Grant of Interest. Grantor hereby grants to PNCEF a security interest in all of Grantor's right, title and interest in the following property of Grantor (excluding Consumer Goods) wherever located and whether now existing or hereafter acquired or created (collectively, the "Collateral"), including, without limitation: (a) all Accounts, all Equipment, all Inventory, all Chattel Paper, all General Intangibles, all Deposit Accounts, all Documents, all Instruments, all Goods, all Fixtures, all Letter-of-Credit Rights, all Supporting Obligations; (b) all property, tangible or intangible, in which Grantor now has or hereafter acquires any rights, including, without limitation, all property which now or hereafter is in PNCEF's control (by document of title or otherwise) or possession or is owed by PNCEF to Grantor; and for all of the foregoing Collateral, all books and records, Software, attachments, accessories, replacements, additions and substitutions therefor (whether now or hereafter installed therein or affixed thereto) and all Proceeds thereof. This Collateral secures the full and prompt payment to PNCEF of all obligations of Grantor to PNCEF, or to any other direct or indirect subsidiary of The PNC Financial Services Group, Inc. (“PNCEF Affiliate”), whether incurred directly or acquired by purchase, pledge, or otherwise and whether participated to or from PNCEF or PNCEF Affiliate in whole or in part, including, without limitation, (a) every such obligation of Grantor whether owing by Grantor alone or with one or more Persons in a joint, several, or joint and several capacity, whether now owing or existing or later arising or created, whether owed absolutely or contingently, whether created by lease, loan, overdraft, guaranty of payment, or other contract, quasi-contract, tort, statute, other operation of law or otherwise and (b) any and all obligations and liabilities of Grantor, whether absolute or contingent, whether now owing or existing or later arising or created, whether evidenced or acquired (including all renewals, extensions, and modifications thereof or substitutions), under (i) any agreement, device or arrangement designed to protect Grantor from fluctuations of interest rates, exchange rates or forward rates, including, but not limited to, dollar-denominated or cross-currency exchange agreements, forward currency exchange agreements, interest rate caps, collars or floors, forward rate currency or interest rate options, puts, warrants, swaps, swaptions, U.S. Treasury locks and U.S. Treasury options, (ii) any other interest rate hedging transactions, such as, but not limited to, managing Grantor's interest rate risk associated with any pending or potential capital market transactions such as fixed rate bond issues and (iii) any and all cancellations, buybacks, reversals, terminations or assignments of any of the foregoing (collectively, the "Subject Obligations").
Appears in 1 contract
Grant of Interest. To secure the prompt payment in full of the Subject Debt as and when the respective parts thereof become due, whether by lapse of time, by acceleration of maturity, or otherwise, Grantor hereby grants to PNCEF Bank a security interest in all the Collateral. As to Collateral not now in existence or in which Grantor does not presently have any rights, Bank's security interest shall automatically attach thereto immediately when the same comes into existence and Grantor acquires any rights therein, in each case without the making or doing of Grantor's rightany further or other act or thing. 'Collateral' means, title and interest in the following property of Grantor (excluding Consumer Goods) wherever located and whether now existing or hereafter acquired or created (collectively, the "Collateral"), including, without limitation:
(a) all Accounts, all Equipment, all Inventory, all Accounts, all Chattel Paper, all Documents, all Equipment, including, without limitation, any Equipment described in Exhibit A (the 'Supplemental Schedule'), if any, to this Agreement, all fixtures, including, without limitation, any fixtures described in the Supplemental Schedule, if any, all General Intangibles, all Deposit Accounts, all Documents, all Instruments, all GoodsReceivables, and all Uncertificated securities in which Grantor now has or hereafter acquires any rights, and all replacements and substitutions therefor and additions and accessions thereto, all Fixtures, all Letter-of-Credit Rights, all Supporting Obligations;
