Secured Obligations. Means each and all of the following: (a) all of the present and future obligations of Grantors arising from this Agreement, the Credit Agreement, or the other Loan Documents (including any Guaranty), (b) all Bank Product Obligations, and (c) all Obligations of Borrower, including, in the case of each of clauses (a), (b) and (c), reasonable attorneys fees and expenses and any interest, fees, or expenses that accrue after the filing of an Insolvency Proceeding, regardless of whether allowed or... allowable in whole or in part as a claim in any Insolvency ProceedingView More
Secured Obligations. Means each and all of the following: (a) all of the present and future obligations of each of the Grantors arising from from, or owing under or pursuant to, this Agreement, the Credit Agreement, or any of the other Loan Documents (including any Guaranty), (b) all Bank Product Obligations, and (c) all other Obligations of Borrower, including, Borrower (including, in the case of each of clauses (a), (b) and (c), reasonable attorneys fees and expenses and any interest, fees, or expenses that... accrue after the filing of an Insolvency Proceeding, regardless of whether allowed or allowable in whole or in part as a claim in any Insolvency Proceeding Proceeding) View More
Secured Obligations. Means each and all of the following: (a) all of the present and future obligations of each of the Grantors arising from from, or owing under or pursuant to, this Agreement, the Credit Agreement, or any of the other Loan Documents (including any Guaranty), (b) all Bank Product Obligations, and (c) all other Obligations of Borrower, including, Borrower (including, in the case of each of clauses (a), (b) and (c), reasonable attorneys fees and expenses and any interest, fees, or expenses that... accrue after the filing of an Insolvency Proceeding, regardless of whether allowed or allowable in whole or in part as a claim in any Insolvency Proceeding Proceeding) View More
Secured Obligations. Means each and all of the following: (a) all of the present and future obligations of Grantors arising from this Agreement, the Credit Note, the Purchase Agreement, the Guaranty or the other Loan Documents (including any Guaranty), Transaction Documents, and (b) all Bank Product Obligations, and (c) all Obligations of Borrower, the Company or any Guarantor, including, in the case of each of clauses (a), (b) (a) and (c), (b), reasonable attorneys fees and expenses and any interest, fees, or... expenses that accrue after the filing of an Insolvency Proceeding, regardless of whether allowed or allowable in whole or in part as a claim in any Insolvency Proceeding View More
Secured Obligations. Means, without duplication, (i) all of the obligations of the Loan Parties to the Lenders (including the L/C Issuer) and the Administrative Agent, under the Credit Agreement and the other Loan Documents (including, but not limited to, any interest accruing after the commencement by or against any Loan Party of a proceeding under any Debtor Relief Laws, regardless of whether such interest is an allowed claim under such proceeding), whether now existing or hereafter arising, due or to become due,... direct or indirect, absolute or contingent, howsoever evidenced, created, held or acquired, whether primary, secondary, direct, contingent, or joint and several, as such obligations may be amended, modified, increased, extended, renewed or replaced from time to time, (ii) all of the obligations owing by the Loan Parties under any Swap Contract with any Lender or any Affiliate of a Lender, whether now existing or hereafter arising, (iii) all of the obligations owing by the Loan Parties under any Treasury Management Agreement with any Lender or any Affiliate of a Lender, whether now existing or hereafter arising, and (iv) all costs and expenses incurred in connection with enforcement and collection of the foregoing obligations, including Attorney Costs.View More
Secured Obligations. Means, without duplication, (i) all of the obligations of the Loan Credit Parties to the Lenders (including the L/C Issuer) Collateral Agent and the Administrative Agent, Lenders, under the Credit Agreement and the or any other Loan Documents Credit Document (including, but not limited to, any interest accruing after the commencement of a proceeding by or against any Loan Credit Party of a proceeding under any Debtor Relief Laws, regardless of whether such interest is an allowed claim under... such proceeding), whether now existing or hereafter arising, due or to become due, direct or indirect, absolute or contingent, howsoever evidenced, created, held or acquired, whether primary, secondary, direct, contingent, or joint and several, as such obligations may be amended, modified, increased, extended, renewed or replaced from time to time, time and (ii) all of the obligations owing by the Loan Parties under any Swap Contract with any Lender or any Affiliate of a Lender, whether now existing or hereafter arising, (iii) all of the obligations owing by the Loan Parties under any Treasury Management Agreement with any Lender or any Affiliate of a Lender, whether now existing or hereafter arising, and (iv) all costs and expenses incurred in connection with enforcement and collection of the obligations described in the foregoing obligations, clause (i), including Attorney Costs. View More
