Obligations

Obligations. The collective reference to (i) the due and punctual payment of (x) the principal of and premium, if any, and interest at the applicable rate provided in the Credit Agreement (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on the Loans, when and as due, whether at maturity, by acceleration, upon one or more dates set for prepayment or otherwise, and (y) each... payment required to be made by the Borrowers under the Credit Agreement in respect of any Letter of Credit, when and as due, including payments in respect of reimbursement of disbursements, interest thereon and obligations to provide cash collateral, and (z) all other monetary obligations, including fees, costs, expenses and indemnities, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), of the Borrowers Borrower or any other Credit Party to any of the Secured Parties Lenders under the Credit Agreement and the other Credit Documents, (ii) the due and punctual performance of all covenants, agreements, obligations and liabilities of the Borrowers Borrower under or pursuant to the Credit Agreement and the other Credit Documents, Documents and (iii) the due and punctual payment and performance of all the covenants, agreements, obligations and liabilities of each other Credit Party under or pursuant to this Guarantee or the other Credit Documents, (iv) the due and punctual payment and performance of all obligations of each Credit Party under each Hedge Agreement that (x) is in effect on the Closing Date with a counterparty that is a Lender or an affiliate of a Lender as of the Closing Date or (y) is entered into after the Closing Date with any counterparty that is a Lender or an affiliate of a Lender at the time such Hedge Agreement is entered into and (v) the due and punctual payment and performance of all obligations in respect of overdrafts and related liabilities owed to the Administrative Agent or its affiliates arising from or in connection with treasury, depositary or cash management services or in connection with any automated clearinghouse transfer of funds. Documents. View More

Obligations. The Shall mean the collective reference to (i) the due and punctual payment of (x) the principal of and premium, if any, and interest at the applicable rate provided in the Credit Agreement (including interest at the contract rate applicable upon default accrued or accruing during after the pendency commencement of any bankruptcy, insolvency, receivership proceeding, under the Bankruptcy Code or other similar proceeding, regardless any applicable provision of comparable state or foreign law,... whether or not such interest is an allowed or allowable claim in such proceeding) on the Loans, when and as due, whether at maturity, by acceleration, upon one or more dates set for prepayment or otherwise, (y) each payment required to be made by the Borrowers Borrower under the Credit Agreement or any other Credit Documents in respect of any Letter of Credit, when and as due, including payments in respect of reimbursement of disbursements, interest thereon and obligations to provide cash collateral, and (z) all other monetary obligations, including fees, costs, expenses and indemnities, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership proceeding under the Bankruptcy Code or other similar proceeding, regardless any applicable provision of comparable state or foreign law, whether or not such interest is an allowed or allowable claim in such proceeding), of the Borrowers Borrower or any other Credit Party to any of the Secured Parties under the Credit Agreement and the any other Credit Documents, (ii) the due and punctual performance of all covenants, agreements, obligations and liabilities of the Borrowers Borrower under or pursuant to the Credit Agreement and the other Credit Documents, (iii) the due and punctual payment and performance of all the covenants, agreements, obligations and liabilities of each other Credit Party under or pursuant to this Guarantee Security Agreement or the other Credit Documents, (iv) the due and punctual payment and performance of all obligations of each Credit Party under each Hedge Agreement that (x) is in effect on the Closing Date with a counterparty that is a Lender or an affiliate of a Lender as of the Closing Date or (y) is entered into after the Closing Date with any counterparty that is a Lender or an affiliate of a Lender at the time such Hedge Agreement is entered into and (v) the due and punctual payment and performance of all obligations in respect of overdrafts and related liabilities owed to the Administrative Agent or its affiliates arising from or in connection with (a) treasury, depositary or depositary, cash management services or in connection with any (b) automated clearinghouse transfer of funds. View More

