Common use of Indebtedness Secured Clause in Contracts

Indebtedness Secured. 2.1 This Deed of Trust is executed and delivered by Grantor to secure and enforce the following (the “Obligations”): all of the liabilities and obligations (primary, secondary, direct, contingent, sole, joint or several) due or to become due, or that are now or may be hereafter contracted or acquired, or owing, of Grantor to Beneficiary under this Deed of Trust, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith, in each case, whether now or hereafter existing, voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or not from time to time decreased or extinguished and later increased, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from the Beneficiary as a preference, fraudulent transfer or otherwise as such obligations may be amended, supplemented, converted, extended or modified from time to time. Without limiting the generality of the foregoing, the term “Obligations” shall include, without limitation: (i) principal of, and interest on, the Notes and the Loans (including any interest that accrues after the commencement of any proceeding commenced by or against any Person under any provision of title 11 of the United States Code, as in effect from time to time, or under any other state or federal bankruptcy or insolvency law, assignments for the benefit of creditors, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement or other similar relief (an “Insolvency Proceeding”) regardless of whether allowed or allowable in whole or in part as a claim in such Insolvency Proceeding); (ii) any and all other fees, legal fees and other expenses, indemnities, costs, obligations and liabilities of Grantor from time to time under or in connection with this Deed of Trust, the Notes, the Purchase Agreement, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith; (iii) payment of the Major Transaction Prepayment Price (as defined in the Notes), and (iv) all amounts in respect of the foregoing that would be payable but for the fact that the obligations to pay such amounts are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving Grantor. Any reference in this Deed of Trust or in the Transaction Documents to the Obligations shall include all or any portion thereof and any extensions, modifications, renewals or alterations thereof, both prior and subsequent to any Insolvency Proceeding.

Indebtedness Secured. 2.1 This Deed The Security Interest secures payment of Trust is executed any and delivered by Grantor all Indebtedness (as hereinafter defined) of Debtor or any Borrower or any Guarantor to secure the Agents, Lenders or L/C Issuers, or any of them. As used in this Security Agreement, "Indebtedness" shall mean any and enforce the following (the “Obligations”): all of the obligations, liabilities and indebtedness, and performance of all obligations (primary, secondary, direct, contingent, sole, joint or several) due or to become due, or that are now or may be hereafter contracted or acquired, or owingand agreements, of Grantor Debtor, Borrowers and Guarantors to Beneficiary the Agents, Lenders and L/C Issuers arising under this Deed of Trust, the Guaranty, Credit Agreement or under the other Transaction Loan Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith, in each case, whether now existing or hereafter existingincurred or arising, voluntary of every kind and character, primary or involuntarysecondary, direct or indirect, absolute or contingent, liquidated sole, joint or unliquidated, whether or not jointly owed with othersseveral, and whether or not such indebtedness is from time to time decreased reduced and thereafter increased, or entirely extinguished and later increasedthereafter reincurred, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from the Beneficiary as a preference, fraudulent transfer or otherwise as such obligations may be amended, supplemented, converted, extended or modified from time to time. Without limiting the generality of the foregoing, the term “Obligations” shall includeincluding, without limitation: (ia) principal ofall Advances; (b) all obligations arising out of any Lender's reimbursement of an L/C Issuer for draws made under Letters of Credit issued by an L/C Issuer, (c) all interest which accrues on any such indebtedness, until payment of such indebtedness in full, including, without limitation, all interest provided for under the Credit Agreement; (d) all other monies payable by any Borrower or Guarantor, and interest onall obligations and agreements of any Borrower or Guarantor to any of the Lenders, Agents, or L/C Issuers pursuant to any of the Notes Loan Documents; (e) all monies payable by any Obligor, and all obligations and agreements of any Obligor to any of the Loans Lenders, Agents or L/C Issuers, pursuant to any of the Loan Documents; (f) all monies due, and to become due, pursuant to Sections 7.3, 7.4. and 7.5 of the Credit Agreement; (g) all monies payable as herein provided; and (h) all liabilities (including any interest that accrues after the commencement of any proceeding commenced by or against any Person under any provision of title 11 of the United States Codeamounts charged to Debtor pursuant hereto), as in effect from time to timeobligations, fees, charges, or under costs (including, without limitation, any other state fees or federal bankruptcy or insolvency lawexpenses that, assignments for the benefit of creditors, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement or other similar relief (an “Insolvency Proceeding”) regardless of whether allowed or allowable in whole or in part as a claim in such Insolvency Proceeding); (ii) any and all other fees, legal fees and other expenses, indemnities, costs, obligations and liabilities of Grantor from time to time under or in connection with this Deed of Trust, the Notes, the Purchase Agreement, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith; (iii) payment of the Major Transaction Prepayment Price (as defined in the Notes), and (iv) all amounts in respect of the foregoing that would be payable but for the fact that provisions of the obligations Bankruptcy Code, would have accrued), guaranties, covenants and duties owing by Debtor to pay such amounts are unenforceable any of the Lenders, Agents, or not allowable due L/C Issuers of any kind and description pursuant to or evidenced by the existence of a bankruptcy, reorganization or similar proceeding involving Grantor. Any reference in this Deed of Trust or in the Transaction Documents to the Obligations shall include all Guaranty or any portion thereof and any extensions, modifications, renewals or alterations thereof, both prior and subsequent to any Insolvency Proceedingother Loan Document.