property (b) all propertyexcept any consumer goods), tangible or intangible, in which Grantor now has or hereafter acquires any rights, including, without limitation, all property rights and which now or hereafter is in PNCEFBank's control (by document of title or otherwise) or possession or is owed by PNCEF Bank to Grantor; and for all of the foregoing Collateral, all books and records, Software, attachments, accessories, replacements, additions and substitutions therefor (whether now or hereafter installed therein or affixed thereto) and all Proceeds thereof. This Collateral secures the full and prompt payment to PNCEF of all obligations of Grantor to PNCEF, or to any other direct or indirect subsidiary of The PNC Financial Services Group, Inc. (“PNCEF Affiliate”), whether incurred directly or acquired by purchase, pledge, or otherwise and whether participated to or from PNCEF or PNCEF Affiliate in whole or in part, including, without limitation, (a) every such obligation of Grantor whether owing by Grantor alone or with one or more Persons the cash collateral account described in a jointsubsection 6.5, severalreplacements and substitutions for, or joint and several capacity, whether now owing or existing or later arising or created, whether owed absolutely or contingently, whether created by lease, loan, overdraft, guaranty of payment, or other contract, quasi-contract, tort, statute, other operation of law or otherwise and (b) any and all obligations additions and liabilities accessions to, all or any part of Grantorthe property hereinbefore described, whether absolute all Products of all or contingent, whether now owing or existing or later arising or created, whether evidenced or acquired (including all renewals, extensionsany part of the goods hereinbefore described, and modifications thereof all Proceeds of all or substitutions), under (i) any agreement, device or arrangement designed to protect Grantor from fluctuations part of interest rates, exchange rates or forward ratesthe property, including, but not limited towithout limitation, dollar-denominated or cross-currency exchange agreementsProducts, forward currency exchange agreements, interest rate caps, collars or floors, forward rate currency or interest rate options, puts, warrants, swaps, swaptions, U.S. Treasury locks and U.S. Treasury options, (ii) any other interest rate hedging transactions, such as, but not limited to, managing Grantor's interest rate risk associated with any pending or potential capital market transactions such as fixed rate bond issues and (iii) any and all cancellations, buybacks, reversals, terminations or assignments of any of the foregoing (collectively, the "Subject Obligations")hereinbefore described.
Appears in 1 contract
Sources: Security Agreement (Paravant Computer Systems Inc /Fl/)
Grant of Interest. Grantor hereby grants to PNCEF Bank a security interest in all of Grantor's ’s right, title and interest in the following property of Grantor (excluding Consumer Goods) wherever located and whether now existing or hereafter acquired or created (collectively, the "“Collateral"), including, without limitation:
(a) all Accounts, all Equipment, all Inventory, all Chattel Paper, all General Intangibles, ”): ¨ all Deposit Accounts, all Documents, all Instruments, all Goods, all Fixtures, all Letter-of-Credit Rights, all Supporting Obligations;
Accounts with Bank [ Bank] in Grantor’s name (b) all property, tangible and including any changes in the numbering or intangible, in which Grantor now has or hereafter acquires any rights, including, without limitation, all property which now or hereafter is in PNCEF's control (by document of title or otherwise) or possession or is owed by PNCEF to Grantor; and for all designation of the foregoing Collateral, foregoing) with all books present and records, Software, attachments, accessoriesfuture renewals, replacements, substitutions, increases in value, rollovers, additions thereto, interest and substitutions therefor (earnings thereon, rights and accessions thereto, whether now existing or hereafter installed therein or affixed theretoarising, (collectively, the “Deposit”) and all Proceeds thereofof the foregoing.
