Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations).
Appears in 46 contracts
Sources: Credit Agreement (Crown Holdings Inc), Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp)
Security Interest Absolute. All rights of the Collateral Agent hereunderAgent, the grant of a security interest in the Collateral all Liens and all obligations of each Pledgor hereunder, of the Pledgors hereunder shall be absolute and unconditional irrespective of of: (ai) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations Securities Purchase Agreement or any other agreement or instrument relating to any of the foregoingTransaction Document, (bii) any change in the time, manner or place of payment of, or in any other term in respect of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document Securities Purchase Agreement or any other agreement or instrument relating to any of the foregoingTransaction Document, (ciii) any exchangeexchange or release of, release or nonperfection non-perfection of any other collateralLien on any Collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations Obligations, or (div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any Pledgor of the Pledgors in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations). All authorizations and agencies contained herein with respect to any of the Collateral are irrevocable and powers coupled with an interest.
Appears in 10 contracts
Sources: Pledge Agreement (Max Cash Media Inc), Pledge Agreement (Cahaba Pharmaceuticals, Inc.), Pledge Agreement (Carrington Laboratories Inc /Tx/)
Security Interest Absolute. All rights of the Collateral Agent Secured Parties hereunder, the grant of a security interest in the Collateral Security Interest and all obligations of each Pledgor hereunder, Grantor hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Letter Loan Agreement, the Notes, any other Loan Document, Document or any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Letter Loan Agreement, the Notes, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations Obligations, or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 10 contracts
Sources: Security Agreement (Speedcom Wireless Corp), Security Agreement (Speedcom Wireless Corp), Security Agreement (Speedcom Wireless Corp)
Security Interest Absolute. All rights of the Collateral Agent Pledgee hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of the payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreementany Loan Document, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Secured Obligations).
Appears in 8 contracts
Sources: Credit Agreement (Ashford Hospitality Trust Inc), Credit Agreement (Morgans Hotel Group Co.), Credit Agreement (Ashford Hospitality Trust Inc)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, Guarantor and Grantor hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations Obligations, or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Guarantor or Grantor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 7 contracts
Sources: Guarantee and Pledge Agreement, Guarantee and Pledge Agreement (Cbre Group, Inc.), Amendment and Restatement Agreement (Cbre Group, Inc.)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a Security Interest, the security interest in the Pledged Collateral and all obligations of each Pledgor hereunder, hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 6 contracts
Sources: u.s. Guarantee and Collateral Agreement (TRW Automotive Holdings Corp), Guarantee and Collateral Agreement (Nalco Holding CO), Guarantee and Collateral Agreement (TRW Automotive Inc)
Security Interest Absolute. All rights of the Collateral Administrative Agent hereunder, the grant of a security interest in the Pledged Collateral and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of the payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoingdocuments, instruments or agreements evidencing any of the Secured Obligations, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any the Pledgor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Secured Obligations).
Appears in 6 contracts
Sources: Pledge Agreement (Select Income REIT), Credit Agreement (Select Income REIT), Closing Agreement (Select Income REIT)
Security Interest Absolute. All rights of the Collateral Agent Pledgee hereunder, the grant of a security interest in the Pledged Collateral and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, Note or any other Loan Documentloan document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of the payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit AgreementNote, any other Loan Document loan document, or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any the Pledgor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Secured Obligations).
Appears in 6 contracts
Sources: Pledge Agreement (Artemis International Solutions Corp), Pledge Agreement (Opus360 Corp), Pledge Agreement (Greenfield Online Inc)
Security Interest Absolute. All rights of the Collateral Agent hereunderAgents and the Lenders, the grant of a security interest in the Collateral all Liens and all obligations of each the Pledgor hereunder, hereunder shall be absolute and unconditional irrespective of of: (ai) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations Financing Agreement or any other agreement or instrument relating to any of the foregoingthereto, (bii) any change in the time, manner or place of payment of, or in any other term in respect of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, Financing Agreement or any other Loan Document or any other agreement or instrument relating to any of the foregoingDocument, (ciii) any exchangeexchange or release of, release or nonperfection non-perfection of any other collateralLien on any Collateral, or any release or amendment or waiver of or consent to or departure from any guarantyGuaranty, for all or any of the Obligations Obligations, or (div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any the Pledgor in respect of the Obligations or in Obligations. All authorizations and agencies contained herein with respect to any of this Agreement (other than the indefeasible payment in full of all the Obligations)Pledged Collateral are irrevocable and powers coupled with an interest.
Appears in 6 contracts
Sources: Financing Agreement (Imperial Holdings, LLC), Financing Agreement (Imperial Holdings, LLC), Financing Agreement (Imperial Holdings, LLC)
Security Interest Absolute. All To the fullest extent permitted by applicable Law, all rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral hereunder and all obligations of each Pledgor hereunder, Guarantor hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or Document, any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to under or departure from any guaranty, for guarantee guaranteeing all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Guarantor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 6 contracts
Sources: Credit Agreement (ServiceTitan, Inc.), Credit Agreement (ServiceTitan, Inc.), Credit Agreement (Yum Brands Inc)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral Security Interest and all obligations of each Pledgor hereunder, the Grantors hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document Document, or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from the Guaranty or any guarantyother guarantee, for securing or guaranteeing all or any of the Obligations Obligations, or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 5 contracts
Sources: Security Agreement (Advanced Audio Concepts, LTD), Security Agreement (Gamestop Corp), Security Agreement (GameStop Corp.)
Security Interest Absolute. All rights of the Collateral Administrative Agent hereunder, the grant of a the security interest in the Collateral and all obligations of each Pledgor hereunder, Loan Party hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment to or waiver of of, or any consent to any departure from from, the Credit Agreement, any other Loan Document Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateralcollateral securing, or any release or amendment to or waiver of of, or any consent to or any departure from from, any guarantyguarantee of, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Loan Party in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 5 contracts
Sources: Guarantee and Collateral Agreement (Americold Realty Trust), Credit Agreement (Americold Realty Trust), Guarantee and Collateral Agreement (Americold Realty Trust)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit AgreementIndenture, any other Loan Indenture Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit AgreementIndenture, any other Loan Indenture Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations).
Appears in 5 contracts
Sources: Pledge Agreement (Pliant Corp), Pledge Agreement (Pliant Corp), Pledge Agreement (Leap Wireless International Inc)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations).