Indebtedness Secured. 2.1 This Deed The Security Interest secures payment of Trust is executed any and delivered by Grantor to secure all Debt, and enforce the following (the “Obligations”): performance of all of the liabilities obligations and obligations (primary, secondary, direct, contingent, sole, joint or several) due or to become due, or that are now or may be hereafter contracted or acquired, or owingagreements, of Grantor Cayman Distributor, Borrower and each Loan Party to Beneficiary the Agent and Lenders and L/C Issuer under this Deed of Trust, the Guaranty, Agreement and the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith, in each case, Loan Documents whether now existing or hereafter existingincurred or arising, voluntary of every kind and character, primary or involuntarysecondary, direct or indirect, absolute or contingent, liquidated sole, joint or unliquidatedseveral, whether determined to be void or not jointly owed with others, voidable and whether or not such Indebtedness is from time to time decreased reduced and thereafter increased, or entirely extinguished and later increasedthereafter reincurred, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from the Beneficiary as a preference, fraudulent transfer or otherwise as such obligations may be amended, supplemented, converted, extended or modified from time to time. Without limiting the generality of the foregoing, the term “Obligations” shall includeincluding, without limitation: (ia) principal ofall Advances; (b) all obligations of Borrower or any Loan Party arising with respect to any Letters of Credit, and interest on, the Notes and the Loans (including any reimbursement obligation for draws made under Letters of Credit issued by the L/C Issuer; (c) all interest that which accrues on any such Indebtedness, until payment of such Indebtedness in full, including, without limitation, all interest provided for under this Agreement and any interest accruing after the commencement of any a bankruptcy proceeding commenced by or against Borrower or any Person Loan Party; (d) all other monies payable by Borrower and any Loan Party, and all obligations and agreements of Borrower and the Loan Parties to the Agent and the Lenders, pursuant to the Loan Documents; (e) all obligations to Agent, any Lender or any Related Party thereof under any provision of title 11 Hedging Agreement permitted to be incurred by Borrower under this Agreement; (f) all monies due, and to become due, pursuant to Sections 8.3 and 8.4; (g) the guaranty of the United States Code, as in effect from time to time, or under any other state or federal bankruptcy or insolvency law, assignments for Indebtedness by the benefit of creditors, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement or other similar relief (an “Insolvency Proceeding”) regardless of whether allowed or allowable in whole or in part as a claim in such Insolvency Proceeding); (ii) any Parent and all other fees, legal fees and other expenses, indemnities, costs, obligations and liabilities of Grantor from time to time under or in connection with this Deed of Trust, the Notes, the Purchase Agreement, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith; (iii) payment of the Major Transaction Prepayment Price (as defined Subsidiary Loan Parties contained in the Notes), Guarantee Agreement; and (ivh) all amounts in respect of the foregoing that would be payable but for the fact that the obligations to pay such amounts are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving Grantor. Any reference in this Deed of Trust or in the Transaction Documents to the Obligations shall include all or any portion thereof and any extensions, modifications, renewals or alterations thereof, both prior and subsequent to any Insolvency ProceedingBank Product Obligations.

