Addition of Collateral Clause Samples
The Addition of Collateral clause establishes the right or obligation for a party to provide additional collateral to secure an existing obligation or exposure. In practice, this clause may be triggered if the value of existing collateral falls below a specified threshold or if the underlying risk increases, requiring the posting of more assets such as cash or securities. Its core function is to protect the secured party by ensuring that sufficient collateral is maintained throughout the duration of the agreement, thereby mitigating credit risk and maintaining the integrity of the secured transaction.
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Addition of Collateral. (a) After the Closing Date, Borrower shall have the right, at its sole option, subject to the consent of the Agent and the Required Lenders as required under (iii) below and the satisfaction by Borrower of the conditions set forth in this §5.3, to add any specific component of Potential Collateral to the Collateral. In the event Borrower desires to add such Potential Collateral as aforesaid, Borrower shall provide written notice to the Agent of such request (which the Agent shall promptly furnish to the Lenders), together with all documentation and other information reasonably required to permit the Agent and the Lenders to assess such Potential Collateral being proposed as Collateral. No Potential Collateral shall be included as Collateral unless and until the following conditions precedent being proposed as Collateral shall have been satisfied:
(i) Borrower or the owner of the Collateral shall have executed and delivered to the Agent all Eligible Collateral Qualification Documents, all of which instruments, documents or agreements shall be in form and substance reasonably satisfactory to the Agent and the Lenders together with an executed Borrowing Base Availability Certificate in the form of Exhibit E;
(ii) after giving effect to the inclusion of such Potential Collateral in connection with each requested advance, each of the representations and warranties made by or on behalf of the Borrower or any of its Subsidiaries contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true in all material respects both as of the date as of which it was made and shall also be true as of the time of the addition (or any replacement) of Collateral, with the same effect as if made at and as of that time (it being understood and agreed that any representation or warranty which by its terms is made as of a specified date shall be required to be true and correct only as of such specified date), except to the extent of changes resulting from transactions permitted by the Loan Documents, and no Default or Event of Default shall have occurred and be continuing, and the Agent shall have received a certificate of Borrower to such effect; and
(iii) approval of the inclusion of such asset as Collateral by the Agent and the Required Lenders in their sole discretion.
Addition of Collateral. (a) Required Additions.
(i) If,(A) as determined on any Determination Date, the Asset Pool One Transferor Amount for the prior Monthly Period is less than the Asset Pool One Required Transferor Amount for such prior Monthly Period, the Issuer shall (1) designate Receivables in additional Accounts for inclusion in Asset Pool One (each, an "Additional Asset Pool One Account"), (2) designate one or more Additional Collateral Certificates for inclusion in Asset Pool One (each, an "Additional Asset Pool One Collateral Certificate") or (3) increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates pursuant to Section 2.2 or Section 2.3 in a sufficient amount such that, after giving effect to such addition or increase, the Asset Pool One Transferor Amount for the prior Monthly Period would have been at least equal to the Asset Pool One Required Transferor Amount for such prior Monthly Period, or (B) as determined on any Determination Date, the Asset Pool One Pool Balance for the prior Monthly Period is less than the Asset Pool One Minimum Pool Balance for such prior Monthly Period, the Issuer shall (1) designate Receivables in Additional Asset Pool One Accounts for inclusion in Asset Pool One, (2) designate one or more Additional Asset Pool One Collateral Certificates for inclusion in Asset Pool One or (3) increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates pursuant to Section 2.2 or Section 2.3 in a sufficient amount such that, after giving effect to such addition or increase, the Asset Pool One Pool Balance would have been equal to or greater than the Asset Pool One Minimum Pool Balance for such prior Monthly Period; provided, however, that in the event of a Servicer Rating Event, the Asset Pool One Transferor Amount and the Asset Pool One Pool Balance will be determined on a daily basis in accordance with a method to be determined by the Transferor, subject to satisfaction of the Note Rating Agency Condition. Any increase in the Invested Amount of one or more existing Asset Pool One Collateral Certificates shall occur and/or designation of Receivables in any Additional Asset Pool One Accounts and/or any Additional Asset Pool One Collateral Certificates to be transferred to the Trust and designated for inclusion in Asset Pool One shall be transferred to the Trust and designated for inclusion in Asset Pool One, as applicable, on or before the thirtieth Business Day following such Determinat...
Addition of Collateral. At any time during the term hereof and subject to the conditions set forth herein, the Borrower may deliver or cause to be delivered additional Collateral to secure the Obligations or to secure the obligations of any Guarantor. Prior to the effectiveness of such delivery to affect the calculation of the Maximum Advance Amount, the following conditions must be satisfied:
(a) with respect to each item of additional Collateral, all of the conditions set forth in ss. 11 and all other requirements with respect to Collateral set forth herein must be completely met to the satisfaction of the Majority Lenders, including, without limitation, the delivery of all Security Documents and title insurance, the delivery and approval of all due diligence reports, and the payment of all out-of-pocket costs incurred by the Lenders in connection with the review and acceptance of such additional Collateral;
(b) contemporaneously with the delivery of such additional Collateral, the Borrower shall deliver to the Agent a Compliance Certificate, the certifications within which shall take into account the additional Collateral;
(c) contemporaneously with the delivery of such additional Collateral, the Borrower and the Agent shall execute an Addendum to Loan Agreement setting forth the additional Collateral and the Maximum Advance Amount calculated on the basis of the addition of the additional Collateral, and the Borrower shall pay to the Agent the Addendum Fee.
