Concerning the Collateral Sample Clauses
Concerning the Collateral. (a) The Agent, the Issuing Bank and each of the Lenders authorizes and directs the Agent to enter into the Security Documents for its benefit and the benefit of the Lenders and the Issuing Bank and to perform all obligations of the Agent thereunder, including (without limitation) obligations to release Collateral. Each holder of any Obligations agrees that any action taken by the Required Lenders (or, where required by the express terms of this Agreement, a greater or lesser proportion of the Lenders) in accordance with the provisions of this Agreement or the Security Documents, and the exercise by the Required Lenders (or, where so required, such greater or lesser proportion) of the powers set forth herein or therein, together with such other powers as are reasonably incidental thereto, shall be authorized and binding upon all of the holders of Obligations.
(b) Each Lender hereby agrees that it will, upon request of the Borrower Representative or the Agent, confirm the Agent's authority to release, or direct the Agent to release, any Lien held by the Agent:
(i) against all of the Collateral, upon payment in full of the Obligations and expiration or termination of the obligations of the Lenders under this Agreement;
(ii) against any part of the Collateral sold or disposed of by a Borrower or any Subsidiary, if such sale or disposition is permitted by and is made in accordance with this Agreement; and against any Collateral which the Agent is required to release pursuant to the Security Documents or applicable law.
(c) The Agent shall not be accountable or liable for any release of Collateral which (i) the Agent in good faith believes is required under the Security Documents or any other Loan Document, or (ii) results from any failure to give, or delay in giving, any notice of termination of any rights of the Borrowers pursuant to the Security Documents or any other Loan Document.
Concerning the Collateral. Upon execution and delivery of the Security Agreement by the Company and the Collateral Agent and completion of the filings referred to in Schedule I to the Pledge and Security Agreement and Exhibit C to the Patent and Trademark Security Agreement, the Collateral Agent will have a first priority perfected security interest in the Collateral for the ratable benefit of the holders of the Note and the Other Notes.
Concerning the Collateral. Debtor (a) shall fully perform all of its duties under and in connection with each transaction to which any Collateral relates, (b) shall promptly notify Secured Party about any change in any fact or circumstances represented or warranted by Debtor about any Collateral, (c) shall promptly notify Secured Party of any claim, action, or proceeding affecting title to my Collateral or the Security Interest and, at Secured Party's request and Debtor's expense, appear in and defend that action or proceeding, (d) shall hold in trust for Secured Party all Collateral not delivered to Secured Party (without excusing any failure to deliver Collateral Documents to Secured Party as required by this agreement) and mark that Collateral on Debtor's records that it is subject to the S▇▇▇▇ity Interest (but the failure to do so does not unpair the Security Interest or its priority), (e) other than collections under SECTION 4.3 below, Debtor shall pay and deliver to Secured Party all items and types of property into which any Collateral may be converted (all of which is subject to the Security Interest) and properly endorse, assign, or take such other action as Secured Party may request in order to maintain and continue the Security Interest in that property, (f) may not compromise, extend, release, or adjust payments on any Mortgage Collateral, accept a conveyance of mortgaged property in full or partial satisfaction of any Mortgage Loan, or release any mortgage, deed of trust, or trust deed securing or underlying any Mortgage Collateral, and (g) may not agree to the amendment, termination, or substitution of any Take-Out Commitment covered by the Security Interest if that amendment, termination, or substitution would be a Material- Adverse Event.
Concerning the Collateral. The Mortgaged Properties are described in and covered by the Reserve Reports that have previously been delivered to and relied upon by Agent and Lenders in connection with this Agreement, and the Loan Parties own at least the decimal percentage Mineral Interest in such properties as specified in such engineering reports.
Concerning the Collateral. (i) On each Funding Date, Collateral Agent shall have received (or shall hold from prior closings) a broker's report and current insurance certificate confirming the insurance coverages on the Collateral which are required by the terms of the Collateral Documents.
(ii) On the first Funding Date, Borrower shall have obtained from each Person with any interest in the real property and/or the improvements thereon at each Designated Location (whether as fee owner, landlord, tenant, ground lessor, mortgagee, leasehold mortgagee, beneficiary of deed of trust, beneficiary of leasehold deed of trust or otherwise), a waiver of any and all right or interest that such Person may otherwise have in the Pledged Spare Parts and such Person's consent, if applicable, to access by the Collateral Agent, and/or any Lender or any representative of any of them to the premises in connection with the exercise of any rights or remedies under or pursuant to the Spare Parts Mortgage and Security Agreement (in each case, in form and substance satisfactory to the Collateral Agent).
Concerning the Collateral. 50 SECTION 4.14 REPRESENTATIONS AND WARRANTIES OF THE COLLATERAL AGENT.............................. 52
Concerning the Collateral. Notwithstanding the execution and delivery of this Agreement and completion of the transactions contemplated hereby, the Collateral Agent will continue to have a first priority perfected security interest in the Collateral for the ratable benefit of the holders of the Amended Note and the Other Amended Note.
Concerning the Collateral. Upon execution and delivery of the Security Agreement by the Company and the Collateral Agent and completion of the filings referred to in Schedule I to EXHIBIT D to this Agreement, the Collateral Agent will have a first priority perfected security interest in the Collateral for the ratable benefit of the holders of the Note and the Other Notes.
Concerning the Collateral. Each of the Lenders and the L/C Issuers hereby directs, in accordance with the terms hereof, the Agent to release any Lien held by the Agent for the benefit of the Lenders and the L/C Issuers against any part of the Collateral sold or disposed of by a Credit Party if such sale or disposition is permitted by this Agreement and so long as no Default or Event of Default has occurred and is continuing, the Agent agrees to release such Collateral promptly after the Borrower's request therefor. Each of the Lenders and the L/C Issuers hereby directs the Agent to execute and deliver or file such termination and partial release statements and do such other things as are necessary to release Liens to be released pursuant to this Section 4.11 promptly upon effectiveness of any such release and so long as no Default or Event of Default has occurred and is continuing, the Agent agrees to execute and deliver or file such termination and partial release statements and do such other things as are necessary to release such Liens, at the Borrower's request, upon or promptly after the Borrower's request therefor.
Concerning the Collateral. All Collateral (a) is genuine and in all respects what it purports to be, (b) is the legal, valid, and binding obligation of each Obligor (EXCEPT as enforceability may be limited by Debtor Laws), (c) is free from any claim for credit, deduction, or allowance of any Obligor and free from any defense, dispute, setoff, or counterclaim (other for payments made in respect of it), (c) if a Mortgage Loan, was originated and is in compliance with all Governmental Requirements (including, without limitation, all usury Governmental Requirements, the REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974, the EQUAL CREDIT OPPORTUNITY ACT, the FEDERAL TRUTH IN LENDING ACT, REGULATION Z promulgated by the Board of Governors of the Federal Reserve System, and all applicable federal and state consumer protection Governmental Requirements, (d) if a Mortgage Security, is duly authorized and validly issued, the transfer of which is not subject to any restrictions other than under the Credit Documents, (e) if a Take-Out Commitment or other contract, is in full force and effect without any material default having occurred by any party to it, and (f) conforms to the applicable requirements of eligibility under SCHEDULE 4.1 to the Credit Agreement.