association organized under the laws of the United States (“USBNA”), as collateral agent (in such capacity, the “Collateral Agent”), as Custodial Agent (in such capacity, the “Custodial Agent”), as securities intermediary (as defined in Section 8-102(a)(14) of the UCC) with respect to the Collateral Account (in such capacity, the “Securities Intermediary”), and as securities registrar with respect to the Trust Preferred Securities (in such capacity, the “Securities Registrar”), and USB Capital IX, a Delaware statutory trust (the “Trust”), acting through Wilmington Trust Company, not in its individual capacity but solely as Property Trustee on behalf of the Trust (in such capacity, the “Property Trustee”).

COLLATERAL AGREEMENT Dated and effective as of August 1, 2014, among VERSO PAPER HOLDINGS LLC, VERSO PAPER INC., each Subsidiary of the Issuers identified herein, and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Collateral Agent
Collateral Agreement • August 7th, 2014 • Verso Paper Corp. • Paper mills • New York

COLLATERAL AGREEMENT dated and effective as of August 1, 2014 (this “Agreement”), among VERSO PAPER HOLDINGS LLC, a Delaware limited liability company (the “Company”), VERSO PAPER INC. (“Finance Co.” and, together with the Company, the “Issuers”), a Delaware corporation, each Subsidiary of the Issuers identified on Schedule I or otherwise identified herein as a party (each, a “Subsidiary Party”) and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Collateral Agent (in such capacity, the “Collateral Agent”) for the Secured Parties (as defined below).

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