x a Deposit Account with Bank [National City Bank] in Grantor’s name which is identified as Account Number (and including any changes in the numbering or designation of the foregoing) with all present and future renewals, replacements, substitutions, increases in value, rollovers, additions thereto, interest and earnings thereon, rights and accessions thereto, whether now existing or hereafter arising, (the “Deposit”) and all Proceeds of the foregoing. This Collateral secures the full and prompt payment to PNCEF Bank of all obligations of Grantor to PNCEF, or to any other direct or indirect subsidiary of The PNC Financial Services Group, Inc. (“PNCEF Affiliate”)Bank, whether incurred directly or acquired by purchase, pledge, or otherwise and whether participated to or from PNCEF or PNCEF Affiliate in whole or in part, including, without limitation, (ai) every such obligation of Grantor to Bank whether owing by Grantor alone or with one or more Persons in a joint, several, or joint and several capacity, whether now owing or existing or later arising or created, whether owed absolutely or contingently, whether created by lease, loan, overdraft, guaranty of paymentguaranty, or other contract, quasi-contract, tort, statutestatute or otherwise, other operation of law whether for principal, interest, fees, expenses or otherwise and (bii) any and all obligations and liabilities of Grantor, whether absolute Grantor to Bank or contingentto any affiliate of Bank, whether now owing or existing or later arising or created, owed absolutely or contingently, whether evidenced or acquired (including all renewals, extensions, and modifications thereof or substitutions), under (i) any agreement, device or arrangement designed to protect Grantor from fluctuations of interest rates, exchange rates or forward rates, including, but not limited to, dollar-denominated or cross-currency exchange agreements, forward foreign currency exchange agreements, interest rate caps, collars or floors, forward rate currency or interest rate options, puts, warrants, swaps, swaptions, U.S. Treasury locks and U.S. Treasury options, (iicollectively the “Subject Debt”). ¨ [Withdrawals permitted above dollar limitation—National City accounts only] Anything herein to the contrary notwithstanding, the security interest in the Deposit granted to Bank by Grantor under this Agreement shall be limited to the sum of and /100 Dollars ($ ) (the “Minimum Amount”) plus all expenses, legal and otherwise (including court costs and reasonable attorney’s fees), paid or incurred by Bank in enforcing this Agreement. Subject to the covenants contained herein and any further restrictions contained in any deposit account control agreement or other interest rate hedging transactionsagreement relating to Bank’s Control over the Deposit and in any deposit agreement or other documents governing the Deposit, such as, but not limited to, managing Grantor's interest rate risk associated with any pending unless and until an Event of Default occurs or potential capital market transactions such as fixed rate bond issues and (iii) any and all cancellations, buybacks, reversals, terminations or assignments Bank demands payment of any part of the foregoing (collectivelySubject Debt, Grantor may withdraw funds from the "Subject Obligations")Deposit so long as the total amount of the Deposit does not fall below the Minimum Amount.
Appears in 1 contract
Sources: Security Agreement (Peco Ii Inc)
Grant of Interest. To secure the prompt payment in full of the Subject Debt as and when the respective parts thereof become due, whether by lapse of time, by acceleration of maturity, or otherwise, Grantor hereby grants grants, assigns and pledges to PNCEF Bank a security interest in all of Grantor's right, title and interest in the following property of Grantor (excluding Consumer Goods) wherever located and Collateral whether now existing or hereafter acquired or created (collectively, the "Collateral")arising, including, without limitation:
, the right or power to transfer an interest in the Collateral. As to Collateral not now in existence or in which Grantor does not presently have any rights, Bank's security interest shall automatically attach thereto immediately when the same comes into existence and Grantor acquires any right, title or interest therein, including, without limitation, the right or power to transfer an interest therein, in each case without the making or doing of any further or other act or thing. "Collateral" means, collectively, (a) all Accountsof the personal property of Grantor (except Consumer Goods) wheresoever located, whether now existing or hereafter arising, including, without limitation, all Equipment, all InventoryAccounts, all Chattel Paper, all General IntangiblesCommercial Tort Claims described and identified in Schedule A, if any, to this Agreement (the "Supplemental ---------- Schedule"), all Deposit Accounts, all Documents, all InstrumentsEquipment, including, without limitation, any Equipment described in the Supplemental Schedule, if any, all Fixtures, including, without limitation, those described in the Supplemental Schedule, if any, all General Intangibles, all Goods, all FixturesInstruments, all notes receivable (including from affiliates of Borrower), all Inventory, all Investment Property, all Letter-of-Credit Rights, Rights and all Supporting Obligations;
; (b) all propertyproperty (except any Consumer Goods), tangible or intangible, in which Grantor now has or hereafter acquires any rights, including, without limitation, all property rights and which now or hereafter is in PNCEFBank's control (by document of title or otherwise) or possession or is owed by PNCEF Bank to Grantor; and for all of the foregoing Collateral, all books and records, Software, attachments, accessories, replacements, additions and substitutions therefor (whether now or hereafter installed therein or affixed thereto) and all Proceeds thereof. This Collateral secures the full and prompt payment to PNCEF of all obligations of Grantor to PNCEF, or to any other direct or indirect subsidiary of The PNC Financial Services Group, Inc. (“PNCEF Affiliate”), whether incurred directly or acquired by purchase, pledge, or otherwise and whether participated to or from PNCEF or PNCEF Affiliate in whole or in part, including, without limitation, the cash collateral account described in subsection 6.5; (ac) every such obligation all replacements of, substitutions for and additions and Accessions to all or any