Secured Obligations. Means, without duplication, (i) all of the obligations of the Loan Parties to the Lenders (including the any L/C Issuer) and the Administrative Agent, under the Credit Agreement and the or any other Loan Documents Document (including, but not limited to, any interest accruing after the commencement of a proceeding by or against any Loan Party of a proceeding under any Debtor Relief Laws, regardless of whether such interest is an allowed claim under such proceeding), whether now existing or... hereafter arising, due or to become due, direct or indirect, absolute or contingent, howsoever evidenced, created, held or acquired, whether primary, secondary, direct, contingent, or joint and several, as such obligations may be amended, modified, increased, extended, renewed or replaced from time to time, (ii) all of the obligations owing by the Loan Parties under any Swap Contract with between any Loan Party and any Lender or any Affiliate of a Lender, whether now existing or hereafter arising, (iii) all of the obligations owing by the Loan Parties under any Treasury Management Agreement with between any Loan Party and any Lender or any Affiliate of a Lender, whether now existing or hereafter arising, and (iv) all costs and expenses incurred in connection with enforcement and collection of the obligations described in the foregoing obligations, clauses (i), (ii) and (iii), including Attorney Costs. View More
Secured Obligations. Means, without duplication, (i) all of the obligations of the Loan Parties to the Lenders (including the any L/C Issuer) and the Administrative Agent, under the Credit Agreement and the or any other Loan Documents Document (including, but not limited to, any interest accruing after the commencement of a proceeding by or against any Loan Party of a proceeding under any Debtor Relief Laws, regardless of whether such interest is an allowed claim under such proceeding), whether now existing or... hereafter arising, due or to become due, direct or indirect, absolute or contingent, howsoever evidenced, created, held or acquired, whether primary, secondary, direct, contingent, or joint and several, as such obligations may be amended, modified, increased, extended, renewed or replaced from time to time, (ii) all of the obligations owing by the Loan Parties under any Swap Contract with between any Loan Party and any Lender or any Affiliate of a Lender, whether now existing or hereafter arising, (iii) all of the obligations owing by the Loan Parties under any Treasury Management Agreement with between any Loan Party and any Lender or any Affiliate of a Lender, whether now existing or hereafter arising, and (iv) all costs and expenses incurred in connection with enforcement and collection of the obligations described in the foregoing obligations, clauses (i), (ii) and (iii), including Attorney Costs. View More
Secured Obligations. Means, without duplication, (a) all of the Obligations and (b) all costs and expenses incurred in connection with enforcement and collection of the Obligations, including Attorney Costs.
Secured Obligations. Means, without Without duplication, (a) (i) all of the Obligations and (b) (ii) all costs and expenses incurred in connection with enforcement and collection of the Obligations, including the Attorney Costs.
Secured Obligations. Means, without duplication, (a) all of the Obligations and (b) all costs and expenses incurred in connection with enforcement and collection of the Secured Obligations, including Attorney Costs. reasonable attorneys' fees and expenses.
Secured Obligations. Means, without duplication, (a) all of the Obligations and (b) all costs and expenses incurred in connection with enforcement and collection of the Secured Obligations, including Attorney Costs. reasonable attorneys' fees and expenses.
Secured Obligations. Means all of the liabilities and obligations (primary, secondary, direct, contingent, sole, joint or several) due or to become due, or that are now or may be hereafter contracted or acquired, or owing to, of any Debtor to the Secured Parties, including, without limitation, all obligations under this Agreement, the Note, the Purchase Agreement, the Guarantee and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith, in each case,... whether now or hereafter existing, voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or not from time to time decreased or extinguished and later increased, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from any of the Secured Parties as a preference, fraudulent transfer or otherwise as such obligations may be amended, supplemented, converted, extended or modified from time to time. Without limiting the generality of the foregoing, the term "Secured Obligations" shall include, without limitation: (i) principal of, and interest on the Note and the loans extended pursuant thereto; (ii) any and all other fees, indemnities, costs, obligations and liabilities of the Debtor from time to time under or in connection with this Agreement, the Note, the Guarantee and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith; and (iii) all amounts (including but not limited to post-petition interest) in respect of the foregoing that would be payable but for the fact that the obligations to pay such amounts are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving any Debtor.View More
