Persons entitled
- Wilmington Savings Fund Society, Fsb
Brief description
Each grantor hereby grants to the first lien collateral agent, for the ratable benefit of the parity lien secured parties, a security interest in, and collaterally assigns to the first lien collateral agent, for the ratable benefit of the parity lien secured parties, all of such grantor’s right, title and interest in and to the following property, whether now owned or at any time hereafter acquired by such grantor or in which such grantor now has or at any time in the future may acquire any right, title or interest (collectively, after giving effect to the proviso at the end of this section 3, the “collateral”), as collateral security for the prompt and complete payment and performance when due (whether at the stated maturity, by acceleration or otherwise) of the secured obligations:. (A) all accounts;. (B) all chattel paper;. (C) all contracts;. (D) all money, commodity accounts, deposit accounts and securities accounts;. (E) all documents;. (F) all equipment;. (G) all general intangibles;. (H) all instruments;. (I) all insurances;. (J) all intellectual property (and all intellectual property licenses and all rights thereunder), further details of which are set out in schedule 6, including the great britain-registered patent “automated pipe tripping apparatus and method” with registration number GB 2521777;. (k) all inventory;. (L) all investment property;. (M) all letter-of-credit rights;. (N) all commercial tort claims;. (O) all cash and cash equivalents;. (P) all pledged stock;. (Q) all receivables;. (R) all other property not otherwise described above;. (S) all books and records pertaining to the collateral; and. (T) to the extent not otherwise included, all proceeds, supporting obligations and products of any and all of the foregoing and all collateral security and guaranties given by any person with respect to any of the foregoing;. Provided, however, that, notwithstanding any of the other provisions set forth in this agreement or any other parity lien document, this agreement shall not constitute a grant of a security interest in, or a collateral assignment of, and the term “collateral” shall not include: (I) any assets or property constituting excluded property for so long as such assets or property constitute excluded property (but not the proceeds thereof, which shall be collateral, unless such proceeds are excluded property, but only for so long as such assets or property constitute excluded property) (ii) any assets or property of any of the grantors with respect to which a lien has been granted pursuant to any non-U.S. Parity lien security document, solely to the extent that there is a conflict between the terms of this agreement and such non- U.S. parity lien security document or (iii) any assets or property of any of the grantors with respect to which a lien has been granted pursuant to the vessel security agreement or a collateral vessel mortgage, solely to the extent there is a conflict between the terms of this agreement and the vessel security agreement or such collateral vessel mortgage.
Contains fixed charge.