Nautilus 2007 Annual Report Download - page 134

(b) The representations and warranties of each Obligor in the Loan Documents shall be true and correct on the date of, and upon
giving effect to, such funding, issuance or grant (except for representations and warranties that expressly relate to an earlier date);
(c) No event shall have occurred or circumstance exist that has or could reasonably be expected to have a Material Adverse Effect;
and
(d) With respect to issuance of a Letter of Credit, the LC Conditions shall be satisfied.
Each request (or deemed request) by Borrowers for funding of a Loan, issuance of a Letter of Credit or grant of an accommodation shall
constitute a representation by Borrowers that the foregoing conditions are satisfied on the date of such request and on the date of such funding,
issuance or grant. As an additional condition to any funding, issuance or grant, Agent shall have received such other information, documents,
instruments and agreements as it reasonably deems appropriate in connection therewith.
6.3 Limited Waiver of Conditions Precedent . If Agent, Issuing Bank or Lenders fund any Loans, arrange for issuance of any Letters of
Credit or grant any other accommodation when any conditions precedent are not satisfied (regardless of whether the lack of satisfaction was
known or unknown at the time), it shall not operate as a waiver of (a) the right of Agent, Issuing Bank and Lenders to insist upon satisfaction of
all conditions precedent with respect to any subsequent funding, issuance or grant; nor (b) any Default or Event of Default due to such failure of
conditions or otherwise.
SECTION 7. COLLATERAL
7.1 Grant of Security Interest .
To secure the prompt payment and performance of all Obligations, each Borrower hereby grants to Agent,
for the benefit of Secured Parties, a continuing security interest in and Lien upon all assets of such Borrower, including, without limitation, all of
the following Property, whether now owned or hereafter acquired, and wherever located:
(a) all Accounts;
(b) all Chattel Paper, including electronic chattel paper;
(c) all Commercial Tort Claims;
(d) all Deposit Accounts;
(e) all Documents;
(f) all General Intangibles, including Payment Intangibles, Software and Intellectual Property;
(g) all Goods, including Inventory, Equipment and fixtures;
(h) all Instruments;
(i) all Investment Property;
(j) all Letter-of-Credit Rights;
(k) all Supporting Obligations;
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