Protection of the Collateral. All Collateral shall be free and clear of any liens and restrictions on the transfer hereof, except as specifically permitted or granted herein. The Borrower shall defend the title to the Collateral against all claims and demands which could have an effect on the Noteholders' rights or privileges hereunder. Except as set forth in the Securitization documents, the Collateral Sharing Agreement, the Exchange Pledge Agreements and the Textron Documents, the Borrower shall keep the respective Collateral free and clear of all liens, claims, security interests, restrictions of transfer, charges, encumbrances, taxes and assessments, and shall pay all taxes, assessments and fees relating to the Collateral. The Borrower will exclude from contracts to which it becomes a party after the date hereof provisions that would prevent the Borrower from creating and maintaining in favor of the Noteholders a security interest in the Collateral as pledged hereby. The Borrower shall not modify, amend or waive any terms or conditions of the Collateral or the Textron Collateral (including the waiver of a default), or any rights or interest therein, without the prior written consent of the registered holders of not less than fifty percent (50%) in aggregate principal amount of the Exchange Notes and the Notes, considered as a single class, then outstanding that have a security interest in such Collateral. The Borrower will not sell, assign, transfer or otherwise dispose of any of the Collateral. The Borrower will not take any action or suffer to exist any conditions that could have an adverse effect on the Noteholders' rights (including, without limitation, the security interest in the Collateral) granted hereunder, subject to the Textron Documents.
Appears in 1 contract
Sources: Pledge and Security Agreement (Altiva Financial Corp)
Protection of the Collateral. All Collateral shall be free and clear of any liens and restrictions on the transfer hereof, except as specifically permitted or granted herein. The Borrower shall defend the title to the Collateral against all claims and demands which could have an effect on the NoteholdersLenders' rights or privileges hereunder. Except as set forth in the Securitization documents, the Collateral Sharing Agreement, the Exchange Pledge Agreements Greenwich Documents and the Textron Documents, the Borrower shall keep the respective Collateral free and clear of all liens, claims, security interests, restrictions of transfer, charges, encumbrances, taxes and assessments, and shall pay all taxes, assessments and fees relating to the Collateral. The Borrower will exclude from contracts to which it becomes a party after the date hereof hereof, provisions that would prevent the Borrower from creating and maintaining in favor of the Noteholders Lenders a security interest in the Collateral as pledged hereby. The Borrower shall not modify, amend or waive any terms or conditions of the Collateral or the Textron Collateral (including the waiver of a default), or any rights or interest therein, without the Agent's prior written consent of the registered holders of not less than fifty percent (50%) in aggregate principal amount of the Exchange Notes and the Notes, considered as a single class, then outstanding that have a security interest in such Collateralconsent. The Borrower will not sell, assign, transfer or otherwise dispose of any of the Collateral. The Borrower will not take any action or suffer to exist any conditions that could have an adverse effect on the NoteholdersLenders' rights (including, without limitation, the security interest in the Collateral) granted hereunder, subject to the Greenwich Documents and the Textron Documents.
Appears in 1 contract
Sources: Pledge and Security Agreement (Value Partners LTD /Tx/)