Obligations. The collective reference to (i) the due and punctual payment of (x) the principal of and premium, if any, and interest at the applicable rate provided in the Credit Agreement (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on the Loans, when and as due, whether at maturity, by acceleration, upon one or more dates set for prepayment or otherwise, and (y) each... payment required to be made by the Borrowers under the Credit Agreement in respect of any Letter of Credit, when and as due, including payments in respect of reimbursement of disbursements, interest thereon and obligations to provide cash collateral, and (z) all other monetary obligations, including fees, costs, expenses and indemnities, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), of the Borrowers Borrower or any other Credit Party to any of the Secured Parties Lenders under the Credit Agreement and the other Credit Documents, (ii) the due and punctual performance of all covenants, agreements, obligations and liabilities of the Borrowers Borrower under or pursuant to the Credit Agreement and the other Credit Documents, Documents and (iii) the due and punctual payment and performance of all the covenants, agreements, obligations and liabilities of each other Credit Party under or pursuant to this Guarantee or the other Credit Documents, (iv) the due and punctual payment and performance of all obligations of each Credit Party under each Hedge Agreement that (x) is in effect on the Closing Date with a counterparty that is a Lender or an affiliate of a Lender as of the Closing Date or (y) is entered into after the Closing Date with any counterparty that is a Lender or an affiliate of a Lender at the time such Hedge Agreement is entered into and (v) the due and punctual payment and performance of all obligations in respect of overdrafts and related liabilities owed to the Administrative Agent or its affiliates arising from or in connection with treasury, depositary or cash management services or in connection with any automated clearinghouse transfer of funds. Documents. View More

Obligations. Means, collectively, Collectively, (a) all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or unmatured, at any time or from time to time due or accruing due and owing by or otherwise payable by the Company or any Guarantor to the Secured Party in any currency, under, in connection with or pursuant to any Transaction Document (including, without limitation, the SPA, the Note, any Supplemental Loan Document or this Agreement), and... whether incurred by the Company or any Guarantor alone or jointly with another or others and whether as principal, guarantor or surety and in whatever name or style and (b) all expenses, costs and charges incurred by or on behalf of the Secured Party in connection with any Transaction Document (including, without limitation, the SPA, the Note, any Supplemental Loan Document and or this Agreement) or the Collateral, Agreement), any collateral (including any Securities Collateral), including all legal fees, court costs, receiver's or agent's remuneration and other expenses of taking possession of, repairing, protecting, insuring, preparing for disposition, realizing, collecting, selling, transferring, delivering or obtaining payment for the Collateral, such collateral (including any Securities Collateral), and of taking, defending or participating in any action or proceeding in connection with any of the foregoing matters or otherwise in connection with the Secured Party's interest in any Collateral, collateral (including any Securities Collateral), whether or not directly relating to the Secured Party's rights under this Agreement or any other Transaction Document (including, without limitation, any enforcement of this Agreement or any other Transaction Document). Document. View More

Obligations. Means, collectively, (a) all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or unmatured, at any time or from time to time due or accruing due and owing by or otherwise payable by the Company Borrower or any Guarantor (including, without limitation, any Grantor) to the Secured Party in any currency, under, in connection with or pursuant to any Transaction Document (including, without limitation, the SPA, the Note, any Supplemental Loan... Document or this Agreement), Agreement) and related transaction documents, and whether incurred by the Company Borrower or any Guarantor (including, without limitation, any Grantor) alone or jointly with another or others and whether as principal, guarantor or surety and in whatever name or style and (b) all reasonable and documented expenses, costs and charges incurred by or on behalf of the Secured Party in connection with any Transaction Document (including, without limitation, the SPA, the Note, (including this Agreement), any Supplemental Loan Document and this Agreement) transaction document related thereto or the Collateral, including all legal fees, court costs, receiver's or agent's remuneration and other expenses of taking possession of, repairing, protecting, insuring, preparing for disposition, realizing, collecting, selling, transferring, delivering or obtaining payment for the Collateral, and of taking, defending or participating in any action or proceeding in connection with any of the foregoing matters or otherwise in connection with the Secured Party's interest in any Collateral, whether or not directly relating to the Secured Party's rights under enforcement of this Agreement or Agreement, the Note, any other Transaction Document (including, without limitation, and any enforcement of this Agreement or any other Transaction Document). transaction document related thereto. 3 View More

