Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 39 contracts
Samples: Credit Agreement (Sportsman's Warehouse Holdings, Inc.), Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ’ security interest in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 24 contracts
Samples: Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 24 contracts
Samples: Abl Term Loan Credit Agreement (Sportsman's Warehouse Holdings, Inc.), Credit Agreement (Lovesac Co), Credit Agreement (Foot Locker, Inc.)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ’ security interest in assets which, in accordance with Article 9 of the UCC or any under other applicable Law of the United States can law, as applicable may be perfected only by possession. Should any Lender (other than the AgentsCollateral Agent) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, Collateral Agent thereof and, promptly upon the Collateral Agent’s request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 19 contracts
Samples: Term Loan Credit Agreement (ProFrac Holding Corp.), Credit Agreement (ProFrac Holding Corp.), Term Loan Credit Agreement (ProFrac Holding Corp.)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ’ security interest in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsCollateral Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Collateral Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 11 contracts
Samples: Credit Agreement (Independence Contract Drilling, Inc.), Credit Agreement (Independence Contract Drilling, Inc.), Revolving Credit Agreement (Joe's Jeans Inc.)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possessionpossession or control. Should any Lender (other than the Agents) obtain possession or control of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 11 contracts
Samples: Asset Based Revolving Credit Agreement (Nextier Oilfield Solutions Inc.), Asset Based Revolving Credit Agreement (King Merger Sub II LLC), Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Applicable Law of the United States of America can be perfected only by possession. Should any Lender (other than the Agentsan Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Administrative Agent thereof, and, promptly upon the Collateral Administrative Agent’s request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 9 contracts
Samples: Credit Agreement (American Apparel, Inc), Superpriority Debtor in Possession Credit Agreement (Great Atlantic & Pacific Tea Co Inc), Credit Agreement (Great Atlantic & Pacific Tea Co Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 9 contracts
Samples: Credit Agreement (Childrens Place Retail Stores Inc), Credit Agreement (Rue21, Inc.), Credit Agreement (Cost Plus Inc/Ca/)
Agency for Perfection. Each Lender hereby appoints each other Lender Agent as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ’ security interest in assets Collateral which, in accordance with Article 9 of the UCC or in any other applicable Law of the United States jurisdiction, can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall hold such Collateral for purposes of perfecting a security interest therein for the benefit of the Lenders, notify the Agents thereof, Agent thereof and, promptly upon the Collateral Agent’s request therefor shall therefor, deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral act in respect thereof in accordance with the Collateral Agent’s instructions.
Appears in 9 contracts
Samples: Loan and Security Agreement (Katapult Holdings, Inc.), Loan and Security Agreement (Katapult Holdings, Inc.), Loan and Security Agreement (Katapult Holdings, Inc.)
Agency for Perfection. Each Lender Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 9 contracts
Samples: Loan and Security Agreement (Unified Grocers, Inc.), Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (Unified Grocers, Inc.)
Agency for Perfection. Each Lender hereby appoints each other Lender Agent as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ' security interest in assets Collateral which, in accordance with Article 9 of the UCC or in any other applicable Law of the United States jurisdiction, can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 9 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (Trover Solutions Inc), Revolving Credit, Term Loan, and Security Agreement (Advanced Nutraceuticals Inc/Tx), Revolving Credit, Term Loan and Security Agreement (America Service Group Inc /De)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Liens for the benefit of the Agents and the Lenders, Lender Group in assets which, in accordance with Article Division 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 8 contracts
Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc), Loan and Security Agreement (Franks Nursery & Crafts Inc), Loan and Security Agreement (Samuels Jewelers Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ’ security interest in assets which, in accordance with Article 9 of the UCC or any the PPSA or under other applicable Law of the United States can law, as applicable, may be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 7 contracts
Samples: Credit Agreement (Herc Holdings Inc), Credit Agreement (Herc Holdings Inc), Credit Agreement (United Rentals North America Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 7 contracts
Samples: Credit Agreement (Hamilton Beach Brands Holding Co), Credit Agreement (Tops Holding Ii Corp), Credit Agreement (Sportsman's Warehouse Holdings, Inc.)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ’ security interest in assets which, in accordance with Article 9 of the UCC or any under other applicable Law of the United States can law, as applicable may be perfected only by possession. Should any Lender (other than the AgentsCollateral Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Collateral Agent thereof, and, promptly upon the Collateral Agent’s request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 7 contracts
Samples: Credit Agreement (ProPetro Holding Corp.), Restatement Agreement (ProPetro Holding Corp.), Credit Agreement (Nesco Holdings, Inc.)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possessionpossession or control. Should any Lender (other than the AgentsAgent) obtain possession or control of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 7 contracts
Samples: Term Loan Credit Agreement (Kirkland's, Inc), Credit Agreement (Kirkland's, Inc), Credit Agreement (Kirkland's, Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 6 contracts
Samples: Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, Lenders in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States States, can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 6 contracts
Samples: Second Lien Credit and Security Agreement (Katy Industries Inc), Second Lien Credit and Security Agreement (Katy Industries Inc), Credit Agreement (Cache Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender Agent as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ’ security interest in assets Collateral which, in accordance with Article 9 of the UCC or in any other applicable Law of the United States jurisdiction, can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall hold such Collateral for purposes of perfecting a security interest therein for the benefit of Lenders, notify the Agents thereof, Agent thereof and, promptly upon the Collateral Agent’s request therefor shall therefor, deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral act in respect thereof in accordance with the Collateral Agent’s instructions.
