Common use of Grant of Security Interest in the Collateral Clause in Contracts

Grant of Security Interest in the Collateral. As collateral security for the Secured Obligations defined below, the Debtor hereby grants to the Agent for the benefit of the Secured Creditors a lien on and security interest in, and right of set‑off against, and acknowledges and agrees that the Agent has and shall continue to have for the benefit of the Secured Creditors a continuing lien on and security interest in, and right of set‑off against, all right, title, and interest of the Debtor, whether now owned or existing or hereafter created, acquired or arising, in and to all of the following: (a) Repurchase Agreements; (b) Documents of Title with respect to any Qualified Commodity including, without limitation, warehouse receipts; (c) Hedging Accounts together with all funds which may now or hereafter accumulate in or become withdrawable from or paid out of the Hedging Accounts; (d) Hedging Agreements and Forward Contracts (and shall include Forward Contract Equity); (e) Goods consisting of Qualified Commodities; (f) Investment Property relating the foregoing; (g) General Intangibles relating to the foregoing; (h) Rights to merchandise and other Goods (including rights to returned or repossessed Goods and rights of stoppage in transit) which is represented by, arises from, or relates to any of the foregoing; (i) Supporting Obligations and security interests relating to the foregoing; (j) Monies, personal property, and interests in personal property of the Debtor of any kind or description now held by any Secured Creditor or at any time hereafter transferred or delivered to, or coming into the possession, custody or control of, any Secured Creditor, or any agent or affiliate of any Secured Creditor, whether expressly as collateral security or for any other purpose (whether for safekeeping, custody, collection or otherwise), and all dividends and distributions on or other rights in connection with any such property; (k) Supporting evidence and documents relating to any of the above‑described property, including, without limitation, computer programs, disks, tapes and related electronic data processing media, and all rights of the Debtor to retrieve the same from third parties, written applications, credit information, account cards, payment records, correspondence, delivery and installation certificates, invoice copies, delivery receipts, notes and other evidences of indebtedness, insurance certificates and the like, together with all books of account, ledgers, and cabinets in which the same are reflected or maintained; (l) Accessions and additions to, and substitutions and replacements of, any and all of the foregoing; and (m) Proceeds and products of the foregoing, and all insurance of the foregoing and proceeds thereof; all of the foregoing being herein sometimes referred to as the “Collateral”. 2.2. Schedule C to the Security Agreement shall be amended and restated in the form of Schedule C attached hereto.

Grant of Security Interest in the Collateral. As collateral security for To secure the prompt payment and performance in full when due, whether by lapse of time, acceleration, mandatory prepayment or otherwise, of the Secured Obligations defined belowObligations, the Debtor Obligor hereby grants to the Agent Administrative Agent, for the benefit of the holders of the Secured Creditors Obligations, a lien on and continuing security interest in, and a right of set‑off to set off against, any and acknowledges and agrees that the Agent has and shall continue to have for the benefit of the Secured Creditors a continuing lien on and security interest in, and right of set‑off against, all right, title, title and interest of the DebtorObligor in and to all of the following, whether now owned or existing or owned, acquired, or arising hereafter created(collectively, acquired or arising, in and to all of the following:“Collateral”): (a) Repurchase Agreementsall of the accounts specified below (collectively, the “Cash Collateral Account”): (i) account number [ ] maintained by Banc of America Securities LLC in the name of the Obligor, for the benefit of the Obligor or as a collateral account of the Administrative Agent for the Obligor; and [Note: If the Cash Collateral Account is maintained with an affiliate of Banc of America Securities LLC, then this granting clause will be revised as necessary] (ii) all successor and replacement accounts, regardless of the numbers of such accounts or the offices at which such accounts are maintained; (b) Documents All rights of Title the Obligor in connection with respect to the Cash Collateral Account, including any Qualified Commodity including, without limitation, warehouse receiptsrights against any Securities Intermediary or any clearing broker in connection with the Cash Collateral Account; (c) Hedging Accounts together with All Investment Property, Security Entitlements, Financial Assets, Securities, Deposit Accounts, Instruments, General