Common use of ADDITIONAL COVENANTS: RATIFICATION OF PERFECTION CERTIFICATE Clause in Contracts

ADDITIONAL COVENANTS: RATIFICATION OF PERFECTION CERTIFICATE. Borrower hereby certifies that, other than as disclosed in the Perfection Certificate (as defined below), no Collateral with a value greater than Fifty Thousand Dollars ($50,000) in the aggregate is in the possession of any third party bailee (such as at a warehouse). In the event that Borrower, after the date hereof, intends to store or otherwise deliver the Collateral with a value in excess of Fifty Thousand Dollars ($50,000) in the aggregate to such a bailee, then Borrower shall first receive, the prior written consent of Bank and such bailee must acknowledge in writing that the bailee is holding such Collateral for the benefit of Bank. Borrower hereby ratifies, confirms and reaffirms, all and singular, the terms and disclosures contained in that certain Perfection Certificate, dated as of March 31, 2011, as amended and restated by that certain Perfection Certificate dated as of the date hereof and attached hereto as Exhibit B (the “Perfection Certificate”, which Bank and Borrower hereby acknowledge shall be deemed to be the “Perfection Certificate” for all purposes under the Existing Loan Documents), and acknowledges, confirms and agrees the disclosures and information above Borrower provided to Bank in such Perfection Certificate remain true and correct in all material respects as of the date hereof.

Appears in 2 contracts

Samples: Loan Modification Agreement (Aspen Aerogels Inc), Loan Modification Agreement (Aspen Aerogels Inc)

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ADDITIONAL COVENANTS: RATIFICATION OF PERFECTION CERTIFICATE. Borrower hereby certifies that, other than as disclosed in the Perfection Certificate (as defined below), no Collateral with a value greater than Fifty Thousand Dollars ($50,000) in the aggregate is in the possession of any third party bailee (such as at a warehouse). In the event that Borrower, after the date hereof, intends to store or otherwise deliver the Collateral with a value in excess of Fifty Thousand Dollars ($50,000) in the aggregate to such a bailee, then Borrower shall first receive, the prior written consent of Bank and such bailee must acknowledge in writing that the bailee is holding such Collateral for the benefit of Bank. Borrower hereby ratifies, confirms and reaffirms, all and singular, the terms and disclosures contained in that certain Perfection Certificate, dated as of March 31, 2011, as amended and restated by that certain Perfection Certificate dated as of the date hereof and attached hereto as Exhibit B June 11, 2012 (the “Perfection Certificate”, which Bank and Borrower hereby acknowledge shall be deemed to be the “Perfection Certificate” for all purposes under the Existing Loan Documents), and acknowledges, confirms and agrees the disclosures and information above Borrower provided to Bank in such Perfection Certificate remain true and correct in all material respects as of the date hereof.

Appears in 2 contracts

Samples: Loan Modification Agreement (Aspen Aerogels Inc), Loan Modification Agreement (Aspen Aerogels Inc)

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ADDITIONAL COVENANTS: RATIFICATION OF PERFECTION CERTIFICATE. Borrower hereby certifies that, other than as disclosed in the Perfection Certificate (as defined below), no Collateral with a value greater than Fifty Thousand Dollars ($50,000) in the aggregate is in the possession of any third party bailee (such as at a warehouse). In the event that Borrower, after the date hereof, intends to store or otherwise deliver the Collateral with a value in excess of Fifty Thousand Dollars ($50,000) in the aggregate to such a bailee, then Borrower shall first receive, the prior written consent of Bank and such bailee must acknowledge in writing that the bailee is holding such Collateral for the benefit of Bank. Borrower hereby ratifies, confirms and reaffirms, all and singular, the terms and disclosures contained in that certain Perfection Certificate, dated as of March 31, 2011, as amended and restated by that certain Perfection Certificate dated as of the date hereof and attached hereto as Exhibit B June 11, 2012 (the “Perfection Certificate”, which Bank and Borrower hereby acknowledge shall be deemed to be the “Perfection Certificate” for all purposes under the Existing Loan Documents), and acknowledges, confirms and agrees the disclosures and information above Borrower provided to Bank in such Perfection Certificate remain true and correct in all material respects as of the date hereofhereof (except that to the extent the such disclosure or information is expressly stated to have been made as of a specified date, such disclosure or information shall be true and correct as of such specified date).

Appears in 1 contract

Samples: Loan Modification Agreement (Aspen Aerogels Inc)

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