Obligations. Means, collectively, (a) all debts, liabilities and obligations, present or future, direct or indirect, absolute or contingent, matured or unmatured, at any time or from time to time due or accruing accruing, due and owing by or otherwise payable by the Company or any Guarantor the Guarantors to the Secured Party Parties, in any currency, under, in connection with or pursuant to any Transaction Document (including, without limitation, the SPA, the Note, any Supplemental Loan Document or this... Agreement), and whether incurred by the Company or any Guarantor the Guarantors alone or jointly with another or others and whether as principal, guarantor guarantors or surety and in whatever name or style and (b) all expenses, costs and charges incurred by or on behalf of the Secured Party Parties in connection with any Transaction Document (including, without limitation, the SPA, the Note, any Supplemental Loan Document and (including this Agreement) or the Collateral, including all legal fees, court costs, receiver's or agent's remuneration and other expenses of taking possession of, repairing, protecting, insuring, preparing for disposition, realizing, collecting, selling, transferring, delivering or obtaining payment for the Collateral, and of taking, defending or participating in any action or proceeding in connection with any of the foregoing matters or otherwise in connection with the Secured Party's Parties' interest in any Collateral, whether or not directly relating to the Secured Party's rights under this Agreement or any other Transaction Document (including, without limitation, any enforcement of this Agreement or any other Transaction Document). Document. View More

Obligations. Means all present and future liabilities and obligations of Borrower to CNB hereunder and all other liabilities and obligations under each of Borrower to CNB of every kind, the Loan Documents, now existing or hereafter owing, matured or unmatured, direct or indirect, absolute or contingent, joint or several, including any extensions and renewals thereof and substitutions therefor.

Obligations. Means all All present and future liabilities and obligations of Borrower to CNB hereunder and all other liabilities and obligations of Borrower to CNB of every kind, whether now existing or hereafter owing, matured or unmatured, direct or indirect, absolute or contingent, joint or several, including any extensions and renewals thereof and substitutions therefor.

Obligations. Means all All present and future liabilities and obligations of Borrower to CNB hereunder and all other liabilities and obligations of Borrower to CNB of every kind, whether now existing or hereafter owing, matured or unmatured, direct or indirect, absolute or contingent, joint or several, including any extensions and renewals thereof and substitutions therefor.

Obligations. Means, collectively, any and all claims, obligations, liabilities, causes of actions, Proceedings, investigations, judgments, decrees, losses, damages (including punitive punitive, consequential, special and exemplary damages), fees, fines, penalties, amounts paid in settlement, costs and Expenses (including without limitation interest, taxes, assessments and other charges in connection therewith and disbursements of attorneys, accountants, investment bankers and other professional advisors),... in each case whether incurred, arising or existing with respect to third parties or otherwise otherwise, at any time or from time to time. time View More

Obligations. Means, collectively, any and all claims, obligations, liabilities, causes of actions, Proceedings, actions, suits, proceedings, investigations, judgments, decrees, losses, damages (including punitive and exemplary damages), damages, fees, fines, penalties, amounts paid in settlement, costs and Expenses expenses (including without limitation interest, assessments penalties and other charges in connection therewith fees and disbursements of attorneys, accountants, investment bankers and other... professional advisors), in each case whether incurred, arising or existing with respect to third parties or otherwise at any time or from time to time. View More

Obligations. Means, collectively, any and all claims, obligations, liabilities, causes of actions, Proceedings, actions, suits, proceedings, investigations, judgments, decrees, losses, damages (including punitive and exemplary damages), damages, fees, fines, penalties, amounts paid in settlement, costs and Expenses expenses (including without limitation interest, assessments penalties and other charges in connection therewith fees and disbursements of attorneys, accountants, investment bankers and other... professional advisors), in each case whether incurred, arising or existing with respect to third parties or otherwise at any time or from time to time. View More

Obligations. And The term 'Obligations' and all other capitalized terms ------------ used herein without definition shall have the respective meanings provided therefor in the Note. Security Agreement.

Obligations. And The term "Obligations" and all other capitalized terms ------------ used herein without definition shall have the respective meanings provided therefor in the Note.

Obligations. And The term "Obligations" and all other capitalized terms ------------ ----------- used herein without definition shall have the respective meanings provided therefor in the Note.

