Common use of Continuing Security Interest; Termination Clause in Contracts

Continuing Security Interest; Termination. (a) This Agreement shall create a continuing security interest in and to the Collateral and shall, unless otherwise provided in this Agreement, remain in full force and effect until the payment in full in cash of the Secured Obligations. This Agreement shall be binding upon the Grantor, its transferees, successors and assigns, and shall inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders of the Notes, the Pledged Securities Intermediary and their respective successors, transferees and assigns. (b) This Agreement (other than Grantor’s obligations under Sections 12 and 14) shall terminate upon the earlier of (i) the payment in full in cash of the Secured Obligations and (ii) the payment in full in cash of the first six scheduled interest payments on all of the Notes. At such time, the Trustee shall, pursuant to an Issuer Order, direct the Pledged Securities Intermediary to promptly transfer to the Grantor all of the Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Trustee in accordance with the terms of this Agreement and the Indenture and take all other actions that are necessary to release the security interest created by this Agreement in and to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect to the Collateral. Such transfer shall be without warranty by or recourse to the Trustee in its capacity as such, except as to the absence of any liens on the Collateral created by or arising through the Trustee, and shall be at the expense of the Grantor.

Appears in 4 contracts

Sources: Pledge Agreement (Nektar Therapeutics), Pledge Agreement (Nektar Therapeutics), Pledge Agreement (Nektar Therapeutics)

Continuing Security Interest; Termination. (a) This Agreement shall create a continuing security interest in and to the Collateral and shall, unless otherwise provided in this Agreement, shall (a) remain in full force and effect until the indefeasible payment in full in cash of the Secured Obligations. This Agreement shall Obligations and termination of Obligee's obligations to lend and extend credit under the Secured Agreement, (b) be binding upon the each Grantor, its transferees, successors and assigns, assigns and shall (c) inure, together with the rights and remedies of the Trustee Collateral Agent and Obligee hereunder, to the benefit of Collateral Agent and Obligee and the Trustee, the Holders of the Notes, the Pledged Securities Intermediary and their respective successors, transferees and assigns. assigns of each. Without limiting the generality of the foregoing clause (b) This Agreement (c), Obligee may, subject to the provisions of the Secured Agreement, assign or otherwise transfer the Note, or portion thereof, or any other than Grantor’s obligations under Sections 12 secured hereby and 14) any agreements or instruments executed in connection therewith to any other person or entity, and such other person or entity shall terminate upon thereupon become vested with all the earlier of (i) benefits in respect thereof granted to Obligee herein or otherwise. Upon the indefeasible payment in full in cash of the Secured Obligations and (ii) termination of Obligee's obligations to lend or extend credit under the payment in full in cash of the first six scheduled interest payments on all of the Notes. At such timeSecured Agreement, the Trustee shall, pursuant to an Issuer Order, direct the Pledged Securities Intermediary to promptly transfer to the Grantor all of the Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Trustee in accordance with the terms of this Agreement and the Indenture and take all other actions that are necessary to release the security interest created by this Agreement in granted hereby shall terminate and all rights to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect Collateral shall revert to the CollateralGrantors. Such transfer shall be Upon any such termination, Collateral Agent will, at the Grantors' expense, execute and deliver to the Grantors, against receipt and without recourse to or warranty by or recourse Collateral Agent, such documents as the Grantors shall reasonably request to the Trustee in its capacity as such, except as to the absence of any liens on the Collateral created by or arising through the Trustee, and shall be at the expense of the Grantorevidence such termination.

