Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 57 contracts
Samples: Credit Agreement (Sanfilippo John B & Son Inc), Credit Agreement (Sanfilippo John B & Son Inc), Loan and Security Agreement (Hercules Capital, Inc.)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 43 contracts
Samples: Credit Agreement (Jushi Holdings Inc.), Loan and Security Agreement (Expensify, Inc.), Loan and Security Agreement
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 30 contracts
Samples: Loan and Security Agreement (Harolds Stores Inc), Loan and Security Agreement (Ultimate Electronics Inc), Loan and Security Agreement (Silicon Graphics Inc /Ca/)
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 18 contracts
Samples: Credit Agreement (Sanfilippo John B & Son Inc), Loan and Security Agreement (Interdent Inc), Credit Agreement (Take Two Interactive Software Inc)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 17 contracts
Samples: Credit Agreement (Intapp, Inc.), Credit Agreement (USA Mobility, Inc), Credit Agreement (Powerwave Technologies Inc)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 17 contracts
Samples: Debt and Security Agreement, Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.), Loan Agreement (Gordmans Stores, Inc.)
Agency for Perfection. Agent Each Lender hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s Liens Lenders’ security interest in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code Code, can be perfected only by possession or controlpossession. Should any Lender (other than Agent) obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 10 contracts
Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)
Agency for Perfection. Agent Each Lender hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s Liens Lenders' security interest in assets Collateral which, in accordance with Article 8 or Article 9, as applicable, 9 of the Uniform Commercial Code in any applicable jurisdiction, can be perfected only by possession or controlpossession. Should any Lender (other than Agent) obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor therefor, shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 9 contracts
Samples: Loan and Security Agreement (Chief Auto Parts Inc), Loan and Security Agreement (Spincycle Inc), Loan and Security Agreement (Chief Auto Parts Inc)
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 9 contracts
Samples: Loan and Security Agreement (Aegis Communications Group Inc), Loan and Security Agreement (Phibro Animal Health Corp), Loan and Security Agreement (Midway Games Inc)
Agency for Perfection. Agent Each Lender hereby appoints the Agent and each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s Lenders' Liens in assets Collateral which, in accordance with Article 8 or Article 9, as applicable, 9 of the Uniform Commercial Code in any applicable jurisdiction or otherwise, can be perfected only by possession or controlpossession. Should any Lender (other than the Agent) obtain possession or control of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent’s 's request therefor therefor, shall deliver possession or control of such Collateral to the Agent or in accordance with the Agent’s 's instructions.
Appears in 8 contracts
Samples: Financing and Security Agreement (O Ray Holdings Inc), Business Loan and Security Agreement (Vse Corp), Loan and Security Agreement (Cahill Edward L)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 7 contracts
Samples: Credit Agreement (ECA Marcellus Trust I), Loan and Security Agreement (Acme Communications Inc), Loan and Security Agreement (Ultimate Electronics Inc)
Agency for Perfection. Agent Each Lender hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s Liens Lenders' security interest in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Uniform Commercial Code can be perfected only by possession or controlpossession. Should any Lender (other than the Agent) obtain possession or control of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent’s 's request therefor shall deliver possession or control of such Collateral to the Agent or in accordance with the Agent’s 's instructions.
Appears in 4 contracts
Samples: Loan and Security Agreement (Safety Components International Inc), Loan and Security Agreement (Tultex Corp), Loan and Security Agreement (Tultex Corp)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 4 contracts
Samples: Credit Agreement (Liberty Energy Inc.), Credit Agreement (Liberty Energy Inc.), Credit Agreement (Independence Contract Drilling, Inc.)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 4 contracts
Samples: Dip Credit Agreement (Storm Cat Energy CORP), Dip Credit Agreement (Foothills Resources Inc), Credit Agreement (Foothills Resources Inc)
Agency for Perfection. Agent and each Lender hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 3 contracts
Samples: Loan and Security Agreement (Guitar Center Inc), Loan and Security Agreement (Sholodge Inc), Loan and Security Agreement (Phonetel Technologies Inc)
Agency for Perfection. Agent Each Lender hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting Liens for the Agent’s Liens benefit of Agent and the Lenders, in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code or any applicable law can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or otherwise deal with such Collateral in accordance with Agent’s instructions.
Appears in 3 contracts
Samples: Revolving Credit Agreement, Revolving Credit Agreement (Blockbuster Inc), Revolving Credit Agreement
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 3 contracts
Samples: Loan and Security Agreement (Alpine Group Inc /De/), Loan and Security Agreement (Oakwood Homes Corp), Loan and Security Agreement (Nabi Biopharmaceuticals)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, of the Uniform Commercial Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 3 contracts
Samples: Loan and Security Agreement (FS Credit Real Estate Income Trust, Inc.), Loan and Security Agreement (FS Credit Real Estate Income Trust, Inc.), Loan and Security Agreement (FS Credit Real Estate Income Trust, Inc.)
