Common use of Additional Warranties Clause in Contracts

Additional Warranties. As of the time any account becomes subject to --------------------- the security interest (or pledge or assignment as applicable) granted hereby, Debtor shall be deemed further to have warranted as to each and all of such accounts as follows: (a) each account and all papers and documents relating thereto are genuine and in all respects what they purport to be; (b) each account is valid and subsisting and arises out of a bona fide sale of goods sold and delivered to, or out of and for services theretofore actually rendered by the Debtor to, the account debtor named in the account; (c) the amount of the account represented as owing is the correct amount actually and unconditionally owing except for normal cash discounts and is not subject to any setoffs, credits, defenses, deductions or countercharges; and (d) Debtor is the owner thereof free and clear of any charges, liens, security interests, adverse claims and encumbrances of any and every nature whatsoever other than Permitted Liens (as such term is defined in the Loan Agreement).

Appears in 3 contracts

Samples: Commercial Security Agreement (Visual Numerics Inc), Commercial Security Agreement (Visual Numerics Inc), Commercial Security Agreement (Visual Numerics Inc)

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Additional Warranties. As of the time any account becomes subject to --------------------- the security interest (or pledge or assignment as applicable) granted hereby, Debtor shall be deemed further to have warranted as to each and all of such accounts as follows: (a) each account and all papers and documents relating thereto are genuine and in all respects what they purport to be; (b) each account is valid and subsisting and arises out of a bona fide sale of goods sold and delivered to, or out of and for services theretofore actually rendered by the Debtor to, the account debtor named in the account; (c) the amount of the account represented as owing is is, to the best knowledge of Borrower, the correct amount actually and unconditionally owing except for normal cash discounts and is not subject to any setoffs, credits, defenses, deductions or countercharges; and (d) Debtor is the owner thereof free and clear of any charges, liens, security interests, adverse claims and encumbrances of any and every nature whatsoever other than Permitted Liens (as such term is defined in the Loan Agreement)whatsoever.

Appears in 1 contract

Samples: Commercial Security Agreement (Miller Petroleum Inc)

Additional Warranties. As of the time any account Account becomes subject to --------------------- the security interest (or pledge or assignment as applicable) granted hereby, Debtor shall be deemed further to have warranted as to each and all of such accounts Accounts as follows: (ai) each account Account and all papers and documents relating thereto are genuine and in all respects what they purport to be; (bii) each account Account is valid and subsisting and arises out of a bona fide sale of goods Goods sold and delivered to, or out of and is a loan made to or for services theretofore actually rendered by the Debtor to, the account Account debtor named in the accountAccount; (ciii) the amount of the account Account represented as owing is is, to the best knowledge of Debtor, the correct amount actually and unconditionally owing except for normal cash discounts and is not subject to any setoffs, credits, defenses, deductions or countercharges; and (div) Debtor is the owner thereof free and clear of any charges, liens, security interests, adverse claims and encumbrances of any and every nature whatsoever other than whatsoever, except for Permitted Liens (as such term is defined in the Loan Agreement)Liens.

Appears in 1 contract

Samples: Security Agreement (Mainland Resources Inc.)

Additional Warranties. As of the time any Debtor’s account becomes subject to --------------------- the security interest (or pledge or assignment as applicable) granted hereby, such Debtor shall be deemed further to have warranted as to each and all of such accounts as follows: follows (ai) each account and all papers and documents relating thereto are genuine and in all respects what they purport to be; (bii) each account is valid and subsisting and arises out of a bona fide sale of goods sold and delivered to, or out of and is a loan made to or for services theretofore actually rendered by the such Debtor to, the account debtor named in the account; (ciii) the amount of the account represented as owing is is, to the best knowledge of such Debtor, the correct amount actually and unconditionally owing except for normal cash discounts and is not subject to any setoffs, credits, defenses, deductions or countercharges; and (div) such Debtor is the owner thereof free and clear of any charges, liens, security interests, adverse claims and encumbrances of any and every nature whatsoever other than Permitted Liens (as such term is defined in the Loan Agreement)whatsoever.

Appears in 1 contract

Samples: Pledge and Security Agreement (HNR Acquisition Corp.)

Additional Warranties. As of the time any account becomes subject to --------------------- the security interest (or pledge or assignment as applicable) granted hereby, Debtor shall be deemed further to have warranted as to each such and all of such accounts as follows: : (a) each account and all papers and documents relating thereto are genuine and in all respects what they purport to be; (b) each account is valid and subsisting and arises out of a bona fide sale or lease of goods sold or leased and delivered to, or out of and for services theretofore therefore actually rendered by the Debtor to, the account debtor named in the account; (c) the amount of the account represented as owing is the correct amount actually and unconditionally owing owning except for normal cash discounts and is not subject to any setoffsset-offs, credits, defenses, deductions or countercharges; and (d) Debtor is the owner thereof free and clear of any charges, liens, security interests, adverse claims and encumbrances of any and every nature whatsoever other than Permitted Liens (as such term is defined in the Loan Agreement)whatsoever.

Appears in 1 contract

Samples: Loan Agreement (WORTHPOINT Corp)

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Additional Warranties. As of the time any account Account becomes subject to --------------------- the security interest (or pledge or assignment as applicable) granted hereby, Debtor shall be deemed further to have warranted as to each and all of such accounts Accounts as follows: : (ai) each account Account and all papers and documents relating thereto are genuine and in all respects what they purport to be; (bii) each account Account is valid and subsisting and arises out of a bona fide sale of goods sold and delivered to, or out of and for services theretofore actually rendered by the Debtor to, the account Account debtor named in the accountAccount; (ciii) the amount of the account Account represented as owing is the correct amount actually and unconditionally owing except for normal cash discounts and is not subject to any setoffs, credits, defenses, deductions or countercharges; and (div) Debtor is the owner thereof free and clear of any charges, liens, security interests, adverse claims and encumbrances of any and every nature whatsoever other than Permitted Liens (as such term is defined in the Loan Agreement)whatsoever.

Appears in 1 contract

Samples: Security Agreement (Vertex Energy Inc.)

Additional Warranties. As of the time any account becomes subject to --------------------- the security interest (or pledge or assignment as applicable) granted hereby, Debtor Debtors shall be deemed further to have warranted as to each and all of such accounts as follows: : (a) each account and all papers and documents relating thereto are genuine and in all respects what they purport to be; (b) each account is valid and subsisting and arises out of a bona fide sale or lease of goods sold or leased and delivered to, or out of and for services theretofore actually rendered by the Debtor Debtors to, the account debtor named in the account; (c) the amount of the account represented as owing is the correct amount actually and unconditionally owing except for normal cash discounts and is not subject to any setoffsset-offs, credits, defenses, deductions or countercharges; and (d) Debtor one or more Debtors is the owner thereof free and clear of any charges, liens, security interests, adverse claims and encumbrances of any and every nature whatsoever other than Permitted Liens (as such term is defined in the Loan Agreement)whatsoever.

Appears in 1 contract

Samples: Security Agreement (Stabilis Solutions, Inc.)

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