RSI Collateral definition

RSI Collateral means the following collateral that is purchased by Fifth Gear and financed by RSI under the RSI Loan Documents: (i) all Burger King Uniform Inventory (as defined in the RSI Loan Documents on the Restatement Date), including without limitation, all Burger King Uniform Inventory ordered from time to time by Fifth Gear from Approved Suppliers (as defined in the RSI Loan Documents on the Restatement Date) for sale and distribution to Customers (as defined in the RSI Loan Documents on the Restatement Date), (ii) all rights to receive payment, credits and other compensation (including rebates, allowances, and additional “factory” or “manufacturers” credits), from the Approved Suppliers and any manufacturer, distributor or supplier of Burger King Uniform Inventory, or from any of their subsidiaries or affiliates, with respect to the sale of Burger King Uniform Inventory to Customers pursuant to the Distribution Agreement (as defined in the RSI Loan Documents on the Restatement Date), (iii) all payments and credits that RSI, Burger King Corporation and Customers owe and may owe to Fifth Gear, in connection with the sale and distribution of Burger King Uniform Inventory to Customers pursuant to the Distribution Agreement, including any Surcharge (as defined in the RSI Loan Documents on the Restatement Date), whether in the form of cash collateral, reserve, contingency or escrow accounts, or otherwise, and (iv) the Collateral Account (as defined in the RSI Loan Documents on the Restatement Date), and (v) all proceeds of the foregoing, including, without limitation, proceeds of proceeds, goods received in trade, claims and torts recoveries, insurance proceeds, refunds of insurance premiums, and all cash and other funds held in all deposit accounts in which proceeds may be deposited, in case of clauses (i) through (v) above, to the fullest extent defined and described in the UCC. The foregoing notwithstanding, RSI Collateral shall not include any Distribution Charges (as defined in the RSI Loan Documents on the Restatement Date) and/or Freight Costs (as defined in the RSI Loan Documents on the Restatement Date). As used herein, the term “Surcharge” means such additional amounts Fifth Gear shall charge to each and every Customer, at the written request of RSI, with regard to any or all of the Burger King Uniform Inventory and as further defined in the Distribution Agreements (as defined in the RSI Loan Documents).
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Related to RSI Collateral

  • U.S. Collateral means any and all property owned, leased or operated by a Person covered by the U.S. Collateral Documents and any and all other property of any U.S. Loan Party, now existing or hereafter acquired, that may at any time be or become subject to a security interest or Lien in favor of the Administrative Agent to secure the Secured Obligations.

  • UCC Collateral is defined in Section 3.03.

  • ABL Collateral means all of the assets and property of any Grantor, whether real, personal or mixed, with respect to which a Lien is granted as security for any ABL Obligations.

  • First Priority Collateral means all assets, whether now owned or hereafter acquired by the Borrower or any other Loan Party, in which a Lien is granted or purported to be granted to any First Priority Secured Party as security for any First Priority Obligation.

  • Priority Collateral means the ABL Priority Collateral or the Term Priority Collateral, as applicable.

  • Second Priority Collateral means any “Collateral” as defined in any Second Priority Debt Document or any other assets of the Borrower or any other Grantor with respect to which a Lien is granted or purported to be granted pursuant to a Second Priority Collateral Document as security for any Second Priority Debt Obligation.

  • Possessory Collateral means any Shared Collateral in the possession of a Collateral Agent (or its agents or bailees), to the extent that possession thereof perfects a Lien thereon under the Uniform Commercial Code of any jurisdiction. Possessory Collateral includes, without limitation, any Certificated Securities, Promissory Notes, Instruments, and Chattel Paper, in each case, delivered to or in the possession of the Collateral Agent under the terms of the First-Lien Security Documents.

  • Senior Collateral means any “Collateral” as defined in any Credit Agreement Loan Document or any other Senior Debt Document or any other assets of the Borrower or any other Grantor with respect to which a Lien is granted or purported to be granted pursuant to a Senior Collateral Document as security for any Senior Obligations.

  • Term Priority Collateral has the meaning set forth in the Intercreditor Agreement.

  • ABL Priority Collateral has the meaning set forth in the Intercreditor Agreement.

  • Collateral has the meaning set forth in Section 2.

  • Account Collateral means, with respect to each Account, such Account, together with all cash, securities, Financial Assets and investments and other property from time to time deposited or credited to such Account and all proceeds thereof, including, with respect to the Reserve Fund, the Reserve Fund Deposit and the Reserve Fund Amount.

  • Security Agreement Collateral means all "Collateral" as defined in the Security Agreement.

  • Borrower Collateral means all of Borrower's now owned or hereafter acquired right, title, and interest in and to each of the following:

  • Notes Priority Collateral has the meaning set forth in the Intercreditor Agreement.

  • Pledge Agreement Collateral means all "Collateral" as defined in the Pledge Agreement.

  • Foreign Collateral means all Collateral of Foreign Loan Parties securing the Guaranteed Foreign Obligations.

  • Senior Collateral Agent means Citicorp USA, Inc., in its capacity as Senior Collateral Agent under the Senior Collateral Documents, and its successors.

  • Patent Collateral means all Patents, whether now owned or hereafter acquired by the Company that are associated with the Business.

  • Primary Collateral With respect to any Cross-Collateralized Mortgage Loan, any Mortgaged Property (or portion thereof) designated as directly securing such Cross-Collateralized Mortgage Loan and excluding any Mortgaged Property (or portion thereof) as to which the related lien may only be foreclosed upon by exercise of the cross-collateralization provisions of such Cross-Collateralized Mortgage Loan.

  • Security Collateral with respect to any Granting Party, means, collectively, the Collateral (if any) and the Pledged Collateral (if any) of such Granting Party.

  • Control Collateral means any Collateral consisting of any Certificated Security (as defined in Section 8-102 of the Uniform Commercial Code), Investment Property, Deposit Account, Instruments and any other Collateral as to which a Lien may be perfected through possession or control by the secured party, or any agent therefor.

  • Shared Collateral means, at any time, Collateral in which the holders of Senior Obligations under at least one Senior Facility and the holders of Second Priority Debt Obligations under at least one Second Priority Debt Facility (or their Representatives) hold a security interest at such time (or, in the case of the Senior Facilities, are deemed pursuant to Article II to hold a security interest). If, at any time, any portion of the Senior Collateral under one or more Senior Facilities does not constitute Second Priority Collateral under one or more Second Priority Debt Facilities, then such portion of such Senior Collateral shall constitute Shared Collateral only with respect to the Second Priority Debt Facilities for which it constitutes Second Priority Collateral and shall not constitute Shared Collateral for any Second Priority Debt Facility which does not have a security interest in such Collateral at such time.

  • Guarantor Collateral all of the property (tangible or intangible) purported to be subject to the lien or security interest purported to be created by any mortgage, deed of trust, security agreement, pledge agreement, assignment or other security document heretofore or hereafter executed by any Guarantor as security for all or part of the Obligations or the Guarantees.

  • Term Loan Priority Collateral as defined in the Intercreditor Agreement.

  • Second Lien Collateral means all “Collateral”, as defined in any Second Lien Document, and any other assets of any Grantor now or at any time hereafter subject to Liens which secure, but only to the extent securing, any Second Lien Obligations.