Appears in 4 contracts

Sources: Personal Property Security Agreement (Atlantic Gulf Communities Corp), Personal Property Security Agreement (Atlantic Gulf Communities Corp), Junior Personal Property Security Agreement (Atlantic Gulf Communities Corp)

Continuing Security Interest; Termination. (a) This Pledge Agreement shall create a continuing security interest in and to the Collateral and shall, unless otherwise provided in this Pledge Agreement, remain in full force and effect until the earlier of the payment in full in cash of the Secured ObligationsObligations or the payment in full of the first scheduled interest payments on the Notes. This Pledge Agreement shall be binding upon the GrantorPledgor, its transfereessuccessors, successors transferees and assigns, and shall inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders of the Notes, the Pledged Securities Intermediary Notes and their respective successors, transferees and assigns. (b) This Pledge Agreement (other than Grantor’s Pledgor's obligations under Sections 12 10 and 1412) shall terminate upon the earlier of (i) the payment in full in cash of the Secured Obligations and (ii) the payment in full in cash of the first six scheduled interest payments on all of the NotesObligations. At such time, the Trustee shall, pursuant to an Issuer Order, direct the Pledged Securities Intermediary to promptly transfer reassign and redeliver to the Grantor Pledgor all of the Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Trustee in accordance with the terms of this Pledge Agreement and the Indenture Indenture, and take all other actions that are necessary to release the security interest created by this Pledge Agreement in and to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect to the Collateral. Such transfer reassignment and redelivery shall be without warranty by or recourse to the Trustee in its capacity as such, except as to the absence of any liens Liens on the Collateral created by or arising through the Trustee, and shall be at the reasonable expense of the GrantorPledgor.

Appears in 2 contracts

Sources: Collateral Pledge and Security Agreement (Teligent Inc), Collateral Pledge and Security Agreement (Teligent Inc)

Continuing Security Interest; Termination. (a) This Agreement shall create Section 3 creates a continuing security interest in and to the Collateral and shall, unless otherwise provided in this Agreement, shall (i) remain in full force and effect until the payment or satisfaction in full in cash of the Secured Obligations. This Agreement shall Obligations (other than any contingent indemnity obligations), (ii) be binding upon the GrantorBorrower and the Company, its transferees, and their respective successors and assignsassigns and (iii) except to the extent that the rights of any transferor or assignor are limited by the terms of this Agreement, and shall inure, together with the rights and remedies of the Trustee hereunderCollateral Agent, to the benefit of the TrusteeCollateral Agent and the holders of Notes. The Borrower’s and the Company’s successors and assigns shall include, the Holders of the Noteswithout limitation, the Pledged Securities Intermediary and their respective successorsa receiver, transferees and assignstrustee or debtor-in possession thereof or therefor. (b) This Agreement (other than Grantor’s obligations under Sections 12 and 14) shall terminate upon the earlier of (i) Upon the payment in full in cash of the Secured Obligations (other than any contingent indemnity obligations), the security interests granted pursuant to this Section 3 shall terminate and (ii) all rights to the payment in full in cash Collateral shall revert to the Borrower and the Company, as applicable. Upon any such termination of the first six scheduled interest payments on all of the Notes. At such timesecurity interests hereunder, the Trustee shall, pursuant to an Issuer Order, direct Borrower and the Pledged Securities Intermediary to promptly transfer Company shall each be entitled to the Grantor all return, upon its request and at its expense, of such of the Collateral hereunder that has held by the Collateral Agent as shall not have been sold, disposed of, retained sold or otherwise applied by or on behalf of the Trustee in accordance with pursuant to the terms hereof and the Collateral Agent will, at the Borrower’s and the Company’s expense, execute and deliver to the Borrower or the Company, as applicable such other documents as they shall reasonably request to evidence such termination. In connection with any transfers, sales or other dispositions of assets permitted under this Agreement and the Indenture and take all or any other actions release of Collateral that are necessary to release the security interest created may be required in connection with any other action which is permitted by this Agreement, the Collateral Agent will release and terminate the Liens granted under this Agreement in and to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect to the Collateral. Such transfer shall be without warranty by or recourse to the Trustee in its capacity as such, except as to the absence of any liens on the Collateral created by or arising through the Trustee, and shall be at the expense of the Grantorsuch assets.