Agency for Perfection. 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 in assets which, in accordance with Article Division 8 or Article Division 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 3 contracts
Samples: Credit Agreement (Emrise CORP), Second Lien Credit Agreement (Bakers Footwear Group Inc), Second Lien Credit Agreement (Bakers Footwear Group Inc)
Agency for Perfection. Agent hereby appoints each other member of the Lender Group as its agent (and each other member of the Lender Group hereby accepts such appointment) for the purpose of perfecting the Agent’s Liens in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or control. Should any other member of the Lender Group obtain possession or control of any such Collateral, such other member of the Lender Group shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 3 contracts
Samples: Loan and Security Agreement (West Marine Inc), Loan and Security Agreement (West Marine Inc), Loan and Security Agreement (West Marine Inc)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 3 contracts
Samples: Credit Agreement (Dixie Group Inc), Credit Agreement (Alaska Air Group Inc), Credit Agreement (Alaska Air Group Inc)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the applicable Uniform Commercial Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 3 contracts
Samples: Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code UCC can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Par Pacific Holdings, Inc.), First Lien Term Loan Facility Credit Agreement (Jakks Pacific Inc), Loan and Security Agreement (DT Acceptance Corp)
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets whichthat, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Penton Media Inc), Loan and Security Agreement (Us Home & Garden Inc)
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Lien of Agent’s Liens , for the benefit of Agent and Lenders, in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hercules Technology Growth Capital Inc), Loan and Security Agreement (Hercules Technology Growth Capital Inc)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code or the applicable provisions of the PPSA can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 2 contracts
Samples: Second Lien Seller Term Loan Credit Agreement (Forum Energy Technologies, Inc.), Second Lien Seller Term Loan Credit Agreement (Forum Energy Technologies, Inc.)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code New York Uniform Commercial Code, as in effect from time to time, can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 2 contracts
Samples: Credit Agreement (Kayne DL 2021, Inc.), Credit Agreement (Kayne Anderson BDC, Inc.)
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 2 contracts
Samples: Credit Agreement (Hudson Technologies Inc /Ny), Credit Agreement (Angiotech Pharmaceuticals Inc)
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) appoint each other as agent for the purpose of perfecting the Agent’s Liens of the Lender Group in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Fao Inc), Loan and Security Agreement (Right Start Inc /Ca)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateralcollateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral collateral to Agent or in accordance with Agent’s instructions.
Appears in 2 contracts
Samples: Revolving Credit Loan Agreement, Revolving Credit Loan Agreement (Harvard Bioscience Inc)
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Collateral Agent’s 's Liens in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify the Collateral Agent thereof, and, promptly upon the Collateral Agent’s 's request therefor shall deliver possession or control of such Collateral to the Collateral Agent or in accordance with the Collateral Agent’s 's instructions.
Appears in 1 contract
Agency for Perfection. Agent Agents hereby appoints appoint each other Lender as its agent (and each such Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s Liens in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent Agents thereof, and, promptly upon Agent’s Agents’ request therefor shall deliver possession or control of such Collateral to Agent Agents or in accordance with Agent’s Agents’ instructions.
Appears in 1 contract
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.or
Appears in 1 contract
Agency for Perfection. Agent Each Lender hereby appoints the Agent and each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s Lenders’ Liens in assets Collateral which, in accordance with Article 8 or Article 9, as applicable, 9 of the Uniform Commercial Code in any applicable jurisdiction or otherwise, can be perfected only by possession or controlpossession. Should any Lender (other than the Agent) obtain possession or control of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent’s request therefor therefor, shall deliver possession or control of such Collateral to the Agent or in accordance with the Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of 121 the Code can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Abraxas Petroleum Corp)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.. BN 0000000x0
Appears in 1 contract
Samples: Credit Agreement (Teltronics Inc)
Agency for Perfection. Agent and each Lender hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s Liens of Lender Group in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code Code, can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor therefor, shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (General Datacomm Industries Inc)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor therefor, shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Mercator Software Inc)
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Lien of Agent’s Liens , for the benefit of Agent and Lenders, in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code UCC can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Hercules Technology Growth Capital Inc)
Agency for Perfection. Agent Each Lender hereby appoints the Agent and each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s Lenders' Liens in assets Collateral which, in accordance with Article 8 or Article 9, as applicable, 9 of the Uniform Commercial Code in any applicable jurisdiction or otherwise, can be perfected only by possession or controlpossession. Should any Lender (other than the Agent) obtain possession or control of any such Collateral, such Lender shall notify the Agent thereof, and, . promptly upon the Agent’s 's request therefor therefor, shall deliver possession or control of such Collateral to the Agent or in accordance with the Agent’s 's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Environmental Safeguards Inc/Tx)
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby such Lxxxxx xxxxxx accepts such appointment) for the purpose of perfecting the Agent’s Liens in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Agent hereby appoints each other Lender Purchaser as its agent (and each Lender Purchaser hereby accepts such appointment) for the purpose of perfecting the Agent’s Liens Lien in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender Purchaser obtain possession or control of any such Collateral, such Lender Purchaser shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructionsinstructions from the Required Purchasers.
