Collateral General Terms. 4.1 To secure the prompt payment to Lender of Borrower's Liabilities and the prompt, full and faithful performance by Borrower of Borrower's Obligations, Borrower hereby grants to Lender a security interest in and to, and assigns and pledges to Lender, all of Borrower's now existing and/or owned and hereafter arising and/or acquired: (a) Real Property of Borrower, now owned or hereafter acquired and all rights and interests therein, including, without limitation, all land and buildings, structures and other improvements and chattels now on such real estate or hereafter erected or placed thereon, all mineral, oil and gas rights, all shrubbery, trees and crops and/or produce growing, grown or produced thereon, all air, water and riparian rights, whether or not appurtenant, all water stock, all easements, tenements, hereditaments, appurtenances, all rights in any abutting public or private streets and alleys and submerged land (the "Real Property"); (b) notes, assignments of rents, mortgages, deeds of trust, deeds to secure debt, security agreements, chattel mortgages, financing statements, and similar items described in Paragraphs 7.1 and 7.2 hereof (collectively, "Loan Packages"); (c) all of Borrower's Partnership Interests, (including, without limitation, all of Borrower's Partnership Interests in all of those partnerships listed on Exhibit B); (d) accounts, chattel paper, contract rights, leases and rental income thereunder, leasehold interests, rents, letters of credit, instruments and documents ("Accounts"), and all goods whose sale, lease or other disposition by Borrower have given rise to Accounts and have been returned to or repossessed or stopped in transit by Borrower; (e) all patents, copyrights and trademarks, and all applications for and registrations of the foregoing, all franchise rights, tradenames, goodwill, beneficial interests, rights to tax refunds and all other general intangibles of any kind or nature whatsoever ("General Intangibles"); (f) all inventory of Borrower, wherever located, whether intransit, held by others for Borrower's account, covered by warehouse receipts, purchase orders and contracts, or in the possession of any carriers, forwarding agents, truckers, warehousemen, vendors or other Persons, including, without limitation, all raw materials, work in process, finished merchandise, supplies, goods, incidentals, office supplies and packaging materials ("Inventory"); (g) goods (other than Inventory), machinery, equipment, veh...
Collateral General Terms. 2.01 To secure the prompt, full and faithful performance to Secured Party of Borrower’s Obligations, Debtor grants to Secured Party a security interest in and to, and pledges and assigns to Secured Party, all of the following, now owned and hereafter acquired by Debtor and/or Debtor’s customers (referred to individually and/or collectively as the “Collateral”): all right, title, share and interest in, to and under (a) the securities account listed on Schedule I attached hereto and incorporated by reference (the “Collateral Account”); (b) those shares of stock, securities, security entitlements, and/or financial assets, together with any and all distributions, whether in cash or in kind, upon or in connection therewith, whether such distributions or payments are dividends, are in partial or complete liquidation, or are the result of reclassification, readjustment or other changes in the capital structure of the Person issuing the same, or otherwise, and any and all subscriptions, warrants, options and other rights issued upon and/or in connection therewith (collectively, the “Securities”), in each case, as deposited or held in or transferred or credited to or carried in the Collateral Account from time to time; (c) any and all monies, reserves, deposits, certificates of deposit and deposit accounts and interest or dividends, securities, investment property, cash, cash equivalents and other property now or at any time or times hereafter in the possession or under the control of Secured Party, its parent, Subsidiaries or Affiliates or its bailee; (c) any and all accessions to any of the Collateral and all substitutions, renewals, improvements and replacements of and additions thereto; and (d) all proceeds of the foregoing (whether in the form of cash, proceeds of insurance policies, instruments, documents, general intangibles, contract rights, accounts, chattel paper, or otherwise). Notwithstanding anything to the contrary, “Collateral” shall not include any (i) deposit accounts or securities accounts holding solely assets that have been segregated for the exclusive benefit of Debtor’s customers or such segregated assets, or (ii) trust or other fiduciary deposit accounts or securities accounts and the assets therein.
Collateral General Terms. 35 4.1 Security Interest in the Collateral...........................35 4.2 Perfection of Security Interest...............................35 4.3
Collateral General Terms. 4.1 The Borrower (also referred to as "Debtor") warrants and represents the following with respect to the Collateral:
Collateral General Terms. 34 4.1. Acknowledgement and Grant of Security Interests............35 4.2. Perfection of Security Interest............................35 4.3.
Collateral General Terms. SECTION 4.1.
Collateral General Terms. 3 Section 2.01.
Collateral General Terms. For the purpose of this Article IV, references herein to the "
Collateral General Terms. THE PROVISIONS OF THIS ARTICLE IV CONTAIN THE GRANT OF POWERS OF ATTORNEY BY EACH BORROWER (AS A GRANTOR FOR SUCH PURPOSE) COUPLED WITH AN INTEREST FOR THE SOLE BENEFIT OF AGENT. THIS AGREEMENT, AND THE PROVISIONS OF ARTICLE IV HEREOF, IS BEING EXECUTED IN CONNECTION WITH A LOAN OR OTHER FINANCIAL TRANSACTION FOR BUSINESS PURPOSES AND NOT PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. THE AGENT, AS AGENT FOR THE GRANTOR UNDER THE POWERS OF ATTORNEY, IS NOT A FIDUCIARY FOR THE GRANTOR. THE AGENT, IN EXERCISING ANY OF ITS RIGHTS OR POWERS PURSUANT TO THE POWERS OF ATTORNEY, MAY DO SO FOR THE SOLE BENEFIT OF AGENT AND NOT FOR THE GRANTOR. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PROVISIONS OF TITLE 20 PA.C.S. CHAPTER 56, AS AMENDED (SPECIFICALLY INCLUDING, ACT 39 OF 1994) SHALL NOT BE APPLICABLE TO THE POWERS OF ATTORNEY.
Collateral General Terms. 2.1 To secure the prompt payment and performance of Borrower’s Obligations, Pledgor grants to Bank a security interest in and to, and pledges and assigns to Bank, all of Pledgor’s now owned and hereafter acquired right, title, share and interest in, to and under the Bond. All of the foregoing are referred to herein collectively as the “Collateral”.
