Indebtedness. (i) all indebtedness, obligations and liabilities of Borrower to Secured Party of any kind or character, now existing or hereafter arising, whether direct, indirect, related, unrelated, fixed, contingent, liquidated, unliquidated, joint, several or joint and several, and regardless of whether such indebtedness, obligations and liabilities may, prior to their acquisition by Secured Party, be or have been payable to or in favor
... of a third party and subsequently acquired by Secured Party (it being contemplated that Secured Party may make such acquisitions from third parties), including without limitation all indebtedness, obligations and liabilities of Borrower to Secured Party now existing or hereafter arising by note, draft, acceptance, guaranty, endorsement, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or otherwise, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above, (iii) all obligations of Borrower to Secured Party under any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i) and (ii) above, (iv) all costs and expenses incurred by Secured Party in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (ii) and (iii) above or the protection or preservation of, or realization upon, the collateral securing all or any part of such indebtedness and obligations, including without limitation all reasonable attorneys' fees, and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above.
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Indebtedness.
means (i) all indebtedness, obligations and liabilities of
Borrower Debtor to
Secured Party Lender of any kind or character, now existing or hereafter arising,
whether direct, indirect, related, unrelated, fixed, contingent, liquidated, unliquidated, joint, several or joint and several, and regardless of whether such indebtedness, obligations and liabilities may, prior to their acquisition by Secured Party, be or have been payable to or in favor of a third party and subsequently acquired by... Secured Party (it being contemplated that Secured Party may make such acquisitions from third parties), including without limitation all indebtedness, obligations and liabilities of Borrower to Secured Party now existing or hereafter arising by note, draft, acceptance, guaranty, endorsement, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or otherwise, under the Note, this Agreement, the other Loan Documents, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above, (iii) all obligations of Borrower to Secured Party under any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i) and (ii) above, (iv) all costs and expenses incurred by Secured Party Lender in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (i) and (ii) and (iii) above or the protection or preservation of, or realization upon, the collateral securing all or any part of such indebtedness and obligations, including without limitation all reasonable attorneys' fees, and (v) (iv) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), and (iii) and (iv) above. above; provided that the Indebtedness shall not include any other Debt of Debtor to Lender.
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Indebtedness.
(i) all indebtedness, obligations and liabilities of Borrower to Secured Party of any kind or character, now existing or hereafter arising, whether direct, indirect, related, unrelated, fixed, contingent, liquidated, unliquidated, joint, several or joint and several, and regardless of whether such indebtedness, obligations and liabilities may, prior to their acquisition by Secured Party, be or have been payable to or in favor of a third party and subsequently acquired by Secured Party (it being
... contemplated that Secured Party may make such acquisitions from third parties), including without limitation all indebtedness, obligations and liabilities of Borrower to Secured Party now existing or hereafter arising by note, draft, acceptance, guaranty, endorsement, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or otherwise, including without limitation that certain promissory note of Borrower, dated as of March 22, 2004, payable to the order of Secured Party in the original principal amount of $30,000,000, and any and all amendments, renewals, extensions, modifications, supplements and restatements thereof, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above, (iii) all obligations of Borrower to Secured Party under any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i) and (ii) above, (iv) all costs and expenses incurred by Secured Party in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (ii) and (iii) above or the protection or preservation of, or realization upon, the collateral securing all or any part of such indebtedness and obligations, including without limitation all reasonable attorneys' fees, and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above. above, and all amounts that would be owed by Borrower under any Loan Document but for the fact that such amounts are unenforceable or not allowable due to the existence of a proceeding pursuant to any CICA Relief Law (as defined in the Loan Agreement) involving CICA or any Person (including all such amounts that would become due or would be secured but for the filing of any petition, or the commencement of any proceeding, under CICA Relief Laws
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Indebtedness.
