094 SECURITY INTEREST IN COLLATERAL Clause Samples

094 SECURITY INTEREST IN COLLATERAL. No later than, and at all times after, the Conversion Date (but subject to Section 4.03(d)), the Customer shall grant to the Security Agent, for the benefit of AEF, the Lenders and the associated Project Lenders in accordance with the terms of the Intercreditor Agreement, a valid Lien in or on all of the Customer's Collateral (except, subject to the following provisions of this Section 9.04 in the case of Government Approvals constituting Collateral, where such Lien cannot be created under applicable law). Such Liens shall be first priority and perfected at all such times, PROVIDED that if the Liens with respect to the Satellite or any Government Approval constituting Collateral (the "SUBJECT COLLATERAL") shall not be capable of being so perfected (or, in the case of such Government Approvals, created) under applicable law after the Customer shall have taken all reasonable steps to perfect (or, in the case of such Government Approvals, to create) such Lien, the Customer shall take the following additional actions with respect to security interests: (a) if the Customer shall have been determined to be a Category 1 Customer (other than a Category 1C Customer that is not rated by a Major Rating Agency), the Customer shall provide whatever means to perfect a Lien as is normally constituted by the then-present practices (as determined by AEF) of third-party creditors intending to create perfected Liens in assets comparable to the Subject Collateral, (as determined by AEF), under the applicable law as of such Conversion Date of each relevant jurisdiction, in secured satellite or transponder financings, PROVIDED that to the extent that the law applicable to the perfection of a security interest in the Satellite is the law of a State of the United States of America (and without limitation on the application of the law of any other jurisdiction to the extent applicable), the parties hereto recognize that the Uniform Commercial Code in effect in such jurisdiction does not as of the Closing Date expressly address the perfection of Liens in satellites and agree that the Customer shall (i) provide for whatever means to perfect a Lien in orbiting satellites as is normally constituted by the then-present practices of third-party creditors conducting a material lending business in the United States of America intending to create perfected security interests in assets comparable to the Satellite in orbit, (ii) in the absence of such present practices, assume that the Satel...

Related to 094 SECURITY INTEREST IN COLLATERAL

  • Security Interest in Collateral The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all of the Collateral in favor of the Administrative Agent, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral, securing the Secured Obligations, enforceable against the applicable Loan Party and all third parties, and having priority over all other Liens on the Collateral except in the case of (a) Permitted Encumbrances, to the extent any such Permitted Encumbrances would have priority over the Liens in favor of the Administrative Agent pursuant to any applicable law or agreement and (b) Liens perfected only by possession (including possession of any certificate of title) to the extent the Administrative Agent has not obtained or does not maintain possession of such Collateral.

  • Grant of Security Interest in Collateral As an inducement for the Secured Parties to extend the loans as evidenced by the Debentures and to secure the complete and timely payment, performance and discharge in full, as the case may be, of all of the Obligations, each Debtor hereby unconditionally and irrevocably pledges, grants and hypothecates to the Secured Parties a security interest in and to, a lien upon and a right of set-off against all of their respective right, title and interest of whatsoever kind and nature in and to, the Collateral (a “Security Interest” and, collectively, the “Security Interests”).

  • Security Interest in the Collateral To secure the prompt payment and performance to Agent and each Lender of the Obligations, each Borrower hereby assigns, pledges and grants to Agent for its benefit and for the ratable benefit of each Lender a continuing security interest in and to and Lien on all of its Collateral, whether now owned or existing or hereafter acquired or arising and wheresoever located. Each Borrower shall ▇▇▇▇ its books and records as may be necessary or appropriate to evidence, protect and perfect Agent’s security interest and shall cause its financial statements to reflect such security interest. Each Borrower shall promptly provide Agent with written notice of all commercial tort claims, such notice to contain the case title together with the applicable court and a brief description of the claim(s). Upon delivery of each such notice, such Borrower shall be deemed to hereby grant to Agent a security interest and lien in and to such commercial tort claims and all proceeds thereof.

  • Security Interest and Collateral To secure the payment and performance of the Obligations, Borrower hereby grants Lender a security interest (herein called the "Security Interest") in the following Collateral, whether now owned or hereafter acquired by Borrower and wherever located, and all products and proceeds thereof: (a) Crops, whether annual or perennial, whether grown, growing or to be grown, and whether harvested or unharvested, the products and proceeds thereof and stored grain (including all of the foregoing designated as inventory) and any negotiable or nonnegotiable documents, scale tickets and the like resulting from the storage thereof; also seed, fertilizer, chemicals, and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (b) Livestock (including livestock in gestation) and their young, products and proceeds and progeny thereof and produce thereof, including all livestock designated as inventory; also feed, medicines and other supplies used or produced by Borrower in farming operations; also accounts, contract rights (including proceeds from insurance policies covering the other Collateral), instruments, documents and general intangibles, whether now owned or hereafter acquired and wherever located; hedging and commodity accounts or agreements, now or hereafter or in effect, together with all rights in and to such accounts or agreements and all payments due or to become due thereunder. (c) All of Borrower’s equipment and machinery, and all accessions and attachments thereto and replacements and substitutions therefore (the Equipment). Borrower shall not remove any of the Collateral from locations disclosed in this Agreement, nor sell, convey or encumber said Collateral, provided, however, that Borrower may sell said Collateral or any part thereof if, and only if: (i) the proceeds of such sale are made payable jointly to Lender and Borrower if requested by ▇▇▇▇▇▇, it being specifically understood and agreed that all Obligations secured by the Collateral to the extent of the sale price shall be due and payable at the time of such sale; and (ii) Borrower sells the Collateral only to buyers listed on the Credit Application if required pursuant to the terms of Subsection 2(c) below.

  • Security Interests in Collateral To secure their Obligations under this Agreement and the other Loan Documents, the Loan Parties shall grant to the Collateral Agent, for its benefit and the ratable benefit of the other Secured Parties, a first-priority security interest in all of the Collateral pursuant to the Security Documents.