Secured Obligations. Means all of the liabilities and obligations (primary, secondary, direct, contingent, sole, joint or several) due or to become due, or that are now or may be hereafter contracted or acquired, or owing to, of any Debtor Viking to the Secured Parties, Camber, including, without limitation, all obligations under this Agreement, the Note, the Purchase Merger Agreement, the Guarantee and any other instruments, agreements or other documents executed and/or delivered in connection herewith or... therewith, in each case, whether now or hereafter existing, voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or not from time to time decreased or extinguished and later increased, created or incurred, and all or any portion of such obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from any of the Secured Parties Camber as a preference, fraudulent transfer or otherwise as such obligations may be amended, supplemented, converted, extended or modified from time to time. Without limiting the generality of the foregoing, the term "Secured Obligations" shall include, without limitation: (i) principal of, and interest on the Acquisition Note and the loans extended pursuant thereto; (ii) any and all other fees, indemnities, costs, obligations and liabilities of the Debtor Viking from time to time under or in connection with this Agreement, the Acquisition Note, the Guarantee Merger Agreement and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith; and (iii) all amounts (including but not limited to post-petition interest) in respect of the foregoing that would be payable but for the fact that the obligations Secured Obligations to pay such amounts are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving any Debtor. Viking. View More
Secured Obligations. Means all of the liabilities and obligations (primary, secondary, direct, contingent, sole, joint or several) due or to become due, or that are now or may be hereafter contracted or acquired, or owing to, of any Debtor to the Secured Parties, including, without limitation, all obligations Secured Obligations under this Agreement, pursuant to the Note, NACD Common Shares (or as applicable subsequent to the exchange pursuant to Section 2.5 of the Purchase Agreement, the Guarantee Preferred Shares... or the Notes), the Certificate of Designations, Preferences and Rights of the Series A Convertible Preferred Stock of the Company (the "Certificate of Designations"), the Purchase Agreement, the other Security Documents, and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith, in each case, whether now or hereafter existing, voluntary or involuntary, direct or indirect, absolute or contingent, liquidated or unliquidated, whether or not jointly owed with others, and whether or not from time to time decreased or extinguished and later increased, created or incurred, and all or any portion of such obligations Secured Obligations or liabilities that are paid, to the extent all or any part of such payment is avoided or recovered directly or indirectly from any of the Secured Parties as a preference, fraudulent transfer or otherwise as such obligations Secured Obligations may be amended, supplemented, converted, extended or modified from time to time. Without limiting the generality of the foregoing, the term "Secured Obligations" shall include, without limitation: (i) principal of, dividends, and any other amounts owed on the Preferred Shares as set forth in the Certificate of Designations (or as applicable, principal, of, and interest on the Note Notes) and the loans extended pursuant thereto; (ii) any and all other fees, indemnities, costs, obligations and liabilities of the Debtor Debtors from time to time under or in connection with this Agreement, the Note, NACD Common Shares (or as applicable subsequent to the Guarantee exchange pursuant to Section 2.5 of the Purchase Agreement, the Preferred Shares or the Notes), the Certificate of Designations, the other Security Documents and any other instruments, agreements or other documents executed and/or delivered in connection herewith or therewith; and (iii) all amounts (including but not limited to post-petition interest) in respect of the foregoing that would be payable but for the fact that the obligations Secured Obligations to pay such amounts are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving any Debtor. View More
Secured Obligations. Means (a) as to each Borrower, all of the Obligations, including, the payment and performance of its obligations and liabilities (whether now existing or hereafter arising) (i) under the Credit Agreement and each of the other Loan Documents (including this Agreement) to which it is now or hereafter becomes a party, and (ii) any Secured Cash Management Agreements and Secured Hedge Agreements to which any Loan Party is now or hereafter becomes a party, and (b) as to each Subsidiary Guarantor, the... payment and performance of its obligations and liabilities (whether now existing or hereafter arising) (i) under the Subsidiary Guaranty and each of the other Loan Documents (including this Agreement) to which it is now or hereafter becomes a party, and (ii) any Secured Cash Management Agreements and Secured Hedge Agreements to which it is now or hereafter becomes a partyView More
Secured Obligations. Means (a) as to each the Borrower, all of the Obligations, including, the payment and performance of its the obligations and liabilities (whether now existing or hereafter arising) of each Loan Party under (i) under the Credit Agreement and each of the other Loan Documents (including this Agreement) to which it such Loan Party is now or hereafter becomes a party, and (ii) any Secured Cash Management Agreements Agreement and Secured Hedge Agreements Agreement to which any such Loan Party is now... or hereafter becomes a party, party and (b) as to each Subsidiary Guarantor, the payment and performance of its obligations and liabilities (whether now existing or hereafter arising) under (i) under the Subsidiary Guaranty and each of the other Loan Documents (including this Agreement) to which it is now or hereafter becomes a party, and (ii) any Secured Cash Management Agreements Agreement and Secured Hedge Agreements Agreement to which it is now or hereafter becomes a party party. Notwithstanding the foregoing, Secured Obligations shall exclude all Excluded Swap Obligations. View More
Secured Obligations. Means all indebtedness, liabilities and obligations of Grantor to Lenders, whether now existing or hereafter incurred, pursuant to the Notes.