shall mean (i) all indebtedness, obligations and liabilities of Borrower to
Secured Party Lender of any kind or character, now existing or hereafter arising, whether direct, indirect, related, unrelated, fixed, contingent, liquidated, unliquidated, joint, several or joint and several, and regardless of whether such indebtedness, obligations and liabilities may, prior to their acquisition by
Secured Party, Lender, be or have been payable to or in favor of a third party and subsequently acquired
... by Secured Party Lender (it being contemplated that Secured Party Lender may make such acquisitions from third parties), including without limitation all indebtedness, obligations and liabilities of Borrower to Secured Party Lender now existing or hereafter arising by note, under the Note, this Agreement, the other Loan Documents or any draft, acceptance, guaranty, endorsement, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or otherwise, (ii) all accrued but unpaid interest on any of the indebtedness described in Subsection (i) above, (iii) all obligations of Borrower to Secured Party Lender under any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i) and (ii) above, Loan Documents, (iv) all costs and expenses incurred by Secured Party Lender in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (ii) and (iii) above or the protection or preservation of, or realization upon, the collateral Collateral securing all or any part of such indebtedness and obligations, including without limitation all reasonable attorneys' fees, and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in Subsections (i), (ii), (iii) and (iv) above.
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Indebtedness. (i) all indebtedness, obligations and liabilities of
Borrower Obligor to Secured Party of any kind or character, now existing or hereafter arising, whether direct, indirect, related, unrelated, fixed, contingent, liquidated, unliquidated, joint, several or joint and several, and regardless of whether such indebtedness, obligations and liabilities may, prior to their acquisition by Secured Party, be or have been payable to or in favor of a third party and subsequently acquired by Secured Party
... (it being contemplated that Secured Party may make such acquisitions from third parties), including without limitation all indebtedness, obligations and liabilities of Borrower Obligor to Secured Party now existing or hereafter arising by note, draft, acceptance, guaranty, endorsement, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or otherwise, including, without limitation that one certain promissory note dated as of December 19, 2008, in the original principal amount of $4,000,000, executed by Obligor and payable to the order of Secured Party, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above, (iii) all obligations of Borrower Obligor to Secured Party under any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i) and (ii) above, (iv) all costs and expenses incurred by Secured Party in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (ii) and (iii) above or the protection or preservation of, or realization upon, the collateral securing all or any part of such indebtedness and obligations, including without limitation all reasonable attorneys' fees, and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above.
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Indebtedness. (i) all indebtedness, obligations and liabilities of
Borrower Obligor to Secured Party of any kind or character, now existing or hereafter arising, whether direct, indirect, related, unrelated, fixed, contingent, liquidated, unliquidated, joint, several or joint and several, and regardless of whether such indebtedness, obligations and liabilities may, prior to their acquisition by Secured Party, be or have been payable to or in favor of a third party and subsequently acquired by Secured Party
... (it being contemplated that Secured Party may make such acquisitions from third parties), including without limitation all indebtedness, obligations and liabilities of Borrower Obligor to Secured Party now existing or hereafter arising by note, draft, acceptance, guaranty, endorsement, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or otherwise, including, without limitation (a) that one certain promissory note dated as of February 9, 2006, to be effective as of February 10, 2006, in the original principal amount of $3,000,000, executed by Obligor and payable to the order of Secured Party, (b) that one certain promissory note dated as of February 9, 2006, to be effective as of February 10, 2006, in the original principal amount of $4,000,000, executed by Obligor and payable to the order of the Secured Party, (c) that one certain promissory note dated as of February 9, 2006, to be effective as of February 10, 2006, in the original principal amount of $1,200,000 executed by Obligor and payable to the order of Secured Party, (d) that one certain promissory note dated as of February 9, 2006, to be effective as of February 10, 2006, in the original principal amount of $875,000 executed by Obligor and payable to the order of Secured Party, and (e) that one certain promissory note dated as of May 30, 2003, in the original principal amount of $775,000 executed by Obligor and payable to the order of Secured Party, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above, (iii) all obligations of Borrower Obligor to Secured Party under any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i) and (ii) above, (iv) all costs and expenses incurred by Secured Party in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (ii) and (iii) above or the protection or preservation of, or realization upon, the collateral securing all or any part of such indebtedness and obligations, including without limitation all reasonable attorneys' fees, and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above.