part of Grantor whether owing by Grantor alone the property hereinbefore described; (d) all Products of all or with one or more Persons in a joint, several, or joint and several capacity, whether now owing or existing or later arising or created, whether owed absolutely or contingently, whether created by lease, loan, overdraft, guaranty any part of payment, or other contract, quasi-contract, tort, statute, other operation of law or otherwise the goods hereinbefore described; and (be) any and all obligations and liabilities of Grantor, whether absolute or contingent, whether now owing or existing or later arising or created, whether evidenced or acquired (including all renewals, extensions, and modifications thereof or substitutions), under (i) any agreement, device or arrangement designed to protect Grantor from fluctuations of interest rates, exchange rates or forward ratesProceeds, including, but not limited towithout limitation, dollarCash Proceeds and Non-denominated Cash Proceeds of all or cross-currency exchange agreements, forward currency exchange agreements, interest rate caps, collars or floors, forward rate currency or interest rate options, puts, warrants, swaps, swaptions, U.S. Treasury locks and U.S. Treasury options, (ii) any other interest rate hedging transactions, such as, but not limited to, managing Grantor's interest rate risk associated with any pending or potential capital market transactions such as fixed rate bond issues and (iii) any and all cancellations, buybacks, reversals, terminations or assignments of any part of the foregoing (collectivelyproperty, the "Subject Obligations")including, without limitation, Products, hereinbefore described.
Appears in 1 contract
Grant of Interest. To secure the prompt payment in full of the Subject Debt as and when the respective parts thereof become due, whether by lapse of time, by acceleration of maturity, or otherwise, Grantor hereby grants grants, assigns and pledges to PNCEF Bank a security interest in all of Grantor's ’s right, title and interest in the following property of Grantor (excluding Consumer Goods) wherever located and Collateral whether now existing or hereafter acquired or created (collectively, the "Collateral")arising, including, without limitation:
, the right or power to transfer an interest in the Collateral. As to Collateral not now in existence or in which Grantor does not presently have any rights, Bank’s security interest shall automatically attach thereto immediately when the same comes into existence and Grantor acquires any right, title or interest therein, including, without limitation, the right or power to transfer an interest therein, in each case without the making or doing of any further or other act or thing. “Collateral” means, collectively, (a) all Accountsof the personal property of Grantor (except Consumer Goods) wheresoever located, whether now existing or hereafter arising, including, without limitation, all Equipment, all InventoryAccounts, all Chattel Paper, all General IntangiblesCommercial Tort Claims described and identified in Schedule A, if any, to this Agreement (the “Supplemental Schedule”), all Deposit Accounts, all Documents, all InstrumentsEquipment, including, without limitation, any Equipment described in the Supplemental Schedule, if any, all Fixtures, including, without limitation, those described in the Supplemental Schedule, if any, all General Intangibles, all Goods, all FixturesInstruments, all Inventory, all Investment Property, all Letter-of-Credit Rights, Rights and all Supporting Obligations;
; (b) all propertyproperty (except any Consumer Goods), tangible or intangible, in which Grantor now has or hereafter acquires any rights, including, without limitation, all property rights and which now or hereafter is in PNCEF's Bank’s control (by document of title or otherwise) or possession or is owed by PNCEF Bank to Grantor; and for all of the foregoing Collateral, all books and records, Software, attachments, accessories, replacements, additions and substitutions therefor (whether now or hereafter installed therein or affixed thereto) and all Proceeds thereof. This Collateral secures the full and prompt payment to PNCEF of all obligations of Grantor to PNCEF, or to any other direct or indirect subsidiary of The PNC Financial Services Group, Inc. (“PNCEF Affiliate”), whether incurred directly or acquired by purchase, pledge, or otherwise and whether participated to or from PNCEF or PNCEF Affiliate in whole or in part, including, without limitation, the cash collateral account described in subsection 6.5; (ac) every such obligation all replacements of, substitutions for and additions and Accessions to all or any part of Grantor whether owing by Grantor alone the property hereinbefore described; (d) all Products of all or with one or more Persons in a joint, several, or joint and several capacity, whether now owing or existing or later arising or created, whether owed absolutely or contingently, whether created by lease, loan, overdraft, guaranty any part of payment, or other contract, quasi-contract, tort, statute, other operation of law or otherwise the goods hereinbefore described; and (be) any and all obligations and liabilities of Grantor, whether absolute or contingent, whether now owing or existing or later arising or created, whether evidenced or acquired (including all renewals, extensions, and modifications thereof or substitutions), under (i) any agreement, device or arrangement designed to protect Grantor from fluctuations of interest rates, exchange rates or forward ratesProceeds, including, but not limited towithout limitation, dollarCash Proceeds and Non-denominated Cash Proceeds of all or cross-currency exchange agreements, forward currency exchange agreements, interest rate caps, collars or floors, forward rate currency or interest rate options, puts, warrants, swaps, swaptions, U.S. Treasury locks and U.S. Treasury options, (ii) any other interest rate hedging transactions, such as, but not limited to, managing Grantor's interest rate risk associated with any pending or potential capital market transactions such as fixed rate bond issues and (iii) any and all cancellations, buybacks, reversals, terminations or assignments of any part of the foregoing (collectivelyproperty, including, without limitation, Products, hereinbefore described. Notwithstanding, the "Subject Obligations")above definition of collateral will not include any interest in joint ventures or intellectual property rights.
