Acceptance of Collateral Sample Clauses

Acceptance of Collateral. The Collateral Agent has no duty to solicit the deposit of any Collateral with it by any Grantor or other Person and agrees to accept all Collateral to be delivered to or held by the Collateral Agent pursuant to the terms of this Agreement or any other Collateral Document. The Collateral Agent shall, on behalf and for the benefit of the Secured Parties, be the beneficiary and hold and safeguard any Collateral delivered to it during the term of this Agreement or any other Collateral Document as specified herein or therein and shall hold such Collateral in accordance with the provisions of this Agreement or such other Collateral Document, as the case may be; provided that the Collateral Agent shall not be required to hold or safeguard the Collateral with a higher degree of care than it holds and safeguards its own property.
AutoNDA by SimpleDocs
Acceptance of Collateral. The Required Lenders shall have the right, after performing such due diligence as the Required Lenders desire in their sole discretion, to accept or reject any such Nominated Property offered as an additional Collateral Property, as such right may be exercised in the Required Lenders’ reasonable discretion. The Borrower shall at its expense provide the Administrative Agent and the Lenders with the following due diligence materials and information with respect to any Nominated Property at least thirty (30) days prior to the Proposed Inclusion Date for such Nominated Property: (A) a title insurance commitment or preliminary title report for such Nominated Property with all underlying documents and a survey of such Nominated Property; (1) an environmental site assessment report with respect to such Nominated Property, dated as of a recent date (but in no event older than twelve (12) months prior to the Proposed Inclusion Date for such Nominated Property), prepared by a qualified consulting firm reasonably acceptable to the Administrative Agent in form and content acceptable to the Administrative Agent and in accordance with its guidelines (or if no such guidelines exist, generally accepted industry standards), including a certification by a qualified engineer of such firm that such engineer, or a person working under his/her supervision, (a) has obtained and examined the list of prior owners of the applicable Collateral Property, (b) has investigated registrations or other listings of the applicable Collateral Property on appropriate databases, (c) has made an on-site physical examination of such Nominated Property and (d) has made a visual observation of the surrounding areas and has found no evidence of the presence of Hazardous Materials (as such term is defined in the Environmental Indemnity Agreements), or of past or present Hazardous Materials activities, except as disclosed in such report, and including the estimated cost of any compliance, removal or remedial action in connection with any such Hazardous Materials, and an explanation of any data gap (as such term is defined in 40 C.F.R. § 312.10(b)) identified in such report (provided that any such data gap shall be subject to the approval of the Administrative Agent), (2) a physical property condition assessment report of such Nominated Property, dated as of a recent date (but in no event older than twelve (12) months prior to the Proposed Inclusion Date for such Nominated Property), prepared by a qua...
Acceptance of Collateral. In reliance upon the representations and warranties of the Debtor and Secured Party contained herein and subject to the terms and conditions set forth herein, at Closing: (i) Secured Party shall accept the Collateral in satisfaction of $35,555 of principal and interest obligations secured under the Debentures; and (ii) Debtor has no objections to Secured Party accepting the Collateral in satisfaction of $35,555 of principal and interest obligations under the Debentures and agrees to waive any and all notice periods under the applicable Uniform Commercial Code and further agrees that it will not seek to redeem the Collateral prior to Closing.
Acceptance of Collateral. 28 Section 7.05 The Collateral Agent May Perform.............................................................28 Section 7.06 Duties.......................................................................................29 Section 7.07 Liability....................................................................................30 Section 7.08 Successor Collateral Agent and Depository Bank...............................................30
Acceptance of Collateral. 59 Section 7.05 The Collateral Agent May Perform 60 Section 7.06 Duties 60 Section 7.07 Liability 61 Section 7.08 Successor Collateral Agent, Depository Bank and Intercreditor Agent 61
Acceptance of Collateral. The Required Banks shall have the right, in their sole discretion, and after performing such due diligence as the Required Banks desire in their sole discretion, to accept or reject any real property offered as Collateral. The Borrower shall at its expense provide the Required Banks with all requested due diligence materials and information, including, without limitation, title reports, environmental reports, soils reports, flood plain information, entitlement documents and plans and specifications, occupancy permits, operating statements and rent rolls, with respect to any offered real property.
Acceptance of Collateral 
AutoNDA by SimpleDocs

Related to Acceptance of Collateral

  • Maintenance of Collateral Borrower will maintain the Collateral in good working condition, and Borrower will not use the Collateral for any unlawful purpose. Borrower will immediately advise Silicon in writing of any material loss or damage to the Collateral.