Appears in 5 contracts
Samples: Loan and Security Agreement (Harvest Capital Credit Corp), Loan and Security Agreement (Harvest Capital Credit Corp), Loan and Security Agreement (Harvest Capital Credit Corp)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Applicable Law of the United States of America or Canada can be perfected only by possession. Should any Lender (other than the Agentsan Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Administrative Agent thereof, and, promptly upon the Collateral Administrative Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 5 contracts
Samples: Senior Secured, Super Priority Debtor in Possession Credit Agreement (Pier 1 Imports Inc/De), Credit Agreement (Pier 1 Imports Inc/De), Credit Agreement (Pier 1 Imports Inc/De)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC UCC, with the PPSA or with any other applicable Law of the United States or Canada can be perfected only by possessionpossession or control. Should any Lender (other than the AgentsAgent) obtain possession or control of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 4 contracts
Samples: Credit Agreement (Rh), Credit Agreement (Rh), Credit Agreement (Restoration Hardware Holdings Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender Agent as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ’ security interest in assets Collateral which, in accordance with Article 9 of the UCC or in any other applicable Law of the United States jurisdiction, can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall hold such Collateral for purposes of perfecting a security interest therein for the benefit of Lenders, notify the Agents thereof, Agent thereof and, promptly upon the Collateral Agent’s written request therefor shall therefor, deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral act in respect thereof in accordance with the Collateral Agent’s instructions.
Appears in 4 contracts
Samples: Loan and Security Agreement (Bluegreen Vacations Holding Corp), Loan and Security Agreement, Loan and Security Agreement (Bluegreen Vacations Corp)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens the security interests in and liens upon the Collateral of Agent for itself and the ratable benefit of the Agents and the Lenders, Lenders in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 4 contracts
Samples: Loan and Security Agreement (Pc Mall Inc), Loan and Security Agreement (Huffy Corp), Loan and Security Agreement (Rockford Corp)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 4 contracts
Samples: Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Foot Locker, Inc.)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting Agent's Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 IX of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 4 contracts
Samples: Loan and Security Agreement (Tropical Sportswear International Corp), Credit Agreement (Unova Inc), Loan and Security Agreement (Tropical Sportswear International Corp)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ’ security interest in assets which, in accordance with Article 9 of the UCC or any the PPSA or under other applicable Law of the United States can law, as applicable may be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 4 contracts
Samples: Credit Agreement (United Rentals North America Inc), Credit Agreement (United Rentals Inc /De), Credit Agreement (United Rentals North America Inc)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Liens for the benefit of the Agents and the Lenders, Lender Group in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 3 contracts
Samples: Loan and Security Agreement (Leslies Poolmart Inc), Letter of Credit Agreement (Childrens Place Retail Stores Inc), Loan and Security Agreement (Childrens Place Retail Stores Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ’ security interest in assets which, in accordance with Article 9 of the UCC or any the applicable provisions of the PPSA or other applicable Law of the United States law can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 3 contracts
Samples: Credit Agreement (Salton Inc), Term Loan Agreement (Salton Inc), Credit Agreement (Applica Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law law of the United States can be perfected only by possession. Should any Lender (other than the AgentsCollateral Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Collateral Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 3 contracts
Samples: Asset Based Term Loan Agreement (Express, Inc.), Asset Based Term Loan Agreement (Express, Inc.), Asset Based Term Loan Agreement (Express, Inc.)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 3 contracts
Samples: Credit Agreement (Duckwall Alco Stores Inc), Credit Agreement (Duckwall Alco Stores Inc), Credit Agreement (Duckwall Alco Stores Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC UCC, the PPSA or any other applicable Applicable Law of the United States or any other jurisdiction can be perfected only by possessionpossession or control. Should any Lender (other than the AgentsAgent) obtain possession or control of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 3 contracts
Samples: Credit Agreement (Genesco Inc), Credit Agreement (Genesco Inc), Credit Agreement (Genesco Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ' security interest in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsCollateral Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Collateral Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 3 contracts
Samples: Loan and Security Agreement (KMC Telecom Holdings Inc), Loan and Security Agreement (KMC Telecom Holdings Inc), Loan and Security Agreement (KMC Telecom Holdings Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent agent, for the benefit of Agent, Lenders and LC Issuer, for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets Loan Collateral which, in accordance with Article 9 of the UCC or in any other applicable Law of the United States jurisdiction, can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Loan Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor therefor, shall deliver such Loan Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 2 contracts
