Collateral Security Agreement Clause Samples

A Collateral Security Agreement is a legal provision that establishes a lender's right to claim specific assets from a borrower as security for a loan or other obligation. In practice, this clause details the types of assets pledged—such as real estate, equipment, or inventory—and outlines the conditions under which the lender may seize or sell these assets if the borrower defaults. Its core function is to reduce the lender's risk by providing a tangible means of recovering losses, thereby facilitating access to credit and ensuring repayment security.
Collateral Security Agreement. (a) The Collateral is not subject to any Liens other than Liens permitted by Section 5.
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Collateral Security Agreement. The Custodian shall not be bound to, and shall not, enquire as to the validity of any Secured Party Notice received by it from the Secured Party or as to whether the Secured Party is entitled to demand all or certain of the Charged Assets or as to the type of Charged Assets which have been selected and the Custodian shall be entitled to rely on such Secured Party Notice without liability to any person for so doing. The Secured Party shall not be entitled to deliver a Secured Party Notice at any time after it has delivered a Notice of Discharge pursuant to Section 3.6 (and as defined therein). Until such time as a Secured Party Notice or a Notice of Discharge becomes effective, as the case may be, the Custodian shall be entitled to rely and act upon any Authorised Instructions from the Instructing Party. In the event that the Custodian receives a Secured Party Notice from Funding 2 (in its capacity as Secured Party) and/or a Notice of Discharge on the same day on which the Custodian receives an Enforcement Notice from the Funding 2 Security Trustee, Funding 2 and the Funding 2 Security Trustee agree that the Custodian shall be under no obligation to provide an acknowledgement in respect of the Secured Party Notice and shall be under no obligation to act in accordance with the Notice of Discharge. In the event that the Custodian receives a Secured Party Notice on the same day on which the Custodian receives a Notice of Discharge, the Security Provider, Funding 2 and the Funding 2 Security Trustee agree that the Custodian shall be under no obligation to act in accordance with the Notice of Discharge.
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Collateral Security Agreement. As collateral security for the full and prompt payment when due (whether at stated maturity, by acceleration or otherwise) of, and the performance of, all the Obligations and to induce the Lender to make the Loans, (i) the Borrower hereby assigns, conveys, mortgages, pledges, hypothecates and transfers to the Collateral Agent, for the benefit of the Lender, and hereby grants to the Collateral Agent, for the benefit of the Lender, a security interest in, all of the Borrower's rights, title and interest in, to and under the Collateral, and (ii) the Borrower hereby assigns, conveys, mortgages, pledges, hypothecates and transfers to the Collateral Agent, for the benefit of the Lender, and hereby grants to the Collateral Agent, for the benefit of the Lender, a second priority security interest in, all of the Borrower's right, title and interest in, to and under the Chase Collateral, which security interest shall be subject to the prior rights of Chase therein under the Chase Agreement, as further described in paragraph 5(b) hereof. In addition, as collateral security for the full and prompt payment when due (whether at stated maturity, by acceleration or otherwise) of, and the performance of, all the Chase Obligations and to induce Chase to agree to the provisions hereof and to make further Loans under the Chase Agreement, the Borrower hereby assigns, conveys, mortgages, pledges, hypothecates and transfers to the Collateral Agent, for the benefit of Chase, and hereby grants to the Collateral Agent, for the benefit of Chase, a second priority security interest shall be subject to the prior rights of the Lender therein under this Agreement, as further described in paragraph 5(b) hereof. All provisions of the HomeSide Security Agreement are incorporated by reference herein, MUTATIS MUTANDIS, to the extent applicable to any of the Collateral as defined above, and the Borrower agrees, covenants and makes representations and warranties herein as set forth therein, PROVIDED that (i) all references therein related to items of type included in such Collateral shall be deemed to refer only to such items included in or related to such Collateral, and the terms defined therein and referred to in the definition of Collateral herein shall be modified as set forth in such definition, (ii) all references therein to the "Collateral Agent" or "Administrative Agent" shall be deemed to refer the Collateral Agent as defined herein, and all references therein to "Lenders" shall be d...
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Collateral Security Agreement. To secure all the Obligations, Applicant has granted to Issuer a security interest in certain property of Applicant (the "Collateral") pursuant to that Security Agreement (MMDA Investment Option) of even date herewith between Applicant and Issuer (as amended, supplemented or otherwise modified from time to time, the "Security Agreement").
