The Collateral definition

The Collateral. Interest shall be considered a Class of Series 1997-1 for all purposes of the Agreement and this Supplement, including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.1 of the Agreement. The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement.
The Collateral given by the Borrower or any Subsidiary pursuant to the Mortgages, the Assignments or other Documents shall secure and cross-collateralize all Obligations; including, without limitation, all Notes, owed to the Bank whether now outstanding or arising in the future.
The Collateral means all of the rights, titles and interests of every kind or nature whatsoever of Grantor in and to, but none of its obligations with respect to, the following described items, whether now owned or existing or hereafter created, acquired or arising, and wheresoever located: (a) All of the right, title, and interest of Grantor of every kind (including, without limitation, copyrights and any extensions and renewals thereof and any rights related to copyright and/or neighboring rights recognized under the law of any foreign jurisdiction with respect to each of the Pictures subject to the above-referenced Homevideo Distribution Agreement (the "Pictures"), in and to all Homevideo Rights and Incidental Rights granted to WHV under the Agreement and all like or similar rights that may now or hereafter be retained or recovered by Grantor; (b) All rights to possession held by or on behalf of Grantor to all physical properties described in Schedule B annexed hereto, necessary or desirable to WHV to exercise the Homevideo Rights and/or Incidental Rights granted to WHV under the Agreement; (c) All proceeds and products relating to or arising from any of the foregoing, including accounts, contract rights, chattel paper, all money and claims for money (whether or not such claims to money have been earned by performance) general intangibles, documents and instruments, including, but not limited to, all Gross Receipts, Accountable Receipts (whether or not due, earned or payable to Grantor under the Agreement) and any insurance now or hereafter payable by reason of any loss or damage to any Collateral and any proceeds thereof and all replacements, additions, accessions, substitutions, proceeds and products relating to or arising from any of the Collateral; (d) All of Grantor's rights under production, financing and acquisition agreements in and to the exploitation of the rights granted to WHV under the Agreement relating to motion pictures which if completed would constitute Picture(s); and (e) All of Grantor's rights to all literary, dramatic, musical and other material created for the Picture(s) or upon which the Picture(s) is based or to be based, in whole or in part, or which are used in connection with the Picture(s), including, without limitation, screenplays and any underlying materials upon which screenplays are based, and all common law and statutory domestic and foreign copyrights, and any rights related to copyright and/or neighboring rights recognized under th...

Examples of The Collateral in a sentence

  • The Collateral Agent may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned.

  • The Collateral Agent may, without notice or publication, adjourn any public or private sale or cause the same to be adjourned from time to time by announcement at the time and place fixed for sale, and such sale may, without further notice, be made at the time and place to which the same was so adjourned.

  • The Collateral Agent shall not be obligated to make any sale of Collateral regardless of notice of sale having been given.

  • The Collateral Agent shall not be obligated to make any sale of any Collateral if it shall determine not to do so, regardless of the fact that notice of sale of such Collateral shall have been given.

  • The Collateral Agent shall have absolute discretion as to the time of application of any such proceeds, moneys or balances in accordance with this Agreement.


