Existing Security Agreement Clause Samples
The Existing Security Agreement clause defines the status and continued effect of any prior security agreements between the parties. It typically clarifies whether previous security interests, such as liens or collateral arrangements, remain in force or are superseded by the current agreement. This clause ensures that all parties understand the relationship between old and new security interests, preventing confusion or disputes over which agreements govern the secured assets.
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Existing Security Agreement. (i) Pursuant to the terms of the Existing Security Agreement, the existing Credit Agreement has been replaced and refinanced and this Credit Agreement is and shall be deemed to be the “Credit Agreement” as defined in the Existing Security Agreement.
(ii) All references to Section 9.04 of the Credit Agreement in the Existing Security Agreement shall be deemed to be a reference to Section 5.1 of the Credit Agreement.
(iii) All references to Section 12 of the Credit Agreement in the Existing Security Agreement shall be deemed to be a reference to Section 8.2 of the Credit Agreement.
(iv) All references to Section 13.12 of the Credit Agreement in the Existing Security Agreement shall be deemed to be a reference to Section 9.2 the Credit Agreement.
(v) All references to the Eighth Amendment Effective Date of the Credit Agreement in the Existing Security Agreement shall be deemed to be a reference to “the Closing Date (and as amended, modified or supplemented from time to time)” of the Credit Agreement.
(vi) All references to “Credit Document” in the Existing Security Agreement shall be deemed to be a reference to any Loan Document as defined in the Credit Agreement.
(vii) All references to “Permitted Business” in the Existing Security Agreement shall be deemed to be a reference to any business permitted to be conducted by the Credit Parties pursuant to Section 5.9 of the Credit Agreement.
(viii) All references to “Security Document” in the Existing Security Agreement shall be deemed to be a reference to any Collateral Document as defined in the Credit Agreement.
(ix) All references to “U.S. Pledge Agreement” in the Existing Security Agreement shall be deemed to be a reference to any Pledge Agreement as defined in the Credit Agreement delivered by a Domestic Credit Party. All references to “Pledgee” in the Existing Security Agreement shall be deemed to be a reference to Agent as agent pursuant to the Pledge Agreements.
(x) All references to the US Subsidiaries Guaranty in the Existing Security Agreement shall be deemed to be a reference to the Subsidiary Guaranty as defined in the Credit Agreement.
(xi) All references to the ▇▇▇▇▇▇ Guaranty in the Existing Security Agreement shall be deemed to be a reference to the guaranty of ▇▇▇▇▇▇ contained in Section 10 of the Credit Agreement.
Existing Security Agreement. The Existing Security Agreement is hereby amended and restated in its entirety by this Agreement, and all Liens in the Collateral created by the Existing Security Agreement are automatically continued.
Existing Security Agreement. This Agreement amends and restates in its entirety the Existing Security Agreement, provided that the obligations of the Grantors under the Existing Security Agreement shall continue under this Agreement unabated, and shall not in any event be terminated, extinguished or annulled, but shall hereafter be governed by this Agreement.
Existing Security Agreement. Effective as of the Seventh Amendment Effective Date, Schedule 3 to the Existing Security Agreement is hereby amended and restated in its entirety by replacing such Schedule with the Schedule attached as Exhibit C hereto (the “Amended Schedule to Security Agreement”; the Existing Security Agreement, as amended hereby and as it may be amended, restated, supplemented or otherwise modified from time to time hereafter, the "Security Agreement").
Existing Security Agreement. This Security Agreement amends and restates in its entirety the Pledge and Security Agreement dated as of July 16, 2002 by and between Grantor and ▇▇▇▇▇▇▇▇▇.
Existing Security Agreement. The Borrower hereby reaffirms the Security Agreement, dated as of June 24, 1994 (the "Security Agreement") and acknowledges and agrees that the Security Agreement secures all of its obligations to the Bank, including obligations under this Agreement, and that this Agreement shall be deemed the "Credit Agreement" for purposes of references thereto in the Security Agreement.
Existing Security Agreement. This Agreement does not modify or replace the Security Agreement (All Assets) by Manitex Liftking, ULC, dated on or about December 29, 2011, in favor of Comerica Bank, a Texas banking association and authorized foreign bank under the Bank Act (Canada), as amended, pledging all assets of Manitex Liftking, ULC in support of all indebtedness of Manitex Liftking, ULC including but not limited to the Specialized Equipment Export Facility.
Existing Security Agreement. (a) Effective on the Closing Date, the Existing Security Agreement is hereby amended and restated in its entirety hereby. The amendment and restatement of the Existing Security Agreement hereby shall not be construed to discharge or otherwise affect any obligations of the “Grantors” (as defined in the Existing Security Agreement) accrued or otherwise owing under the Existing Security Agreement that have not been paid, it being understood that such obligations shall continue as obligations hereunder. Without limiting the generality of the foregoing, this Agreement is not intended to constitute a novation of the Existing Security Agreement.
(b) Effective on the Closing Date and the satisfaction or waiver of all of the conditions thereto contained in Article IV of the Credit Agreement, each of the “Grantors” (as defined in the Existing Senior Credit Agreement) other than Navistar, Inc. (the “Released Grantors”) shall automatically be released from all liabilities, obligations and indebtedness owing by the such Released Grantors under this Agreement, and all Liens and security interests of the Administrative Agent in any and all of the property of the Released Grantors created under the Loan Documents shall be automatically released and terminated.
Existing Security Agreement. The Existing Security Agreement (excluding, for the avoidance of doubt, the schedules and exhibits thereto) is hereby amended and modified in its entirety as reflected in the Security Agreement attached hereto as Annex II-A. Any provision of the Existing Security Agreement (excluding, for the avoidance of doubt, the schedules and exhibits thereto) which is different from that set forth in the Security Agreement from and after the Effective Date shall be superseded in all respects by the provisions of the Security Agreement, except that:
Existing Security Agreement. The Existing Security Agreement is hereby amended and restated in its entirety by this Agreement, and all Liens in and assignments of the Collateral created and granted by the Existing Security Agreement are hereby automatically renewed and continued. Without limiting the effectiveness of any new grant of a Lien under this Agreement, nothing contained herein is intended to impair or extinguish the liens, assignments, privileges and priorities of the Existing Security Agreement, as hereby amended and restated, and such liens, assignments, privileges and priorities are and will remain in full force and effect. The parties hereto expressly recognize and confirm their intent to continue the effectiveness and priority of the liens, assignments and privileges granted under the Existing Security Agreement, as hereby amended and restated, as to all Collateral hereunder and all sums now or hereafter owing under the Loan Documents.