Additional Items to Be Delivered Clause Samples
The 'ADDITIONAL ITEMS TO BE DELIVERED' clause specifies any extra materials, documents, or goods that must be provided by one party to the other in addition to the main deliverables outlined in the agreement. This may include items such as user manuals, certificates of authenticity, maintenance records, or other supporting documentation necessary for the use or transfer of the primary deliverables. By clearly listing these additional items, the clause ensures that all parties have a mutual understanding of the full scope of what must be delivered, thereby preventing disputes or misunderstandings regarding the completeness of the transaction.
Additional Items to Be Delivered. (a) Borrower hereby agrees that, in addition to all other terms, conditions and provisions set forth in the other Financing Agreements, Borrower shall deliver or cause to be delivered to Agent, the following items, each in form and substance satisfactory to Agent, as soon as possible, but in any event, by no later than November 30, 1999:
(i) Agent shall receive, all other consents, waiver, acknowledgments, releases, terminations and other agreements, documents from third parties which Agent may deem necessary or desirable in order to permit, protect and perfect security interests in and liens upon the Collateral consisting of the Ridge Top Assets or to effect the provisions or purposes of this consent or the other Financing Agreements; PROVIDED, THAT, the foregoing shall not include the consents of lessors of the Ridge Top Real Property to the Ridge Top Mortgages;
(ii) Agent shall have received evidence that the Agent has a valid perfected first priority security interest in all of the Collateral consisting of the Ridge Top Assets;
(iii) Agent shall have received written reports or appraisals of any or all of the Ridge Top Assets constituting Equipment, in form, scope and methodology acceptable to Agent, by an appraiser acceptable to Agent, addressed to Agent and on which Agent is expressly permitted to rely including, the Caterpillar Model 5230 Hydraulic Shovel, S/N 77LL00022 and the 3516 Diesel Engine S/N 2PK00503;
(iv) Agent shall have received the Ridge Top Mortgages, in each case as duly authorized, executed and delivered by Borrower; and
(v) Agent shall have received UCC-1 financing statements or UCC-3 amendments with respect to UCC-1 financing statements by and between Agent, as secured party and Borrower, as debtor with respect to the Ridge Top Assets consisting of fixtures and minerals for filing in the appropriate government recording offices, as determined by Agent, in each case as duly authorized, executed and delivered by Borrower.
(b) Borrower hereby agrees that, in addition to all other terms, conditions and provisions set forth in the other Financing Agreements, Borrower shall deliver or cause to be delivered to Agent, written reports or appraisals of any or all of the Ridge Top Assets constituting Collateral (other than Equipment) located on or under the Ridge Top Real Property in form, scope and methodology acceptable to Agent, by an appraiser acceptable to Agent, addressed to Agent and on which Agent is expressly permitted to rely, as so...
Additional Items to Be Delivered. Each Borrower hereby agrees that, in addition to all other terms, conditions and provisions set forth in the other Financing Agreements, Borrowers shall deliver or cause to be delivered to Lender, the following items, each in form and substance satisfactory to Lender, as soon as possible, but in any event, by the date referred to below with respect to each such item:
(a) on or before October 31, 1998, Collateral Access Agreements with respect to any of the premises of Doe Run at locations acquired pursuant to the ASARCO Purchase Agreements, in each case, duly executed and delivered by the owner and lessor of such premises;
(b) on or before October 31, 1998, agreements in writing, from each consignee, processor or other third party in possession of any Inventory or other Collateral acquired pursuant to the ASARCO Purchase Agreements and pursuant to which such consignee, processor or other third party acknowledges the first priority lien of Lender on Inventory of Doe Run in the possession of such consignee, processor or other third person, agrees to waive any and all claims such person may at any time have against such Inventory, and agrees to permit Lender access to, and the right to remain on, the premises of the customer so as to exercise Lender's rights and remedies and otherwise deal with the Collateral, in each case as duly authorized, executed and delivered by each of such persons and Doe Run;
(c) on or before October, 31, 1998, UCC-1 financing statements between Doe Run, as secured party/consignor and each person who has possession of any Inventory or other assets of Doe Run (other than the Senior Secured Note Collateral), as debtor/consignee, indicating Lender, as assignee, for filing in the appropriate government recording offices, as determined by Lender, in each case as duly authorized, executed and delivered by Doe Run and each of such persons;
(d) on or before October 31, 1998, UCC, Federal and State tax lien and judgment lien searches against Seller in the jurisdictions in which any of the ASARCO Purchased Assets are located; and
(e) on or before October 31, 1998, UCC-1 financing statements between Congress, as secured party and Doe Run, as debtor with respect to the Collateral for filing in the appropriate government recording offices, as determined by Lender, in each case as duly authorized, executed and delivered by Doe Run.