Appears in 2 contracts

Sources: Senior Secured Note and Warrant Purchase Agreement (Jazz Pharmaceuticals Inc), Senior Secured Note and Warrant Purchase Agreement (Jazz Pharmaceuticals Inc)

Continuing Security Interest; Termination. (a) This Agreement shall create a continuing security interest in and to the Collateral and shall, unless otherwise provided in this Agreement, remain in full force and effect until the payment in full in cash of the Secured Obligations. This Agreement shall be binding upon the Grantor, its transferees, successors and assigns, and shall inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders of the NotesSecurities, the Pledged Securities Intermediary and their respective successors, transferees and assigns. (b) This Agreement (other than Grantor’s obligations under Sections 12 and 14) shall terminate upon the earlier of (i) the payment in full in cash of the Secured Obligations and (ii) the payment in full in cash of the first six scheduled interest payments on all of the NotesSecurities. At such time, the Trustee shall, pursuant to an Issuer Order, direct the Pledged Securities Intermediary to promptly transfer to the Grantor all of the Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Trustee in accordance with the terms of this Agreement and the Indenture and take all other actions that are necessary to release the security interest created by this Agreement in and to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect to the Collateral. Such transfer shall be without warranty by or recourse to the Trustee in its capacity as such, except as to the absence of any liens on the Collateral created by or arising through the Trustee, and shall be at the expense of the Grantor.

Appears in 2 contracts

Sources: Pledge Agreement (Oscient Pharmaceuticals Corp), Pledge Agreement (Oscient Pharmaceuticals Corp)

Continuing Security Interest; Termination. (a) This Except as provided in Section 21(b), this Agreement shall create a continuing security interest in and to the Collateral and shall, unless otherwise provided in this Agreement, shall (i) remain in full force and effect until the later of the payment or satisfaction in full in cash of the Secured Obligations. This Agreement shall Obligations (other than contingent indemnity obligations), (ii) be binding upon the GrantorGrantors, its transferees, their successors and assigns, assigns and shall (iii) inure, together with the rights and remedies of the Trustee Secured Parties hereunder, to the benefit of the TrusteeSecured Parties, the Holders of the Notes, the Pledged Securities Intermediary and their respective successors, transferees successors and assigns. Nothing set forth herein or in the Loan Agreement is intended or shall be construed to give any other person any right, remedy or claim under, to or in respect of this Agreement or any Collateral. The Grantors' successors and assigns shall include, without limitation, a receiver, trustee or debtor-in- possession thereof or therefor. (b) This Agreement (other than Grantor’s obligations under Sections 12 and 14) shall terminate upon the earlier of (i) Upon the payment in full in cash of the Secured Obligations and (ii) the payment in full in cash of the first six scheduled interest payments on all of the Notes. At such timeother than contingent indemnity obligations), the Trustee shall, pursuant to an Issuer Order, direct the Pledged Securities Intermediary to promptly transfer to the Grantor all of the Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Trustee in accordance with the terms of this Agreement and the Indenture and take all other actions that are necessary to release the security interest created by this Agreement in granted hereby shall terminate and all rights to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect Collateral shall revert to the CollateralGrantors. Such transfer Upon any such termination of security interest, the Grantors shall be without warranty by or recourse entitled to the Trustee in its capacity return, upon their request and at their expense, of such of the Collateral held by the Secured Parties as such, except as shall not have been sold or otherwise applied pursuant to the absence of any liens on terms hereof and the Collateral created by or arising through the TrusteeSecured Parties will, and shall be at the expense of Grantors' expense, execute and deliver to the GrantorGrantors such other documents as the Grantors shall reasonably request to evidence such termination.

