Additional Collateral Provisions Clause Samples

The "Additional Collateral Provisions" clause sets out the requirements and procedures for a party to provide extra collateral beyond the initial amount agreed upon in a contract. This clause typically details the circumstances under which additional collateral may be demanded, such as a decline in the value of existing collateral or a change in the creditworthiness of a party, and outlines the types of acceptable collateral and the process for delivering it. Its core practical function is to protect the secured party by ensuring that sufficient collateral is maintained throughout the contractual relationship, thereby mitigating the risk of loss if the other party defaults.
Additional Collateral Provisions. (a) If any Collateral is in the possession or control of any agents or processors of a Debtor and Agent so requests, such Debtor agrees to notify such agents or processors in writing of Agent’s lien and security interest therein and instruct them to hold all such Collateral for Agent’s account and subject to Agent’s instructions. Each Debtor will, upon the request of Agent, authorize and instruct all bailees and any other parties, if any, at any time processing, labeling, packaging, holding, storing, shipping or transferring all or any part of the Collateral to permit the Secured Parties and their respective representatives to examine and inspect any of the Collateral then in such party’s possession and to verify from such party’s own books and records any information concerning the Collateral or any part thereof which the Secured Parties or their respective representatives may seek to verify. (b) Each Debtor agrees from time to time to deliver to Agent such evidence of the existence, identity, and location of its Collateral and of its availability as collateral security pursuant hereto (including, without limitation, schedules describing all Receivables created or acquired by such Debtor, copies of customer invoices or the equivalent and original shipping or delivery receipts for all merchandise and other goods sold or leased or services rendered by it, together with such Debtor’s warranty of the genuineness thereof, and reports stating the book value of its Inventory and Equipment by major category and location), in each case as Agent may reasonably request. Agent shall have the right to verify all or any part of the Collateral in any manner, and through any medium, which Agent considers appropriate and reasonable (provided the Debtorsobligation to reimburse the Secured Parties for any costs of verifications shall be subject to the terms of this Agreement), and each Debtor agrees to furnish all assistance and information, and perform any acts, which Agent may reasonably require in connection therewith. (c) Section 3 of the Perfection Certificate contains a true, complete, and current listing of all patents, trademarks, tradestyles, copyrights, and other intellectual property rights (including all registrations and applications therefor) owned by each of the Debtors as of the Closing Date that are registered with any governmental authority. The Debtors shall promptly notify Agent in writing of any additional intellectual property rights acquired or aris...
Additional Collateral Provisions. (a) Borrowers will defend the Collateral against all Liens (other than Permitted Liens), and claims and demands of all Persons at any time claiming the same or any interest therein. Borrowers agree to comply with the requirements of all state and federal laws and requests of Agent in order for Agent to have and maintain a valid and perfected first security interest and/or mortgage Lien in the Collateral. (b) In addition to the foregoing, Borrowers shall perform all further acts that may be lawfully and reasonably required by Agent to secure Agent and effectuate the intentions and objects of this Agreement.
Additional Collateral Provisions. Borrowers will defend the Collateral against all Liens (other than Permitted Liens), and claims and demands of all Persons at any time claiming the same or any interest therein. Borrowers agree to comply with the requirements of all state and federal laws and requests of Agent in order for Agent to have and maintain a valid and perfected first security interest and/or mortgage Lien in the Collateral including, without limitation, executing such documents as Agent may require to obtain control over all Deposit Accounts, Letter-of-Credit Rights and Investment Property, as applicable. Furthermore, Borrowers shall promptly notify Agent in writing upon incurring or otherwise obtaining a Commercial Tort Claim against any third party, and, upon the request of Agent, shall promptly enter into such security agreements and do such other things or acts deemed appropriate by Agent to give Agent a fully valid, perfected and enforceable security interest in any such Commercial Tort Claim. Collateral shall include any such Commercial Tort Claim, and the authorization given by Borrowers to Agent in Section 3.2 above to file financing statements covering the Collateral shall include the authorization to file financing statements with respect to any such Commercial Tort Claim. Borrowers warrant and represent that they do not own any Commercial Tort Claims as of the date hereof.
Additional Collateral Provisions. 87 SECTION 6.4 APPLICATION OF PROCEEDS. 91 SECTION 6.5 ADDITION OF CAPITAL CONTRIBUTIONS. 92 SECTION 7.1 APPOINTMENT AND AUTHORIZATION. 92 SECTION 7.2 AGENTS AND AFFILIATES. 92 SECTION 7.3 ACTIONS BY AGENT. 92 SECTION 7.4 DELEGATION OF DUTIES; CONSULTATION WITH EXPERTS. 93 SECTION 7.5 LIABILITY OF AGENTS. 93 SECTION 7.6 INDEMNIFICATION. 96 SECTION 7.7 CREDIT DECISION. 96 SECTION 7.8 SUCCESSOR AGENT. 97 SECTION 8.1 COLLECTION OF MONEY. 97 SECTION 8.2 COLLECTION ACCOUNT. 99 SECTION 8.3 PAYMENT ACCOUNT; FUTURE FUNDING RESERVE ACCOUNT; LENDER COLLATERAL ACCOUNT; CLOSING EXPENSE ACCOUNT. 101 SECTION 8.4 CUSTODIAL ACCOUNT. 104 SECTION 8.5 ACQUISITION OF COLLATERAL LOANS AND ELIGIBLE INVESTMENTS. 106
Additional Collateral Provisions. (a) Section 1.01 of the Base Indenture is hereby amended by inserting the following text after the definition ofAcquired Debt,” but before the definition of “Affiliate”:
Additional Collateral Provisions. 122 Section 6.4 Application of Proceeds ........................................................................126 Section 6.5 Capital Contributions ............................................................................127 ARTICLE VII
Additional Collateral Provisions. 1. This Agreement may not be modified, amended, assigned, negotiated, transferred or changed without the express written consent of a duly authorized officer of the Surety. 2. By exercising or failing to exercise any of its rights, options or elections hereunder, the Surety shall not be deemed to have waived any breach or default on the part of any of the Owner and/or Principal or to have released any undersigned from any Owner and/or Principal of his/her/its/their obligations hereunder, unless such waiver or release is in writing and is signed by a duly authorized officer of the Surety. In addition, the waiver by the Surety of any breach or default hereunder shall not be deemed to constitute a waiver of any succeeding breach or default. 3. The Surety, the Owner, and the Principal agree that the place of performance of this Agreement, including the promise to pay the Surety, shall be in Los Angeles County, California, and venue for any suit, arbitration, mediation or any other form of dispute resolution shall be, at Surety’s option, the location of the collateral or Los Angeles County, California.
Additional Collateral Provisions. Borrowers will defend the Collateral against all Liens (other than Permitted Liens), and claims and demands of all Persons at any time claiming
Additional Collateral Provisions 
Additional Collateral Provisions