Appears in 4 contracts
Sources: Credit Agreement (Trimas Corp), Pledge Agreement (PSF Holdings LLC), Pledge Agreement (Monterey Carpets Inc)
Security Interest Absolute. All rights of the Collateral Administrative Agent hereunder, the grant of a security interest in the Pledged Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of the payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreementany Loan Document, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateralPledged Collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Pledge Agreement (other than the indefeasible payment in full of all the Obligations).
Appears in 4 contracts
Sources: Pledge Agreement (ExchangeRight Income Fund), Pledge Agreement (Service Properties Trust), Pledge Agreement (Service Properties Trust)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any the Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations).
Appears in 4 contracts
Sources: Credit Agreement (El Paso Electric Co /Tx/), Credit Agreement (Tel Save Holdings Inc), Pledge Agreement (Tel Save Holdings Inc)
Security Interest Absolute. All rights of the Collateral Agent Lender hereunder, the grant of a security interest in the Collateral created hereby, and all obligations of each Pledgor the Grantor hereunder, shall be absolute and unconditional irrespective of (ai) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (bii) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (ciii) any exchange, release or nonperfection of any other collateralCollateral, or any release or amendment or waiver of or consent to or departure from any guarantyguarantee, for all or any of the Obligations Obligations, or (div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, the Grantor or any Pledgor other obligor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 4 contracts
Sources: Security Agreement (GS Cleantech Corp), Security Agreement (GS Energy CORP), Security Agreement (Gs Agrifuels Corp)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, the Intercreditor Agreement, any other Loan Financing Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, the Intercreditor Agreement, any other Loan Financing Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations).
Appears in 4 contracts
Sources: Credit Agreement (Crown Holdings Inc), Shared Pledge Agreement (Crown Holdings Inc), Shared Pledge Agreement (Crown Holdings Inc)
Security Interest Absolute. All rights of the Collateral Agent Trustee and the Holders of the Notes and the security interest granted to the Trustee hereunder, the grant of a security interest in the Collateral and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of under all circumstances, including but not limited to:
(a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations Indenture or any other agreement or instrument relating to any of the foregoing, thereto;
(b) any change in the time, manner or place of payment or performance of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, Indenture;
(c) any taking, exchange, surrender, release or nonperfection non-perfection of any other collateral, collateral or any release or amendment taking, release, amendment, or waiver of or consent to or departure from any guaranty, provision of any guaranty for all or any of the Obligations or Obligations;
(d) any change, restructuring or termination of the corporate structure or existence of the Pledgor or any of its affiliates; or
(e) to the extent permitted by applicable law, any other circumstance that might otherwise constitute a defense available to, or a discharge of, any the Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Security Agreement.
Appears in 4 contracts
Sources: Security Agreement (Kinetic Concepts Inc /Tx/), Security Agreement (Health Net Inc), Security Agreement (Health Net Inc)
Security Interest Absolute. All rights of the Collateral Agent on its behalf and on behalf of Obligee, assignments and pledges made and created hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunderthe Grantors, shall be absolute and unconditional unconditional, irrespective of of:
(a) any Any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, thereto;
(b) any Any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of of, or any consent to any departure from the Credit Agreementfrom, any other Loan Document or any other agreement or instrument relating to any of the foregoing, Secured Obligations;
(c) any Any exchange, release release, subordination or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or any departure from any guaranty, for all or any of the Obligations or Secured Obligations; or
(d) Any other circumstance, other than indefeasible payment in full of the Secured Obligations (including, but not limited to, any other circumstance that statute of limitations) which might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations Grantors or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)a third party grantor or a security interest.
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)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a the security interest in the Collateral Collateral, and all obligations of each Pledgor hereunder, Grantor hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, Transaction Document or any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document Transaction Documents or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Secured Obligations or in respect of this Agreement (other than payment of the indefeasible payment in full of all the outstanding Secured Obligations).
Appears in 4 contracts
Sources: Security Agreement (Profusa, Inc.), Security Agreement (ReShape Lifesciences Inc.), Security Agreement (Vsee Health, Inc.)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral Security Interest and all obligations of each Pledgor hereunder, the Grantors hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit AgreementIndenture, any other Loan Indenture Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit AgreementIndenture, any other Loan Indenture Document or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations Obligations, or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 4 contracts
Sources: Security Agreement (On Semiconductor Corp), Security Agreement (Leap Wireless International Inc), Second Priority Security Agreement (Pierson Industries Inc)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in granted to the Collateral Agent hereunder, and all obligations of each Pledgor Borrower hereunder, shall be absolute and unconditional irrespective of any of the following, and Borrower expressly consents to the occurrence of any of such events and waives, in its capacity as Borrower, to the extent permitted by law, any defense arising therefrom:
(ai) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations Loan Documents or any other agreement or instrument relating to any of the foregoing, thereto;
(bii) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, Loan Documents;
(ciii) any exchange, release or nonperfection non-perfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guarantyof the Loan Documents, including, without limitation, the Security Agreement and any Operative Mortgages or any other guaranty for all or any of the Obligations or Obligations; or
(div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any Pledgor Borrower in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 3 contracts
Sources: Intercreditor Agreement (Avondale Inc), Credit Agreement (Avondale Inc), Borrower Pledge Agreement (Avondale Inc)
Security Interest Absolute. All rights of Administrative Agent and Secured Parties and the Collateral Security Interest granted to Administrative Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor Debtor hereunder, shall shall, to the extent permitted by Laws, be absolute and unconditional unconditional, irrespective of of
(a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, Documents;
(b) any change in the time, manner or place of payment or performance of, or in any other term of, all or any of the Obligations, Obligations or any other amendment to or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, Documents;
(c) any exchange, release or nonperfection non-perfection of any other collateralcollateral (including the Collateral or any part thereof), or any release of or amendment to or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or Obligations; or
(d) any other circumstance that circumstances which might otherwise constitute a defense available to, or a discharge of, Debtor, any Pledgor in respect of the Obligations other Obligor or in respect of this Agreement (any other than the indefeasible payment in full of all the Obligations)Person.