Appears in 2 contracts

Sources: Security Agreement (Aegis Consumer Funding Group Inc), Security Agreement (Aegis Consumer Funding Group Inc)

Continuing Security Interest; Termination. (a) This Pledge Agreement shall create a continuing security interest in and to the Collateral and shall, unless otherwise provided in the Indenture or in this Pledge Agreement, remain in full force and effect until the payment in full in cash of the Secured Obligations. This Pledge Agreement shall be binding upon the GrantorPledgor, its transferees, successors and assigns, and shall inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders of the Notes, the Pledged Securities Intermediary Notes and their respective successors, transferees and assigns. (b) This In addition to the provisions of Section 6(e) hereof and subject to the provisions of Section 17.10 hereof, this Pledge Agreement (other than Grantor’s obligations under Sections 12 and 14) shall terminate upon the earlier of (i) the payment in full in cash of the Secured Obligations and (ii) the payment in full in cash of the first six scheduled interest payments on all of the NotesObligations. At such time, and subject to Section 12, the Trustee shall, pursuant to an Issuer Order, direct the Pledged Securities Intermediary to promptly transfer reassign and redeliver to the Grantor Pledgor all of the Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Trustee in accordance with the terms of this Pledge Agreement and the Indenture and take all other actions that are necessary to release the security interest created by this Agreement in and to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect to the CollateralIndenture. Such transfer reassignment and redelivery shall be without warranty by or recourse to the Trustee in its capacity as such, except as to the absence of any liens Liens on the Collateral created by or arising through the Trustee, and shall be at the reasonable expense of the GrantorPledgor.

Appears in 2 contracts

Sources: Collateral Pledge and Security Agreement (World Access Inc /New/), Collateral Pledge and Security Agreement (Startec Global Holdings Corp)

Continuing Security Interest; Termination. (a) This Pledge Agreement shall create a continuing security interest in and to the Collateral and shall, unless otherwise provided in the Indenture or in this Pledge Agreement, remain in full force and effect until the payment in full in cash of the Secured Obligations. This Pledge Agreement shall be binding upon the GrantorPledgor, its transferees, successors and assigns, and shall inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders of the Notes, the Pledged Securities Intermediary Notes and their respective successors, transferees and assigns. (b) This In addition to the provisions of Section 6(e) and subject to the provisions of Section 17.9, this Pledge Agreement (other than Grantor’s obligations under Sections 12 and 14) shall terminate upon the earlier of (i) the payment in full in cash of the Secured Obligations and (ii) the payment in full in cash of the first six scheduled interest payments on all of the NotesObligations. At such time, and subject to Section 12, the Trustee shall, pursuant to an Issuer Order, direct the Pledged Securities Intermediary to promptly transfer reassign and redeliver to the Grantor Pledgor all of the Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Trustee in accordance with the terms of this Pledge Agreement and the Indenture and take all other actions that are necessary to release the security interest created by this Agreement in and to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect to the CollateralIndenture. Such transfer reassignment and redelivery shall be without warranty by or recourse to the Trustee in its capacity as such, except as to the absence of any liens Liens on the Collateral created by or arising through the Trustee, and shall be at the reasonable expense of the GrantorPledgor.

Appears in 1 contract

Sources: Collateral Pledge and Security Agreement (Birch Telecom Inc /Mo)

Continuing Security Interest; Termination. (a) This Agreement shall create a continuing security interest in and to the Collateral and shall, unless otherwise provided in this Agreement, remain in full force and effect until the payment in full in cash of the Secured Obligations. This Agreement shall be binding upon the Grantor, its transferees, successors and assigns, and shall inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders of the Notes, the Pledged Securities Intermediary and their respective successors, transferees and assigns. (b) This Agreement (other than Grantor’s obligations under Sections 12 and 1414 hereof) shall terminate upon the earlier of (i) the payment in full in cash of the Secured Obligations and (ii) the payment in full in cash of the first six scheduled interest payments on all of the Notes. At such time, the Trustee shall, pursuant to an Issuer Order, direct the Pledged Securities Intermediary to promptly transfer to the Grantor all of the Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Trustee in accordance with the terms of this Agreement and the Indenture and take all other actions that are necessary to release the security interest created by this Agreement in and to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect to the Collateral. Such transfer shall be without warranty by or recourse to the Trustee in its capacity as such, except as to the absence of any liens on the Collateral created by or arising through the Trustee, and shall be at the expense of the Grantor.