Indebtedness Secured. 2.1 This Deed of Trust The security interest granted hereby is executed and delivered by Grantor to secure payment in full of (a) any and enforce the following (the “Obligations”): all of the liabilities and obligations (primary, secondary, direct, contingent, sole, joint or several) due or to become due, or that are now or may be hereafter contracted or acquired, or owing, of Grantor to Beneficiary under this Deed of Trust, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith, in each case, whether now or hereafter existing, voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or not sums from time to time decreased due from Debtor to Lender, any instruments evidencing the indebtedness of Debtor to Lender and the full and complete performance of all agreements and documents executed or extinguished and later increaseddelivered pursuant to any indebtedness due from Debtor to Lender, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from the Beneficiary as a preference, fraudulent transfer or otherwise as such obligations same may be amended, supplemented, converted, modified or extended or modified from time to time. Without limiting the generality of the foregoing, the term “Obligations” shall include, without limitation: (i) principal of, and interest on, the Notes and the Loans (including any interest that accrues after the commencement of any proceeding commenced by or against any Person under any provision of title 11 of the United States Code, as in effect from time to time, or under (b) any other state indebtedness of Debtor, whether evidenced by instruments executed by Debtors or federal bankruptcy not, payable and owing to Lender as provided by the terms of any such instrument, (c) all advances made by Lender to discharge taxes or insolvency lawlevies on, assignments or made for repairs to, maintenance of, or insurance on, the Collateral, (d) all money or other credit heretofore and hereafter advanced by Lender to or for the benefit account of creditorsDebtor, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement or other similar relief (an “Insolvency Proceeding”e) regardless of whether allowed or allowable in whole or in part as a claim in such Insolvency Proceeding); (ii) any and all other feespresent or future, legal fees and other expensesdirect or contingent, indemnities, costs, obligations and liabilities of Grantor from time Debtor to time under or in connection with this Deed Lender of Trust, the Notes, the Purchase Agreement, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith; (iii) payment of the Major Transaction Prepayment Price (as defined in the Notes)nature whatsoever, and (ivf) all amounts costs and expenses incurred in respect the collection of the foregoing that would be payable but for foregoing, including representation in any bankruptcy proceedings, including reasonable attorney’s fees (all of the fact above being referred to, collectively, as the “Obligations”). It is the true, clear, and express intention of Debtor that the obligations to pay such amounts are unenforceable continuing grant of this security interest remain as security for payment and performance of the Obligations, whether now existing, or which may hereinafter be incurred, or whether or not allowable due contemplated by the parties at the time of the granting of this security interest. The notice of the continuing grant of this security interest, therefore, shall not be required to be stated on the existence face of a bankruptcyany document representing any Obligations, reorganization or similar proceeding involving Grantornor otherwise identify it as being secured hereby. Any reference in this Deed of Trust or in the Transaction Documents to the Obligations shall include all or any portion thereof be deemed to have been made pursuant to Section 400.9-204 of the Uniform Commercial Code of Missouri. This Security Agreement shall terminate, and any extensionsthe security interest and liens granted hereunder shall terminate, modifications, renewals or alterations thereof, both prior and subsequent upon Debtor’s repayment in full to any Insolvency ProceedingLender of the Obligations.

Indebtedness Secured. 2.1 This Deed of Trust The security interest granted hereby is executed and delivered by Grantor to secure payment in full of (i) any and enforce the following (the “Obligations”): all of the liabilities and obligations (primary, secondary, direct, contingent, sole, joint or several) due or to become due, or that are now or may be hereafter contracted or acquired, or owing, of Grantor to Beneficiary under this Deed of Trust, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith, in each case, whether now or hereafter existing, voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or not sums from time to time decreased or extinguished and later increased, created or incurred, and all or any portion of such obligations or liabilities that are paid, due from Debtor to the extent Bank, any instruments evidencing the indebtedness of Debtor to the bank and the full and complete performance of all agreements and documents executed or delivered pursuant to any part of such payment is avoided or recovered directly or indirectly indebtedness due from Debtor to the Beneficiary Bank all as a preference, fraudulent transfer or otherwise as such obligations same may be amended, supplemented, converted, modified or extended or modified from time to time. Without limiting the generality of the foregoing, the term “Obligations” shall include, without limitation: (i) principal of, and interest on, the Notes and the Loans (including any interest that accrues after the commencement of any proceeding commenced by or against any Person under any provision of title 11 of the United States Code, as in effect from time to time, or under any other state or federal bankruptcy or insolvency law, assignments for the benefit of creditors, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement or other similar relief (an “Insolvency Proceeding”) regardless of whether allowed or allowable in whole or in part as a claim in such Insolvency Proceeding); (ii) any other indebtedness of Debtor, whether evidenced by instruments executed by Debtor or not, payable and all other fees, legal fees and other expenses, indemnities, costs, obligations and liabilities owing to the Bank as provided by the terms of Grantor from time to time under or in connection with this Deed of Trust, the Notes, the Purchase Agreement, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith; such instrument (iii) payment of all advances made by the Major Transaction Prepayment Price (as defined in Bank to discharge taxes or levies on, or made for repairs to, maintenance of, or insurance of, the Notes)Collateral, and (iv) all amounts money or other credit heretofore and hereafter advanced by the Bank to or for the account of Debtor, (v) all other present or future, direct or contingent, liabilities of Debtor to the Bank of any nature whatsoever and (vi) all costs and expenses incurred in respect the collection of the foregoing that would be payable but for foregoing, including representation in any bankruptcy proceedings, including attorney's fees. It is the fact true, clear, and express intention of the Debtor that the obligations to pay such amounts are unenforceable continuing grant of this security interest remain as security for payment and performance of the indebtedness secured hereby, whether now existing, or which may hereinafter be incurred, or whether or not allowable due contemplated by the parties at the time of the granting of this security interest. The notice of the continuing grant of this security interest, therefore, shall not be required to be stated on the face of any document representing any such indebtedness, nor otherwise identify it as being secured hereby; and if such indebtedness shall remain, or become that of less than all of the Debtors herein, any Debtor not liable therefrom hereby expressly hypothecates his, her, its, or their ownership interest in the collateral to the existence of a bankruptcyextent required to satisfy said 4 Indebtedness, reorganization without restriction, or similar proceeding involving Grantorlimitation. Any reference in this Deed such Indebtedness shall be deemed to have been made pursuant to Section 400.9-204(5) of Trust or in the Transaction Documents to the Obligations shall include all or any portion thereof and any extensions, modifications, renewals or alterations thereof, both prior and subsequent to any Insolvency ProceedingUniform Commercial Code of Missouri.