Additional Items to Be Delivered. Borrowers and One Price VI hereby agree that, in addition to all other terms, conditions and provisions set forth in the other Financing Agreements, Borrowers and One Price VI shall deliver or cause to be delivered to Lender, in form and substance satisfactory to Lender, as soon as possible, but in any event, by no later than May 16, 2003, the original opinion letter from in-house counsel to Borrower with respect to the execution, perfection and enforcement of the pledge of all of the shares of the capital stock of One Price PR and One Price VI pursuant to the Pledge and Security Agreement, dated as of April 22, 2003, by One Price in favor of Lender.
Additional Items to Be Delivered. Borrowers, Guarantors and New Guarantors hereby agree that, in addition to all other terms, conditions and provisions set forth in the other Financing Agreements, Borrowers, Guarantors and New Guarantors shall deliver or cause to be delivered to Lender, true, correct and complete copies of the following items, each in form and substance satisfactory to Lender, as duly authorized executed and delivered by the parties thereto, by the date referred to below with respect to each such item:
(a) within two (2) Business Days of the effective date of the Bayshore Conversion, (i) the Bayshore Conversion Documents, (ii) a Certificate of Limited Partners' Resolutions evidencing the adoption and subsistence of partners' resolutions approving the execution, delivery and performance by Bayshore L.P. of the agreements, documents and instruments described herein and (iii) such other further agreements, documents and instruments as Lender may reasonably request.
(b) within three (3) Business Days of the effective date of this Amendment No. 3, a Pledge and Security Agreement by Bayshore GP LLC and Bayshore LP LLC in favor of Lender with respect to all of the partnership interests of Bayshore Industrial, L.P.
(c) within three (3) Business Days Lender shall have received (i) a Guarantee by the New Guarantors in favor of Lender with respect to the Obligations of Polymers North America to Lender (the "Polymers North America Guarantee") and (ii) a Guarantee by the New Guarantors in favor of Lender with respect to the Obligations of Bayshore L.P. to Lender (the "Bayshore L.P. Guarantee", and together with the Polymers North America Guarantee, collectively, the "New Guarantees").
Additional Items to Be Delivered. (a) Borrower hereby agrees that, in addition to all other terms, conditions and provisions set forth in the Financing Agreements, Borrower shall use its best efforts (without the payment of money) to deliver Collateral Access Agreements with respect to any of the premises of Borrower acquired, leased or subleased pursuant to the Colonial Purchase Agreements, in each case, duly executed and delivered by the owner, lessor or sublessor of such premises other than the Colonial Companies.
(b) Borrower hereby agrees that, in addition to all other terms, conditions of the Financing Agreements, on or before February 26, 1999, deliver to Agent UCC-3 termination statements for each of the UCC-1 financing statements, filed of record, by and between each of the parties set forth on Exhibit D, as secured party, and the Colonial Companies, as debtor, duly authorized, executed and delivered by such secured parties.
Additional Items to Be Delivered. (1) Borrower hereby agrees that, in addition to all other terms, conditions and provisions set forth in the other Financing Agreements, Borrower shall deliver or cause to be delivered to Lender, the following items, each in form and substance satisfactory to Lender, as soon as possible, but in any event, by no later than January 1, 2000:
(i) true, correct and complete copies of all of the GM Agreements, each duly authorized, executed and delivered by GM and Borrower and evidence that the transactions to be performed by the date of such delivery under each of the GM Agreements have been performed in accordance with the terms thereof in all respects, including the fulfillment (not merely the waiver, except as have been disclosed to Lender and consented to in writing by Lender) of all conditions precedent set forth therein; and
(ii) evidence that all actions and proceedings required to be performed by the date of such delivery under the GM Agreements, applicable law or regulation have been taken and the transactions contemplated thereunder have been duly and validly consummated.