Appears in 1 contract

Sources: Pledge Agreement (Global Crossing LTD)

Continuing Security Interest; Termination. (a) This Agreement shall create a continuing security interest in and to the Collateral and shall, unless otherwise provided in this Agreement, remain in full force and effect until the payment in full in cash of the Secured Obligations. This Agreement shall be binding upon the Grantor, its transferees, successors and assigns, and shall inure, together with the rights and remedies of the Indenture Trustee hereunder, to the benefit of the Indenture Trustee, the Holders of the NotesSecurities, the Pledged Securities Intermediary Pledge Trustee and their respective successors, transferees and assigns. (b) This Agreement (other than Grantor’s 's obligations under Sections 12 and 14) shall terminate upon on the earlier later of (i) the payment in full in cash of the Secured Obligations and (ii) the payment in full in cash of the first six scheduled interest payments on all of the NotesJuly 27, 2002. At such time, the Indenture Trustee shall, pursuant to an Issuer Order, direct the Pledged Securities Intermediary Pledge Trustee to promptly transfer to the Grantor all of the Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Indenture Trustee in accordance with the terms of this Agreement and the Indenture and take all other actions that are necessary to release the security interest created by this Agreement in and to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect to the Collateral. Such transfer shall be without warranty by or recourse to the Indenture Trustee in its capacity as such, except as to the absence of any liens Liens on the Collateral created by or arising through the Indenture Trustee, and shall be at the expense of the Grantor.

Appears in 1 contract

Sources: Pledge Agreement (Novellus Systems Inc)

Continuing Security Interest; Termination. (a) This Pledge Agreement shall create a continuing security interest in and to the Collateral and shall, unless otherwise provided in this Pledge Agreement, remain in full force and effect until the payment in full in cash of the Secured Obligations. This Pledge Agreement shall be binding upon the GrantorCompany, its transferees, successors and assigns, and shall inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders of the Senior Notes, the Pledged Collateral Securities Intermediary and their respective successors, transferees and assigns. (b) This Pledge Agreement (other than Grantor’s Company's obligations under Sections 12 13 and 1415) shall terminate upon the earlier of (i) the payment in full in cash of the Secured Obligations and (ii) the payment in full in cash of the first six seven scheduled interest payments on all of the Senior Notes. At such time, the Trustee shall, pursuant to an Issuer Order, direct the Pledged Securities Intermediary to promptly transfer reassign and redeliver to the Grantor Company all of the Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Trustee in accordance with the terms of this Pledge Agreement and the Indenture and take all other actions that are necessary to release the security interest created by this Pledge Agreement in and to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect to the Collateral. Such transfer reassignment and redelivery shall be without warranty by or recourse to the Trustee in its capacity as such, except as to the absence of any liens Liens on the Collateral created by or arising through the Trustee, and shall be at the reasonable expense of the GrantorCompany.

Appears in 1 contract

Sources: Pledge Agreement (Leap Wireless International Inc)