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Indebtedness. (i) all indebtedness, obligations and liabilities of
Borrower Obligor to Secured Party of any kind or character, now existing or hereafter arising, whether direct, indirect, related, unrelated, fixed, contingent, liquidated, unliquidated, joint, several or joint and several, and regardless of whether such indebtedness, obligations and liabilities may, prior to their acquisition by Secured Party, be or have been payable to or in favor of a third party and subsequently acquired by Secured Party
... (it being contemplated that Secured Party may make such acquisitions from third parties), including without limitation all indebtedness, obligations and liabilities of Borrower Obligor to Secured Party now existing or hereafter arising by note, draft, acceptance, guaranty, endorsement, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or otherwise, including, without limitation (a) that one certain promissory note dated as of February 9, 2006, to be effective as of February 10, 2006, in the original principal amount of $3,000,000, executed by Obligor and payable to the order of Secured Party, (b) that one certain promissory note dated as of February 9, 2006, to be effective as of February 10, 2006, in the original principal amount of $4,000,000, executed by Obligor and payable to the order of Secured Party, (c) that one certain promissory note dated as of February 9, 2006, to be effective as of February 10, 2006, herewith, in the original principal amount of $1,200,000 executed by Obligor and payable to the order of Secured Party, (d) that one certain promissory note dated as of February 9, 2006, to be effective as of February 10, 2006, in the original principal amount of $875,000 executed by Obligor and payable to the order of Secured Party, and (e) that one certain promissory note dated as of May 30, 2003, in the original principal amount of $775,000 executed by Obligor and payable to the order of Secured Party, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above, (iii) all obligations of Borrower Obligor to Secured Party under any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i) and (ii) above, (iv) all costs and expenses incurred by Secured Party in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (ii) and (iii) above or THE FROST NATIONAL BANK 3 SECURITY AGREEMENT FORM REV. JUNE �01 (REVISED ARTICLE 9 CHANGES) the protection or preservation of, or realization upon, the collateral securing all or any part of such indebtedness and obligations, including without limitation all reasonable attorneys' fees, and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above.
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Indebtedness. (i) all indebtedness, obligations and liabilities of
Borrower Obligor to Secured Party of any kind or character, now existing or hereafter arising, whether direct, indirect, related, unrelated, fixed, contingent, liquidated, unliquidated, joint, several or joint and several, and regardless of whether such indebtedness, obligations and liabilities may, prior to their acquisition by Secured Party, be or have been payable to or in favor of a third party and subsequently acquired by Secured Party
... (it being contemplated that Secured Party may make such acquisitions from third parties), including without limitation all indebtedness, obligations and liabilities of Borrower Obligor to Secured Party now existing or hereafter arising by note, draft, acceptance, guaranty, endorsement, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or otherwise, including, without limitation (a) that one certain promissory note dated as of February 9, 2006, to be effective as of February 10, 2006, in the original principal amount of $3,000,000, executed by Obligor and payable to the order of Secured Party, (b) that one certain promissory note dated as of February 9, 2006, to be effective as of February 10, 2006, in the original principal amount of $4,000,000, executed by Obligor and payable to the order of Secured Party, (c) that one certain promissory note dated as of February 9, 2006, to be effective as of February 10, 2006, in the original principal amount of $1,200,000 executed by Obligor and payable to the order of Secured Party, (d) that one certain promissory note dated as of February 9, 2006, to be effective as of February 10, 2006, in the original principal amount of $875,000 executed by Obligor and payable to the order of Secured Party, and (e) that one certain promissory note dated as of May 30, 2003, in the original principal amount of $775,000 executed by Obligor and payable to the order of Secured Party, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above, (iii) all obligations of Borrower Obligor to Secured Party under any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i) and (ii) above, (iv) all costs and expenses incurred by Secured Party in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (ii) and (iii) above or the protection THE FROST NATIONAL BANK 3 SECURITY AGREEMENT FORM REV. JUNE 01 (REVISED ARTICLE 9 CHANGES) or preservation of, or realization upon, the collateral securing all or any part of such indebtedness and obligations, including without limitation all reasonable attorneys' fees, and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above.
