Security Contract Clauses (3,151)

Security. This Note has been executed and delivered pursuant the Loan Agreement, and is secured by, inter alia, the following: (a) a Pledge and Security Agreement dated of even date herewith, by and between Borrower and Lender, covering certain collateral as more particularly described therein. This Note, the Loan Agreement and all other documents evidencing, securing, governing, guaranteeing and/or pertaining to this Note, including but not limited to those documents described above, are collectively ref...erred to as the "Loan Documents." The holder of this Note is entitled to the benefits and security provided in the Loan Documents. 3 10. Joint and Several Liability; Waiver. Each maker, signer, surety and endorser hereof, as well as all heirs, successors and legal representatives of said parties, shall be directly and primarily, jointly and severally, liable for the payment of all indebtedness hereunder. Lender may release or modify the obligations of any of the foregoing persons or entities, or guarantors hereof, in connection with this Note without affecting the obligations of the others. All such persons or entities expressly waive presentment and demand for payment, notice of default, notice of intent to accelerate maturity, notice of acceleration of maturity, protest, notice of protest, notice of dishonor, and all other notices and demands for which waiver is not prohibited by law, and diligence in the collection hereof; and agree to all renewals, extensions, indulgences, partial payments, releases or exchanges of collateral, or taking of additional collateral, with or without notice, before or after maturity. No delay or omission of Lender in exercising any right hereunder shall be a waiver of such right or any other right under this Note. View More

Security. This Note is given for the Loan in the above amount and is secured by the Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing in favor of Lender and dated as of the same date as this Note (the "Deed of Trust"), which Deed of Trust is a first lien on certain real and personal property located in San Diego County, California and more fully described in the Deed of Trust (the "Property"). The Deed of Trust, this Note, and all other documents executed in connection w...ith the Loan are hereinafter collectively referred to as the "Loan Documents." Borrower hereby agrees to perform and comply with each of the terms, covenants and provisions contained in this Note and in all other Loan Documents, all such terms, covenants and provisions being hereby made a part of this Note to the same extent and with the same force and effect as if fully set forth in this Note. The term "Property" shall mean both the real and personal property that is encumbered by the Deed of Trust. View More

Security. This Note is secured by the personal guaranty of Robert J. Wessels, pursuant to the terms and conditions of that certain Personal Guarantee, dated as of June 29, 2016 ("Persona l Guarantee").

Security. This Note is secured by the Security Agreements. BORROWER: Evercore Partners Services East L.L.C. By: /s/ Robert Walsh Name: Robert Walsh Title: Chief Financial Officer 3 EX-10.2 3 d49620dex102.htm EX-10.2 EX-10.2 Exhibit 10.2 THIRD AMENDED AND RESTATED PROMISSORY NOTE (Line of Credit - Prime Rate Adjustable - Interest Only) $50,000,000.00 January 15, 2016 1. Promise to Pay. In installments and at the times stated in this Note, for value received, Evercore Partners Services East L.L.C ("Borrower..."), promises to pay to First Republic Bank ("Lender"), or order, at 111 Pine Street, San Francisco, California 94111, Attention: Commercial Loan Operations, or at such other place as the Lender may from time to time designate in writing, the principal sum of Fifty Million and no/100 Dollars ($50,000,000.00), or so much thereof as may be disbursed by the Lender, with interest from the date of initial disbursement of all or any part of the principal of this Note (the "Disbursement Date") on unpaid principal at the interest rate or interest rates provided for in this Note. This Third Amended and Restated Promissory Note ("Note") supersedes and replaces in its entirety that certain Second Amended and Restated Promissory Note dated June 26, 2015. View More