Continuing Security Interest; Termination. (a) This Except as provided in Section 21(b), this Agreement shall create a continuing security interest in and to the Collateral and shall, unless otherwise provided in this Agreement, shall (i) remain in full force and effect until the later of the payment or satisfaction in full in cash of the Secured Obligations. This Agreement shall Obligations (other than contingent indemnity obligations), (ii) be binding upon the Grantor, its transferees, successors and assigns, assigns and shall (iii) inure, together with the rights and remedies of the Trustee Secured Party hereunder, to the benefit of the TrusteeSecured Party, the Holders of the Notes, the Pledged Securities Intermediary and their respective successors, transferees its successors and assigns. Nothing set forth herein or in the Loan Agreement is intended or shall be construed to give any other person any right, remedy or claim under, to or in respect of this Agreement or any Collateral. The Grantor's successors and assigns shall include, without limitation, a receiver, trustee or debtor-in-possession thereof or therefor. (b) This Agreement (other than Grantor’s obligations under Sections 12 and 14) shall terminate upon the earlier of (i) Upon the payment in full in cash of the Secured Obligations and (ii) the payment in full in cash of the first six scheduled interest payments on all of the Notes. At such timeother than contingent indemnity obligations), the Trustee shall, pursuant to an Issuer Order, direct the Pledged Securities Intermediary to promptly transfer to the Grantor all of the Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Trustee in accordance with the terms of this Agreement and the Indenture and take all other actions that are necessary to release the security interest created by this Agreement in granted hereby shall terminate and all rights to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect Collateral shall revert to the CollateralGrantor. Such transfer Upon any such termination of security interest, the Grantor shall be without warranty by or recourse entitled to the Trustee in its capacity return, upon their request and at their expense, of such of the Collateral held by the Secured Party as such, except as shall not have been sold or otherwise applied pursuant to the absence of any liens on terms hereof and the Collateral created by or arising through the TrusteeSecured Party will, and shall be at the expense of Grantor's expense, execute and deliver to the GrantorGrantor such other documents as the Grantor shall reasonably request to evidence such termination.

Appears in 1 contract

Sources: Security Agreement (Aegis Consumer Funding Group Inc)

Continuing Security Interest; Termination. (a) This Agreement shall create a continuing security interest in and to the Collateral and shall, unless otherwise provided in this Agreement, remain in full force and effect until the payment in full in cash of the Secured Obligations. This Agreement shall be binding upon the Grantor, its transferees, successors and assigns, and shall inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders of the Notes, the Pledged Securities Intermediary and their respective successors, transferees and assigns. (b) This Agreement (other than Grantor’s obligations under Sections 12 and 14) shall terminate upon the earlier of (i) the payment in full in cash of the Secured Obligations and (ii) the payment in full in cash of the first six scheduled interest payments on all of the Notes. At such time, the Trustee shall, pursuant to an Issuer Order, direct the Pledged Securities Intermediary to promptly transfer to the Grantor all of the Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Trustee in accordance with the terms of this Agreement and the Indenture and take all other actions that are necessary to release the security interest created by this Agreement in and to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect to the Collateral. Such transfer shall be without warranty by or recourse to the Trustee in its capacity as such, except as to the absence of any liens on the Collateral created by or arising through the Trustee, and shall be at the expense of the Grantor.

Appears in 1 contract

Sources: Pledge Agreement (Sunterra Corp)

Continuing Security Interest; Termination. (a) This Agreement shall create a continuing security interest in and to the Collateral and shall, unless otherwise provided in this Agreement, remain in full force and effect until the indefeasible payment in full in cash of the Secured Obligations. This Agreement shall be binding upon the Grantor, its transferees, successors and assigns, and shall inure, together with the rights and remedies of the Trustee holders of the Notes hereunder, to the benefit of the Trustee, the Holders holders of the Notes, the Pledged Securities Intermediary Notes and their respective successors, transferees and assigns. (b) This Agreement (other than Grantor’s 's obligations under and to the extent provided in Sections 12 8 and 1411) shall terminate upon the earlier of (i) the indefeasible payment in full in cash of the Secured Obligations and (ii) the payment in full in cash of the first six scheduled interest payments on all of the NotesObligations. At such time, the Trustee shall, pursuant to an Issuer Order, direct holders of the Pledged Securities Intermediary to Notes shall promptly transfer to the Grantor or Grantor's designee all of the Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Trustee holders in accordance with the terms of this Agreement and the Indenture Loan Documents and take all other actions that are necessary to release the security interest created by this Agreement in and to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect to the Collateral. Such transfer shall be without warranty by or recourse to the Trustee in its capacity as such, except as to the absence of any liens on the Collateral created by or arising through the Trustee, and shall be at the expense of the Grantor.