More Definitions of The Collateral

The Collateral o The collateral consists of 5 anchored neighborhood retail centers and one anchored community retail center. Property Location SF Occ. Anchors -------------------------------------------------------------------- Westgate Mall San Jose, CA 665,461 87% Montgomery Ward, Burlington Coat, Home Express (BK), Ross, Lil Things, Safeway, Barnes & Noble -------------------------------------------------------------------- The Promenade Modesto, CA 119,175 98% Circuit City, Barnes & Noble, Copelands Sporting Goods -------------------------------------------------------------------- County Hills Diamond 164,338 85% Ralph's, Thrifty, Town Center Bar, CA Regal Cinemas -------------------------------------------------------------------- Lincoln Park Buena Park, 144,076 72% Thxxxxx Xxxx Xxxxxx XX -------------------------------------------------------------------- Mission Oceanside, 191,673 75% Thrifty Drug, Square CA Office Depot, Canned Foods Grocery Outlet -------------------------------------------------------------------- Plaza La La Quinta, 114,483 79% Vons Quinta CA -------------------------------------------------------------------- 1,399,206 NetCash NOI Year Year ------- --- ---- ---- Property Flow 1996 Built Renov ------------------------------------------------------------ Westgate Mall $4,292,823 $3,480,852 1960 1988/96 ------------------------------------------------------------ The Promenade 1,253,078 701,479 1988 NA ------------------------------------------------------------ County Hills 1,054,874 1,269,607 1965 1990 Town Center ------------------------------------------------------------ Lincoln Park 929,266 1,104,989 1958 1987 Center ------------------------------------------------------------ Mission Square 825,485 871,055 1963 1988 ------------------------------------------------------------ Plaza La Quinta 646,091 712,113 1982 NA ------------------------------------------------------------ $9,001,617 $8,140,095 ------------------------------------------------------------ Note: Properties were acquired during 1995.
The Collateral or any part thereof in one or more parcels at public or private sale, at any of Agent's offices or elsewhere, for cash, on credit or for future delivery, at such time or times and at such price or prices and upon such other terms as Agent may deem commercially reasonable. Agent or any Secured Party may be the purchaser of any or all of the Collateral at any such sale and Agent, as agent for and representative of Secured Parties (but not any Secured Party or Secured Parties in its or their respective individual capacities unless Requisite Lenders shall otherwise agree in writing), shall be entitled, for the purpose of bidding and making settlement or payment of the purchase price for all or any portion of the Collateral sold at any such public sale, to use and apply any of the Secured Obligations as a credit on account of the purchase price for any Collateral payable by Agent at such sale. Each purchaser at any such sale shall hold the property sold absolutely free from any claim or right on the part of Grantor, and Grantor hereby waives (to the extent permitted by applicable law) all rights of redemption, stay and/or appraisal which it now has or may at any time in the future have under any rule of law or statute now existing or hereafter enacted. Grantor agrees that, to the extent notice of sale shall be required by law, at least ten days' notice to Grantor of the time and place of any public sale or the time after which any private sale is to be made shall constitute reasonable notification. Agent shall not be obligated to make any sale of Collateral regardless of notice of sale having been given. Agent may adjourn any public or private sale from time to time by announcement at the time and place fixed therefor, and such sale may, without further notice, be made at the time and place to which it was so adjourned. Grantor hereby waives any claims against Agent arising by reason of the fact that the price at which any Collateral may have been sold at such a private sale was less than the price which might have been obtained at a public sale, even if Agent accepts the first offer received and does not offer such Collateral to more than one offeree. If the proceeds of any sale or other disposition of the Collateral are insufficient to pay all the Secured Obligations (other than inchoate indemnification obligations with respect to claims, losses or liabilities which have not yet arisen), Grantor shall be liable for the deficiency and the fees of any attorneys...
The Collateral together with all the Borrower's other property of any kind held by the Bank, shall stand as one general, continuing collateral security for all of the Obligations, and may be retained by the Bank until all Obligations have been satisfied in full, and the Commitment has terminated.
The Collateral given by Borrower as security for the Senior Loan includes without limitation, all inventory of refined petroleum products and the proceeds thereof of Borrower located at each Property (the "Petroleum Inventory").
The Collateral. Borrower promises that:
The Collateral means all of the rights, titles and interests of every kind or nature whatsoever of Grantor in and to, but none of its obligations with respect to, the following described items, whether now owned or existing or hereafter created, acquired or arising, and wheresoever located: (a) All of the right, title and interest of Grantor relating to the Granted Rights (as defined below) of every kind or character (including, without limitation, copyrights and any extensions and renewals thereof and any rights related to copyright and/or neighboring rights recognized under the law of any foreign jurisdiction with respect to the motion picture(s) presently entitled (INSERT NAME OF INCLUDED PROJECT) (the "Picture"). The term "Granted Rights" shall mean the exclusive Interactive Entertainment Rights to the Picture, all rights necessary to distribute, exploit, advertise, promote and publicize such Interactive Entertainment Rights and subject to paragraph 15 of the Agreement the identical rights to all remakes, sequels and prequels of the Picture, for exploitation in perpetuity (the "Exploitation Period") throughout the Universe. "Interactive Entertainment Rights" shall mean all of the following: (a) rights to develop, manufacture and otherwise exploit interactive products (the "Products") no matter in what storage mechanism such Products are delivered (whether now known or hereafter devised including, without limitation, storage mechanisms such as compact discs, optical discs, ROM cartridges, cassettes, computer chips, hard drives, or floppy disks) or whether such Products are delivered via cable, over the air, by telephone wire or via any other electronic or digital delivery systems, whether now known or later devised and shall include, without limitation, the right of exploitation by means of all interactive software platforms including, without limitation: (i)
The Collateral. Any payments made by Foothill shall not constitute an agreement by Foothill to make similar payments in the future or a waiver by Foothill of any Event of Default under this Agreement. Foothill need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance, or lien and the receipt of the usual official notice for the payment thereof shall for the purposes of this Agreement be conclusive evidence that the same was validly due and owing. Foothill shall use its best efforts to provide notice to Guarantor of any action taken by it under this Section 8. ---------