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Indebtedness. (i) all indebtedness, obligations and liabilities of
Borrower Pledgor to Secured Party of any kind or character, now existing or hereafter arising, whether direct, indirect, related, unrelated, fixed, contingent, liquidated, unliquidated, joint, several or joint and several,
and regardless of whether such indebtedness, obligations and liabilities may, prior to their acquisition by Secured Party, be or have been payable to or in favor of a third party and subsequently acquired by Secured Party... (it being contemplated that Secured Party may make such acquisitions from third parties), including without limitation all indebtedness, obligations and liabilities of Borrower to Secured Party now existing or hereafter arising by note, draft, acceptance, guaranty, endorsement, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or otherwise, under the Guaranty Documents, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above, (iii) all obligations of Borrower Pledgor to Secured Party under the Guaranty Documents or any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i) and (ii) above, (iv) all costs and expenses incurred by Secured Party in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (ii) and (iii) above or the protection or preservation of, or realization upon, the collateral securing all or any part of PLEDGE AGREEMENT - Page 1 such indebtedness and obligations, including including, without limitation limitation, all reasonable attorneys' fees, fees and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above.
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Indebtedness.
shall mean (i)
indebtedness, obligations and liabilities owing by Borrower to Secured Party under the Note and Purchase Agreement and all
other indebtedness, obligations and liabilities of
Pledgor and Borrower
(or either of them) to Secured Party of any kind or character, now existing or hereafter arising, whether direct, indirect, related, unrelated, fixed, contingent, liquidated, unliquidated, joint, several or joint and several, and regardless of whether such indebtedness, obligations and
... liabilities may, prior to their acquisition by Secured Party, be or have been payable to or in favor of a third party and subsequently acquired by Secured Party (it being contemplated that Secured Party may make such acquisitions from third parties), including without limitation all indebtedness, obligations and liabilities of Pledgor and Borrower (or either of them) to Secured Party now existing or hereafter arising by note, draft, acceptance, guaranty, endorsement, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or otherwise, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above, (iii) all obligations of Pledgor and Borrower (or either of them) to Secured Party under any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness indebtedness, obligations and liabilities described in (i) and (ii) above, (iv) (iii) all costs and expenses incurred by Secured Party in connection with the collection and administration of all or any part of the indebtedness indebtedness, obligations and obligations liabilities described in (i), (i) and (ii) and (iii) above or the protection or preservation of, or realization upon, the collateral securing all or any part of such indebtedness indebtedness, obligations and obligations, liabilities, including without limitation all reasonable attorneys' fees, and (v) (iv) all renewals, extensions, modifications and rearrangements of the indebtedness indebtedness, obligations and obligations liabilities described in (i), (ii), (ii) and (iii) and (iv) above. 1
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Indebtedness. (i) all indebtedness, obligations and liabilities of
Borrower Obligor to Secured Party of any kind or character, now existing or hereafter arising, whether direct, indirect, related, unrelated, fixed, contingent, liquidated, unliquidated, joint, several or joint and several, and regardless of whether such indebtedness, obligations and liabilities may, prior to their acquisition by Secured Party, be or have been payable to or in favor of a third party and subsequently acquired by Secured Party
... (it being contemplated that Secured Party may make such acquisitions from third parties), including without limitation all indebtedness, obligations and liabilities of Borrower Obligor to Secured Party now existing or hereafter arising by note, draft, acceptance, guaranty, endorsement, letter of credit, assignment, purchase, overdraft, discount, indemnity agreement or otherwise, including, without limitation (a) that one certain promissory note dated of even date herewith, in the original principal amount of $5,000,000, executed by Obligor and payable to the order of Secured Party, (b) that one certain promissory note dated of even date herewith, in the original principal amount of $2,000,000, executed by Obligor and payable to the order of Secured Party and (c) that one certain promissory note dated of even date herewith, in the original principal amount of $775,000 executed by Obligor and payable to the order of Secured Party, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above, (iii) all obligations of Borrower Obligor to Secured Party under any documents evidencing, securing, governing and/or pertaining to all or any part of the indebtedness described in (i) and (ii) above, (iv) all costs and expenses incurred by Secured Party in connection with the collection and administration of all or any part of the indebtedness and obligations described in (i), (ii) and (iii) above or the protection or preservation of, or realization upon, the collateral securing all or any part of such indebtedness and obligations, including without limitation all reasonable attorneys' fees, and (v) all renewals, extensions, modifications and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above.
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