Appears in 1 contract

Sources: Security Agreement (Canargo Energy Corp)

Continuing Security Interest; Termination. {TC} (a) This Pledge Agreement shall create a continuing security interest in and to the Cash Collateral and shall, unless otherwise provided in this Pledge Agreement, remain in full force and effect until the payment in full in cash of the Secured Obligations. This Pledge Agreement shall be binding upon the GrantorCompany, its transferees, successors and assigns, and shall inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders of the Notes, the Pledged Collateral Securities Intermediary and their respective successors, transferees and assigns. (b) This Pledge Agreement (other than Grantor’s Company's obligations under Sections 12 13 and 1415) shall terminate upon the earlier of (i) the payment in full in cash of the Secured Obligations and (ii) the payment in full in cash of the first six scheduled interest payments on all of the Notes. At such time, the Trustee shall, pursuant to an Issuer Order, direct the Pledged Securities Intermediary to promptly transfer reassign and redeliver to the Grantor Company all of the Cash Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Trustee in accordance with the terms of this Pledge Agreement and the Indenture and take all other actions that are necessary to release the security interest created by this Pledge Agreement in and to the Cash Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect to the Cash Collateral. Such transfer reassignment and redelivery shall be without warranty by or recourse to the Trustee in its capacity as such, except as to the absence of any liens Liens on the Cash Collateral created by or arising through the Trustee, and shall be at the reasonable expense of the GrantorCompany.

Appears in 1 contract

Sources: Pledge Agreement (Xm Satellite Radio Inc)

Continuing Security Interest; Termination. (a) This Agreement shall create a continuing security interest in and to the Collateral and shall, unless otherwise provided in this Agreement, remain in full force and effect until the payment in full in cash of the Secured Obligations. This Agreement shall be binding upon the Grantor, its transferees, successors and assigns, and shall inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders of the Notes, the Pledged Securities Intermediary and their respective successors, transferees and assigns. (b) This Agreement (other than Grantor’s obligations under Sections 12 and 1414 hereof) shall terminate upon the earlier of (i) the payment in full in cash of the Secured Obligations and (ii) the payment in full in cash of the first six five scheduled interest payments on all of the Notes. At such time, the Trustee shall, pursuant to an Issuer Order, direct the Pledged Securities Intermediary to promptly transfer to the Grantor all of the Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Trustee in accordance with the terms of this Agreement and the Indenture and take all other actions that are necessary to release the security interest created by this Agreement in and to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect to the Collateral. Such transfer shall be without warranty by or recourse to the Trustee in its capacity as such, except as to the absence of any liens on the Collateral created by or arising through the Trustee, and shall be at the expense of the Grantor.

Appears in 1 contract

Sources: Pledge Agreement (Medarex Inc)

Continuing Security Interest; Termination. (a) This Agreement shall create a continuing security interest in and to the Collateral and shall, unless otherwise provided in this Agreement, remain in full force and effect until the payment in full in cash of the Secured Obligations. This Agreement shall be binding upon the Grantor, its transferees, successors and assigns, and shall inure, together with the rights and remedies of the Trustee hereunder, to the benefit of the Trustee, the Holders of the Notes, the Pledged Securities Intermediary and their respective successors, transferees and assigns. (b) This Agreement (other than Grantor’s 's obligations under Sections 12 and 1414 hereof) shall terminate upon the earlier of (i) the payment in full in cash of the Secured Obligations and (ii) the payment in full in cash of the first six scheduled interest payments on all of the Notes. At such time, the Trustee shall, pursuant to an Issuer Order, direct the Pledged Securities Intermediary to promptly transfer to the Grantor all of the Collateral hereunder that has not been sold, disposed of, retained or applied by or on behalf of the Trustee in accordance with the terms of this Agreement and the Indenture and take all other actions that are necessary to release the security interest created by this Agreement in and to the Collateral, including the execution and delivery of all termination statements necessary to terminate any financing or continuation statements filed with respect to the Collateral. Such transfer shall be without warranty by or recourse to the Trustee in its capacity as such, except as to the absence of any liens on the Collateral created by or arising through the Trustee, and shall be at the expense of the Grantor.

Appears in 1 contract

Sources: Pledge Agreement (Medarex Inc)