Appears in 3 contracts
Sources: Intellectual Property Security Agreement (Xircom Inc), Intellectual Property Security Agreement (Xircom Inc), Credit Agreement (Doskocil Manufacturing Co Inc)
Security Interest Absolute. All rights of the Collateral Administrative Agent and security interests hereunder, the grant of a security interest in the Collateral and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of of:
(ai) any Any lack of validity or enforceability of the Credit Agreement, any other the Loan DocumentDocuments, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, thereto;
(bii) any Any change in the time, manner or place of payment of, or in any other term of, all or any part of the ObligationsLiabilities, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any Agreement or the other Loan Document or any other agreement or instrument relating to any of the foregoing, Documents;
(ciii) any Any exchange, release or nonperfection non-perfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any part of the Obligations or Liabilities; or
(div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any the Pledgor in respect of the Obligations Liabilities or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 3 contracts
Sources: Pledge Agreement (Barneys New York Inc), Pledge Agreement (Barneys New York Inc), Pledge Agreement (Barneys New York Inc)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral Pledged Stock and all obligations of each Pledgor hereunder, hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit AgreementIndenture, any other Loan Credit Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit AgreementIndenture, any other Loan Document Credit Document, or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible a defense of payment in full of all the Obligationsor performance).
Appears in 3 contracts
Sources: Pledge Agreement (EP Energy Corp), Pledge Agreement (EP Energy Corp), Pledge Agreement (EP Energy Corp)
Security Interest Absolute. All rights of the Collateral Administrative Agent hereunder, the grant of a the security interest in the Collateral and all obligations of each Pledgor hereunder, Loan Party hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment to or waiver of of, or any consent to any departure from from, the Credit Agreement, any other Loan Document Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateralcollateral securing, or any release or amendment to or waiver of of, or any consent to or any departure from from, any guarantyguarantee of, for all or any of the Obligations Obligations, or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor or Guarantor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 3 contracts
Sources: Credit Agreement (NCR Corp), Credit Agreement (NCR Corp), Guarantee and Pledge Agreement (NCR Corp)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Credit Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Credit Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations).
Appears in 3 contracts
Sources: Pledge Agreement (Cross Country Inc), Pledge Agreement (Hudson Respiratory Care Inc), Pledge Agreement (Century Maintenance Supply Inc)
Security Interest Absolute. All rights of the Collateral Administrative Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, the Pledgors hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment a termination as provided for in full of all the ObligationsSection 14(a) and 14(b) hereof).
Appears in 3 contracts
Sources: Pledge Agreement (Jupitermedia Corp), Pledge Agreement (Jupitermedia Corp), Pledge Agreement (Jupitermedia Corp)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral Security Interest and all obligations of each Pledgor hereunder, the Grantors hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit AgreementIndenture, any other Loan Transaction Document, any agreement with respect to any of the Indenture Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Indenture Obligations, or any other amendment or waiver of or any consent to any departure from the Credit AgreementIndenture, any other Loan Transaction Document or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations Indenture Obligations, or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Indenture Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 3 contracts
Sources: Security Agreement (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc)
Security Interest Absolute. All rights of the Collateral Agent Lenders hereunder, the grant of a security interest in the Collateral created hereby, and all obligations of each Pledgor the Borrower hereunder, shall be absolute and unconditional irrespective of (ai) any lack of validity or enforceability of the Credit AgreementNote, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (bii) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit AgreementNote, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (ciii) any exchange, release or nonperfection of any other collateralCollateral, or any release or amendment or waiver of or consent to or departure from any guarantyguarantee, for all or any of the Obligations Obligations, or (div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, the Borrower or any Pledgor other obligor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 3 contracts
Sources: Security Agreement (Tapimmune Inc), Security Agreement (Tapimmune Inc), Security Agreement (Op Tech Environmental Services Inc)
Security Interest Absolute. All rights of the Collateral Agent hereunderAgent, the grant of a security interest in the Collateral all Liens and all obligations of each the Pledgor hereunder, hereunder shall be absolute and unconditional irrespective of of: (ai) any lack of validity or enforceability of the Credit Securities Purchase Agreement, any other Loan Document, any agreement with respect to any of the Obligations Notes or any other agreement or instrument relating to any of the foregoingTransaction Document, (bii) any change in the time, manner or place of payment of, or in any other term in respect of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Securities Purchase Agreement, any other Loan Document the Notes or any other agreement or instrument relating to any of the foregoingTransaction Document, (ciii) any exchangeexchange or release of, release or nonperfection non-perfection of any other collateralLien on any Collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations Secured Obligations, or (div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any the Pledgor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Secured Obligations). All authorizations and agencies contained herein with respect to any of the Pledged Collateral are irrevocable and powers coupled with an interest.
Appears in 3 contracts
Sources: Securities Purchase Agreement (A-Power Energy Generation Systems, Ltd.), Pledge Agreement (A-Power Energy Generation Systems, Ltd.), Pledge Agreement (A-Power Energy Generation Systems, Ltd.)
Security Interest Absolute. All rights of the Collateral Administrative Agent hereunder, the grant of a Security Interest in the Article 9 Collateral, the security interest in the Pledged Collateral and all obligations of each Pledgor hereunder, hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible a defense of payment in full of all the Obligationsor performance).
Appears in 3 contracts
Sources: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (Verso Quinnesec REP Holding Inc.), Guarantee and Collateral Agreement (Verso Quinnesec REP Holding Inc.)
Security Interest Absolute. All rights of the Collateral Agent Secured Party and security interests hereunder, the grant of a security interest in the Collateral and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of of:
(ai) any lack of validity or enforceability of the Credit any provision of this Pledge Agreement, the Loan Agreement, the Note or any other Loan Document, any agreement with respect to any of the Obligations Document or any other agreement or instrument relating to any of the foregoing, thereto;
(bii) any change in the time, manner or place of payment of, or in any other term of, or any increase in the amount of, all or any of the Obligations, or any other amendment or waiver of any term of, or any consent to any departure from the Credit any requirement of, this Pledge Agreement, the Loan Agreement, the Note or any other Loan Document or any other agreement or instrument relating to any of the foregoing, Documents;
(ciii) any exchange, release or nonperfection non-perfection of any lien on any other collateral, or any release or amendment or waiver of any term of any guaranty of, or consent to or departure from any guarantyrequirement of any guaranty of, for all or any of the Obligations or Obligations; or
(div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations a borrowing or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)a pledgor.