Samples: Credit Agreement (Industrial Services of America Inc /Fl), Credit Agreement (Industrial Services of America Inc /Fl)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens Liens, for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Requirement of Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 2 contracts
Samples: Credit Agreement (Texas Petrochemical Holdings Inc), Credit Agreement (Daisytek International Corporation /De/)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ' security interest in assets which, in accordance with Article 9 of the UCC or any other the applicable Law provision of the United States PPSA can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Strategic Distribution Inc), Loan and Security Agreement (Strategic Distribution Inc)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens the security interests in and liens upon the Collateral of Agent for itself and the ratable benefit of the Agents and the Lenders, Lenders in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Industrial Fuels Minerals Co), Loan and Security Agreement (Edison Brothers Stores Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 2 contracts
Samples: Credit Agreement (Syms Corp), Credit Agreement (Syms Corp)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ' security interest in assets which, in accordance with Article 9 of the UCC or any other the applicable Law provision of the United States PPSA, can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, Pledged Collateral or Guarantor Collateral such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral, Pledged Collateral or Guarantor Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 2 contracts
Samples: Term Loan and Security Agreement (LDM Technologies Inc), Term Loan and Security Agreement (LDM Technologies Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possessionpossession or control. Should any Lender (other than the AgentsCollateral Agent) obtain possession or control of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 2 contracts
Samples: Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.), Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens the security interests in and liens upon the Collateral of Agent for itself and the ratable benefit of the Agents and the Lenders, Lenders in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Pc Mall Inc), Loan and Security Agreement (Bell Microproducts Inc)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Agent's Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 2 contracts
Samples: Loan Agreement (Unova Inc), Loan Agreement (Unitrin Inc)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens the security interests in and liens upon the Collateral of Agent for itself and the ratable benefit of the Agents and the Lenders, Lenders in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States UCC, can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Salant Corp), Revolving Credit and Security Agreement (Salant Corp)
Agency for Perfection. Each Lender hereby appoints Agent and each --------------------- other Lender as agent for the purpose of perfecting Agent's Liens for the benefit of the Agents and the Lenders, ' security interest in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States UCC, can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, Agent thereof and, promptly upon the Collateral Agent’s 's request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Pac-West Telecomm Inc), Loan and Security Agreement (Pac-West Telecomm Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the LendersSecured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable Law law or regulation of the United States can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (American Outdoor Brands, Inc.), Loan and Security Agreement (American Outdoor Brands, Inc.)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Liens for the benefit of the Agents and the Lenders, Lender Group in assets which, in accordance with Article Division 9 of the UCC or any other applicable Law of the United States UCC, can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, Agent thereof and, promptly upon the Collateral Agent’s 's request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Todays Man Inc), Loan and Security Agreement (Todays Man Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ' security interest in assets which, in accordance with Article 9 of the UCC or any other the applicable Law provision of the United States PPSA, can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, Pledged Collateral or Guarantor Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral, Pledged Collateral or Guarantor Collateral, to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (LDM Technologies Co), Loan and Security Agreement (LDM Technologies Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC UCC, or with any other applicable Law of the United States can be perfected only by possessionpossession or control. Should any Lender (other than the Agents) obtain possession or control of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 2 contracts
Samples: Credit Agreement (Rh), Credit Agreement (Rh)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possessionpossession or control. Should any Lender (other than the AgentsAgent) obtain possession or control of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 2 contracts
Samples: Credit Agreement (Dicks Sporting Goods Inc), Credit Agreement (Dicks Sporting Goods Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions..
