Springing Collateral definition
Examples of Springing Collateral in a sentence
Upon presentation to the Controlling Party of a Purchase of JV Interests Certificate (as hereinafter defined) executed by the Guarantor, the Controlling Party shall instruct Trustee to, and Trustee shall, disburse the applicable portion of the proceeds in the JV Springing Collateral Account (as specified in such Purchase of JV Interests Certificate) to the Controlling Party solely for the purpose of purchasing the JV Interests specified in such Purchase of JV Interests Certificate.
On or before the applicable Springing Security Deadline for a Springing AssetCo Grantor, the Company and such Springing AssetCo Grantor shall cause the Collateral Trustee (for the benefit of the Trustee, the Holders and any other applicable Secured Party) to have valid and perfected Liens on the Springing Collateral, subject to Permitted Liens.
Monies in the JV Springing Collateral Account shall be invested in Permitted Investments by Trustee pursuant to Section 3.11 hereof and interest thereon shall be credited to the JV Springing Collateral Account.
The Company and the Subsidiary Guarantors shall also take all action required in order for all Additional Collateral and Springing Collateral to be pledged to the Collateral Agent for the benefit of the Holders as and when required by this Indenture.
For the avoidance of doubt, the Bank shall not be permitted to file any UCC financing statements describing the Springing Collateral until after the occurrence of a Springing Lien Event.
In addition, in accordance with Section 4.19 of the Indenture, Olinda Star, shall, within 45 days of the occurrence of the Springing Security Deadline for Olinda Star, cause the Collateral Trustee (for the benefit of the Trustee, the Holders and any other applicable Secured Party) to have valid and perfected first-priority Liens on the Springing Collateral, subject to Permitted Liens, of Olinda Star.
Upon the occurrence of a Springing Lien Event, Borrower hereby authorizes Bank to file financing statements, without notice to Borrower, with all appropriate jurisdictions to perfect or protect Bank’s interest or rights in the Springing Collateral.
After a Springing Lien Event, Borrower shall be responsible for all fees and disbursements incurred by Bank in connection with any appraisals of any Springing Collateral, field examinations or other business analysis conducted by any third parties in connection with this Agreement or any Loan Documents.
Guarantor hereby acknowledges that it has no further ownership of the JV Springing Collateral Account and funds therein and has no rights thereto, except as expressly provided herein.
Within 45 days of the occurrence of the Springing Security Deadline for Olinda Star, the Company and Olinda Star shall cause the Collateral Trustee (for the benefit of the Trustee, the Holders and any other applicable Secured Party) to have valid and perfected fourth-priority Liens on the Springing Collateral, the Notes in accordance with the terms of the Intercreditor Agreement.