Obligations. The collective reference to all obligations and undertakings of the Company of whatever nature, monetary or otherwise, under the Debentures, the Purchase Subscription Agreement, the Security Agreement, the Warrants, the Registration Rights Agreement or any other future agreement or obligations undertaken by the Company to the Purchasers, Purchasers in connection therewith, together with all reasonable attorneys' fees, disbursements and all other costs and expenses of collection incurred by... Purchasers in enforcing any of such Obligations and/or this Guarantee. View More

Obligations. The collective reference to all obligations and undertakings of the Company of whatever nature, monetary or otherwise, under the Debentures, the Purchase Agreement, Agreements, the Security Agreements, the Loan Agreements, Deeds of Trust, Mortgage Agreement, the Warrants, the Registration Rights Agreement or any other existing or future agreement or obligations undertaken by the Company to the Purchasers, Lenders, together with all reasonable attorneys' fees, disbursements and all other costs... and expenses of collection incurred by Purchasers Lenders in enforcing any of such Obligations and/or this Guarantee. View More

Obligations. The collective reference to all obligations and undertakings of the Company Borrowers of whatever nature, monetary or otherwise, under the Debentures, the Purchase Agreement, the Security Agreement, the Warrants, the Registration Rights Agreement or any other future agreement or obligations undertaken by the Company Borrowers to the Purchasers, together with all reasonable attorneys' fees, disbursements and all other costs and expenses of collection incurred by Purchasers in enforcing any of... such Obligations and/or this Guarantee. View More

Obligations. Means all monetary and non-monetary obligations obligations, whether of payment, performance, observance, or otherwise, owed to Lender by Borrowers Borrower in connection with any or all of the transactions contemplated by (i) referenced in this agreement, or (ii) contemplated or effected by the other Loan Documents, Documents and/or by the Related Documents, regardless of whether such obligations are now existing or hereafter arising, arising liquidated or unliquidated, due or to become due,... matured or unmatured, contingent or absolute, liquidated or unliquidated, or joint, several, or joint and several. View More

Obligations. Means all All monetary and non-monetary obligations obligations, whether of payment, performance, observance, or otherwise, owed to Lender by Borrowers Borrower in connection with the transactions contemplated (i) by this agreement, (ii) by the other Loan Documents, and/or (iii) by the Related Documents, regardless of whether such obligations are now existing or hereafter arising, arising liquidated or unliquidated, due or to become due, matured or unmatured, contingent or absolute, liquidated... or unliquidated, or joint, several, or joint and several. View More

Obligations. Means all monetary and non-monetary obligations obligations, whether of payment, performance, observance, or otherwise, owed to Lender by Borrowers Borrower in connection with the transactions contemplated (i) by this agreement, (ii) by the other Loan Documents, and/or (iii) by the Related Documents, regardless of whether such obligations are now existing or hereafter arising, arising liquidated or unliquidated, due or to become due, matured or unmatured, contingent or absolute, liquidated or... unliquidated, or joint, several, or joint and several. View More

Obligations. All Means any and all present and future obligations owing by Seller Borrower to Purchaser the Lender governed or evidenced by this Agreement and the other Loan Documents whether or not for the payment of money, whether or not evidenced by any note or other instrument, whether direct or indirect, absolute or contingent, due or to become due, joint or several, primary or secondary, liquidated or unliquidated, secured or unsecured, original or renewed or extended, whether arising before, during, during or after the commencement of any bankruptcy case in which Seller Borrower is a Debtor, debtor (specifically including interest accruing after the commencement of any bankruptcy, insolvency or similar proceeding with respect to Borrower, whether or not a claim for such post-commencement interest is allowed), including but not limited to any obligations arising pursuant to letters of credit or acceptance transactions or any other financial accommodations. accommodations View More

Obligations. All present and future obligations owing by Buyer to Seller to Purchaser whether or not for the payment of money, whether or not evidenced by any note note, Invoice or other instrument, whether direct or indirect, absolute or contingent, due or to become due, joint or several, primary or secondary, liquidated or unliquidated, secured or unsecured, original or renewed or extended, whether arising before, during, during or after the commencement of any bankruptcy case proceeding under the... Bankruptcy Code in which Seller Buyer is a Debtor, including but not limited to any obligations arising pursuant to letters of credit or acceptance transactions or any other financial accommodations. View More

Obligations. All present and future obligations owing by Seller to Purchaser whether or not for the payment of money, whether or not evidenced by any note or other instrument, whether direct or indirect, absolute or contingent, due or to become due, joint or several, primary or secondary, liquidated or unliquidated, secured or unsecured, original or renewed or extended, whether arising before, during, during or after the commencement of any bankruptcy case in which Seller is a Debtor, including but not... limited to any obligations arising pursuant to letters of credit or acceptance transactions or any other financial accommodations. Debtor. View More

Obligations. Has the meaning Meaning specified therefor in the Credit Agreement

Obligations. Has the meaning specified therefor in the Credit Agreement Indenture.