Additional Items to Be Delivered. Borrowers agree that, in addition to all other terms, conditions and provisions set forth in the other Financing Agreements, Borrowers shall deliver or cause to be delivered to Lender, the following, in form and substance satisfactory to Lender and Participant, as soon as possible, but in any event, by no later than the dates listed below:
(a) within twenty-one (21) days of the date hereof, projections for Borrowers for the period through June 30, 2004 which show the impact of the Third Supplemental Loan and which are in the form of the projections previously provided by Borrowers to Lender, and
(b) by the later of: (i) December 5, 2003 or (ii) twenty (20) days after receipt by Borrowers of an initial draft of the following, an Amended and Restated Loan and Security Agreement by and among Borrowers, One Price VI, certain financial institutions (including without limitation, Lender, Enhanced Retail Funding LLC, in its capacity as a lender with respect to the Second Supplemental Loans and an affiliate of Sun Capital (acceptable to Lender), in its capacity as a lender with respect to the Third Supplemental Loan) and Congress Financial Corporation in its capacity as agent for the above lenders and such other amended and restated Financing Agreements or related deliveries as Lender may request.
Additional Items to Be Delivered. In addition to all other terms, conditions and provisions set forth in the other Financing Agreements, as soon as possible, but in any event, by no later than December 15, 2001, Borrower shall deliver or cause to be delivered to Agent, each in form and substance reasonably satisfactory to Agent, (a) original Deposit Account Control Agreements in favor of Agent with respect to Borrower's and each Guarantor's deposit accounts listed on Exhibit B hereto, each duly authorized, executed and delivered by Borrower or such Guarantor (as applicable), and the financial institution which maintains such deposit account for Borrower or such Guarantor, and (b) true, correct and complete copies of the Ford Loan Documents duly authorized, executed and delivered by each Guarantor.
Additional Items to Be Delivered. Borrowers agree that, in addition to all other terms, conditions and provisions set forth in the other Financing Agreements, Borrowers shall deliver or cause to be delivered to Lender, the following, in form and substance satisfactory to Lender, as soon as possible, but in any event, by no later than the dates listed below:
(a) by July 1, 2003, the original Amendment to the Second ERF Letter of Credit which extends the expiry date thereof to July 15, 2005;
(b) by July 11, 2003, a field review of the Records and such other information with respect to the Collateral as Lender may require to determine the amount of Loans available to Borrower (including, without limitation, roll-forwards of Accounts and Inventory through the date of such field examination, together with such supporting documentation as may be necessary or appropriate, and other documents and information that will enable Lender to accurately identify and verify the Collateral), the results of which in each case shall be satisfactory to Lender,
(c) by July 31, 2003, an original written acknowledgment of Carolina Bank, as duly authorized, executed and delivered by Carolina Bank, in form and substance satisfactory to Lender, acknowledging this Amendment, and
(d) by August 31, 2003, an Amended and Restated Loan and Security Agreement by and among Borrowers, One Price VI and Lender and such other amended and restated Financing Agreements or related deliveries as Lender may request.
Additional Items to Be Delivered. Each Borrower and Guarantor hereby agrees that, in addition to all other terms, conditions and provisions set forth in the other Financing Agreements, Borrowers and Guarantors shall deliver or cause to be delivered to Lender, in form and substance satisfactory to Lender, as soon as possible, but in any event by no later than (a) October 31, 2004, a written description of any potential tax liability under the Federal Republic of Germany and the Republic of South Africa as a result of the loans and any payments made with respect thereto under Section 9.10(u) of the Loan Agreement, and (b) December 31, 2004, (i) true, correct and complete copies of the Articles of Association of Safety South Africa, (ii) Safety SA Shareholders' Agreement, and (iii) the Subordination Agreement, duly authorized, executed and delivered by Safety South Africa in favor Lender.