Protection of the Collateral. (a) The Issuer intends the Security Interest Granted pursuant to this Indenture in favor of the Indenture Trustee on behalf of the Noteholders and the Credit Enhancer to be before all other liens on the Collateral (except as otherwise provided in the Transaction Documents). The Issuer shall take all actions necessary to obtain and maintain, for the benefit of the Indenture Trustee on behalf of the Noteholders and the Credit Enhancer, a first priority perfected Security Interest in the Collateral (except as otherwise provided in the Transaction Documents). The Issuer will execute and deliver any supplements and amendments to this Indenture and any Financing Statements, Continuation Statements, instruments of further assurance, and other instruments and will take any other action appropriate to:
Protection of the Collateral. (a) The Issuer intends the Security Interest Granted pursuant to this Indenture in favor of the Indenture Trustee on behalf of the Secured Parties to be before all other liens on the Collateral (except as otherwise provided in the Transaction Documents). The Issuer shall take all actions necessary to obtain and maintain, for the benefit of the Indenture Trustee on behalf of the Secured Parties, a first priority perfected Security Interest in the Collateral (except as otherwise provided in the Transaction Documents). The Issuer will execute and deliver any supplements and amendments to this Indenture and any Financing Statements, Continuation Statements, instruments of further assurance, and other instruments and will take any other action appropriate to:
Protection of the Collateral. At its option, Secured Party may discharge taxes, liens or other encumbrances at any time levied or placed on the Collateral, may pay for insurance on the Collateral and may pay for the maintenance and preservation of the Collateral. Debtor agrees to reimburse Secured Party on demand for any payment made or any expense incurred by Secured Party pursuant to the foregoing authorization. Any payments made by Secured Party shall be immediately due and payable by Debtor and shall bear interest at the rate of fifteen percent (15%) per annum. Until default, Debtor may retain possession of the Collateral and use it in any lawful manner not inconsistent with the provisions of this Agreement and any other agreement between Debtor and Secured Party, and not inconsistent with any policy of insurance thereon.
Protection of the Collateral. Guarantor shall defend the title to the Collateral against all claims and demands whatsoever. Guarantor shall keep the Collateral free and clear of all liens, charges, encumbrances, taxes and assessments, and shall pay all taxes, assessments and fees relating to the Colla-teral. Upon request by Secured Party, Guarantor shall furnish further assurances of title, execute any further instruments and do any other acts necessary to effectuate the purposes and provi-sions of this Agreement. Guarantor shall not sell, exchange, assign, transfer or otherwise dispose of the Collateral, and shall not encumber, hypothecate, mortgage, create a lien on or security interest in the Collateral, without the prior written consent of Secured Party in each instance. The risk of loss of the Collateral at all times shall be borne by Guarantor. Guarantor shall keep the Collateral in good repair and condition and shall not misuse, abuse or waste the Collateral or allow the Collateral to deteriorate except for normal wear and tear. Guarantor at all times shall maintain: (a) insurance covering the Collateral and all other property of Guarantor against loss or damage by fire and other hazards; (b) insurance against liability on account of damage to persons and property; (c) all insurance required under applicable workmen's compensa-tion laws; and (d) insurance covering such other risks as Secured Party reasonably may request. Such insurance shall be in amounts satisfactory to Secured Party, shall be maintained with responsi-ble insurance carriers, shall name Guarantor and Secured Party as their interests may appear as insured, and shall provided for at least ten days' notice to Secured Party prior to cancellation. Guarantor, from time to time, upon Secured Party's written re-quest, promptly shall furnish or cause to be furnished to Secured Party evidence of the maintenance of all insurance required to be maintained hereunder, including such originals or copies of policies, certificates of insurance, riders and endorsements re-lating thereto and proof of payment of premiums as Secured Party may request. If Guarantor shall fail to maintain any such insur-ance, Secured Party may, but shall not be obligated to, do so at the expense of Guarantor, in addition to the other rights and remedies of Secured Party. Guarantor hereby appoints Secured Party the representative of Guarantor for purposes of obtaining, ad-justing and canceling any such insurance and endorsing settlement drafts, and her...
Protection of the Collateral. The Issuer intends the security interest granted pursuant to this Indenture in favor of the Indenture Trustee on behalf of the Noteholders to be prior to all other Liens (other than Permitted Liens) in respect of the Collateral and the Issuer shall take all action necessary to obtain and maintain for the benefit of the Indenture Trustee on behalf of the Noteholders the first Lien on and a first priority perfected security interest (other than Permitted Liens) in the Collateral. The Issuer will from time to time execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action necessary or advisable to:
Protection of the Collateral. Debtor shall defend the title to the Collateral against all claims and demands whatsoever. Debtor shall keep the Collateral free and clear of all liens, charges, encumbrances, taxes and assessments, and shall pay all taxes, assessments and fees relating to the Collateral. Upon request by Secured Party, Debtor shall furnish further assurances of title, execute any further instruments and do any other acts necessary to effectuate the purposes and provisions of this Agreement. The risk of loss of the Collateral at all times shall be borne by Debtor. Debtor shall keep the Collateral in good repair and condition and shall not misuse, abuse or waste the Collateral or allow the Collateral to deteriorate except for normal wear and tear. The Collateral shall be kept at Debtor's place of business set forth above, except for temporary removal in connection with its ordinary use or unless Debtor shall have obtained the prior written consent of Secured Party for its removal to another location. Secured Party shall have the right to enter upon Debtor's premises at any reasonable time, and from time to time, to inspect the Collateral.