Obligations. Has the meaning specified therefor in the Credit Agreement Note Purchase Agreement.

Obligations. Shall mean: (1) all obligations and liabilities to the Secured Parties, whether now existing or hereafter arising, under the Going Forward Agreement (including, without limitation, the payment obligations under Section 2(b)(i) of the Going Forward Agreement and pursuant to the Put Right (as defined in the Going Forward Agreement)), Convertible Notes, the Security Agreement, this 2 Patent and Trademark Security Agreement, the Notes Agreement and/or any document or agreement related to any of the... foregoing and the due performance and compliance with the terms of the Going Forward Agreement, the Security Agreement, this Patent and Trademark Security Agreement, the Notes Agreement and/or any document or agreement related to any of the foregoing; 2 (2) any and all sums advanced by the Secured Parties in order to preserve the Collateral or to preserve the Secured Parties' security interest in the Collateral; and (3) in the event of any proceeding for the collection or enforcement of any obligations or liabilities of the Grantor referred to in the immediately preceding clauses (1) through (2) in accordance with the terms of the Going Forward Convertible Notes, the Security Agreement, this Security Agreement, the Patent and Trademark Security Agreement, the Notes Agreement and/or any document or agreement related to the foregoing, the expenses of re-taking, holding, preparing for sale, selling or otherwise disposing of or realizing on the Collateral, or of any other exercise by the Secured Parties of their rights hereunder, together with reasonable attorneys' fees and court costs. View More

Obligations. Shall mean: (1) all obligations and liabilities to the Secured Parties, whether now existing or hereafter arising, under the Going Forward Agreement (including, without limitation, Secured Note Purchase Agreement, the payment obligations under Section 2(b)(i) of the Going Forward Agreement and pursuant to the Put Right (as defined in the Going Forward Agreement)), Notes, the Security Agreement, this 2 Patent and Trademark Security Agreement, the Notes and/or any document or agreement related to... any of the foregoing and the due performance and compliance with the terms of the Going Forward Secured Note Purchase Agreement, the Notes, the Security Agreement, this Patent and Trademark Security Agreement, the Notes Agreement and/or any document or agreement related to any of the foregoing; (2) any and all sums advanced by the Secured Parties in order to preserve the Collateral or to preserve the Secured Parties' security interest in the Collateral; and (3) in the event of any proceeding for the collection or enforcement of any obligations or liabilities of the Grantor referred to in the immediately preceding clauses (1) through (2) in accordance with the terms of the Going Forward Secured Note Purchase Agreement, the Notes, the Security Agreement, this Security Agreement, the Patent and Trademark Security Agreement, the Notes and/or any document or agreement related to the foregoing, the expenses of re-taking, holding, preparing for sale, selling or otherwise disposing of or realizing on the Collateral, or of any other exercise by the Secured Parties of their rights hereunder, together with reasonable attorneys' fees and court costs. View More

Obligations. Shall mean: (1) all obligations and liabilities to the Secured Parties, whether now existing or hereafter arising, under the Going Forward Agreement (including, without limitation, Secured Note Purchase Agreement, the payment obligations under Section 2(b)(i) of the Going Forward Agreement and pursuant to the Put Right (as defined in the Going Forward Agreement)), the Notes, this Security Agreement, this 2 the Patent and Trademark Security Agreement, the Notes Agreement and/or any document or... agreement related to any of the foregoing and the due performance and compliance with the terms of the Going Forward Secured Note Purchase Agreement, the Notes, this Security Agreement, this the Patent and Trademark Security Agreement, the Notes Agreement and/or any document or agreement related to any of the foregoing; 2 (2) any and all sums advanced by the Secured Parties in order to preserve the Collateral or to preserve the Secured Parties' security interest in the Collateral; and (3) in the event of any proceeding for the collection or enforcement of any obligations or liabilities of the Grantor referred to in the immediately preceding clauses (1) through (2) in accordance with the terms of the Going Forward Secured Note Purchase Agreement, the Notes, this Security Agreement, the Patent and Trademark Security Agreement, the Notes Agreement and/or any document or agreement related to the foregoing, the expenses of re-taking, holding, preparing for sale, selling or otherwise disposing of or realizing on the Collateral, or of any other exercise by the Secured Parties of their rights hereunder, together with reasonable attorneys' fees and court costs. View More