Appears in 1 contract
Sources: Security Agreement (Northern Technologies International Corp)
Grant of Interest. Grantor hereby grants to PNCEF Secured Party a security interest in all of Grantor's ’s right, title title, and interest in the following property of Grantor (excluding Consumer Goods) wherever located and whether now existing or hereafter later acquired or created (collectively, the "“Collateral"”), including, without limitation:
(a) a. all Accounts, all EquipmentChattel Paper (both tangible and electronic), all Equipment (excepting leased equipment), Inventory, all Chattel Paper, all General Intangibles, all Deposit Accounts, all Documents, all Instruments, all Goods, all Fixtures, all Investment Property, and Letter-of-Credit Rights, all Supporting Obligations;
(b) b. all property, tangible or intangible, including all patents, trademarks and copyrights in which Grantor now has or hereafter later acquires any rights, rights including, without limitation, all property which that now or hereafter later is in PNCEF's Secured Party’s control (by document of title or otherwise) or possession or is owed by PNCEF Secured Party to Grantor; and for all of the foregoing Collateral, ;
c. together with all books and records, Software, attachments, accessories, replacements, additions additions, and substitutions therefor therefore (whether now or hereafter later installed therein or affixed thereto) ), and all Proceeds thereofand Products of all of the foregoing Collateral. This Collateral secures the full and prompt performance and payment to PNCEF Secured Party of all obligations of Grantor to PNCEF, or to any other direct or indirect subsidiary of The PNC Financial Services Group, Inc. (“PNCEF Affiliate”)Secured Party, whether incurred directly or acquired by purchase, pledge, or otherwise otherwise, and whether participated to or from PNCEF or PNCEF Affiliate in in whole or in part, including, without limitation, (ai) every such obligation of Grantor to Secured Party, whether owing by Grantor alone or with one or more Persons in a joint, several, or joint and several capacity, whether now owing or existing or later arising or created, whether owed absolutely absolutely, or contingently, whether created by lease, loan, overdraft, guaranty of paymentguaranty, or other contract, quasi-contract, tort, statute, other operation of law or otherwise, whether for principal, interest, fees, expenses, or otherwise and (bii) any and all obligations and liabilities of Grantor, whether absolute Grantor to Secured Party or contingentto any affiliate of Secured Party, whether now owing or existing or later arising or created, owed absolutely or contingently, whether evidenced or acquired (including all renewals, extensions, and modifications thereof or substitutions), under ) (i) any agreement, device or arrangement designed to protect Grantor from fluctuations of interest rates, exchange rates or forward rates, including, but not limited to, dollar-denominated or cross-currency exchange agreements, forward currency exchange agreements, interest rate caps, collars or floors, forward rate currency or interest rate options, puts, warrants, swaps, swaptions, U.S. Treasury locks and U.S. Treasury options, (ii) any other interest rate hedging transactions, such as, but not limited to, managing Grantor's interest rate risk associated with any pending or potential capital market transactions such as fixed rate bond issues and (iii) any and all cancellations, buybacks, reversals, terminations or assignments of any of collectively the foregoing (collectively, the "“Subject Obligations"Debt”).
Appears in 1 contract
Sources: Security Agreement (Softech Inc)