Intangibles, money, certificates of deposit and all funds which may other investments or property of any sort now or hereafter accumulate in held, maintained or become withdrawable from administered in, or paid out of credited to, the Hedging Accounts;Cash Collateral Account; and (d) Hedging Agreements and Forward Contracts (and shall include Forward Contract Equity); (e) Goods consisting all Proceeds of Qualified Commodities; (f) Investment Property relating the foregoing; (g) General Intangibles relating to the foregoing; (h) Rights to merchandise and other Goods (including rights to returned or repossessed Goods and rights of stoppage in transit) which is represented by, arises from, or relates to any of the foregoing; (i) Supporting Obligations and security interests relating to the foregoing; (j) Monies, personal property, and interests in personal property of the Debtor of any kind or description now held by any Secured Creditor or at any time hereafter transferred or delivered to, or coming into the possession, custody or control of, any Secured Creditor, or any agent or affiliate of any Secured Creditor, whether expressly as collateral security or for any other purpose (whether for safekeeping, custody, collection or otherwise), and all dividends and distributions on or other rights in connection with any such property; (k) Supporting evidence and documents relating to any of the above‑described property, including, without limitation, computer programs, disks, tapes and related electronic data processing media, and all rights of the Debtor to retrieve the same from third parties, written applications, credit information, account cards, payment records, correspondence, delivery and installation certificates, invoice copies, delivery receipts, notes and other evidences of indebtedness, insurance certificates and the like, together with all books of account, ledgers, and cabinets in which the same are reflected or maintained; (l) Accessions and additions to, and substitutions and replacements of, any and all of the foregoing; and (m) Proceeds . The Obligor and products the Administrative Agent, on behalf of the foregoing, and all insurance holders of the foregoing Secured Obligations, hereby acknowledge and proceeds thereof; agree that the security interest created hereby in the Collateral constitutes continuing collateral security for all of the foregoing being herein sometimes referred Secured Obligations, whether now existing or hereafter arising. The Obligor hereby agrees that all rights, assets and property at any time held in or credited to as the “Collateral”. 2.2. Schedule C to the Security Agreement any Securities Account constituting Collateral shall be amended and restated in the form of Schedule C attached heretotreated as Financial Assets.

Grant of Security Interest in the Collateral. As collateral security for the Secured Obligations defined below, the Debtor Grantor hereby grants to the Agent for Lender, to secure the benefit payment and performance in full of the Secured Creditors Indebtedness of the Grantor, a lien on and security interest inin and pledges and assigns to the Lender the following properties, assets and right of set‑off against, and acknowledges and agrees that the Agent has and shall continue to have for the benefit rights of the Secured Creditors a continuing lien on Grantor, consisting of all corporate and security interest inbusiness assets, properties and right of set‑off against, all right, title, and interest rights of the DebtorGrantor wherever located, whether now owned or existing or hereafter created, acquired or arising, in and to all proceeds, products, and accessions thereof, including but not limited to, the following (all of the following:same being hereinafter called the "Collateral"): (a) Repurchase AgreementsAll Accounts, as extracted collateral, goods, general intangibles, chattel paper, documents, and Instruments, whether or not specifically assigned to Lender, including, without limitation, all Accounts, and all equipment (whether or not affixed to realty), motor vehicles, furniture and fixtures; (b) Documents All guaranties, collateral, Liens on, or security interests in, real or personal property, leases, letter of Title with respect credit rights and other rights, agreements, and property securing or relating to any Qualified Commodity payment of Accounts; (c) All trademarks, trademark rights, patents, patent rights, licenses, permits, trade names, trade name rights, and approvals, including, without limitation, warehouse receipts; (cthose listed on Schedule 4.1(c) Hedging Accounts of the Credit Agreement, together with all funds which may goodwill, income, royalties, damages and payments now and hereafter due and payable thereunder and with respect thereto. Lender does not currently intend to file financing statements on foreign trademarks or hereafter accumulate patents but reserves the right to do so in or become withdrawable from or paid out of the Hedging Accountsfuture at