Bank Priority Collateral means any and all properties, rights and assets of Borrower described on Exhibit B, but excluding the Creditor Priority Collateral.
Bank Priority Collateral means (a) all assets constituting personal property (whether tangible or intangible), now owned or hereafter acquired by the Company or any Guarantor or in which the Company or any Guarantor now or in the future has an interest and including, without limitation, all equity interests in subsidiaries and proceeds thereof but excluding the Note Priority Collateral and (b) the equity of the Company and proceeds thereof, provided, however, Bank Priority Collateral shall not include Bank Excluded Assets.
Bank Priority Collateral with respect to each Grantor, all such Grantor’s now existing or hereinafter arising (i) Inventory, (ii) Receivables, (iii) any and all Instruments, Documents, Chattel Paper (including Electronic Chattel Paper) and other contracts, in each case evidencing or substituted for any Receivable, (iv) guarantees, Supporting Obligations, Letter-of-Credit Rights, security and other credit enhancements for the Receivables, (v) documents of title for any Inventory, (vi) claims and causes of action in any way relating to any of the Receivables or Inventory, (vii) Deposit Accounts, including lockbox and securities accounts, into which any proceeds of Receivables or Inventory are deposited (including all cash, cash equivalents, Financial Assets and other funds on deposit therein or credited thereto) but only with respect to and including such Proceeds of Bank Priority Collateral, (viii) rights to any Goods represented by any of the foregoing, including rights to returned, reclaimed or repossessed Goods, (ix) reserves and credit balances arising in connection with or pursuant thereto, (x) unpaid seller’s or lessor’s rights (including rescission, replevin, reclamation, repossession and stoppage in transit) relating to the foregoing or arising therefrom; (xi) insurance policies or rights relating to any of the foregoing, (xii) General Intangibles pertaining to any and all of the foregoing (including all rights to payment, including those arising in connection with bank and non-bank credit cards), (xiii) promissory notes, deposits or property of Account Debtors securing the obligations of any such Account Debtors to the Bank Secured Parties or any one of them and (xiv) all books and records (and any electronic media and software related thereto) pertaining to any of the foregoing, and all substitutions, replacements, Accessions, products or Proceeds (including, without limitation, insurance proceeds, cash and cash equivalents) of any of the foregoing; provided, however, that any Collateral, regardless of type, received in connection with an Asset Disposition or Asset Swap of Bank Priority Collateral or otherwise in exchange for Bank Priority Collateral pursuant to the terms of the Note Indenture shall be treated as Bank Priority Collateral under this Agreement, the Note Security Agreement and the Bank Security Agreements; provided, further, that any Collateral of the type that constitutes Bank Priority Collateral, if received in connection with an Asset Disposition or Asset...
Examples of Bank Priority Collateral in a sentence
No amendment of the Creditor Loan Documents shall directly or indirectly modify the provisions of this Agreement in any manner that might terminate or impair the subordination of the security interest or lien that Creditor may have in the Bank Priority Collateral.
In conducting any public or private sale under the UCC of the Bank Priority Collateral, Bank shall give Creditor such notice of such sale as may be required by the UCC.
If Creditor, for any reason, receives Bank Priority Collateral and receives a written notice from Bank that an Event of Default has occurred under the Bank Loan Documents and a demand for possession of the Bank Priority Collateral, Creditor shall promptly deliver any such Bank Priority Collateral in Creditor’s possession to Bank.
The Note Agent, on behalf of the Note Claimholders, hereby irrevocably, absolutely, and unconditionally waives any and all rights or powers any Note Claimholder may have at any time under applicable law or otherwise to have the Bank Priority Collateral, or any part thereof, marshaled upon any foreclosure or other enforcement of the Bank Agent’s Liens.
Except as otherwise provided for herein, prior to Bank Payment in Full, Bank shall have the sole and exclusive right to restrict or permit, or approve or disapprove, the sale, transfer or other disposition of Bank Priority Collateral of Borrower except in accordance with the terms of the Bank Debt.
More Definitions of Bank Priority Collateral
Bank Priority Collateral means (a) all Receivables and Receivables Related Collateral (as defined in the Intercreditor Agreement); (b) all Inventory; (c) all Contract Rights relating to or arising out of Receivables or Inventory; (d) all General Intangibles, including all Proprietary Rights; (e) all Tax Refund Claims; (f) all documents of title, policies and certificates of insurance, securities, chattel paper and other documents and instruments evidencing or pertaining to any and all items of Bank Priority Collateral identified in the other clauses of this definition; (g) all of the Obligors' demand, time, savings, passbook, money market or like depository accounts, and certificates of deposit, maintained with a bank, savings and loan association, credit union or like organization; (h) the Logo Athletic Notes; and (i) any and all products and proceeds of the foregoing (including any claim to any item referred to in this definition, and any claim against any third party for loss of, damage to or destruction of any or all of the Bank Priority Collateral, or for proceeds payable under, or unearned premiums with respect to, policies of insurance with respect to Bank Priority Collateral) in whatever form, including cash, negotiable instruments and other instruments for the payment of money, investment property, chattel paper, security agreements and other documents.
