LC Priority Collateral definition

LC Priority Collateral has the meaning set forth in the Intercreditor Agreement.

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LC Priority Collateral means all Collateral (other than ABL Priority Collateral) now owned or at any time hereafter acquired (including, for the avoidance of doubt, any such assets that, but for the application of Section 552 of the Bankruptcy Code (or any provision of any other Debtor Relief Law), would constitute LC Priority Collateral) of any Grantor (including, for the avoidance of doubt, (a) all Real Estate Assets of Grantors; (b) all intellectual property; (c) all Capital Stock in each Grantor’s subsidiaries (as defined in the LC Credit Agreement); (d) all proceeds of insurance policies other than business interruption insurance or representations and warranties insurance policies (excluding any such proceeds that relate to ABL Priority Collateral); and (e) all products and proceeds of any and all of the foregoing (other than any such proceeds that are ABL Priority Collateral)).

LC Priority Collateral has the meaning specified for “LC Priority Collateral” or “LC/RCF Priority Collateral”, as applicable, in the Intercreditor Agreement.

Examples of LC Priority Collateral in a sentence

If any ABL Obligations remain outstanding after the Discharge of the LC Obligations, all proceeds of the LC Priority Collateral will be applied to the repayment of any outstanding ABL Obligations.
To the extent that an insured loss covers or constitutes ABL Priority Collateral and LC Priority Collateral, then the ABL Collateral Agent and the LC Collateral Agent will work jointly and in good faith to collect, adjust or settle (subject to the rights of the Grantors under the ABL Documents and the LC Obligations Documents) under the relevant insurance policy.
Notwithstanding anything to the contrary herein or in any ABL Document or any LC Obligations Document, the Grantors shall not be required to act or refrain from acting (a) pursuant to this Agreement or any LC Obligations Document with respect to any ABL Priority Collateral in any manner that would cause a default under any ABL Document, or (b) pursuant to this Agreement or any ABL Document with respect to any LC Priority Collateral in any manner that would cause a default under any LC Obligations Document.
Without limiting the rights granted in this paragraph, the ABL Secured Parties shall cooperate with the LC Collateral Agent (subject to the condition that the ABL Secured Parties shall have no obligation or duty to take any action or refrain from taking any action that could reasonably be expected to result in the incurrence of any unreimbursed liability or damage to the ABL Secured Parties) in connection with any efforts made by it to cause the LC Priority Collateral to be sold.
If the ABL Collateral Agent (including any receiver, receiver and manager, interim receiver or agent appointed by it) conducts a public auction or private sale of the ABL Priority Collateral at any of the real property included within the LC Priority Collateral, the ABL Collateral Agent shall use reasonable efforts to hold such auction or sale in a manner which would not unduly disrupt any LC Collateral Agent’s use of such real property for the benefit of the LC Secured Parties.
To the extent that an insured loss covers or constitutes Notes Priority Collateral and LC Priority Collateral, then the Notes Collateral Agent and the LC Collateral Agent will work jointly and in good faith to collect, adjust or settle (subject to the rights of the Grantors under the Notes Documents and the LC Obligations Documents) under the relevant insurance policy.
Furthermore, each LC Collateral Agent agrees that, in connection with any exercise of remedies available to any LC Collateral Agent in respect of LC Priority Collateral, such LC Collateral Agent shall provide written notice to any purchaser, assignee or transferee of intellectual property pursuant to such exercise of remedies, that the applicable intellectual property is subject to such license.
As between the Secured Parties, the LC Facility Agent as Controlling Agent shall have the right, subject to the terms of the applicable Secured Transaction Document, to adjust or settle any insurance policy or claim covering or constituting LC Priority Collateral in the event of any loss thereunder and to approve any award granted in any condemnation or similar proceeding affecting the LC Priority Collateral, without further consent of, notice to, or action by ▇▇▇▇.
No Non‑Controlling Agent or Non-Controlling Secured Party will contest, protest or object (or support any other person in contesting, protesting or objecting) to any foreclosure proceeding or action brought by the LC Facility Agent as the Controlling Agent or the Controlling Secured Parties or any other exercise by or for the benefit of the Controlling Agent or the Controlling Secured Parties of any rights and remedies relating to the LC Priority Collateral.
Upon Discharge in Full of the S&O Obligations (upon which event ▇▇▇▇ will give prompt notice thereof to the Collateral Agent), the LC Facility Agent will be automatically appointed as Collateral Agent with respect to the LC Priority Collateral and any obligations of US Bank as Collateral Agent hereunder and under any other Secured Transaction Document will be terminated.