Lender's discretion; (d) Hedging Agreements All contracts and Forward Contracts agreements (whether written or oral) between Grantor and shall include Forward Contract Equitythird parties (collectively, the "Assigned Agreements"); (e) Goods consisting The entire goodwill and all product lines of Qualified Commodities;Grantor's business and other general intangibles of Grantor, including, without limitation, know-how, trade secrets, customer lists, proprietary information, inventions, methods, procedures and formulae in connection with the use of and symbolized by the trademarks of Grantor. (f) Investment Property All books, records, ledger cards, data processing records, computer software, and other property at any time evidencing or relating to the foregoingCollateral; (g) General Intangibles relating to All monies, securities (including a pledge of all stock owned in any Affiliate and other property now or hereafter held, or received by, or in transit to, Lender from or for Grantor, and all of Grantor's investment property and financial assets (as each is defined in the foregoingUCC)), deposit accounts, credits, and balances with Lender or any third party existing at any time; (h) Rights All parts, accessories, attachments, special tools, additions, replacements, substitutions, and accessions to merchandise and other Goods (including rights to returned or repossessed Goods and rights of stoppage in transit) which is represented by, arises from, or relates to any for all of the foregoing; (i) Supporting Obligations Any and security interests relating to the foregoing;all other personal property of Grantor; and (j) Monies, personal property, All proceeds and interests in personal property products of all of the Debtor of foregoing in any kind or description now held by any Secured Creditor or at any time hereafter transferred or delivered to, or coming into the possession, custody or control of, any Secured Creditor, or any agent or affiliate of any Secured Creditor, whether expressly as collateral security or for any other purpose (whether for safekeeping, custody, collection or otherwise), and all dividends and distributions on or other rights in connection with any such property; (k) Supporting evidence and documents relating to any of the above‑described propertyform, including, without limitation, computer programs, disks, tapes and related electronic data processing mediaamounts payable under any policies of insurance insuring the foregoing against loss or damage, and all rights of the Debtor to retrieve the same increases and profits received from third parties, written applications, credit information, account cards, payment records, correspondence, delivery and installation certificates, invoice copies, delivery receipts, notes and other evidences of indebtedness, insurance certificates and the like, together with all books of account, ledgers, and cabinets in which the same are reflected or maintained; (l) Accessions and additions to, and substitutions and replacements of, any and all of the foregoing; and . The Grantor and the Lender hereby acknowledge and agree that the security interest created hereby in the Collateral (mi) Proceeds and products constitutes continuing collateral security for all of the foregoingIndebtedness, whether now existing or hereafter arising and all insurance (ii) is not to be construed as an assignment of any Intellectual Property. Any of the foregoing to the contrary notwithstanding, the Collateral shall not include, and proceeds thereof; all the security interest granted herein shall not attach to, any asset subject to a rule of law, statute or regulation or of a lease agreement or any general intangible (including a contract, permit, license or franchise) or a Permitted Lien, where the grant of such security interest would invalidate or constitute a breach or violation of any such rule of law, statute, regulation, lease agreement or general intangible or agreement or agreements creating or giving rise to such Permitted Lien, provided that the limitation set forth in this sentence shall (i) exist only for so long as such rule of law, statute, regulation, lease agreement or general intangible or agreement and the Permitted Lien created therein continue to be effective (and, upon the cessation, termination, expiration of such rule of law, statute, regulation, lease agreement or general intangible or Permitted Lien, or if any such rule of law, statute or regulation is no longer applicable, the security interest granted herein shall be deemed to have automatically attached to such asset) and (ii) not apply with respect to any asset if and to the extent that the prohibition or restriction on the security interest in and to such asset granted in this Agreement is rendered ineffective under Sections 9-406, 9-407, 9-408, or 9-409 of the foregoing being herein sometimes referred to as the “Collateral”UCC. 2.2. Schedule C to the Security Agreement shall be amended and restated in the form of Schedule C attached hereto.