Bank Priority Collateral means any and all properties, rights and assets of Borrower described on Exhibit B, but excluding the Creditor Priority Collateral. (a) “ Bankruptcy Code ” means the federal bankruptcy law of the United States as from time to time in effect, currently as Title 11 of the United States Code. Section references to current sections of the Bankruptcy Code shall refer to comparable sections of any revised version thereof if section numbering is changed. (b) “ Claim ” means, (i) in the case of Bank, any and all present and future “claims” (used in its broadest sense, as contemplated by and defined in Section 101(5) of the Bankruptcy Code, but without regard to whether such claim would be disallowed under the Bankruptcy Code) of Bank now or hereafter arising or existing under or relating to the Bank Loan Documents, whether joint, several, or joint and several, whether fixed or indeterminate, due or not yet due, contingent or non-contingent, matured or unmatured, liquidated or unliquidated, or disputed or undisputed, whether under a guaranty or a letter of credit, and whether arising under contract, in tort, by law, or otherwise, any interest or fees thereon (including interest or fees that accrue after the filing of a petition by or against Borrower under the Bankruptcy Code, irrespective of whether allowable under the Bankruptcy Code), any costs of Enforcement Actions, including reasonable attorneys’ fees and costs, and any prepayment or termination, and (ii) in the case of Creditor, any and all present and future “claims” (used in its broadest sense, as contemplated by and defined in Section 101(5) of the Bankruptcy Code, but without regard to whether such claim would be disallowed under the Bankruptcy Code) of Creditor now or hereafter arising or existing under or relating to the Creditor Loan Documents, whether joint, several, or joint and several, whether fixed or indeterminate, due or not yet due, contingent or non-contingent, matured or unmatured, liquidated or unliquidated, or disputed or undisputed, whether under a guaranty or a letter of credit, and whether arising under contract, in tort, by law, or otherwise, any interest or fees thereon (including interest or fees that accrue after the filing of a petition by or against Borrower under the Bankruptcy Code, irrespective of whether allowable under the Bankruptcy Code), any costs of Enforcement Actions, including reasonable attorneys’ fees and costs, and any prepayment or termination.
Bank Priority Collateral means the following property which constitutes Bank Collateral: (i) Specified Gold Jewelry, (ii) Bank Sale Proceeds, (iii) Post Default Bank Proceeds, and (iv) Cash Deposits.
Bank Priority Collateral means (a) all Receivables and Receivables Related Collateral; (b) all Inventory; (c) all Contract Rights relating to or arising out of Receivables or Inventory; (d) all General Intangibles, including all Proprietary Rights; (e) all Tax Refund Claims; (f) all documents of title, policies and certificates of insurance, securities, chattel paper and other documents and instruments evidencing or pertaining to any and all items of Bank Priority Collateral identified in the other clauses of this definition; (g) all of Obligors' demand, time, savings, passbook, money market or like depository accounts, and certificates of deposit, maintained with a bank, savings and loan association, credit union or like organization; and (h) any and all products and proceeds of the foregoing (including any claim to any item referred to in this definition, and any claim against any third party for loss of, damage to or destruction of any or all of the Bank Priority Collateral, or for proceeds payable under, or unearned premiums with respect to, policies of insurance with respect to Bank Priority Collateral) in whatever form, including cash, negotiable instruments and other instruments for the payment of money, investment property, chattel paper, security agreements and other documents.
Bank Priority Collateral means the following assets of each Grantor:
Bank Priority Collateral means (a) all Receivables and Receivables Related Collateral (as defined in the Intercreditor Agreement); (b) all Inventory; (c) all Contract Rights relating to or arising out of Receivables or Inventory; (d) all General Intangibles, including all Proprietary Rights; (e) all Tax Refund Claims; (f) all documents of title, policies and certificates of insurance, securities, chattel paper and other documents and instruments evidencing or pertaining to any and all items of Bank Priority Collateral identified in the other clauses of this definition; (g) all of the Obligors' demand, time, savings, passbook, money market or like depository accounts, and certificates of deposit, maintained with a bank, savings and loan association, credit union or like organization; and (h) any and all products and proceeds of the foregoing (including any claim to any item referred to in this definition, and any claim against any third party for loss of, damage to or destruction of any or all of the Bank Priority Collateral, or for proceeds payable under, or unearned premiums with respect to, policies of insurance with respect to Bank Priority Collateral) in whatever form, including cash, negotiable instruments and other instruments for the payment of money, investment property, chattel paper, security agreements and other documents
Bank Priority Collateral means all of the property in which the Bank Agent is now or hereafter granted a security interest, other than the Securitization Priority Collateral. "SECURITIZATION PRIORITY COLLATERAL" means all of the Subsidiary Receivables, Contributed Assets, Collections of such Subsidiary Receivables and Contributed Assets, each Lock -Box, each Collection Account, all Related Security, all other rights and payments relating thereto and all proceeds thereof, (as defined herein or in the Receivables Purchase Agreement), other than the Reconveyed Assets and the Repurchased Assets and the related security and proceeds thereof. ACCORDINGLY, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL COVENANTS HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS FOLLOWS: