Acknowledgement of Security Clause Samples

Acknowledgement of Security. Pursuant to that certain Collateral Trust and Security Agreement dated as of November 9, 2001 and amended as of June 27, 2003 among Buyer, the Security Trustee (as defined in Section 10(c) above) and Bear, ▇▇▇▇▇▇▇ Securities Corp., as securities intermediary, Buyer has granted to the Security Trustee a first priority security interest in all of Buyer’s right, title and interest in and to this Agreement and each Transaction hereunder. Seller acknowledges such security interest and understands that (i) the Security Trustee has the right to enforce the rights of Buyer hereunder, including the right of Buyer to give notices to Seller, to declare a Termination Date on behalf of Buyer hereunder, to determine Market Value and to calculate the Mandatory Early Repurchase Amount with respect to a Transaction as of the Mandatory Early Repurchase Date; (ii) the Security Trustee is an express third party beneficiary of this Agreement; and (iii) in no event will the Security Trustee incur any obligations or liabilities hereunder. Buyer acknowledges that the arrangement described in this subparagraph imposes no additional duties or obligations upon Seller.

Acknowledgement of Security. Pursuant to that certain Collateral Trust and Security Agreement dated as of November 9, 2001 among Buyer, The Chase Manhattan Bank, as trustee (the "Security Trustee") and Bear ▇▇▇▇▇▇▇ Securities Corp., as securities intermediary, Buyer has granted to the Security Trustee a first priority security interest in all of Buyer's right, title and interest in and to this Master Repurchase Agreement and each Transaction hereunder. Seller acknowledges such security interest and understands that the Security Trustee has the right to enforce the rights of Buyer hereunder, including the right of Buyer to give notices to Seller, to declare a Termination Date on behalf of Buyer hereunder, to determine Market Value and to calculate the Repurchase Price and Hedge Value as of the Mandatory Early Repurchase Date, that the Security Trustee is an express third party beneficiary of this Master Repurchase Agreement and in no event will the Security Trustee incur any obligations or liabilities hereunder.

Acknowledgement of Security. 20.1 In respect of each relevant Series of ETP Securities, each party to this Agreement acknowledges an assignment by way of security, in favour of the Trustee, pursuant to the Trust Deed for the Series, of all of the Issuer’s rights, title, interest and benefit present and future in, to and under this Agreement to the extent that they relate to such Series of ETP Securities. 1. The ETP Securityholder(s) must arrange with (i) Euroclear and / or (ii) Clearstream, Luxembourg, as applicable, for their Securities to be blocked to the order of the Trustee, so that the Trustee can aggregate the number of ETP Securities in respect of which ETP Securityholder Notice and Direction(s) have been received to determine whether holders of at least one-fifth in number of the outstanding ETP Securities wish the Trustee to give a Publication Event Redemption Notice. Directions given under ETP Securityholder Notice and Direction(s) (and in respect of which ETP Securities have been blocked) will remain in place until an ETP Securityholder notifies the Trustee that he wishes his ETP Securities to be unblocked. 2. In order to ensure that any indemnities provided are satisfactory to the Trustee, the form of indemnity for each ETP Securityholder to sign will be provided directly to each ETP Securityholder who contacts the Trustee and provides the Trustee through (i) Euroclear or (ii) Clearstream, Luxembourg, as applicable, with full contact details and confirmation of his holding of ETP Securities. Thereafter, the Trustee may ask for evidence of legal status and credit status as well as evidence as to due authorisation and execution of any indemnity provided. The indemnity will also require ETP Securityholders to appoint an agent for service of process in Ireland in order that the Trustee may be satisfied that it can enforce the indemnity if it is necessary to do so. 3. In order to ensure equal treatment, the form of the indemnity will not be negotiable, it will be unlimited and will provide that the Trustee can call on any indemnifying ETP Securityholder to indemnify the Trustee in full for all costs, liabilities and expenses it may incur. It will also provide that any ETP Securityholder who is called upon to provide funds under the indemnity should be able to seek a contribution from others who have given an indemnity, but the Trustee will not accept any responsibility to any ETP Securityholders for ensuring that indemnities are given by other ETP Securityholders, for the enfo...

Acknowledgement of Security. In respect of each relevant Series of ETP Securities, each party to this Determination Agency Agreement acknowledges an assignment by way of security, in favour of the Trustee, of all of the Issuer’s rights, title, interest and benefit present and future in, to and under this Determination Agency Agreement.

Acknowledgement of Security. The Custodian hereby acknowledges that pursuant to the Funding 2 Collateral Security Agreement the Security Provider has (i) granted in favour of Funding 2 a first fixed charge over all Posted Collateral and all Related Rights in relation to Posted Collateral; (ii) granted in favour of Funding 2 a first fixed charge over any amounts standing to the credit of the Cash Accounts and the Distribution Account and (iii) assigned to Funding 2 all the Security Provider's rights, title and interest in and under this Agreement (including, without limitation, its rights to require the Custodian to deliver securities to the Funding 2 Collateralised GIC Account Bank or to its order and its rights in and to the GIC Collateral Custody Account). The Custodian hereby further acknowledges that pursuant to the Funding 2 Deed of Charge, Funding 2 has created security over its rights under the Funding 2 Collateral Security Agreement and this Agreement in favour of the Funding 2 Security Trustee.

Acknowledgement of Security. Each Obligor hereby acknowledges, confirms and agrees in favour of the Sprott Parties that, upon and after giving effect to the Recapitalization Transactions: (a) each Project Finance Document to which it is a party remains in full force and effect and constitutes legal, valid and binding obligations of it enforceable against it in accordance with its respective terms; (b) each Guarantee to which it is a party remains in full force and effect, and continues to guarantee the payment and performance of all Obligations (as defined in each Guarantee) including the PF Obligations and constitutes legal, valid and binding obligations of it enforceable against it in accordance with its respective terms; (c) each of the Sprott Security Documents to which it is a party remains in full force and effect and constitutes legal, valid and binding obligations of it enforceable against it in accordance with its respective terms; and (d) the security interests, assignments, mortgages, charges, liens, hypothecations and pledges granted by it in favour of the Security Agent for and the benefit of the Sprott Entities pursuant to the Sprott Security Documents continue to secure the full payment and performance of the PF Obligations. Each Sprott Party and the Obligors hereby acknowledge, confirm and agree that each of this Agreement, the Convertible Debentures and the A&R Loan Agreement constitutes a “Project Finance Document” for the purposes of the Sprott Security Documents and the Security Sharing Agreement.

Acknowledgement of Security. In respect of each Series of Notes in respect of which the Custodian is named as such in the applicable Issue Terms, the Custodian hereby acknowledges that the Issuer has granted security over its rights under this Agreement and the Securities and the Cash in favour of the Trustee pursuant to the applicable Security Documents and the Custodian hereby confirms that it has notice of such security.

Acknowledgement of Security interest

Acknowledgement of Security. The Borrower, the Guarantor and DecisionPoint, as applicable, hereby acknowledge and agree, with respect to each and every one of the Security Documents, that such Security Documents: (a) have been validly and properly authorized, executed and delivered by the respective signatories thereto; (b) remain outstanding valid and enforceable security interests as security for the Credit Facility; and (c) are not subject to any collateral agreement or equitable right which would in any way affect the entitlement of the Bank as the holder of such Security Document to rely upon and enforce such security.