Grant of Security Interest in the Collateral. As collateral security for the Secured Obligations defined below, the Debtor Guarantor hereby grants to the Agent for the benefit of the Secured Creditors Lender a lien on and security interest in, and right of set‑off set-off against, and acknowledges and agrees that the Agent Lender has and shall continue to have for the benefit of the Secured Creditors a continuing lien on and security interest in, and right of set‑off set-off against, all right, title, and interest of the DebtorGuarantor, whether now owned or existing or hereafter created, acquired or arising, in and to all personal property of the Guarantor, including all of the following: (a) Repurchase AgreementsAccounts; (b) Documents of Title with respect to any Qualified Commodity including, without limitation, warehouse receiptsChattel Paper; (c) Hedging Accounts together with all funds which may now or hereafter accumulate in or become withdrawable from or paid out of the Hedging AccountsInstruments (including Promissory Notes); (d) Hedging Agreements and Forward Contracts (and shall include Forward Contract Equity)Documents; (e) Goods consisting General Intangibles (including Payment Intangibles and Software, patents, trademarks, tradestyles, copyrights, and all other intellectual property rights, including all applications, registration, and licenses therefor, and all goodwill of Qualified Commoditiesthe business connected therewith or represented thereby); (f) Investment Property relating the foregoingLetter-of-Credit Rights; (g) General Intangibles relating to the foregoingSupporting Obligations; (h) Deposit Accounts; (i) Investment Property (including certificated and uncertificated Securities, Securities Accounts, Security Entitlements, Commodity Accounts, and Commodity Contracts); (j) Inventory; (k) Equipment (including all software, whether or not the same constitutes embedded software, used in the operation thereof); (l) Fixtures; (m) Rights to merchandise and other Goods (including rights to returned or repossessed Goods and rights of stoppage in transit) which is represented by, arises from, or relates to any of the foregoing; (i) Supporting Obligations and security interests relating to the foregoing; (jn) Monies, personal property, and interests in personal property of the Debtor Guarantor of any kind or description now held by any Secured Creditor the Lender or at any time hereafter transferred or delivered to, or coming into the possession, custody or control of, any Secured Creditorthe Lender, or any agent or affiliate of any Secured Creditorthe Lender, whether expressly as collateral security or for any other purpose (whether for safekeeping, custody, collection or otherwise), and all dividends and distributions on or other rights in connection with any such property; (ko) Supporting evidence and documents relating to any of the above‑described above-described property, including, without limitation, computer programs, disks, tapes and related electronic data processing media, and all rights of the Debtor Guarantor to retrieve the same from third parties, written applications, credit information, account cards, payment records, correspondence, delivery and installation certificates, invoice copies, delivery receipts, notes and other evidences of indebtedness, insurance certificates and the like, together with all books of account, ledgers, and cabinets in which the same are reflected or maintained; (lp) Accessions and additions to, and substitutions and replacements of, any and all of the foregoing; and (mq) Proceeds and products of the foregoing, and all insurance of the foregoing and proceeds thereof; all of the foregoing being herein sometimes referred to as the “Collateral”. 2.2. Schedule C All terms which are used in this Agreement which are defined in the Uniform Commercial Code of the State of Nevada as in effect from time to time (“UCC”) shall have the same meanings herein as such terms are defined in the UCC, unless this Agreement shall otherwise specifically provide. For purposes of this Agreement, the term "Receivables" means all rights to the Security Agreement shall be amended payment of a monetary obligation, whether or not earned by performance, and restated in the form of Schedule C attached heretowhether evidenced by an Account, Chattel Paper, Instrument, General Intangible, or otherwise.