Addition of Collateral. Borrower and ▇▇▇▇▇▇ agree that the Lender may, without notice to the undersigned and without affecting the liability of the Borrower, accept additional security for this Note.
Addition of Collateral. Mortgage and Assignment of Rents securing property at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ will be added as collateral effective the date of this agreement.
Addition of Collateral. Increasing Available Loan Amount. Provided that no Default or Event of Default has occurred and is continuing and that no Property shall constitute more than 20% of the Borrowing Base Value, prior to the Termination Date, Borrower may, subject to the limitations set forth herein and the satisfaction of the terms of this Section 2.18, add additional commercial real estate properties, which are approved by all of the Lenders in their sole discretion, and which are acquired and owned in fee simple by Borrower or leased by Borrower pursuant to a ground lease acceptable in all respects to all of the Lenders in their sole discretion (each an "Approved Property"), to the Borrowing Base and thereby increase the Available Loan Amount, by subjecting the Additional Property to the Lien of a new mortgage, deed of trust, deed to secure debt or similar security instruments, in the same form and substance as the Mortgage, to the Lien of the Loan Documents, as a first lien thereon. Any Approved Property shall be designated by Agent as an Approved Acquisition Property or an Approved Development Property, and shall be added to the Borrowing Base and, subject to the continued satisfaction of the Available Borrowing Base Covenant (after giving effect to the Additional Properties added thereto), the Available Loan Amount shall be increased as follows:
(i) At such time as all of the conditions set forth in Section 2.18(c) are met as to an Approved Development Property, the Available Loan Amount shall be increased by an amount equal to 30% of the Appraised Value of such Approved Development Property, but only until the earlier of (i) the date fifteen months from the date Borrower acquires such Property, or (ii) the date upon which the conditions of set forth in Section 2.18(a)(ii) are satisfied;
(ii) At such time as all of the conditions set forth in Section 2.18(d) are met as to an Approved Development Property, the Available Loan Amount shall be increased by an amount equal to 65% of the Appraised Value of such Approved Development Property; and
(iii) At such time as all of the conditions set forth in Section 2.18(e) are met as to an Approved Acquisition Property, the Available Loan Amount shall be increased by an amount equal to 65% of the Appraised Value of such Approved Acquisition Property.
(b) Amendment to Section 2.18(c). Section 2.18(c) is hereby amended by adding the following Section 2.18 (c) (iii) to Section 2.18(c):
Addition of Collateral. The Borrower hereby agrees to grant a mortgage (or cause its applicable Subsidiary to grant a mortgage) to the Administrative Agent, all in accordance with the terms of SECTION 7.12 of this Agreement, as soon as possible but in no event later than November 30, 2002, on the real 112 property of the Borrower or any of its Subsidiaries holding such title located in or near Sacramento, California and as further identified to the Administrative Agent (the "MORTGAGED CALIFORNIA REAL ESTATE"), in favor of the Administrative Agent on behalf of the Lenders to secure payment of their respective Loans, a continuing security interest of first priority in all the right, title and interest of the Borrower and such applicable Subsidiaries, as the case may be, in the Mortgaged California Real Estate.
Addition of Collateral. Borrowers and Lender agree that, effective as of the date of this Amendment, the Solar Facility project described in, and which is the subject of, the Purchase Agreement, and all Receipts associated therewith, and all other Collateral of Maili (as defined in Exhibit B-1 hereto), plus the CHP Plant, and all Receipts associated therewith, and all other Collateral of Sumter (as defined in Exhibit B-1 hereto), shall be and are deemed to be Included Projects under the Credit Agreement, and part of the Collateral for all Obligations. In this regard, promptly after the full execution of this Amendment by Borrowers and Lender, the Lender shall have the right to file a UCC-3 Amendment form for each of the UCC-1’s to reflect the foregoing change in Collateral (or, if applicable or as Lender may elect, new UCC-1’s to reflect the foregoing additional Collateral).
Addition of Collateral. The Company may propose an amendment to Schedule 1.1 increasing the amount of Eligible Equipment only if it delivers a Bonding Base Certificate, signed by the Independent Appraiser, which shall state the Value of Eligible Equipment proposed to be added to Collateral. The Surety will execute such proposed amendment to Schedule 1.1; provided that each item of equipment proposed to be added to Collateral constitutes Eligible Equipment.
Addition of Collateral. Two hundred thousand (200,000) unissued and not outstanding partnership units of Lodging Fund REIT Ill OP, LP will be added as collateral effective the date of this agreement.