Fixed Asset Priority Collateral has the meaning specified therefor in the Intercreditor Agreement.
Fixed Asset Priority Collateral means the “Fixed Asset Priority Collateral” (as defined in the ABL Intercreditor Agreement).
Fixed Asset Priority Collateral means all Collateral other than ABL Priority Collateral.
Examples of Fixed Asset Priority Collateral in a sentence
So long as the Intercreditor Agreement is in effect, a Loan Party may satisfy its obligations hereunder and under the other Loan Documents to deliver Collateral that constitutes Fixed Asset Priority Collateral to Agent by delivering such Collateral that constitutes Fixed Asset Priority Collateral to the Fixed Asset Priority Collateral Agent or its agent, designee or bailee.
The First Lien Notes are secured, subject to certain permitted liens, by a first-lien security interest on the Fixed Asset Priority Collateral and a second-lien security interest on the ABL Priority Collateral.
Consistent with the definition of “Access Period”, access rights may apply to differing portions of the Fixed Asset Priority Collateral at differing times, in which case, a differing Access Period will apply to each such portion.
Retrieving, storing and recovering the vehicle to the agreed rental location following an accident11.
The Agents, the Lenders and the Issuing Banks hereby further irrevocably agree, that the Liens granted to the Collateral Agent by the Credit Parties on any Fixed Asset Priority Collateral securing the Obligations may be subordinated to the Liens on such Fixed Asset Priority Collateral securing Crossing Lien Indebtedness, all without the further consent or joinder of any Lender or any Issuing Bank.
More Definitions of Fixed Asset Priority Collateral
Fixed Asset Priority Collateral means (i) Equipment and Fixtures; (ii) Real Estate Assets; (iii) Intellectual Property; (iv) Equity Interests in all direct and indirect Subsidiaries of the Company; (v) all other assets of any Grantor, whether real, personal or mixed not constituting ABL Priority Collateral; (vi) to the extent evidencing, governing, securing or otherwise reasonably related to any of the foregoing, all Documents, General Intangibles, Instruments, Commercial Tort Claims, Letters of Credit, Letter of Credit Rights and Supporting Obligations; provided, however, that to the extent any of the foregoing also evidence, govern, secure or otherwise reasonably relate to any ABL Priority Collateral only that portion that evidences, governs, secures or primarily relates to Fixed Asset Priority Collateral shall constitute Fixed Asset Priority Collateral; (vii) all books, records and documents related to the foregoing (including databases, customer lists and other records, whether tangible or electronic, which contain any information relating to any of the foregoing); and (viii) all Proceeds and products of any or all of the foregoing in whatever form received, including proceeds of business interruption and other insurance and claims against third parties.
Fixed Asset Priority Collateral means, after a Crossing Lien Event, all present and future right, title and interest of the Credit Parties in the following types of Collateral, whether now owned or hereafter acquired, existing or arising and wherever located: (i) Equipment and Fixtures (other than Canadian Equipment and U.S. Equipment prior to the time that a Crossing Lien Borrowing Base Removal Election is made); (ii) Real Property (other than Canadian Real Estate and U.S. Real Estate prior to the time that a Crossing Lien Borrowing Base Removal Election is made); (iii) Intellectual Property; (iv) Equity Interests in all direct and indirect Subsidiaries of the Company; (v) all other assets of any Credit Party, whether real, personal or mixed not constituting ABL Priority Collateral; (vi) to the extent evidencing, governing, securing or otherwise reasonably related to any of the foregoing, all Documents, General Intangibles, Instruments, Commercial Tort Claims, Letters of Credit, Letter of Credit Rights and Supporting Obligations; provided, however, that to the extent any of the foregoing also evidence, govern, secure or otherwise reasonably relate to any ABL Priority Collateral only that portion that evidences, governs, secures or primarily relates to Fixed Asset Priority Collateral shall constitute Fixed Asset Priority Collateral; (vii) all books, records and documents related to the foregoing (including databases, customer lists and other records, whether tangible or electronic, which contain any information relating to any of the foregoing); and (viii) all Proceeds and products of any or all of the foregoing in whatever form received, including claims against third parties.
Fixed Asset Priority Collateral means the following of any Grantor: (i) Equipment (as defined in the UCC); (ii) Real Estate Assets; (iii) intellectual property; (iv) Equity Interests in all direct Subsidiaries of any Grantor; (v) intercompany indebtedness of the Company and its Subsidiaries; (vi) all other assets of any Grantor, whether real, personal or mixed (including the Revenue Account and other Fixed Asset Accounts and the Fixed Asset Collateral Proceeds Account), in each case, not constituting ABL Priority Collateral prior to the Discharge of ABL Obligations; (vii) to the extent evidencing, governing, securing or otherwise reasonably related to any of the foregoing, all documents, general intangibles, instruments, commercial tort claims, letters of credit, letter-of credit-rights and supporting obligations; provided, however, that to the extent any of the foregoing also evidence, govern, secure or otherwise reasonably relate to any ABL Priority Collateral only that portion that evidences, governs, secures or reasonably relates to Fixed Asset Priority Collateral shall constitute Fixed Asset Priority Collateral; (viii) all books, records and documents related to the foregoing (including databases, customer lists and other records, whether tangible or electronic, which contain any information relating to any of the foregoing); (ix) insurance and claims against third parties to the extent arising on account of Fixed Asset Priority Collateral (excluding, however, the proceeds of and payments under all policies of business interruption insurance); and (x) all proceeds and products of any or all of the foregoing in whatever form received, but excluding any property that is directly acquired prior to the commencement of any case or proceeding under the Bankruptcy Code or any similar Bankruptcy Law with cash proceeds of any Fixed Asset Priority Collateral and does not otherwise constitute Fixed Asset Priority Collateral upon its acquisition. Subject to certain provisions of the Intercreditor Agreement, upon a Discharge of ABL Obligations, all ABL Priority Collateral shall become Fixed Asset Priority Collateral.
Fixed Asset Priority Collateral means the following assets of the Borrower and the Guarantors: (a) all shares of capital stock (or other ownership or profit interests) held by the Borrower or any Guarantor, (b) all debt owed to the Borrower or any Guarantor, (c) all property and assets, real and personal (other than assets of the type constituting ABL Priority Collateral), of the Borrower and each Guarantor, including, but not limited to, machinery and equipment, and other goods, owned real estate, patents, trademarks, trade names, copyrights, other intellectual property and other contract rights and (d) all proceeds and products of the property and assets described in clauses (a), (b) and (c) above.
Fixed Asset Priority Collateral in the ABL Intercreditor Agreement.
Fixed Asset Priority Collateral means all Collateral of the Grantors other than the ABL Priority Collateral and includes, without limitation, (a) all shares of Capital Stock (or other ownership or profit interests) held by the Company or any Guarantor, (b) all debt owed to the Company or any Guarantor that does not constitute ABL Priority Collateral, (c) machinery, equipment and other goods (other than Inventory and other ABL Priority Collateral), owned real estate and Intellectual Property (subject to the rights of the ABL Collateral Agent under Sections 3.03 and 3.04) and (d) all proceeds and products of the foregoing (unless constituting ABL Priority Collateral).
Fixed Asset Priority Collateral and “Collateral” shall not include any assets or property of such Foreign Subsidiaries, and (iv) the ABL Collateral Agent and the other ABL Claimholders shall be free to deal with the assets and properties of such Foreign Subsidiaries (including the exercise of any remedies with respect thereto) and retain and/or apply the proceeds thereof without regard to any of the provisions or restrictions set forth in this Agreement.