ABL Facility Collateral definition

ABL Facility Collateral means all assets and properties subject to Liens created by the ABL Security Documents to secure the ABL Debt Obligations.

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ABL Facility Collateral will consist of all present and after-acquired inventory, accounts receivable, related contracts and other rights, deposit accounts into which proceeds of the foregoing are credited and books and records related thereto, together with all proceeds of the foregoing, in each case to the extent of the rights, title and interest therein of any “Borrower” under the ABL Facility.

ABL Facility Collateral has the meaning given to such term in the ABL Intercreditor Agreement.

Examples of ABL Facility Collateral in a sentence

• No Senior First-Priority Collateral Agent shall be obligated to follow instructions from the ABL Facility Collateral Agent in contravention of this Agreement.

• The ABL Facility Collateral Agent shall not be obligated to follow instructions from any Senior First-Priority Collateral Agent in contravention of this Agreement.

• SECTION 2.03 Each party to this Agreement (other than the New Collateral Agent) confirms the acceptance of the New Collateral Agent as an ABL Facility Collateral Agent for purposes of the Intercreditor Agreement.

• None of the ABL Facility Collateral Agent, the Applicable First-Lien Agent, the First-Lien Collateral Agent, the Other First-Priority Lien Obligations Representatives or the Other First-Priority Lien Obligations Collateral Agents shall have individual liability to any Person if it shall mistakenly pay over or distribute to any Secured Party (or Grantor) any amounts in violation of the terms of this Agreement, so long as such Person is acting in good faith and without gross negligence or willful misconduct.

• The 180 day license periods shall be tolled during the pendency of any Insolvency or Liquidation Proceeding of any Grantor pursuant to which the ABL Facility Collateral Agent is effectively stayed from enforcing its rights and remedies with respect to the ABL Facility Priority Collateral.

• If the ABL Facility Collateral Agent or any ABL Facility Secured Party shall, at any time, receive any Proceeds of any such Insurance policy or any such award or payment in contravention of this Section 3.4(b), it shall pay such Proceeds over to the Directing Term Loan Collateral Agent in accordance with the terms of Section 3.3.

• The ABL Facility Secured Parties shall be deemed to have irrevocably appointed the ABL Facility Collateral Agent as their exclusive agent hereunder.

• The ABL Facility Collateral Agent, on behalf of itself and the other ABL Facility Secured Parties, acknowledges and agrees that the Term Loan Collateral Agent and the Term Loan Secured Parties have made no express or implied representation or warranty, including with respect to the execution, validity, legality, completeness, collectability or enforceability of any of the Term Loan Documents, the ownership of any Collateral or the perfection or priority of any Liens thereon.

• SECTION 2.04 [ ] is acting in its capacity as ABL Facility Collateral Agent solely for the Secured Parties under [ ].

• The Term Loan Collateral Agent, on behalf of itself and the other Term Loan Secured Parties, and the ABL Facility Collateral Agent, on behalf of itself and the other ABL Facility Secured Parties, hereby irrevocably waives any defense based on the adequacy of a remedy at law and any other defense which might be asserted to bar the remedy of specific performance in any action which may be brought by the Directing Term Loan Collateral Agent or the ABL Facility Collateral Agent, as the case may be.

More Definitions of ABL Facility Collateral

ABL Facility Collateral means any and all present and future right, title and interest of the Borrowers in and to the following, whether now owned or hereafter acquired, existing or arising, and wherever located: (a) all accounts, chattel paper and other Receivables; (b) all Inventory; (c) all Restricted Accounts, including all funds credited thereto or deposited therein; (d) to the extent evidencing, governing, securing or otherwise related to the items referred to in the preceding clauses (a), (b) and (c) of this definition, all related contracts, contract rights, documents (including bills of lading with respect to High Seas Inventory), instruments and other evidences of indebtedness, payment intangibles, letter-of-credit rights and other supporting obligations and other claims or causes of action; (e) all books and records relating to the foregoing; and (f) all proceeds of any and all of the foregoing (including commercial tort claims constituting proceeds). Terms used in the foregoing definition which are defined in the UCC and not otherwise defined in this Agreement have the meanings specified in the UCC.

