Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 42 contracts
Samples: Credit Agreement (Saks Inc), Credit Agreement (3com Corp), Credit Agreement (Maxxam 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 Lenders' security interest Agent's Liens in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 19 contracts
Samples: Loan and Security Agreement (En Pointe Technologies Inc), Loan and Security Agreement (Archibald Candy Corp), Loan and Security Agreement (Hudson Highland Group Inc)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest Agent's Liens in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 14 contracts
Samples: Loan and Security Agreement (Guitar Center Inc), Loan and Security Agreement (Employee Solutions Inc), Loan and Security Agreement (Network Plus Corp)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possessionpossession as of the Closing Date. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 6 contracts
Samples: Credit Agreement (Salton Inc), Support Agreement (Salton Inc), Credit Agreement (Salton Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' ’ security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possessionpossession or control. 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 such Collateral or control thereof to the Agent or in accordance with the Agent's ’s instructions.
Appears in 5 contracts
Samples: Credit Agreement (Westlake Chemical Corp), Credit Agreement (Westlake Chemical Corp), Credit Agreement (Westlake Chemical Corp)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' ’ security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's ’s request therefor therefor, shall deliver such Collateral to the Agent or in accordance with the Agent's ’s instructions.
Appears in 5 contracts
Samples: Credit and Security Agreement (PSS World Medical Inc), Credit Agreement (PSS World Medical Inc), Credit Agreement (Caraustar Industries Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC or the applicable provisions of the PPSA or other applicable law can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 3 contracts
Samples: Credit Agreement (Applica Inc), Term Loan Agreement (Harbinger Capital Partners Master Fund I, Ltd.), Credit Agreement (Applica Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Administrative Agent) obtain possession of any such Collateral, such Lender shall notify the Administrative Agent thereof, and, promptly upon the Administrative Agent's request therefor shall deliver such Collateral to the Administrative Agent or in accordance with the Administrative Agent's instructions.
Appears in 3 contracts
Samples: Credit Agreement (Unifrax Investment Corp), Post Petition Credit Agreement (Westpoint Stevens Inc), Credit Agreement (Gerdau Ameristeel Corp)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' ’ security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's ’s request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's ’s instructions.
Appears in 3 contracts
Samples: Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or otherwise deal with such Collateral in accordance with the Agent's instructions.
Appears in 3 contracts
Samples: Post Petition Loan Agreement (Metals Usa Inc), Loan and Security Agreement (Metals Usa Inc), Loan and Security Agreement (Metals Usa Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 2 contracts
Samples: Credit Agreement (3com Corp), Credit Agreement (Fleetwood Enterprises Inc/De/)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest Liens of the Lender Group in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Areawide Cellular Inc), Loan and Security Agreement (RDM Sports Group Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets whichthat, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 2 contracts
Samples: Credit Agreement (Weston Roy F Inc), Loan and Security Agreement (Fruit of the Loom LTD)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Laclede Steel Co /De/), Loan and Security Agreement (Laclede Steel Co /De/)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' ’ security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's ’s request therefor shall deliver such Collateral to the Agent or otherwise deal with such Collateral in accordance with the Agent's ’s instructions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Trump Atlantic City Funding Ii Inc), Senior Secured Debtor in Possession Credit, Security and Guaranty Agreement (Pershing Square Capital Management, L.P.)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Southern Energy Homes Inc)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest Agent's Liens in assets Assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (3do Co)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC UCC, can be perfected only by possession. Should any Lender (other than BABC at such time as it shall also act as the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Roadmaster Industries Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or otherwise deal with such Collateral in accordance with the Agent's instructions.. LOAN AND SECURITY AGREEMENT - PAGE 114
Appears in 1 contract
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest Agent's Liens in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Cai Wireless Systems Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possessionpossession or control. 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 shall deliver such Collateral or control thereof to the Agent or in accordance with the 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 the Lenders' security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Supreme International Corp)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest Collateral Agent's Liens in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Agency for Perfection. Each Agent, and each Co-Agent, and each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest Liens of the Lender Group in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the 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 Lenders' security interest Agent's Liens in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.shall
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' ’ security interest in assets which, in accordance with Article 9 of the UCC UCC, or the PPSA, as applicable, can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's ’s request therefor therefor, shall deliver such Collateral to the Agent or in accordance with the Agent's ’s instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (GTY Technology Holdings Inc.)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest Liens of the Lender Group in assets whichSchedule 1, Pg. 00 00 xxich, in accordance with Article Division 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Vermont Transit Co Inc)
Agency for Perfection. Each Facility Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest Liens of the Lender Group in assets which, in accordance with Article Division 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Facility Agent thereof, and, promptly upon the Facility Agent's request therefor shall deliver such Collateral to the Facility Agent or in accordance with the Facility Agent's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Los Buenos Leasing Co Inc)
Agency for Perfection. Each Lender hereby appoints each --------------------- other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Samples: Credit Agreement (Mail Well Inc)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest Liens of the Agent and the Lenders in assets which, in accordance with Article Division 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Grant Geophysical Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor therefore shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Samples: Loan Agreement (Clean Harbors Inc)
Agency for Perfection. Each The Agent and each Lender hereby appoints appoint each other Lender as agent for the purpose of perfecting the Lenders' security interest Agent's Liens in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Corrections Corp of America/Md)
Agency for Perfection. Each Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest Liens of the Lender Group in assets which, in accordance with Article Division 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral or Guarantor Collateral, such Lender Lender, shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral or Guarantor Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Neostar Retail Group Inc)
Agency for Perfection. Each The Agent and each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest Agent's Liens in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' ’ security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possessionpossession as of the Closing Date. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's ’s request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's ’s instructions.
Appears in 1 contract
Samples: Reimbursement and Senior Secured Credit Agreement (Salton Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC or the applicable provisions of the PPSA or CCQ can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Samples: Credit Agreement (Gfsi Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Lenders' Agent) obtain possession of any such Collateral, such Lender shall notify the Lenders' Agent thereof, and, promptly upon the Lenders' Agent's request therefor shall deliver such Collateral to the Lenders' Agent or in accordance with the Lenders' Agent'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 the Lenders' security interest Agent's Liens in assets which, in accordance with Article 9 of the UCC or the similar provisions of any other applicable laws can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the 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 Lenders' security interest Liens granted in favor of Agent under the Loan Documents in assets which, in accordance with Article Division 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article ARTICLE 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Riddell Sports Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender -------------------------- as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Micro Devices Inc)
Agency for Perfection. Each Lender hereby appoints each other Lender as agent for the purpose of perfecting the Lenders' security interest in assets which, in accordance with Article 9 of the UCC or the applicable provisions of the PPSA can be perfected only by possession. Should any Lender (other than the Agent) obtain possession of any such Collateral, such Lender shall notify the Agent thereof, and, promptly upon the Agent's request therefor shall deliver such Collateral to the Agent or in accordance with the Agent's instructions.
Appears in 1 contract
Samples: Credit Agreement (Acg Holdings Inc)