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:
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. 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. ---------
Examples of The Collateral in a sentence
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 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.
The Collateral is not in the possession of any third party bailee (such as a warehouse) except as otherwise provided in the Perfection Certificate.
The Collateral Agent shall have exclusive dominion and control, including the exclusive right of withdrawal, over such account.
More Definitions of The Collateral
The Collateral o The collateral consists 12 full service hotels containing 3,588 rooms geographically diversified in 8 states. o The franchises are strong national franchises including Marriott , Radisson , Holiday Inn and Best Western. Management: o Columbia Sussex Corp., an experienced hotel operator founded in 1972. As of 9/96, the manager and its affiliates own and operate 43 hotels containing over 10,800 rooms. o William Yung is the President, CEO and sole voting xxxxxxxxxer of the manager.
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. CUSTODIAN: XXXXXX TRUST AND SAVINGS BANK By: ___________________________ Name: Title: Xxxxxx Trust and Savings Bank 000 Xxxx Xxxxxx Xxxxxx, 00xx Xxxxx Xxxxxxx, Xxxxxxxx 00000 Attention: Indenture Trust Administrator Facsimile: (000) 000-0000 Telephone:(000) 000-0000 THE BACKUP SERVICER: XXXXXX TRUST AND SAVINGS BANK By: ___________________________ Name: Title: Xxxxxx Trust and Savings Bank 000 Xxxx Xxxxxx Xxxxxx, 00xx Xxxxx Xxxxxxx, Xxxxxxxx 00000 Attention: Indenture Trust Administrator Facsimile: (000) 000-0000 Telephone:(000) 000-0000 REQUIRED INVESTORS: FIRST UNION NATIONAL BANK By: ___________________________ Name: Title: First Union National Bank Xxx Xxxxx Xxxxx Xxxxxx, XX-0 Xxxxxxxxx, Xxxxx Xxxxxxxx 00000 Attention: Capital Markets Credit Administration Facsimile: (000) 000-0000 THE HEDGE COUNTERPARTY: FIRST UNION NATIONAL BANK By: ___________________________ Name: Title: First Union National Bank Xxx Xxxxx Xxxxx Xxxxxx, XX-0 Xxxxxxxxx, Xxxxx Xxxxxxxx 00000 Attention: Capital Markets Credit Administration Facsimile: (000) 000-0000 Telephone: (000) 000-0000
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 in this Agreement shall be interpreted as referring to “the Collateral or any of it.”;
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. (b) Series 1997-1 shall be included in Group I and shall be a Principal Sharing Series. Series 1997-1 shall be an Excess Allocation Series. Series 1997-1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 1997-1 shall be the ________________ Distribution Date and the first Monthly Period shall begin on and include _______, 1997 and end on and include ____________, 1997.