Protection of the Collateral. Debtor shall defend the title to the Collateral against all claims and demands whatsoever. Debtor shall keep the Collateral free and clear of all liens, charges, encumbrances, taxes and assessments, other than any of the same incurred in the ordinary course of business of Debtor, and shall pay all taxes, assessments and fees relating to the Collateral. Upon request by Secured Party, Debtor shall furnish further assurances of title, execute any further instruments and do any other acts necessary to effectuate the purposes and provisions of this Agreement. The risk of loss of the Collateral at all times shall be borne by Debtor. Debtor shall keep the Collateral in good repair and condition and shall not misuse, abuse or waste the Collateral or allow the Collateral to deteriorate except for normal wear and tear. Debtor at all times shall maintain: (a) insurance covering all tangible property of Debtor against loss or damage by fire and other hazards; (b) insurance against liability on account of damage to persons and property; and (c) all insurance required under applicable workmen's compensation laws in such amounts and kinds as presently carried by Debtor with such carrier or carriers as are presently being used by Debtor (or such other responsible insurance carriers as Debtor may reasonably hereafter substitute).
Protection of the Collateral. Debtor shall defend the title to the Collateral against all claims and demands whatsoever.
Protection of the Collateral. The Issuer agrees that it will, and will cause the Seller to, from time to time, at its expense, promptly execute and deliver all instruments and documents and take all actions as may be necessary or as the Indenture Trustee may reasonably request at the direction of the Holders of a Majority in Interest of any Series of Outstanding Investor Notes in order to perfect or protect the lien of this Base Indenture in the Collateral, defend its title to the Collateral or to enable the Indenture Trustee to exercise or enforce any of its rights hereunder. Without limiting the foregoing, the Issuer will, and will cause the Seller to, in order to accurately reflect the transactions contemplated by the Transaction Documents, (x) execute and file such financing or continuation statements or amendments thereto or assignments thereof as may be reasonably requested by the Indenture Trustee for the benefit of the Investor Noteholders and (y) marx xxs respective master data processing records and other documents with a legend describing the conveyance to the Issuer (in the case of the Seller) of the Receivables and the Related Property with respect thereto and the granting of the security in the Collateral to the Indenture Trustee for the benefit of the Investor Noteholders. The Indenture Trustee shall sign continuation statements and amendments thereto and assignments thereof prepared by and at the expense of the Issuer; provided, however, the Indenture Trustee shall have no duty to see to the maintenance of any recording or filing of any financing statements. The Issuer shall not, and shall not permit the Seller to, change its name, identity or corporate structure (within the meaning of Section 9-402(7) of the UCC), or relocate its respective chief executive office or any office where Records are kept unless it shall have: (i) given the Indenture Trustee at least thirty (30) days' prior written notice thereof and (ii) prepared at the Issuer's expense and delivered to the Indenture Trustee all financing statements, instruments and other documents necessary to preserve and protect the lien of this Base Indenture in the Collateral or reasonably requested by the Indenture Trustee in connection with such change or relocation. Any filings under the UCC or otherwise that are occasioned by such change in name or location shall be made by, and at the expense of, the Issuer.
Protection of the Collateral. All Collateral shall be free and clear of any liens and restrictions on the transfer hereof, except as specifically permitted or granted herein. The Borrower shall defend the title to the Collateral against all claims and demands which could have an effect on the Noteholders' rights or privileges hereunder. Except as set forth in the Securitization documents, the Collateral Sharing Agreement, the Exchange Pledge Agreements and the Textron Documents, the Borrower shall keep the respective Collateral free and clear of all liens, claims, security interests, restrictions of transfer, charges, encumbrances, taxes and assessments, and shall pay all taxes, assessments and fees relating to the Collateral. The Borrower will exclude from contracts to which it becomes a party after the date hereof provisions that would prevent the Borrower from creating and maintaining in favor of the Noteholders a security interest in the Collateral as pledged hereby. The Borrower shall not modify, amend or waive any terms or conditions of the Collateral or the Textron Collateral (including the waiver of a default), or any rights or interest therein, without the prior written consent of the registered holders of not less than fifty percent (50%) in aggregate principal amount of the Exchange Notes and the Notes, considered as a single class, then outstanding that have a security interest in such Collateral. The Borrower will not sell, assign, transfer or otherwise dispose of any of the Collateral. The Borrower will not take any action or suffer to exist any conditions that could have an adverse effect on the Noteholders' rights (including, without limitation, the security interest in the Collateral) granted hereunder, subject to the Textron Documents.