ABL Facility Collateral has the meaning given to such term in the ABL Intercreditor Agreement. - 1- “ABL Intercreditor Agreement” means an intercreditor agreement substantially in the form of Exhibit J-2 (which agreement in such form or with immaterial changes thereto the Collateral Agent is authorized to enter into) among Holdings I, the Borrower, the Subsidiaries of the Borrower from time to time party thereto, the Collateral Agent, the ABL Collateral Agent and one or more collateral agents or representatives for the holders of Indebtedness that is permitted under Section 7.03 to be, and intended to be, secured on a pari passu basis with the Liens securing the Obligations. “ABL Lender” means any lender or holder or agent or arranger of Indebtedness under the ABL Credit Agreement. “ABL Priority Collateral” has the meaning given to such term in the ABL Intercreditor Agreement. “Acceptable Discount” has the meaning set forth in Section 2.05(a)(v)(D)(2). “Acceptable Prepayment Amount” has the meaning set forth in Section 2.05(a)(v)(D)(3). “Acceptance and Prepayment Notice” means a notice of the Borrower’s acceptance of the Acceptable Discount in substantially the form of Exhibit M-3. “Acceptance Date” has the meaning set forth in Section 2.05(a)(v)(D)(2). “Acquired EBITDA” means, with respect to any Acquired Entity or Business or any Converted Restricted Subsidiary for any period, the amount for such period of Consolidated EBITDA of such Acquired Entity or Business or Converted Restricted Subsidiary (determined as if references to the Borrower and the Restricted Subsidiaries in the definition of Consolidated EBITDA were references to such Acquired Entity or Business and its Subsidiaries or to such Converted Restricted Subsidiary and its Subsidiaries), as applicable, all as determined on a consolidated basis for such Acquired Entity or Business or Converted Restricted Subsidiary, as applicable. “Acquired Entity or Business” has the meaning set forth in the definition of the term “Consolidated EBITDA.” “Acquisition” means the acquisition by Omaha Acquisition Inc., directly or indirectly, of all of the outstanding class A and class B shares of the Company on the terms and subject to the conditions set forth in the Purchase Agreement. “Additional B-3 Dollar Term Commitments” means, with respect to the Additional B-3 Dollar Term Lender, its commitment to make an Initial B-3 Dollar Term Loan on the Amendment No. 4 Effective Date in an amount equal to $272,077,056.06 (which amount represe...

ABL Facility Collateral means any and all present and future right, title and interest of the Borrowers in and to the following, whether now owned or hereafter acquired, ex- isting or arising, and wherever located: (a) all accounts, chattel paper and other Receivables (as defined under the ABL Credit Agreement); (b) all Inventory; (c) all Restricted Accounts (as de- fined under the ABL Credit Agreement), including all funds credited thereto or deposited therein, and all related instruments and other evidences of indebtedness; (d) to the extent evi- dencing, governing, securing or otherwise related to the items referred to in the preceding clauses (a), (b) and (c) of this definition, all related contracts, contract rights, documents, payment intan- gibles and other claims or causes of action; (e) all books and records relating to the foregoing; and (f) all proceeds of any and all of the foregoing; provided that (x) any of the foregoing consti- tuting identifiable Proceeds of Notes Collateral shall be deemed Notes Collateral, (y) any con- tract rights, claims, supporting obligations or other general intangibles primarily relating to Notes Collateral or rights of payment primarily related to Notes Collateral shall be deemed Notes Col- lateral to the extent of such assets primarily related to Notes Collateral and (z) for the avoidance of doubt, Intellectual Property and Pledged Equity Interests and Pledged Debt shall be deemed Notes Collateral. Terms used in the foregoing definition which are defined in the UCC and not otherwise defined in this Agreement have the meanings specified in the UCC.

ABL Facility Collateral means all of the assets of Horsehead or any ABL Facility Guarantor, whether now owned or hereafter existing and whether real, personal or mixed, with respect to which a Lien is granted or held as security for both the ABL Facility Claims and the Obligations under the Senior Secured Notes Indenture and including, without limitation, all proceeds and products thereof.

ABL Facility Collateral means all assets and properties subject to Liens created by the ABL Security Documents to secure the ABL Debt Obligations. “ABL First Lien Collateral” means all present and future right, title and interest of the Grantors in and to the following types of ABL Facility Collateral, whether now owned or hereafter acquired, existing or arising, and wherever located: (a) (i) accounts (including credit card receivables) and (ii) all other rights to payment arising from services rendered or from the sale, lease, use or other disposition of inventory, whether such rights to payment constitute payment intangibles, letter-of-credit rights or any other classification of property, or are evidenced in whole or in part by instruments, chattel paper or documents; (b) inventory and documents relating to inventory;

ABL Facility Collateral means, collectively, (a) all assets of Borrower and (b) all assets of each Guarantor other than the Collateral.