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens Liens, for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Requirement of Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other --------------------- Lender as agent for the purpose of perfecting Liens Liens, for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Requirement of Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other --------------------- Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ' security interest in assets which, in accordance with Article 9 of the UCC or any other the applicable Law provisions of the United States PPSA or Civil Code can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 1 contract
Samples: Credit Agreement (Mail Well Inc)
Agency for Perfection. Each U.S. Lender hereby appoints the Agent and each other U.S. Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the U.S. Lenders, ’ security interest in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any U.S. Lender (other than the AgentsAgent) obtain possession of any such Collateral, such U.S. Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Samples: Credit Agreement (Ann Inc.)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent, the Term Loan Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Applicable Law of the United States can be perfected only by possession. Should Term Loan Agent or any Lender (other than the AgentsAgent) obtain possession of any such Collateral, the Term Loan Agent or such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Samples: Credit Agreement (Alco Stores Inc)
Agency for Perfection. Each Lender hereby --------------------- appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ' security interest in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsCollateral Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Collateral Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, Lenders in assets which, in accordance with Article 9 of the UCC UCC, the PPSA or any other applicable Law of the United States Law, can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the LendersSecured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable Applicable Law of the United States or otherwise can be perfected only by possession. Should any Lender Secured Party (other than the AgentsAgent) obtain possession of any such Collateral, such Lender Secured Party shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent Agent, or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possessionpossession or control. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possessionpossession or control. Should any Lender (other than the AgentsAgent) obtain possession or control of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens Liens, for the benefit of the Agents and the Lenders, in assets whichthat, in accordance with Article Articles 8 or 9 of the UCC or any other applicable Requirements of Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsCollateral Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Collateral Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 1 contract
Samples: Credit Agreement (Friedmans Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ' security interest in assets which, in accordance with Article 9 of the UCC or any other applicable Requirement of Law of the United States or any foreign jurisdiction can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 1 contract
Samples: Credit Agreement (Egl Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.. 9.13
Appears in 1 contract
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 1 contract
Samples: Credit Agreement (Casper Sleep Inc.)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, Lenders in assets which, in accordance with Article 9 of the UCC or any other applicable Applicable Law of the United States States, can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens Liens, for the benefit of the Agents and the LendersSecured Parties, in assets which, in accordance with Article 9 of the UCC or any other applicable Applicable Law of the United States of America or otherwise can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s Agents’ request therefor shall deliver such Collateral to the Collateral Agent Agents or otherwise deal with such Collateral in accordance with the Collateral Agent’s Agents’ instructions.
Appears in 1 contract
Samples: Fourth Amended and Restated Credit Agreement (Caleres Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.. 11238955v2211516251
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Applicable Law of the United States of America can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent, the Term Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States States, can be perfected only by possession. Should the Term Agent or any Lender (other than the AgentsAgent) obtain possession of any such Collateral, the Term Agent or such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens Liens, for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law Requirement of the United States Law, can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 1 contract
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Samples: Credit Agreement (KOHLS Corp)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ’ security interest in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsCollateral Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Collateral Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC UCC, the PPSA or any other applicable Applicable Law of the United States or any other jurisdiction can be perfected only by possessionpossession or control. Should any Lender (other than the AgentsAgent) obtain possession or control of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 1 contract
Samples: Credit Agreement (Genesco Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender Agent as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possessionpossession or control. Should any Lender (other than the AgentsAgent) obtain possession or control of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Samples: Credit and Security Agreement (Altisource Residential Corp)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ’ security interest in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsCollateral Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Collateral Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall #33621191 deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Samples: Credit Agreement (Independence Contract Drilling, Inc.)
Agency for Perfection. Each Lender of Agent and Collateral Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents Collateral Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent, the Term Loan Agent, and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should the Term Loan Agent or any Lender (other than the AgentsAgent) obtain possession of any such Collateral, the Term Loan Agent or such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, Lenders in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States States, can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 1 contract
Samples: Credit Agreement (Bluefly Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States States, can be perfected only by possession. Should any Lender (other than the Agents) obtain possession of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Samples: Credit Agreement (Metropark Usa Inc)
Agency for Perfection. Each Lender hereby appoints --------------------- each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, ' security interest in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsCollateral Agent) obtain possession of any such Collateral, such Lender shall notify the Agents Collateral Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens Liens, for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law Requirement of the United States Law, can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Applicable Law of the United States of America can be perfected only by possession. Should any Lender (other than the Agentsan Agent) obtain possession of any such 116 Collateral, such Lender shall notify the Agents Administrative Agent thereof, and, promptly upon the Collateral Administrative Agent’s 's request therefor therefor, shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 1 contract
Samples: Credit Agreement (Great Atlantic & Pacific Tea Co Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possessionpossession or control. Should any Lender (other than the Agents) obtain possession or control of any such Collateral, such Lender shall notify the Agents thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as its agent for the purpose of perfecting Liens Liens, for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC UCC, the PPSA, the Civil Code, or any other applicable Law of the United States law can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Facility Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Facility Collateral to the Collateral Agent or otherwise deal with such Facility Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 1 contract
Samples: Credit Agreement (K2 Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States law can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Gerber Scientific Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States States, can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, Collateral such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting Liens for the benefit of the Agents Agent and the Lenders, in assets which, in accordance with Article 9 of the UCC or any other applicable Law of the United States can be perfected only by possession. Should any Lender (other than the AgentsAgent) obtain possession of any such Collateral, such Lender shall notify the Agents Agent thereof, and, promptly upon the Collateral Agent’s request therefor shall deliver such Collateral to the Collateral Agent or otherwise deal with such Collateral in accordance with the Collateral Agent’s 's instructions.
Appears in 1 contract
Samples: Credit Agreement (Tilly's, Inc.)