Indebtedness Secured. 2.1 This Deed of Trust The security interest granted hereby is executed and delivered by Grantor to secure payment in full of: (i) any and enforce the following (the “Obligations”): all of the liabilities and obligations (primary, secondary, direct, contingent, sole, joint or several) due or to become due, or that are now or may be hereafter contracted or acquired, or owing, of Grantor to Beneficiary under this Deed of Trust, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith, in each case, whether now or hereafter existing, voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or not sums from time to time decreased due from Debtor to Bank arising under or extinguished and later increased, created or incurred, and all in connection with the Credit Agreement or any portion of such obligations or liabilities that are paidother Loan Document, to the extent all or any part other instruments evidencing the indebtedness of such payment is avoided Debtor to Bank and the full and complete performance of all agreements and documents executed or recovered directly or indirectly delivered pursuant to any indebtedness due from the Beneficiary Debtor to Bank, all as a preference, fraudulent transfer or otherwise as such obligations same may be amended, supplemented, converted, . modified or extended or modified from time to time. Without limiting the generality of the foregoing, the term “Obligations” shall include, without limitation: (i) principal of, and interest on, the Notes and the Loans (including any interest that accrues after the commencement of any proceeding commenced by or against any Person under any provision of title 11 of the United States Code, as in effect from time to time, or under any other state or federal bankruptcy or insolvency law, assignments for the benefit of creditors, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement or other similar relief (an “Insolvency Proceeding”) regardless of whether allowed or allowable in whole or in part as a claim in such Insolvency Proceeding); (ii) any and all other feesadvances made by Bank to discharge taxes or levies on, legal fees and other expensesor made for repairs to, indemnitiesmaintenance of, costs, obligations and liabilities of Grantor from time to time under or in connection with this Deed of Trustinsurance on, the NotesCollateral, the Purchase Agreement, the Guaranty, the other Transaction Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith; (iii) payment all money or other credit heretofore and hereafter advanced by Bank to or for the account of Debtor, including without limitation pursuant to the Major Transaction Prepayment Price (Credit Agreement, pursuant to that certain Credit Agreement dated as defined of May 14, 2015, as amended, and evidenced by a Revolving Line of Credit Note in the Notes)amount of $50,000,000 dated November 14, 2016, and pursuant to that certain commitment letter from Bank to Debtor dated March 14, 2014, as amended as of March 14, 2016 and as further amended as of November 1 0, 2016, and evidenced by a Promissory Note in the amount of $7,500,000 dated November 1 0, 2016, (iv) all amounts other present or future, direct or contingent, liabilities of Debtor to Bank of any nature whatsoever, and (v) all costs and expenses incurred in respect the collection of the foregoing that would be payable but for foregoing, including attorneys' fees and representation in any bankruptcy proceedings (alt of the fact above being referred to, collectively, as the "Obligations"). It is the true, clear, and express intention of Debtor that the obligations to pay such amounts are unenforceable continuing grant of this security interest remain as security for payment and performance of the Obligations, whether now existing, or which may hereinafter be incurred, or whether or not allowable due contemplated by the parties at the time of the granting of this security interest. The notice of the continuing grant of this security interest, therefore, shall not be required to be stated on the existence face of a bankruptcyany document representing any Obligations, reorganization or similar proceeding involving Grantornor otherwise identify it as being, secured hereby. Any reference in this Deed of Trust or in the Transaction Documents to the Obligations shall include all or any portion thereof and any extensions, modifications, renewals or alterations thereof, both prior and subsequent be deemed to any Insolvency Proceedinghave been made pursuant to Section 9-204 of the UCC.