light of such change in GAAP; provided that, until so amended, such ratio or requirement shall continue to be computed in accordance with GAAP prior to such change therein and Pledgor shall provide to the Secured Party reconciliation statements requested by Secured Party in connection therewith.
(f) Indebtedness shall mean (i) all indebtedness, obligations and liabilities of 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, incurred under the Note, (ii) all accrued but unpaid interest on any of the indebtedness described in (i) above, (iii) all obligations of Pledgor to Secured Party under any documents evidencing, securing, governing or pertaining to all or any part of the indebtedness described in (i) and (ii) above, (iv) to the extent owed hereunder or under the Note, 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, replacements and rearrangements of the indebtedness and obligations described in (i), (ii), (iii) and (iv) above.
(g) Loan Documents shall mean this Agreement and the Note.
(h) Material Adverse Effect shall mean a material adverse effect on and/or material developments with respect to (a) the business operations, properties, assets, and condition (financial or otherwise) of the Obligated Parties and their Subsidiaries taken as a whole; (b) the ability of the Obligated Parties and their Subsidiaries taken as a whole to fully and timely perform their obligations under this Agreement and/or the Loan Documents; (c) the legality, validity, binding effect or enforceability against an Obligated Party of a Loan Document; (d) the security interests held by the Secured Party on the Collateral or the priority of such liens; or (e) the rights, remedies and benefits available to, or conferred upon, the Secured Party under any Loan Document.
(i) Note shall mean that certain promissory note identified as PN274 dated as of the date hereof (the Note), by Pledgor in favor of Secured Party in the principal amount of $5,000,000, with interest thereon at six percent (6%) per annum beginning on the Loan Origination Date and continuing until 12/10/2020 and twelve percent (12%) thereafter, payable in thirty six (36) monthly installments with whole of the debt, both principal and interest being due on December 10, 2022.
(j) Obligated Party shall mean (i) Pledgor and (ii) any other party other than Pledgor who guarantees or is otherwise obligated to pay all or any portion of the Indebtedness.
Stabilis Energy, Inc.
Pledge and Security Agreement