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Collateral Security Agreement. The Borrower, Holdings and each ----------------------------- Subsidiary Guarantor shall have duly authorised, executed and delivered a Collateral Security Agreement in form and substance satisfactory to the Administrative Agent (as modified, supplemented or amended from time to time, the "Collateral Security Agreement") and shall have delivered to Collateral ----------------------------- Agent all the Pledged Securities referred to therein then owned, if any, by such Credit Party, (y) endorsed in blank in the case of promissory notes constituting Pledged Securities referred to therein then owned, if any, by such Credit Party, and (z) together with executed and undated stock powers, in the case of capital stock constituting Pledged Securities and the other documents and instruments required to be delivered under the Collateral Security Agreement together with: (i) proper financing statements (Form UCC-1 or such other financing statements or similar notices as shall be required by local law) fully executed for filing under the UCC or other appropriate filing offices of each jurisdiction as may be necessary or, in the opinion of Agent, desirable to perfect the security interests purported to be created by the Collateral Security Agreement; (ii) certified copies of Requests for Information or Copies (Form UCC-7), or equivalent reports, listing all effective financing statements or similar notices that name the Borrower or its Subsidiaries (by its actual name or any trade name, fictitious name or similar name), or any division or other operating unit thereof, as debtor and that are filed in the jurisdiction referred to in said clause (i), together with copies of such other financing statements (none of which shall cover the Collateral except to the extent evidencing Permitted Liens or for which the Administrative Agent shall have received termination statements (Form UCC-3 or such other termination statements as shall be required by local law) fully executed for filing); (iii) evidence of the completion of all other recordings and filings of, or with respect to, the Collateral Security Agreement and all other actions as may be necessary or, in the opinion of the Administrative Agent, desirable to perfect the security interests intended to be created by the Collateral Security Agreement or any other Security Document; and (iv) evidence that all other actions necessary, or in the reasonable opinion of Agent, desirable to perfect the security interests purported ...
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Collateral Security Agreement. As collateral security for the full and prompt payment when due (whether at stated maturity, by acceleration or otherwise) of, and the performance of, all the Obligations and to induce the Lender to make the Loans, the Borrower hereby assigns, conveys, mortgages, pledges, hypothecates and transfers to Lender, and hereby grants to the Lender, a security interest in, all of the Borrower's right, title and interest in, to and under the Collateral. All provisions of the HomeSide Security Agreement are incorporated by reference herein, MUTATIS MUTANDIS, to the extent applicable to any of the Collateral as defined above, and the Borrower agrees, covenants and makes representations and warranties herein as set forth therein, PROVIDED that (i) all references therein related to items of the type included in such Collateral shall be deemed to refer only to such items included in or related to such Collateral, and the terms defined therein and referred to in the definition of Collateral herein shall be modified as set forth in such definition, (ii) all references therein to the "Collateral Agent", "Administrative Agent" or "Lenders" being deemed to refer to the Lender, (iii) all references therein to "Grantor" shall be deemed to refer to the Borrower, (iv) provisions solely relating to items of Collateral under (and as defined in) the HomeSide Security Agreement that are not included in the definition of Collateral above shall be disregarded for purposes hereof and (v) such other modifications thereto shall be deemed made as are necessary to effectuate the intent of the parties hereunder. Without limiting the foregoing, the Lender shall have all rights and remedies of a secured party in respect of the Collateral as provided under the Uniform Commercial Code in effect in the State of New York from time to time.
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Collateral Security Agreement. Upon the request of the Required Banks, as security for the punctual payment in full of all Notes (including all payments of principal, and interest and other costs contemplated hereby), Borrowers shall execute and deliver to First Union, as Agent, the Security Agreement and such other documents as may be necessary to constitute and evidence a perfected first priority security interest in the Collateral (as defined in the Security Agreement, hereinafter referred to as the "Collateral").