Appears in 3 contracts
Sources: Pledge and Security Agreement (PLD Telekom Inc), Pledge and Security Agreement (Metromedia International Group Inc), Pledge and Security Agreement (PLD Telekom Inc)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral Security Interest, and all obligations of each Pledgor the Borrower hereunder, shall be absolute and unconditional irrespective of (ai) any lack of validity partial invalidity or enforceability unenforceability of the Credit AgreementNote, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (bii) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document Note or any other agreement or instrument relating to any of the foregoinginstrument, (ciii) any exchange, release or nonperfection of any other collateralCollateral, or any release or amendment or waiver of or consent to or departure from any guarantyguarantee, for all or any of the Obligations Secured Obligations, or (div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any Pledgor of the Borrower in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Liquidmetal Technologies Inc), Security Agreement (Liquidmetal Technologies Inc), Securities Purchase Agreement (Liquidmetal Technologies Inc)
Security Interest Absolute. All rights of the Collateral Agent and security interests hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor the Pledgors hereunder, shall be absolute and unconditional irrespective of of:
(a) any Any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations Indenture or any other agreement or instrument relating to any of the foregoing, thereto;
(b) any Any change in the time, manner or place of payment of, or in any other term of, all or any part of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Indenture or this Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, ;
(c) any Any exchange, release or nonperfection non-perfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any part of the Obligations or Secured Obligations;
(d) the insolvency of any Pledgor; or
(e) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 3 contracts
Sources: Share Pledge Agreement (Citadel L P), Share Pledge Agreement (Mountview Path LTD), Share Pledge Agreement (Best Tone Holdings LTD)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a Security Interest, the security interest in the Pledged Collateral and all obligations of each Pledgor hereunder, hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit AgreementIndenture, any other Loan Credit Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit AgreementIndenture, any other Loan Document Credit Document, or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible a defense of payment in full of all the Obligationsor performance).
Appears in 3 contracts
Sources: Collateral Agreement (EP Energy Corp), Collateral Agreement (EP Energy Corp), Collateral Agreement (EP Energy Corp)
Security Interest Absolute. All rights of the Collateral Agent Lender hereunder, the grant of a security interest in the Collateral Security Interest, and all obligations of each Pledgor the Grantor hereunder, shall be absolute and unconditional irrespective of (ai) any lack of validity or enforceability of the Credit AgreementLoan Documents, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (bii) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit AgreementLoan Documents, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (ciii) any exchange, release or nonperfection of any other collateralCollateral, or any release or amendment or waiver of or consent to or departure from any guarantyguarantee, for all or any of the Obligations Obligations, or (div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, the Grantor or any Pledgor other obligor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 3 contracts
Sources: Subordinated Security Agreement (Winwin Gaming Inc), Security Agreement (Winwin Gaming Inc), Security Agreement (Winwin Gaming Inc)
Security Interest Absolute. All rights of the Collateral Administrative Agent hereunder, the grant of a Security Interest in the Article 9 Collateral, the security interest in the Pledged Collateral and all obligations of each Pledgor hereunder, hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit any Secured Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document Secured Agreement or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible a defense of payment in full of all the Obligationsor performance).
Appears in 3 contracts
Sources: Guarantee and Collateral Agreement (Verso Paper Corp.), Guarantee and Collateral Agreement (Verso Paper Corp.), Credit Agreement (Verso Paper Corp.)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral Pledged Stock and all obligations of each Pledgor hereunder, hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Term Loan Agreement, any other Loan Credit Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Term Loan Agreement, any other Loan Document Credit Document, or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible a defense of payment in full of all the Obligationsor performance).
Appears in 3 contracts
Sources: Pledge Agreement (EP Energy LLC), Pledge Agreement (MBOW Four Star, L.L.C.), Term Loan Agreement (MBOW Four Star, L.L.C.)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the its Obligations or in respect of this Agreement (other than the indefeasible performance or payment in full of all the Obligations, as the case may be).
Appears in 3 contracts
Sources: Pledge Agreement (Dirsamex Sa De Cv), Credit Agreement (Jafra Cosmetics International Sa De Cv), Pledge Agreement (Jafra Cosmetics International Sa De Cv)
Security Interest Absolute. All rights of the Collateral --------------------------- Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations).
Appears in 3 contracts
Sources: Credit Agreement (Western Auto Supply Co/), Pledge Agreement (Advance Stores Co Inc), Pledge Agreement (Laralev Inc)
Security Interest Absolute. All rights of the Collateral Agent Secured Party hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor Grantor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of the payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreementany Loan Document, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Secured Obligations).
Appears in 3 contracts
Sources: Credit Agreement (Morgans Hotel Group Co.), Security Agreement (Morgans Hotel Group Co.), Credit Agreement (Morgans Hotel Group Co.)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a Security Interest, the security interest in the Pledged Collateral and all obligations of each Pledgor hereunder, hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Credit Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document Credit Document, or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible a defense of payment in full of all the Obligationsor performance).
Appears in 3 contracts
Sources: Credit Agreement (Talos Energy Inc.), Credit Agreement (Talos Energy Inc.), Credit Agreement (MBOW Four Star, L.L.C.)
Security Interest Absolute. All rights of the Collateral Administrative Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, Grantor hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense (other than a defense of full payment or performance) available to, or a discharge of, any Pledgor Grantor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 3 contracts
Sources: Security Agreement (MSGE Spinco, Inc.), Security Agreement (Madison Square Garden Entertainment Corp.), Security Agreement (Madison Square Garden Entertainment Corp.)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Revolving Credit Agreement, any other Loan Document, any agreement with respect to any of the Revolver Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Revolver Obligations, or any other amendment or waiver of or any consent to any departure from the Revolving Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Revolver Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Revolver Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Revolver Obligations).
Appears in 2 contracts
Sources: Pledge Agreement (Memc Electronic Materials Inc), Revolving Credit Agreement (Memc Electronic Materials Inc)
Security Interest Absolute. All rights of the Collateral Agent Lender and security interests hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor Borrower hereunder, shall be absolute and unconditional irrespective of of:
(a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations Note or any other agreement or instrument relating to any of the foregoing, thereto;
(b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, Note;
(c) any exchange, release or nonperfection non-perfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or Obligations; or
(d) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any Pledgor Borrower in respect of the Obligations or Borrower in respect of this Agreement (Agreement, other than the indefeasible payment in full of all the Obligations).
Appears in 2 contracts
Sources: Separation Agreement (Sonomawest Holdings Inc), Loan and Security Agreement (Finet Com Inc)
Security Interest Absolute. All To the extent permitted by applicable law, all rights of the Collateral Agent hereunder, the grant of a security interest in the Nevada Collateral and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any either Pledgor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Secured Obligations).
Appears in 2 contracts
Sources: Pledge Agreement (Colonial Downs, LLC), Pledge Agreement (Colonial Downs, LLC)
Security Interest Absolute. All rights of the Collateral Agent Lender hereunder, the grant of a security interest in the Collateral granted herein and all obligations of each Pledgor hereunder, the Borrower hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Loan Agreement, any other Loan DocumentDocuments, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, Obligations or any other amendment or waiver of or any consent to any departure from the Credit Loan Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any of the Collateral or any other collateral, or any release or amendment or waiver of or consent to or departure from any guarantyGuaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor of Borrower in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all of the Obligations).
