Common use of Continuing Security Agreement Clause in Contracts

Continuing Security Agreement. (a) Except as may be expressly applicable pursuant to Section 9-505 of the Code, no action taken or omission to act by Secured Party hereunder, including, without limitation, any exercise of voting or consensual rights pursuant to Section 6.06(d) hereof or any other action taken or inaction --------------- pursuant to Section 6.02 hereof, shall be deemed to constitute a retention of ------------ the Collateral in satisfaction of the Obligations or otherwise to be in full satisfaction of the Obligations, and the Obligations shall remain in full force and effect until Secured Party shall have applied payments (including, without limitation, collections from Collateral) towards the Obligations in the full amount then outstanding or until such subsequent time as is hereinafter provided in Section 7.06(b) hereof. --------------- (b) To the extent that any payments on the Obligations or proceeds of the Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other Person under any bankruptcy law, common law or equitable cause, then to such extent the Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been received by Secured Party, and Secured Party's security interests, rights, powers and remedies hereunder shall continue in full force and effect. In such event, this Agreement shall be automatically reinstated if it shall theretofore have been terminated pursuant to Section 7.07 hereof. ------------

Appears in 1 contract

Sources: Stock Pledge Agreement (HWCC Shreveport Inc)

Continuing Security Agreement. (a) Except as may be expressly otherwise provided by applicable pursuant to law (including, without limitation, Section 9-505 9.620 of the Code), no action taken or omission to act by Secured Party Collateral Trustee hereunder, including, without limitation, any exercise of voting or consensual rights pursuant to Section 6.06(d) hereof 6.06 or any other action taken or inaction --------------- pursuant to Section 6.02 hereof6.02, shall be deemed to constitute a retention of ------------ the Collateral in satisfaction of the Secured Obligations or otherwise to be in full satisfaction of the Secured Obligations, and the Secured Obligations shall remain in full force and effect effect, until Secured Party Collateral Trustee shall have applied payments (including, without limitation, collections from Collateral) towards the Secured Obligations in the full amount then outstanding or until such subsequent time as is hereinafter provided in Section 7.06(bsubsection (b) hereof. ---------------below. (b) To the extent that any payments on the Secured Obligations or proceeds of the Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other Person under any bankruptcy law, common law or equitable cause, then to such extent the Secured Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been received by Secured PartyCollateral Trustee, and Secured Party's Collateral Trustee’s security interests, rights, powers and remedies hereunder shall continue in full force and effect. In such event, this Agreement shall be automatically reinstated if it shall theretofore have been terminated pursuant to Section 7.07 hereof. ------------7.09.

Appears in 1 contract

Sources: Second Lien Pledge and Security Agreement (SM Energy Co)

Continuing Security Agreement. (a) Except as may be expressly applicable pursuant to Section 9-505 of the Code, no action taken or omission to act by the Collateral Agent or the Secured Party Parties hereunder, including, without limitation, any exercise of voting or consensual rights pursuant to Section 6.06(d) hereof 4.07 or any other action taken or inaction --------------- pursuant to Section 6.02 hereof6.02, shall be deemed to constitute a retention of ------------ the Collateral in satisfaction of the Obligations or otherwise to be in full satisfaction of the Obligations, and the Obligations shall remain in full force and effect effect, until the Collateral Agent and the Secured Party Parties shall have applied payments (including, without limitation, collections from Collateral) towards the Obligations in the full amount then outstanding or until such subsequent time as is hereinafter provided in Section 7.06(bsubsection (b) hereof. ---------------below. (b) To the extent that any payments on the Obligations or proceeds of the Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other Person under any bankruptcy law, common law or equitable cause, then to such extent the Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been received by the Collateral Agent or the Secured PartyParities, and the Collateral Agent's and the Secured Party's Parties' security interests, rights, powers and remedies hereunder shall continue in full force and effect. In such event, this Agreement shall be automatically reinstated if it shall theretofore have been terminated pursuant to Section 7.07 hereof. ------------7.08.

Appears in 1 contract

Sources: Stock Pledge Agreement (Panda Interfunding Corp)

Continuing Security Agreement. (a) Except as may be expressly applicable pursuant to Section 9-505 of the Code, no action taken or omission to act by Secured Party hereunder, including, without limitation, any exercise of voting or consensual rights pursuant to Section 6.06(d) hereof or any other action taken or inaction --------------- pursuant to Section 6.02 hereof, This Agreement shall be deemed to constitute create a retention of ------------ continuing security interest in the Collateral and shall, unless otherwise provided in satisfaction of the Obligations Indenture or otherwise to be in full satisfaction of the Obligationsthis Agreement, and the Obligations shall (i) remain in full force and effect until Secured Party shall have applied payments (including, without limitation, collections from Collateral) towards the payment in full is made of all Obligations in accordance with the full amount then outstanding or until such subsequent time as is hereinafter provided in Section 7.06(bterms of the Indenture, (ii) hereof. ---------------be binding upon Pledgor, its successors and assigns, and (iii) inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders and each of their respective successors, transferees and assigns. (b) To the extent that any payments on the Obligations or proceeds of the Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other Person under any bankruptcy law, common law or equitable cause, then to such extent the Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been be received by Secured PartyParty or the Holders, and Secured Party's and the Holders' security interests, rights, powers and remedies hereunder shall continue in full force and effect. In such event, this Agreement shall be automatically reinstated if it shall theretofore have been terminated pursuant to Section 7.07 hereof. ------------7.05.

Appears in 1 contract

Sources: Security Agreement (New Horizons of Yonkers Inc)

Continuing Security Agreement. (a) Except as may be expressly otherwise provided by applicable pursuant to law (including, without limitation, Section 9-505 620 of the Code), no action taken or omission to act by Secured Party Collateral Trustee hereunder, including, without limitation, any exercise of voting or consensual rights pursuant to Section 6.06(d) hereof or any other action taken or inaction --------------- pursuant to Section 6.02 hereof6.02, shall be deemed to constitute a retention of ------------ the Collateral in satisfaction of the Secured Obligations or otherwise to be in full satisfaction of the Secured Obligations, and the Secured Obligations shall remain in full force and effect effect, until Secured Party Collateral Trustee shall have applied payments (including, without limitation, collections from Collateral) towards the Secured Obligations in the full amount then outstanding or until such subsequent time as is hereinafter provided in Section 7.06(bsubsection (b) hereof. ---------------below. (b) To the extent that any payments on the Secured Obligations or proceeds of the Collateral are subsequently invalidated, declared to be fraudulent or preferential, set aside or required to be repaid to a trustee, debtor in possession, receiver or other Person under any bankruptcy law, common law or equitable cause, then to such extent the Secured Obligations so satisfied shall be revived and continue as if such payment or proceeds had not been received by Secured PartyCollateral Trustee, and Secured Party's Collateral Trustee’s security interests, rights, powers and remedies hereunder shall continue in full force and effect. In such event, this Agreement shall be automatically reinstated if it shall theretofore have been terminated pursuant to Section 7.07 hereof. ------------7.09.

Appears in 1 contract

Sources: Second Lien Security Agreement (SM Energy Co)