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Collateral Security Agreement 
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Related to Collateral Security Agreement

  • Collateral Security (a) The Obligations shall be secured by (a) a perfected first-priority security interest (subject to Permitted Liens entitled to priority under Applicable Law) in all Collateral, whether now owned or hereafter acquired, pursuant to the terms of the Security Agreement to which each Borrower is a party to the extent perfected by the filing of UCC financing statements; (b) a pledge of 100% of the capital stock or other Equity Interests of such Borrowers (other than the Parent) and of the Non-Borrower Subsidiaries (other than the Foreign Subsidiaries) to the Administrative Agent on behalf of the Secured Parties pursuant to the Pledge Agreement; and (c) a pledge of the capital stock or other Equity Interests of each Foreign Subsidiary (provided that not more than 65% of the total voting power of all outstanding capital stock or other Equity Interest of any such first-tier Foreign Subsidiary of a Borrower shall be required to be so pledged and no Equity Interests of any non-first-tier Foreign Subsidiary shall be provided to be so pledged); provided that the Borrowers hereby agree, upon the request of the Administrative Agent and the Required Lenders, to deliver, as promptly as practicable, but in any event within ninety (90) days after request therefor, or such other later time, if any, to which the Administrative Agent may agree, (i) certificates of titles for all or substantially all vehicles, trucks, trailers, tractors, automobiles and any other equipment covered by certificates of title owned by a Borrower (collectively, “Motor Vehicles”) with the Administrative Agent listed as lienholder therein (subject to a limited power of attorney in favor of the Parent to dispose of titled equipment) and, if required by the Administrative Agent, the Borrowers shall retain Corporation Service Company (or other similar company satisfactory to the Administrative Agent) pursuant to agreements reasonably satisfactory to the Administrative Agent pursuant to which Corporation Service Company (or such other company) will agree to act as agent for the Secured Parties with respect to the perfection of security interests in the Motor Vehicles; and (ii) mortgages with respect to Real Property and to take such other steps and make such other deliveries as may be reasonably requested by the Administrative Agent (including, without limitation, the delivery of legal opinions, Consulting Engineer’s reports, surveys, title insurance, environmental assessment reports, flood hazard certifications, evidence of flood insurance, if required, and a certification of the name and address of each real estate recording office where a mortgage on the real estate on which any Collateral consisting of fixtures may be located would be recorded) so as to provide the Administrative Agent, for the benefit of the Secured Parties, a perfected first-priority security interest in such assets, provided that to the extent that any lease of (or operating/management agreement with respect to) Real Property prohibits assignment of such lease (or operating/management agreement) without the consent of the lessor or another party thereunder, the Borrowers shall not be required to grant a mortgage on the leasehold interest under such lease, but in such event, the Borrowers agree to diligently and in good faith use its reasonable best efforts to obtain the consent (which consent shall be in form and substance reasonably satisfactory to the Administrative Agent) of the applicable lessor or other party to such leasehold mortgage (and, upon the receipt of such consent, the Borrowers shall promptly grant such leasehold mortgage and comply with the other provisions of this Section 10.15 with respect thereto). (b) In the event any Borrower disposes of any assets or Equity Interests as permitted under, and in compliance with, Section 7.04(b) (including any amendment thereof or consent thereunder), or in the event that the Parent designates any Borrower as an Excluded Subsidiary or a Non-Borrower Subsidiary hereunder and no Default would result from such designation, and so long as such Borrower (or the Parent, in the case of designating a Borrower as an Excluded Subsidiary hereunder) shall have provided the Administrative Agent with such certifications or documents, if any, as the Administrative Agent shall reasonably request, the Administrative Agent will, at the Borrowers’ sole cost and expense, and without recourse to or warranty by the Administrative Agent, execute and deliver all such forms, releases, discharges, assignments, termination statements, and similar documents as the Borrowers may reasonably request in order to release such Person from its Obligations under the Loan Documents and to release the Liens granted to the Administrative Agent with respect to such assets, Equity Interests or Borrower, as applicable.

  • Collateral; Security Interest (a) Pursuant to the Custodial Agreement, the Custodian shall hold the Mortgage Loan Documents and the Pledged Securities as exclusive bailee, agent and securities intermediary, within the meaning of Article 8 of the Uniform Commercial Code, for the benefit of Agent on behalf of Lender pursuant to terms of the Custodial Agreement and shall deliver Trust Receipts (as defined in the Custodial Agreement) to Agent each to the effect, inter alia, that it has reviewed such Mortgage Loan Documents in the manner and to the extent required by the Custodial Agreement and identifying any deficiencies in such Mortgage Loan Documents as so reviewed. (b) All of Borrower's right, title and interest in, to and under each of the following items of property, whether now owned or hereafter acquired, now existing or hereafter created and wherever located, is hereinafter referred to as the "COLLATERAL": (i) all Mortgage Loans; (ii) all Mortgage Loan Documents, including, without limitation, all promissory notes and all Servicing Records, Servicing Agreements and any other collateral pledged or otherwise relating to such Mortgage Loans, together with all files, documents, instruments, surveys, certificates, correspondence, appraisals, computer programs (subject to any restrictions on transfer under any related licensing agreement), computer storage media, accounting records and other books and records relating thereto, including electronic records; (iii) all mortgage guaranties and insurance (issued by governmental agencies or otherwise) and any mortgage insurance certificate or other document evidencing such mortgage guaranties or insurance relating to any Mortgage Loan and all claims and payments thereunder; (iv) all other insurance policies and insurance proceeds relating to any Mortgage Loan or the related Mortgaged Property; (v) all Interest Rate Protection Agreements, relating to or constituting any and all of the foregoing; (vi) all Cash Collateral; (vii) all Pledged Securities;