Appears in 2 contracts
Sources: Fourth Agreement of Amendment, Fourth Agreement of Amendment (Qep Co Inc)
Security Interest Absolute. All rights of the Collateral Agent Secured Party hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor Grantor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of the payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreementany Loan Document, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Secured Obligations).
Appears in 2 contracts
Sources: Credit Agreement (Ashford Hospitality Trust Inc), Credit Agreement (Ashford Hospitality Trust Inc)
Security Interest Absolute. All rights of the Collateral Agent and security interests hereunder, the grant of a security interest in the Collateral and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of of, and unaffected by:
(a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, ;
(b) any lack of validity or enforceability of any Financing Document;
(c) any change in the time, manner or place of payment of, or in any other term of, all or any of the ObligationsLiabilities, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, Financing Document;
(cd) any exchange, surrender, release or nonperfection non-perfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or Liabilities; or
(de) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any the Pledgor in respect of the Obligations Liabilities or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 2 contracts
Sources: Borrower Pledge Agreement (Hughes Electronics Corp), Borrower Pledge Agreement (Geotek Communications Inc)
Security Interest Absolute. All rights of the Collateral Administrative Agent hereunderand the other Secured Parties, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunderhereunder and the security interest hereunder shall, shall to the extent permitted by applicable law, be absolute and unconditional unconditional, irrespective of of:
(a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to the Letters of Credit or any of the Obligations or any other agreement or instrument relating to any of Loan Documents executed in connection with the foregoing, Credit Agreement;
(b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, Obligations or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document the Letters of Credit or any other agreement or instrument relating to any of the foregoing, other Loan Documents executed in connection with the Credit Agreement;
(c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or Obligations; or
(d) any other circumstance that (other than payment in full of the Obligations) which might otherwise constitute a defense available to, or a discharge of, Pledgor, any Pledgor Guarantor or any Subsidiary that is a party to any Loan Document executed in respect of connection with the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Credit Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Lufkin Industries Inc), Credit Agreement (Lufkin Industries Inc)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Pledged Collateral and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan DocumentNote, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of the payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoingdocuments, instruments or agreements evidencing any of the Secured Obligations, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any the Pledgor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Secured Obligations).
Appears in 2 contracts
Sources: Construction Loan Agreement (Corporate Office Properties Trust), Construction Loan Agreement (Corporate Office Properties Trust)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, the Guarantor hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document Document, or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Guarantor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 2 contracts
Sources: Guarantee and Pledge Agreement (BCP Crystal Holdings Ltd. 2), Guarantee and Pledge Agreement (Celanese CORP)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral interests granted pursuant hereto, and all obligations of each Pledgor hereunder, Grantor hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit this Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment to or waiver of of, or any consent to any departure from the Credit from, this Agreement, any other Loan Document agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateralcollateral securing, or any release or amendment to or waiver of of, or any consent to or any departure from from, any guarantyguarantee of, for all or any of the Obligations Secured Obligations, or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 2 contracts
Sources: Term Loan Credit Agreement (CDK Global, Inc.), Revolving Credit Agreement (CDK Global, Inc.)
Security Interest Absolute. All rights of the Collateral Agent Lender and security interests hereunder, the grant of a security interest in the Collateral and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of of: (ai) any lack of validity or enforceability of the Credit Agreement, any other Amended and Restated Loan Document, any agreement with respect to any of the Obligations Agreement or any other agreement or instrument relating to any of the foregoing, thereto; (bii) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Amended and Restated Loan Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, ; (ciii) any exchange, release or nonperfection non-perfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations Obligations; or (div) to the extent permitted by law, any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any the Pledgor in respect of the Obligations or in respect of this Pledge Agreement (other than the indefeasible payment in full of all the Obligations(in cash).
Appears in 2 contracts
Sources: Pledge Agreement (KMC Telecom Holdings Inc), Pledge Agreement (KMC Telecom Holdings Inc)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations).
Appears in 2 contracts
Sources: Pledge Agreement (Knowles Electronics LLC), Pledge Agreement (Knowles Electronics LLC)
Security Interest Absolute. All rights of the Collateral Agent and security interests hereunder, the grant of a security interest in the Collateral and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of of:
(a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations Project Documents, or any other agreement or instrument relating to any of thereto (other than against the foregoing, Collateral Agent);
(b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit AgreementProject Documents, any other Loan Document or any other agreement or instrument relating to any thereto; provided, that the aggregate amount of the foregoing, Obligations shall not be increased other than in accordance with the Trust Indenture without the consent of the Pledgor;
(c) any exchange, release or nonperfection non-perfection of any other collateral, or any release or amendment or waiver of or consent to or any departure from any guaranty, for all or any of the Obligations or Obligations; or
(d) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Pledgor.
Appears in 2 contracts
Sources: Stock Pledge and Security Agreement (Panda Interfunding Corp), Stock Pledge and Security Agreement (Panda Interfunding Corp)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral Security Interest and all obligations of each Pledgor hereunder, the Grantors hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document Document, or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations Secured Obligations, or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Zale Corp), Security Agreement (Zale Corp)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, the Guarantor hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Loan Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Loan Agreement, any other Loan Document Document, or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Guarantor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 2 contracts
Sources: Guarantee and Pledge Agreement (BCP Crystal Holdings Ltd. 2), Guarantee and Pledge Agreement (Celanese CORP)
Security Interest Absolute. All rights of the Collateral Escrow Administrative Agent for its own benefit and the benefit of the Escrow Lenders and security interests hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor the Escrow Borrower hereunder, shall be absolute and unconditional irrespective of of:
(a) any lack of validity or enforceability of the Escrow Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations Agreement or any other agreement or instrument relating to any of the foregoing, thereto;
(b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Escrow Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, ;
(c) any exchange, surrender, release or nonperfection non-perfection of any Liens on any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, collateral for all or any of the Obligations or Secured Obligations; or
(d) to the extent permitted by applicable law, any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any Pledgor the Escrow Borrower in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 2 contracts
Sources: Escrow Agreement (Charter Communications, Inc. /Mo/), Escrow Agreement (Charter Communications, Inc. /Mo/)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in granted to the Collateral Agent hereunder, and all obligations of each Pledgor the Borrower hereunder, shall be absolute and unconditional irrespective of (a) any of the following, and the Borrower expressly consents to the occurrence of any of such events and waives, in its capacity as Borrower, to the extent permitted by law, any defense arising therefrom:
A. any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations Loan Documents or any other agreement or instrument relating to any of the foregoing, (b) thereto;
B. any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) Loan Documents;
C. any exchange, release or nonperfection non-perfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, of the Loan Documents for all or any of the Obligations or (d) Secured Obligations; or
D. any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any Pledgor the Borrower in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Airborne Freight Corp /De/), Credit Agreement (McWhorter Technologies Inc /De/)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a Security Interest, the security interest in the Pledged Collateral and all obligations of each Pledgor hereunder, Grantor hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Credit Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document Credit Document, or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Obligations or in respect of this Agreement (other than the indefeasible a defense of payment in full of all the Obligationsor performance).