Appears in 1 contract
Samples: Securities Purchase Agreement (Relationserve Media Inc)
Agency for Perfection. 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 of the Collateral Agent and Agent in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify the Collateral Agent and Agent thereof, and, promptly upon Agent’s the request of the Collateral Agent or Agent therefor shall deliver possession or control of such Collateral to the Collateral Agent or Agent, as appropriate, or in accordance with the instructions of the Collateral Agent or Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Agent hereby appoints each other Lender as --------------------- its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets Collateral which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Friede Goldman Halter Inc)
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code or similar provisions of applicable foreign statutes can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 1 contract
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 1 contract
Samples: Debtor in Possession Credit Agreement (TXCO Resources Inc)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s Liens of Lender Group in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code Code, can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Administrative Agent thereof, and, promptly upon Administrative Agent’s 's request therefor therefor, shall deliver possession or control of such Collateral to Administrative Agent or in accordance with Administrative Agent’s 's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Icf Kaiser International Inc)
Agency for Perfection. Agent hereby appoints each other Lender as --------------------- its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 1 contract
Agency for Perfection. Agent hereby appoints Term Agent and each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s Liens in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or control. Should any Lender or Term Agent obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.)
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor therefor, shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Outsourcing Services Group Inc)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or controlLEGAL_US_W # 62188650.14 possession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Peninsula Gaming, LLC)
Agency for Perfection. 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 in assets which, in accordance with Article 8 8 or Article 99, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 1 contract
Samples: Credit Agreement (Pernix Therapeutics Holdings, Inc.)
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby such Xxxxxx xxxxxx accepts such appointment) for the purpose of perfecting the Agent’s Liens in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.. LEGAL*65859792.17
Appears in 1 contract
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby such Xxxxxx xxxxxx accepts such appointment) for the purpose of perfecting the Agent’s Liens in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 1 contract
Agency for Perfection. Agent Agents hereby appoints appoint each other Lender as its agent (and each Lender hereby such Lxxxxx xxxxxx accepts such appointment) for the purpose of perfecting the Agent’s Liens in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent Agents thereof, and, promptly upon Agent’s Agents’ request therefor shall deliver possession or control of such Collateral to Agent Agents or in accordance with Agent’s Agents’ instructions.
Appears in 1 contract
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, of the Uniform Commercial Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Empeiria Acquisition Corp)
Agency for Perfection. Agent hereby appoints each other Lender as its agent Agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s Liens in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (AFC Gamma, Inc.)
Agency for Perfection. Agent Each Lender hereby appoints Agent and each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s Lenders’ Liens in assets Collateral which, in accordance with Article 8 or Article 9, as applicable, 9 of the Uniform Commercial Code in any applicable jurisdiction or otherwise, can be perfected only by possession or controlpossession. Should any Lender (other than Agent) obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor therefore, shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Sunrise Senior Living Inc)
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify 122846886v7 Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 1 contract
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets which, in accordance with Article 8 or Article 9, as applicable, of the Code applicable personal property security legislation can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Titan Global Holdings, Inc.)
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code Code, can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor therefor, shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (General Datacomm Industries Inc)
Agency for Perfection. 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 in assets which, in accordance with Article 8 or Article 9, as applicable, 9 of the Code can be perfected only by possession or controlpossession. Should any Lender obtain possession or control of any such CollateralCollateral or other collateral securing the Obligations, such Lender shall notify Agent thereof, and, promptly upon Agent’s request therefor shall deliver possession or control of such Collateral or other collateral securing the Obligations to Agent or in accordance with Agent’s instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Orbital Sciences Corp /De/)
Agency for Perfection. Agent hereby appoints each other Lender as its agent (and each Lender hereby accepts such appointment) for the purpose of perfecting the Agent’s 's Liens in assets which, in accordance with Article Division 8 or Article Division 9, as applicable, of the Code can be perfected only by possession or control. Should any Lender obtain possession or control of any such Collateral, such Lender shall notify Agent thereof, and, promptly upon Agent’s 's request therefor shall deliver possession or control of such Collateral to Agent or in accordance with Agent’s 's instructions.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Bakers Footwear Group Inc)