  • Collateral and Security Documents The due and punctual payment of the principal of, premium and interest on the Notes when and as the same shall be due and payable, whether on a Payment Date, at the Maturity Date, or by acceleration, repurchase, redemption or otherwise, and interest on the overdue principal of, premium and interest on the Notes to the Holders or the Indenture Trustee under this Indenture, the Notes and the other Security Documents, and all other amounts in respect of the Secured Obligations according to the terms hereunder or thereunder, shall be secured by a security interest in the Collateral as provided in the Security Documents, which define the terms of the Liens that secure the Secured Obligations. The Issuer hereby acknowledges and agrees that the Indenture Trustee holds the Collateral in trust for the benefit of the Holders, pursuant to the terms of the Security Documents. Each Holder, by accepting a Note, consents and agrees (subject to Section 4.11) to the terms of the Security Documents (including the provisions providing for the possession, use, release and foreclosure of Collateral) as the same may be in effect or may be amended from time to time in accordance with their respective terms and this Indenture, and authorizes and directs the Indenture Trustee to enter into the Security Documents and, subject to the provisions of this Indenture, to perform its obligations and exercise its rights thereunder in accordance herewith and therewith. The Issuer shall take any and all actions reasonably required to cause the Security Documents to create and maintain at all times, as security for the Secured Obligations of the Issuer hereunder, a valid and enforceable perfected Lien on all of the Collateral, in favor of the Indenture Trustee for the benefit of the Holders under the Security Documents. The Issuer hereby covenant (A) to perform and observe its obligations under the Security Documents and (B) take any and all commercially reasonable actions (including without limitation the covenants set forth in the Security Documents and in this Article 9) required to cause the Security Documents to create and maintain, as security for the Secured Obligations contained in this Indenture, the Notes and the other Security Documents, valid and enforceable, perfected (except as expressly provided herein or therein) security interests in and on all the Collateral, in favor of the Indenture Trustee, superior to and prior to the rights of all third Persons, and subject to no other Liens, in each case, except as expressly permitted herein or therein. The Issuer shall do or cause to be done, at its sole cost and expense, all such actions and things as may be necessary, or as may be required by the provisions of the Security Documents, to confirm to the Indenture Trustee the security interests in the Collateral contemplated hereby and by the Security Documents, as from time to time constituted, so as to render the Collateral available for the security and benefit of this Indenture and of the Notes secured hereby, according to the intent and purpose herein and therein expressed.

  • Security Agreements On the Closing Date, (x) Holdings and the Borrower shall have duly authorized, executed and delivered the Security Agreement substantially in the form of Exhibit E (as amended, modified, restated and/or supplemented from time to time, the “Security Agreement”) covering all of Holdings’ and the Borrower’s present and future Collateral referred to therein (including, as applicable, by reference to the Perfection Certificate) (the “Security Agreement Collateral”) and (y) Borrower and Holdings shall have duly authorized, executed and delivered the Perfection Certificate and shall have delivered the following: (i) proper financing statements (Form UCC-1 or the equivalent) authorized for filing under the UCC or other appropriate filing offices of each jurisdiction and, in the case of the Borrower, filings with the United States Patent and Trademark Office and United States Copyright Office, in each case, as may be reasonably necessary or desirable to perfect the security interests purported to be created by the Security Agreement and as set forth on Schedule 6 to the Perfection Certificate; (ii) all stock certificates or Instruments (as defined in the Security Agreement), if any, representing or evidencing the Security Agreement Collateral (to the extent required by the Security Agreement) accompanied by instruments of transfer and stock powers undated and endorsed in blank; and (iii) certified copies, each of a recent date, of (x) requests for information or copies (Form UCC-1), or equivalent reports as of a recent date, listing all effective financing statements that name Holdings or the Borrower as debtor and that are filed in the jurisdictions referred to in clause (i) above, together with copies of such other financing statements that name Holdings or the Borrower as debtor (none of which shall cover any of the Collateral except to the extent evidencing Permitted Liens or to the extent such financing statements will be terminated as contemplated by Section 6.05), (y) United States Patent and Trademark Office and United States Copyright Office searches reasonably requested by the Administrative Agent and (z) reports as of a recent date listing all effective tax and judgment liens with respect to Holdings or the Borrower in each jurisdiction as the Administrative Agent may reasonably require.

  • Collateral Agency Agreement New Secured Party hereby acknowledges receipt of a copy of the executed Collateral Agency Agreement. New Secured Party hereby becomes (and is hereby designated by GECC) a Secured Party under the Collateral Agency Agreement. New Secured Party agrees to be bound by the terms thereof and hereby authorizes Collateral Agent to act on its behalf under the Collateral Agency Agreement with respect to its Designated Lease Assets set forth on Schedule I attached hereto.