Appears in 2 contracts
Sources: Credit Agreement (Vine Resources Inc.), Credit Agreement (Vine Resources Inc.)
Security Interest Absolute. All rights of the Collateral Agent Trustee and security interests hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of of, and unaffected by:
(a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to Indenture or any of the Obligations or any other agreement or instrument relating to any of the foregoing, Collateral Documents;
(b) any change in the time, manner or place of or payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document terms and conditions of the Indenture or any other agreement or instrument relating to any of the foregoing, other Collateral Documents;
(c) any exchange, surrender, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or Obligations; or
(d) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 2 contracts
Sources: Indenture (Echostar DBS Corp), Stock Pledge Agreement (Echostar DBS Corp)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral Security Interest and all obligations of each Pledgor hereunder, the Grantors hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreementany Support Document or Secured Instrument, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreementany Support Document or Secured Instrument, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations Obligations, or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 2 contracts
Sources: Security Agreement (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Pledged Collateral and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of the payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoingdocuments, instruments or agreements evidencing any of the Secured Obligations, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any the Pledgor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Secured Obligations).
Appears in 2 contracts
Sources: Pledge Agreement (U-Store-It Trust), Credit Agreement (U-Store-It Trust)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral Security Interest and all obligations of each Pledgor hereunder, the Grantors hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document Document, or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations Secured Obligations, or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)SecurityAgreement.
Appears in 2 contracts
Sources: Credit Agreement (Zale Corp), Credit Agreement (Zale Corp)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a Security Interest in the Article 9 Collateral, the security interest in the Pledged Collateral and all obligations of each Pledgor hereunder, hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Note Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Note Document or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible a defense of payment in full of all the Obligationsor performance).
Appears in 2 contracts
Sources: Collateral Agreement (Verso Paper Holdings LLC), Collateral Agreement (Verso Paper Corp.)
Security Interest Absolute. All rights of the Collateral Agent Secured Party hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor Grantor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of the payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreementany Loan Document, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Secured Obligations).
Appears in 2 contracts
Sources: Credit Agreement (Ashford Hospitality Prime, Inc.), Credit Agreement (Ashford Hospitality Prime, Inc.)
Security Interest Absolute. All rights of the Collateral Administrative Agent hereunder, the grant of a security interest in the Collateral Security Interest and all obligations of each Pledgor hereunder, the Grantors hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations Secured Obligations, or (d) any other circumstance that might otherwise constitute a defense defence available to, or a discharge of, any Pledgor Grantor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Zale Corp), Credit Agreement (Zale Corp)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan DocumentSupport Document or Secured Instrument, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Support Document or Secured Instrument or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations).
Appears in 2 contracts
Sources: Credit Agreement (Leap Wireless International Inc), Borrower Pledge Agreement (Leap Wireless International Inc)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, the Collateral Sharing Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, the Collateral Sharing Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations).
Appears in 2 contracts
Sources: Pledge Agreement (Constar Inc), Pledge Agreement (Constar International Inc)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a Security Interest, the security interest in the Pledged Collateral and all obligations of each Pledgor hereunder, hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible a defense of payment in full of all the Obligationsor performance).
Appears in 2 contracts
Sources: Collateral Agreement (Vici Properties Inc.), Collateral Agreement (CAESARS ENTERTAINMENT Corp)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral Security Interest and all obligations of each Pledgor hereunder, the Grantors hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, the Collateral Sharing Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations Obligations, or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 2 contracts
Sources: Security Agreement (Constar Inc), Security Agreement (Constar International Inc)
Security Interest Absolute. All rights of Collateral Agent, Lender and Cabo▇-▇▇▇▇▇▇ ▇▇▇ the Collateral Agent security interests created hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of of:
(ai) any Any lack of validity or enforceability of the Credit this Pledge Agreement, any other Loan Document, any agreement with respect to any of the Obligations Promissory Notes or any other agreement or instrument relating to any of the foregoing, Settlement Document;
(bii) any Any change in the time, manner or place of payment of, or in any other term of, all or any part of the ObligationsPromissory Notes or any other Obligation, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, from
(ciii) any Any exchange, release or nonperfection non-perfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any part of the Obligations or Obligations; or
(div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (Pledge Agreement, the Promissory Notes or any other than the indefeasible payment in full of all the Obligations)Settlement Document.
Appears in 2 contracts
Sources: Stock and Trust Certificate Pledge Agreement (Dart Group Corp), Stock and Trust Certificate Pledge Agreement (Haft Ronald S)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a the security interest in the Collateral Collateral, and all obligations of each Pledgor hereunder, the Grantor hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, Transaction Document or any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document Transaction Documents or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor the Grantor in respect of the Secured Obligations or in respect of this Agreement (other than payment of the indefeasible payment in full of all the outstanding Secured Obligations).
Appears in 2 contracts
Sources: Security Agreement (Chromocell Therapeutics Corp), Security Agreement (Chromocell Therapeutics Corp)
Security Interest Absolute. All rights of the Collateral Agent Lender hereunder, including without limitation, the grant of a security interest in the Collateral granted hereunder, and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of (ai) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations Term Loan or any other agreement or instrument relating to any of the foregoing, (bii) any change in the time, manner or place of payment of, or in any other term of, all or any of the ObligationsTerm Loan, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (ciii) any exchange, release or nonperfection of any other collateralCollateral, or any release or amendment or waiver of or consent to or departure from any guarantyguarantee, for all or any of the Obligations Term Loan, or (div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, the Pledgor, any Pledgor of the Guarantors or any other obligor in respect of the Obligations Term Loan or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 2 contracts
Sources: Pledge Agreement (GS Energy CORP), Pledge Agreement (Greenshift Corp)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral Security Interest and all obligations of each Pledgor hereunder, Grantor hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document Document, or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from the Guaranty or any guarantyother guarantee, for securing or guaranteeing all or any of the Obligations Secured Obligations, or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Coldwater Creek Inc), Security Agreement (A.C. Moore Arts & Crafts, Inc.)