More Definitions of LC Priority Collateral

LC Priority Collateral means all Collateral (other than Notes Priority Collateral) now owned or at any time hereafter acquired (including, for the avoidance of doubt, any such assets that, but for the application of Section 552 of the Bankruptcy Code (or any provision of any other Debtor Relief Law), would constitute LC Priority Collateral) by any Grantor consisting of (a) all assets securing the LC Obligations on the date hereof immediately prior to giving effect to Amendment ▇▇. ▇, ▇▇▇▇▇ ▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇, (▇) all assets of Grantors organized in the LC Priority Jurisdictions, and (c) all assets required to be subject of the Lien securing the LC Obligations pursuant to the LC Credit Agreement and (d) all products and proceeds of any and all of the foregoing.

LC Priority Collateral means (a) the “Cash Collateral Account” as defined in the LC Credit Agreement, (b) all of the sums from time to time in the Cash Collateral Account (and all cash, checks and other negotiable instruments, funds and other evidences of payment held therein or credited thereto), (c) any securities, instruments, financial assets, investment property, and any other property credited to the Cash Collateral Account, or issued in replacement of or in substitution or exchange for any of the foregoing, (d) any and all proceeds and products of any thereof and any interest, dividend or income accrued or earned thereon, any additions, substitutions or renewals thereof, and any other amounts held in the Cash Collateral Account, whether now or hereafter existing or arising, and (e) any books and records relating thereto, and any proceeds of the foregoing (including any cash interest, income, or dividends with respect to the foregoing).

LC Priority Collateral consists of all of the Company’s right, title and interest in, to and under the following personal property of the Company, wherever located and whether now existing or owned or hereafter acquired or arising: (1) all Crude Oil inventory (and all cash proceeds thereof) on an ocean-going vessel evidenced by negotiable bills of lading, a full set of which has been issued to the order of, or properly endorsed to, the Collateral Agent or Sub-Collateral Agent (and all cash proceeds thereof), and for the purchase of which a Letter of Credit (as defined in the LC Facility Agreement) was issued or Revolving Credit Loan (as defined in the LC Facility Agreement) was made, (2) all Crude Oil inventory (and all cash proceeds thereof) (x) to which the Company has title; (y) which has been purchased pursuant to the terms of an LC Eligible Refinery Procurement Contract and (z) which has not yet passed the Crude Intake Point following its discharge at the SPM (clauses (1) and (2) collectively, the “Procurement Contract Inventory”); (3) all Investment Property, Chattel Paper, General Intangibles, Commercial Tort Claims, Documents and Instruments, in each case, to the extent relating to any Procurement Contact Inventory; (4) all ▇. ▇▇▇▇ Payment Obligations, (5) the Collection Accounts and all amounts deposited from time to time therein; (6) all Books and other materials relating to clauses (1), (2), (3), (4) and (5) above; and (7) all Proceeds of and Supporting Obligations with respect to, and replacements, additions to, increases of, substitutions for, accessions of, and property necessary for the operation of, any of the foregoing (including, without limitation, insurance proceeds payable as a result of loss or damage to the foregoing and any proceeds thereunder, refunds of unearned premiums of any such insurance policy and claims against third parties (other than any insurance proceeds in respect of business interruption insurance)); provided that in no event shall LC Priority Collateral include Proceeds of S&O Priority Collateral.

LC Priority Collateral has the meaning set forth in Section 2(b)(ii).