Secured Obligations. Means all indebtedness, liabilities and obligations of Grantor to Lenders, Holders, whether now existing or hereafter incurred, pursuant to the Notes.
Secured Obligations. Means all of the indebtedness, obligations and liabilities of the Grantor to the Bank, individually or collectively, whether direct or indirect, joint or several, absolute or contingent, due or to become due, now existing or hereafter arising under or in respect of the IM Brands Guaranty, the JR Licensing Guaranty, any of the Loan Documents, any promissory notes or other instruments or agreements executed and delivered pursuant thereto or in connection therewith, or pursuant to this IP Security... Agreement, provided that Secured Obligations shall in no event include Excluded Swap Obligations.View More
Secured Obligations. Means all of the indebtedness, obligations and liabilities of the Grantor to the Bank, individually or collectively, whether direct or indirect, joint or several, absolute or contingent, due or to become due, now existing or hereafter arising under or in respect of the IM Brands Guaranty, the JR Licensing Guaranty, any of the Loan Documents, any promissory notes or other instruments or agreements executed and delivered pursuant thereto or in connection therewith, or pursuant to this IP Security... Agreement, provided that Secured Obligations shall in no event include Excluded Swap Obligations. View More
Secured Obligations. Each and all of the following: all of the present and future indebtedness, liabilities, and obligations of Grantor arising from this Agreement, the Note, or the other Note Documents, including the "Obligations" as defined in the Note and including attorneys' fees and expenses and any interest, fees, or expenses that accrue after the filing of an Insolvency Proceeding, regardless of whether allowed or allowable in whole or in part as a claim in any Insolvency Proceeding. The Secured Obligation... shall include, without limitation, future, as well as existing indebtedness, liabilities, and obligations owed by Heron to the Holder arising under the Note and this Security Agreement, provided that, for the avoidance doubt, "Secured Obligations" shall not include any obligations solely related to any Stock held by the Holder in its capacity solely as a shareholderView More
Secured Obligations. Each Means each and all of the following: all of the present and future indebtedness, liabilities, and obligations of Grantor arising from this Agreement, the Note, Notes, or the other Note Documents, including the "Obligations" as defined in the Note and including attorneys' attorneys fees and expenses and any interest, fees, or expenses that accrue after the filing of an Insolvency Proceeding, regardless of whether allowed or allowable in whole or in part as a claim in any Insolvency... Proceeding. The Secured Obligation shall include, without limitation, future, as well as existing indebtedness, liabilities, and obligations owed by Heron Debtor to the Holder holders of the Notes arising under the Note Notes and this Security Agreement, provided that, for the avoidance doubt, "Secured Obligations" shall not include any obligations solely related to any Stock (including Stock upon conversion of the Notes pursuant to the terms thereof) held by the Holder Purchasers in its their capacity solely as a shareholder shareholders View More
Secured Obligations. (a) the obligation of Grantor to repay the Secured Parties all of the unpaid principal amount of, and accrued interest on (including any interest that accrues after the commencement of bankruptcy) the Loans and (b) the obligation of Grantor to pay any fees, costs and expenses of the Secured Parties under Section 6(b) hereof or pursuant to any other provision of a Loan Document
Secured Obligations. (a) the The obligation of Grantor to repay the Secured Parties all of the unpaid principal amount of, and accrued interest on (including any interest that accrues after the commencement of bankruptcy) bankruptcy), the Loans and (b) the obligation of Grantor to pay any fees, costs and expenses of the Secured Parties under Section 6(b) hereof or pursuant to any other provision of a Loan Document Loans.
Secured Obligations. Means (a) the obligation of Grantor to repay the Secured Party all of the unpaid principal amount of, accrued interest on (including any interest that accrues after the commencement of bankruptcy) and fees arising under, the Loans and (b) the obligation of Grantor to pay any fees, costs or expenses of the Secured Party under the Note or this Security Agreement.
Secured Obligations. Means (a) the obligation of Grantor to repay the Secured Party Parties all of the unpaid principal amount of, and accrued interest on (including any interest that accrues after the commencement of bankruptcy) and fees arising under, bankruptcy), the Loans and Loans, (b) the obligation of Grantor to pay any fees, costs or expenses of the Secured Party under the Note or Notes, the Purchase Agreement, this Security Agreement. Agreement, or the IP Security Agreement and (c) all other obligations of... the Grantor arising under the Transaction Documents View More