Security Interest Absolute. All rights of the Collateral Agent and security interests hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor the Issuer hereunder, shall be absolute and unconditional irrespective of of:
(ai) any lack of validity or enforceability of any provision of the Credit AgreementIndenture, the Notes or any other Loan Document, any agreement with respect to any of the Obligations Collateral Document or any other agreement or instrument relating to any of the foregoing, thereto;
(bii) any change in the time, manner or place of payment of, or in any other term of, or any increase in the amount of, all or any of the Secured Obligations, or any other amendment or waiver of any term of, or any consent to any departure from any requirement of, the Credit AgreementIndenture, any other Loan Document the Notes or any other agreement or instrument relating to any of the foregoing, Collateral Document;
(ciii) any exchange, release or nonperfection non-perfection of any Lien on any other collateral, or any release or amendment or waiver of any term of any guaranty of, or consent to or departure from any guarantyrequirement of any guaranty of, for all or any of the Obligations or Secured Obligations; or
(div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations a borrower or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)a pledgor.
Appears in 1 contract
Security Interest Absolute. All rights of the Collateral Administrative Agent hereunderand the other Secured Parties, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunderhereunder and the security interest hereunder shall, shall to the extent permitted by applicable law, be absolute and unconditional unconditional, irrespective of of:
(a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to the Letters of Credit or any of the Obligations or any other agreement or instrument relating to any of Loan Documents executed in connection with the foregoing, Credit Agreement;
(b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, Obligations or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document the Letters of Credit or any other agreement or instrument relating to any of the foregoing, other Loan Documents executed in connection with the Credit Agreement;
(c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or Obligations; or
(d) any other circumstance that (other than payment in full of the Obligations) which might otherwise constitute a defense available to, or a discharge of, any Pledgor Pledgor, the Revolving Borrower, any Guarantor or any Subsidiary that is a party to any Loan Document executed in respect of connection with the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Credit Agreement.
Appears in 1 contract
Security Interest Absolute. All rights of the Collateral Agent Trustee hereunder, the grant of a the security interest interests in the Collateral Collateral, and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Finance Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Finance Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection non-perfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any the Pledgor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Secured Obligations).
Appears in 1 contract
Security Interest Absolute. All rights of the Collateral Agent Pledgee hereunder, the grant of a security interest in the Collateral and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of the payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreementany Loan Document, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Secured Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any the Pledgor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Secured Obligations).
Appears in 1 contract
Security Interest Absolute. All rights of the Collateral Agent Secured Party and security interests of the Secured Party hereunder, the grant of a security interest in the Collateral and all obligations of each the Pledgor hereunder, shall be absolute and unconditional irrespective of of: (ai) any lack of validity or enforceability of any of the provisions of the Credit Agreement, Agreement or any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, hereto or thereto; (bii) any change in the time, manner or place of payment of, or in any other term of, all or any of the ObligationsLiabilities, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, Agreement or any other Loan Document Document, or any other agreement or instrument relating to any of the foregoing, hereto or thereto; (ciii) any exchange, surrender, release or nonperfection non-perfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations Liabilities; or (div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any the Pledgor in respect of the Obligations Liabilities or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 1 contract
Sources: Pledge Agreement (Air T Inc)
Security Interest Absolute. All To the fullest extent permitted by applicable Law, all rights of the Collateral Administrative Agent hereunder, the grant of a security interest in the Collateral hereunder and all obligations of each Pledgor hereunder, Guarantor hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or Document, any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to under or departure from any guaranty, for guarantee guaranteeing all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Guarantor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 1 contract
Security Interest Absolute. All rights of the Collateral Administrative Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full in cash of all the Loan Document Obligations).
Appears in 1 contract
Security Interest Absolute. All rights of the Collateral Administrative Agent hereunder, the grant of a security interest in the Pledged Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of the payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreementany Loan Document, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateralPledged Collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Pledge Agreement (other than the indefeasible payment in full in cash of all the Obligations).
Appears in 1 contract
Security Interest Absolute. All rights of Foothill and obligations of the Collateral Agent Pledgors hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereundersecurity interests created or granted hereby, shall be absolute and unconditional irrespective of of:
(ai) any lack of validity or enforceability of any provision of the Credit Agreement, Loan Agreement or any other Loan Document, any agreement with respect to any of the Obligations Document or any other agreement or instrument relating to any of the foregoing, thereto;
(bii) any change in the time, manner or place of payment of, or in any other term of, or any increase in the amount of, all or any of the Secured Obligations, or any other amendment or waiver of any term of, or any consent to any departure from any requirement of, the Credit Agreement, Loan Agreement or any other Loan Document or any other agreement or instrument relating to any of the foregoing, Document;
(ciii) any exchange, release or nonperfection non-perfection of any Lien on any other collateral, or any release or amendment or waiver of any term of any guaranty of, or consent to or departure from any guarantyrequirement of any guaranty of, for all or any of the Obligations or Secured Obligations; or
(div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, Borrowers or any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Pledgor.
Appears in 1 contract
Security Interest Absolute. All rights of Foothill and obligations of the Collateral Agent Pledgors hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereundersecurity interests created or granted hereby, shall be absolute and unconditional irrespective of of:
(ai) any lack of validity or enforceability of any provision of the Credit Agreement, Loan Agreement or any other Loan Document, any agreement with respect to any of the Obligations Document or any other agreement or instrument relating to any of the foregoing, thereto;
(bii) any change in the time, manner or place of payment of, or in any other term of, or any increase in the amount of, all or any of the Secured Obligations, or any other amendment or waiver of any term of, or any consent to any departure from any requirement of, the Credit Agreement, Loan Agreement or any other Loan Document or any other agreement or instrument relating to any of the foregoing, Document;
(ciii) any exchange, release or nonperfection non-perfection of any Lien on any other collateral, or any release or amendment or waiver of any term of any guaranty of, or consent to or departure from any guarantyrequirement of any guaranty of, for all or any of the Obligations or Secured Obligations; or
(div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, Borrower or any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Pledgor.
