The Collateral and the Guaranty Clause Samples

The clause titled "THE COLLATERAL AND THE GUARANTY" defines the assets or property pledged by a borrower (the collateral) and the additional promise by a guarantor to fulfill the borrower's obligations if they default (the guaranty). In practice, this clause specifies what assets are being used as security for the loan and outlines the terms under which a third party may be required to pay if the borrower fails to do so. Its core function is to provide the lender with assurance and recourse in the event of non-payment, thereby reducing the lender's risk and encouraging responsible borrowing.
The Collateral and the Guaranty. 7873 Section 4.1 Collateral 7873 Section 4.2 Liens on Real Property 7873 Section 4.3 Guaranty 7974 Section 4.4 Further Assurances 7974
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The Collateral and the Guaranty. 7873 Section 4.1 Collateral 7873 Section 4.2 Liens on Real Property 7873 Section 4.3 Guaranty 7974 Section 4.4 Further Assurances 7974 Section 4.5 Limitation on Collateral 7974 Section 4.6 Material Subsidiaries 8075 ARTICLE 5. REPRESENTATIONS AND WARRANTIES 8075 Section 5.1 Financial Statements 8075 Section 5.2 Organization and Qualification 8076 Section 5.3 Authority and Enforceability 8176 Section 5.4 No Material Adverse Change 8176 Section 5.5 Litigation and Other Controversies 8177 Section 5.6 True and Complete Disclosure 8177 Section 5.7 Margin Stock 8277 Section 5.8 Taxes 8277 Section 5.9 ERISA 8277 Section 5.10 Subsidiaries 8278 Section 5.11 Compliance with Laws 8278 Section 5.12 Environmental Matters 8378 Section 5.13 Investment Company 8378 Section 5.14 Intellectual Property 8378 Section 5.15 Good Title 8378 Section 5.16 Labor Relations 8379 Section 5.17 Capitalization 8379 Section 5.18 Governmental Authority and Licensing 8479 Section 5.19 Approvals 8479 Section 5.20 Solvency 8479 Section 5.21 Foreign Assets Control Regulations and Anti-Money Laundering 8580
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The Collateral and the Guaranty 
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Related to The Collateral and the Guaranty

  • Guarantee and Collateral Agreement By executing and delivering this Assumption Agreement, the Additional Grantor, as provided in Section 8.14 of the Guarantee and Collateral Agreement, hereby becomes a party to the Guarantee and Collateral Agreement as a Grantor thereunder with the same force and effect as if originally named therein as a Grantor and, without limiting the generality of the foregoing, hereby expressly assumes all obligations and liabilities of a Grantor thereunder. The information set forth in Annex 1-A hereto is hereby added to the information set forth in the Schedules to the Guarantee and Collateral Agreement. The Additional Grantor hereby represents and warrants that each of the representations and warranties contained in Section 4 of the Guarantee and Collateral Agreement is true and correct on and as the date hereof (after giving effect to this Assumption Agreement) as if made on and as of such date.

  • Collateral and Security Documents The due and punctual payment of the principal of, premium and interest on the Notes when and as the same shall be due and payable, whether on a Payment Date, at the Maturity Date, or by acceleration, repurchase, redemption or otherwise, and interest on the overdue principal of, premium and interest on the Notes to the Holders or the Indenture Trustee under this Indenture, the Notes and the other Security Documents, and all other amounts in respect of the Secured Obligations according to the terms hereunder or thereunder, shall be secured by a security interest in the Collateral as provided in the Security Documents, which define the terms of the Liens that secure the Secured Obligations. The Issuer hereby acknowledges and agrees that the Indenture Trustee holds the Collateral in trust for the benefit of the Holders, pursuant to the terms of the Security Documents. Each Holder, by accepting a Note, consents and agrees (subject to Section 4.11) to the terms of the Security Documents (including the provisions providing for the possession, use, release and foreclosure of Collateral) as the same may be in effect or may be amended from time to time in accordance with their respective terms and this Indenture, and authorizes and directs the Indenture Trustee to enter into the Security Documents and, subject to the provisions of this Indenture, to perform its obligations and exercise its rights thereunder in accordance herewith and therewith. The Issuer shall take any and all actions reasonably required to cause the Security Documents to create and maintain at all times, as security for the Secured Obligations of the Issuer hereunder, a valid and enforceable perfected Lien on all of the Collateral, in favor of the Indenture Trustee for the benefit of the Holders under the Security Documents. The Issuer hereby covenant (A) to perform and observe its obligations under the Security Documents and (B) take any and all commercially reasonable actions (including without limitation the covenants set forth in the Security Documents and in this Article 9) required to cause the Security Documents to create and maintain, as security for the Secured Obligations contained in this Indenture, the Notes and the other Security Documents, valid and enforceable, perfected (except as expressly provided herein or therein) security interests in and on all the Collateral, in favor of the Indenture Trustee, superior to and prior to the rights of all third Persons, and subject to no other Liens, in each case, except as expressly permitted herein or therein. The Issuer shall do or cause to be done, at its sole cost and expense, all such actions and things as may be necessary, or as may be required by the provisions of the Security Documents, to confirm to the Indenture Trustee the security interests in the Collateral contemplated hereby and by the Security Documents, as from time to time constituted, so as to render the Collateral available for the security and benefit of this Indenture and of the Notes secured hereby, according to the intent and purpose herein and therein expressed.

  • Delivery of the Funding Agreement and the Guarantee The Trust hereby authorizes the Custodian, on behalf of the Indenture Trustee, to receive the Funding Agreement from Principal Life and the Guarantee from PFG pursuant to the assignment of the Funding Agreement and Guarantee (the “Assignment”), to be entered into on the Original Issue Date, included in the closing instrument dated as of the Original Issue Date (the “Closing Instrument”).

  • Credit Agreement; Guarantee and Collateral Agreement The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

  • Reaffirmation of the Guaranty Each Guarantor hereby ratifies, confirms, acknowledges and agrees that its obligations under its Guaranty are in full force and effect and that such Guarantor continues to unconditionally and irrevocably guarantee the full and punctual payment, when due, whether at stated maturity or earlier by acceleration or otherwise, all of the Guaranteed Obligations (as defined in its Guaranty), as such Guaranteed Obligations may have been amended by this Agreement, and its execution and deliver of this Agreement does not indicate or establish an approval or consent requirement by such Guarantor under its Guaranty in connection with the execution and delivery of amendments to the Credit Agreement, the Notes or any of the other Loan Documents.