  • Insurance of Collateral Borrower shall maintain and pay for insurance upon all Collateral wherever located and with respect to the business of Borrower and each of its Subsidiaries, covering casualty, hazard, public liability, workers’ compensation and such other risks in such amounts and with such insurance companies as are reasonably satisfactory to Agent. Borrower shall deliver certified copies of such policies to Agent as promptly as practicable, with satisfactory lender’s loss payable endorsements, naming Agent as a loss payee, assignee or additional insured, as appropriate, as its interest may appear, and showing only such other loss payees, assignees and additional insureds as are satisfactory to Agent. Each policy of insurance or endorsement shall contain a clause requiring the insurer to give not less than 10 days’ prior written notice to Agent in the event of cancellation of the policy for nonpayment of premium and not less than 30 days’ prior written notice to Agent in the event of cancellation of the policy for any other reason whatsoever and a clause specifying that the interest of Agent shall not be impaired or invalidated by any act or neglect of Borrower, any of its Subsidiaries or the owner of the Property or by the occupation of the premises for purposes more hazardous than are permitted by said policy. Borrower agrees to deliver to Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies. All proceeds of business interruption insurance (if any) of Borrower and its Subsidiaries shall be remitted to Agent for application to the outstanding balance of the Revolving Credit Loans. Unless Borrower provides Agent with evidence of the insurance coverage required by this Agreement, Agent may purchase insurance at Co-Borrowers’ expense to protect Agent’s interests in the Properties of Borrower and its Subsidiaries. This insurance may, but need not, protect the interests of Borrower and its Subsidiaries. The coverage that Agent purchases may not pay any claim that Borrower or any Subsidiary makes or any claim that is made against Borrower or any such Subsidiary in connection with said Property. Borrower may later cancel any insurance purchased by Agent, but only after providing Agent with evidence that Borrower and its Subsidiaries have obtained insurance as required by this Agreement. If Agent purchases insurance, Co-Borrowers will be responsible for the costs of that insurance, including interest and any other charges Agent may impose in connection with the placement of insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance shall be added to the Obligations. The costs of the insurance may be more than the cost of insurance that Borrower and its Subsidiaries may be able to obtain on their own.

  • Inspection of Collateral Lender and Lender's designated representatives and agents shall have the right at all reasonable times to examine and inspect the Collateral wherever located.

  • Application of Collateral The proceeds of any sale, or other realization (other than that received from a sale or other realization permitted by the Credit Agreement) upon all or any part of the Pledged Collateral pledged by the Pledgors shall be applied by the Secured Party as set forth in Section 7.06 of the Credit Agreement.

  • Purchase of Collateral Credit bid and purchase all or any portion of the Collateral at any public sale. Any deficiency that exists after disposition of the Collateral as provided above will be paid immediately by Borrower.

  • Substitution of Collateral A Fund may substitute securities for any securities identified as Collateral by delivery to the Custodian of a Pledge Certificate executed by such Fund on behalf of the applicable Portfolio, indicating the securities pledged as Collateral.

  • Possession of Collateral Agent and Secured Parties appoint each Lender as agent (for the benefit of Secured Parties) for the purpose of perfecting Liens in any Collateral held or controlled by such Lender, to the extent such Liens are perfected by possession or control. If any Lender obtains possession or control of any Collateral, it shall notify Agent thereof and, promptly upon Agent’s request, deliver such Collateral to Agent or otherwise deal with it in accordance with Agent’s instructions.

  • Maintenance of Collateral Accounts Maintain any Collateral Account except pursuant to the terms of Section 6.6(b) hereof.

  • Possession and Use of Collateral Subject to the provisions of the Security Documents, the Issuer and the Guarantors shall have the right to remain in possession and retain exclusive control of and to exercise all rights with respect to the Collateral (other than monies or U.S. government obligations deposited pursuant to Article VIII, and other than as set forth in the Security Documents and this Indenture), to operate, manage, develop, lease, use, consume and enjoy the Collateral (other than monies and U.S. government obligations deposited pursuant to Article VIII and other than as set forth in the Security Documents and this Indenture), to alter or repair any Collateral so long as such alterations and repairs do not impair the creation or perfection of the Lien of the Security Documents thereon, and to collect, receive, use, invest and dispose of the reversions, remainders, interest, rents, lease payments, issues, profits, revenues, proceeds and other income thereof.

  • Removal of Collateral Grantor shall keep the Collateral (or to the extent the Collateral consists of intangible property such as accounts, the records concerning the Collateral) at Grantor's address shown above, or at such other locations as are acceptable to Lender. Except in the ordinary course of its business, including the sales of inventory, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender. To the extent that the Collateral consists of vehicles, or other titled property, Grantor shall not take or permit any action which would require application for certificates of title for the vehicles outside the State of California, without the prior written consent of Lender.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!