Appears in 1 contract
Security Interest Absolute. All the rights of the Collateral Agent hereunder, hereunder respecting the grant of a security interest in Borrower and the Collateral Security Interest and all obligations of each Pledgor hereunder, shall the Borrower hereunder will be absolute and unconditional irrespective of of:
(a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations Documents or any of the Collateral or any other agreement or instrument relating to any of the foregoing, thereto;
(b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from any Document or any of the Credit Agreement, any other Loan Document Collateral or any other agreement or instrument relating to any of the foregoing, related thereto;
(c) any exchange, exchange or release of any Collateral or nonperfection of any other collateral, or the non-perfection of any of the Security Interests or any release or amendment or waiver of or consent to or departure from any guarantyGuaranty, for all or any of the Obligations or Secured Obligations; or
(d) to the fullest extent permitted by applicable Law, any other circumstance that might otherwise constitute a defense available to, or a discharge of, the Borrower or any Pledgor in respect of the Obligations or in respect of this Agreement (third-party pledgor other than the indefeasible payment in full of all the Secured Obligations).
Appears in 1 contract
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall 134 9 be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations).
Appears in 1 contract
Sources: Credit Agreement (Hechinger Co)
Security Interest Absolute. All rights of the Collateral Administrative Agent hereunder, the grant of a security interest in the Collateral interests granted hereunder and all obligations of each Pledgor hereunder, Grantor hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the ABL Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the ABL Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations ABL Obligations, or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the ABL Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 1 contract
Sources: Pledge and Security Agreement (Amscan Holdings Inc)
Security Interest Absolute. All rights of the Collateral Security -------------------------- Agent hereunder, the grant of a security interest in the Collateral interests granted hereunder and all obligations of each Pledgor hereunder, the Pledgors hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, Agreement or any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations Obligations, or (d) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 1 contract
Sources: Pledge Agreement (Brylane Inc)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Pledged Collateral and all obligations of each the Pledgor hereunder, hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document Document, or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any the Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 1 contract
Sources: Credit Agreement (Targa Resources Investments Inc.)
Security Interest Absolute. All rights of the U.S. Collateral Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor hereunder, shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, (c) any exchange, release or nonperfection of any other collateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations).
Appears in 1 contract
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a Security Interest, the security interest in the Pledged Collateral and all obligations of each Pledgor hereunder, Grantor hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document Document, or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Obligations or in respect of this Agreement (other than the indefeasible a defense of payment in full of all the Obligationsor performance).
Appears in 1 contract
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral hereunder and all obligations of each Pledgor Grantors hereunder, shall and the security interest created hereunder shall, to the extent permitted by applicable law, be absolute and unconditional unconditional, irrespective of of:
(a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, Transaction Documents;
(b) any change in the time, manner manner, or place of payment of, or in any other term of, all or any of the Obligations, Obligations or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoing, Transaction Documents;
(c) any exchange, release release, or nonperfection non-perfection of any other collateralcollateral standing as security for the Obligations or any liabilities incurred directly or indirectly hereunder or any set-off against any of such liabilities, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Obligations or Obligations; or
(d) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, Grantor, or any Pledgor other Person that is obligated in respect of the Obligations or in respect any of this Agreement (other than the indefeasible payment in full of all the Obligations).
Appears in 1 contract
Sources: Guaranty and Security Agreement (Luxurban Hotels Inc.)
Security Interest Absolute. All rights of the Collateral Agent hereunder, the grant of a security interest in the Collateral Security Interests created hereby and all obligations of each Pledgor hereunder, the Grantors hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Secured Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection non-perfection of any Lien on other collateral, or any release or amendment or waiver of or consent to under or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations Secured Obligations, or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 1 contract
Security Interest Absolute. All rights of the Collateral Administrative Agent hereunder, the grant of a security interest in the Collateral and all obligations of each Pledgor Grantor hereunder, shall will be absolute and unconditional irrespective of (ai) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, including this Agreement or any other Collateral Document, or any other agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoingSecured Obligations, (bii) any change in the time, manner or place of the payment of, or in any other term of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreementany Loan Document, including this Agreement or any other Loan Document Collateral Document, or any other agreement or instrument relating to any of the foregoing, in each case in accordance with its terms, (ciii) any exchange, release or nonperfection non-perfection of any Lien on other collateralCollateral, or any release or amendment or waiver of or consent to or departure from any guaranty, for all or any of the Secured Obligations or (div) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor Grantor in respect of the Secured Obligations or in respect of this Agreement (other than the indefeasible payment repayment in full of all the ObligationsSecured Obligations and the termination of all Commitments under the Credit Agreement).
Appears in 1 contract
Sources: Security Agreement (Semtech Corp)
Security Interest Absolute. All rights of the Collateral --------------------------- Administrative Agent hereunder, the grant of a security interest in the Pledged Collateral and all obligations of each Pledgor hereunder, hereunder shall be absolute and unconditional irrespective of (a) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations or any other agreement or instrument relating to any of the foregoing, (b) any change in the time, manner or place of payment of, or in any other term of, all or any of the Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, any other Loan Document or any other agreement or instrument relating to any of the foregoinginstrument, (c) any exchange, release or nonperfection of any other collateralPledged Collateral, or any release or amendment or waiver of or consent to or departure from any guarantyguarantee, for securing or guaranteeing all or any of the Obligations or (d) any other circumstance that might otherwise constitute a defense available to, or a discharge of, any Pledgor in respect of the Obligations or in respect of this Agreement (other than the indefeasible payment in full of all the Obligations)Agreement.
Appears in 1 contract
Sources: Credit Agreement (Armkel LLC)
Security Interest Absolute. All rights of the Collateral Agent hereunderand the Lenders, the grant of a security interest in the Collateral all Liens and all obligations of each Pledgor hereunder, of the Pledgors hereunder shall be absolute and unconditional irrespective of of: (ai) any lack of validity or enforceability of the Credit Agreement, any other Loan Document, any agreement with respect to any of the Obligations Agreement or any other agreement or instrument relating to any of the foregoingthereto, (bii) any change in the time, manner or place of payment of, or in any other term in respect of, all or any of the Secured Obligations, or any other amendment or waiver of or any consent to any departure from the Credit Agreement, Agreement or any other Loan Document or any other agreement or instrument relating to any of the foregoingDocument, (ciii) any exchangeexchange or release of, release or nonperfection non-perfection of any other collateralLien on any Collateral, or any release or amendment or waiver of of, or consent to or departure from from, any guaranty, guaranty for all or any of the Obligations Secured Obligations, or (div) any other circumstance that which might otherwise constitute a defense available to, or a discharge of, any Pledgor of the Pledgors in respect of the Obligations or in Secured Obligations. All authorizations and agencies contained herein with respect to any of this Agreement (other than the indefeasible payment in full of all the Obligations)Pledged Collateral are irrevocable and powers coupled with an interest.
Appears in 1 contract