Security. The payment of this Note is secured by a first priority lien on certain collateral of the Company (the "Collateral"), as specified in that certain Security Agreement by and the Company, Holder and [__________], executed of even date herewith and attached hereto as Exhibit "III" (the "Security Agreement"). The terms and conditions of the first priority lien on the Collateral are set forth in the Security Agreement and a guaranty of payment by Timefire LLC, a wholly-owned subsidiary of the Company... (the "Guaranty" and collectively with the Security Agreement, the "Security Documents"). Notwithstanding the existence of security interests in the Collateral for the payment of this Note, the Company shall at all times remain liable to the Holder for the full and punctual payment of all principal, interest and other amounts that are owed under this Note. The parties hereby acknowledge and agree that ___________________, shall serve as "Collateral Agent" as that terms is defined in the Security Agreement and shall possess all the rights and obligations of the Collateral Agent with respect to same. View More

Security. This Note is secured by all of the assets of Borrower pursuant to that certain Security Agreement, dated as of December 1, 2011 (the "Security Agreement").

Security. This Note is secured by: (a) that certain Security Agreement dated April 7, 2016 by and between Borrower and Lender, as the same may be amended from time to time (the "Security Agreement"), whereby Borrower granted a security interest in all of its assets in favor of Lender to secure the performance of its obligations under this Note, as more specifically set forth in the Security Agreement, all the terms and conditions of which are hereby incorporated into and made a part of this Note; and (b) ...that certain Pledge Agreement dated April 7, 2016 by and between Borrower and Lender, as the same may be amended from time to time (the "Pledge Agreement"), whereby Borrower pledged all of its right, title and interest in and to the Sino-Top Interest to secure the performance of its obligations under this Note, as more specifically set forth in the Pledge Agreement, all the terms and conditions of which are hereby incorporated into and made a part of this Note. View More

Security. 8.1 Security and Access. The Executive agrees and covenants to comply with all Company security policies and procedures as in force from time to time. 8.2 Exit Obligations. Upon (a) voluntary or involuntary termination of the Executive's employment or (b) the Company's request at any time during the Executive's employment, the Executive shall (i) provide or return to the Company any and all Company property, and all Company documents and materials belonging to the Company and stored in any fashi...on, including but not limited to those that constitute or contain any Confidential Information or Work Product, that are in the possession or control of the Executive, whether they were provided to the Executive by the Company or any of its business associates or created by the Executive in connection with his employment by the Company; and (ii) delete or destroy all copies of any such documents and materials not returned to the Company that remain in the Executive's possession or control, including those stored on any non-Company devices, networks, storage locations, and media in the Executive's possession or control. 12 9. Governing Law: Jurisdiction and Venue. This Agreement, for all purposes, shall be construed in accordance with the laws of California without regard to conflicts of law principles. Any action or proceeding by either of the parties to enforce this Agreement shall be brought only in a state or federal court located in the State of California, county of Los Angeles. The parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue. View More

Security. To secure all of Guarantor's obligations hereunder, Guarantor assigns and grants to Lender a security interest in all moneys, securities, and other property of Guarantor now or hereafter in the possession of Lender, all deposit accounts of Guarantor maintained with Lender, and all proceeds thereof. Upon default or breach of any of Guarantor's obligations to Lender, Lender may apply any deposit account to reduce the Indebtedness, and may foreclose any collateral as provided in the Uniform Commerc...ial Code and in any security agreements between Lender and Guarantor. View More

Security. If credit line under this Agreement is secured, prerequisite for application of the financing contained herein is that Client has executed the related security instruments and such instruments have come into force and remain in full force and effect. If the security instrument is a mortgage/pledge contract, the security interest under such contract has been established and remains in full force and effect. In case Credit Line Table defines percentage of margin for letter of credit, bank guarante...e/standby L/C and bank's acceptance bill, prerequisite for application of issuance of the said instruments is that Client has paid margin in a full amount. If Client applies Creditor for change of credit line and such change causes credit line increase, at the request of Creditor, Client shall give additional security or cause Guarantor confirm such change and additional security. Where credit line is granted continuously in the coming year upon reexamination by Creditor, Client is required to make sure that security in relating to such credit line remains effective. View More