Grant of Security Interest in the Collateral. As collateral security for To secure the prompt payment and performance in full when due, whether by lapse of time, acceleration or otherwise, of the Secured Obligations defined belowObligations, the Debtor each Grantor hereby grants to the Agent Collateral Agent, for the benefit of the Secured Creditors Agents and the Lenders, a lien on and continuing security interest in, lien on, pledge of, collateral assignment of, and a right of set‑off to set-off against, any and acknowledges and agrees that the Agent has and shall continue to have for the benefit of the Secured Creditors a continuing lien on and security interest in, and right of set‑off against, all right, title, title and interest of such Grantor in and to the Debtorfollowing, whether now owned or existing or hereafter createdowned, acquired acquired, or arising, in and to all of the followingarising hereafter: (a) Repurchase Agreementsall Accounts, including all credit enhancements therefor; (b) Documents all money, cash, Cash Equivalents, securities, and other property of Title any kind held directly or indirectly by any Agent or any Lender; (c) all Chattel Paper; (d) all Contracts; (e) all Deposit Accounts, credits, and balances with respect to and other claims against any Qualified Commodity Agent or any Lender or any of their Affiliates or any other financial institution with which any Grantor maintains deposits, including any Payment Accounts; (f) all Documents; (g) all Equipment; (h) all Fixtures; (i) all General Intangibles (including, without limitation, warehouse receipts; (c) Hedging Accounts together with all funds which may now or hereafter accumulate in or become withdrawable from or paid out of the Hedging Payment Intangibles, Intercompany Accounts; (d) Hedging Agreements , and Forward Contracts (and shall include Forward Contract EquitySoftware); (e) Goods consisting of Qualified Commodities; (f) Investment Property relating the foregoing; (g) General Intangibles relating to the foregoing; (h) Rights to merchandise and other Goods (including rights to returned or repossessed Goods and rights of stoppage in transit) which is represented by, arises from, or relates to any of the foregoing; (i) Supporting Obligations and security interests relating to the foregoing; (j) Monies, personal property, and interests in personal property of the Debtor of any kind or description now held by any Secured Creditor or at any time hereafter transferred or delivered to, or coming into the possession, custody or control of, any Secured Creditor, or any agent or affiliate of any Secured Creditor, whether expressly as collateral security or for any other purpose (whether for safekeeping, custody, collection or otherwise), and all dividends and distributions on or other rights in connection with any such propertyInstruments; (k) Supporting evidence and documents relating to any of the above‑described property, including, without limitation, computer programs, disks, tapes and related electronic data processing media, and all rights of the Debtor to retrieve the same from third parties, written applications, credit information, account cards, payment records, correspondence, delivery and installation certificates, invoice copies, delivery receipts, notes and other evidences of indebtedness, insurance certificates and the like, together with all books of account, ledgers, and cabinets in which the same are reflected or maintainedInventory; (l) Accessions all Investment Property; provided that with respect to any Voting Stock of any Foreign Subsidiary (with respect to any Grantor, the "more than fifty percent (50%)" ownership test for the definition of a Foreign Subsidiary to be based solely upon the direct ownership by such Grantor without regard to any indirect ownership attributable to such Grantor), the amount of such Voting Stock of such Foreign Subsidiary (with respect to any Grantor, the "more than fifty percent (50%)" ownership test for the definition of a Foreign Subsidiary to be based solely upon the direct ownership by such Grantor without regard to any indirect ownership attributable to such Grantor) included in the Collateral shall be limited to the maximum amount thereof that is less than or equal to 65% of the issued and additions outstanding Voting Stock of such Foreign Subsidiary (with respect to any Grantor, the "more than fifty percent (50%)" ownership test for the definition of a Foreign Subsidiary to be based solely upon the direct ownership by such Grantor without regard to any indirect ownership attributable to such Grantor); (m) all Supporting Obligations and Letter-of-Credit Rights; (n) all Goods; (o) all Commercial Tort Claims from time to time disclosed to the Collateral Agent pursuant to Sections 2.4(j) and 2.5(m); (p) all books, records, ledger cards, files, correspondence, computer programs, tapes, disks, and related data processing software (owned by such Grantor or in which it has an interest) that at any time evidence or contain information relating to any Collateral or are otherwise necessary or helpful in the collection thereof or realization thereupon; (q) all accessions to, and substitutions for, and replacements of, and products of any and all of the foregoing; and (mr) to the extent not otherwise included, all Proceeds and products of any and all of the foregoing, including, but not limited to, proceeds of any insurance policies, claims against third parties, and condemnation or requisition payments with respect to all or any of the foregoing. All of the foregoing, together with the Real Estate covered by each Mortgage (if any), all equity interests in Subsidiaries pledged to the Collateral Agent and all insurance other property of each Grantor in which any Agent or any Lender may at any time be granted a Lien as collateral for the foregoing and proceeds thereof; all of the foregoing being Secured Obligations, is herein sometimes collectively referred to as the “"Collateral”". 2.2. Schedule C to the Security Agreement shall be amended and restated in the form of Schedule C attached hereto.