Bailee Agreement. Borrower hereby represents and warrants that, as of the date of execution and delivery of this Agreement, no goods of Borrower are in the possession of any warehouseman or other bailee (except as set forth in Section 3(d) of the Representations), and hereby covenants that Borrower promptly shall deliver written notice to Lender of any goods of Borrower being in the possession of any other warehouseman or other bailee. With respect to any goods or other Collateral of Borrower in the possession of any warehouseman or other bailee (including any set forth in Section 3(d) of the Representations), Borrower shall, promptly upon Lender’s request therefor, use commercially reasonable efforts to deliver to Lender a bailee agreement (in form and substance satisfactory to Lender) duly executed by such warehouseman or other bailee. In the event that Lender requests such a bailee agreement and Borrower uses such efforts but does not succeed in delivering such a bailee agreement, Lender may (in its good faith business judgment) maintain a Reserve with respect to such warehouse or other bailee location. Additionally, Lender will establish a Reserve equal to three (3) months’ worth of warehouse fees that are charged to Borrower.
Bailee Agreement. Borrower hereby represents and warrants that, as of the date of execution and deliver of this Agreement, no goods of Borrower are in the possession of any warehouseman or other bailee (except as set forth in Section 3(d) of the Representations), and hereby covenants that Borrower promptly shall deliver written notice to Lender of any goods of Borrower being in the possession of any other warehouseman or other bailee. With respect to any goods or other Collateral of Borrower in the possession of any warehouseman or other bailee (including any set forth in Section 3(d) of the Representations), Borrower shall, promptly upon Lender’s request therefor, use commercially reasonable efforts to deliver to Lender a bailee agreement (in form and substance satisfactory to Lender) duly executed by such warehouseman or other bailee.
Bailee Agreement. A Bailee Agreement in respect of Table-Funded Mortgage Loans to be pledged to hereunder on such Business Day, duly executed by the parties thereto;
Bailee Agreement. Borrower hereby represents and warrants that, as of the date of execution and deliver of this Agreement, no goods of Borrower are in the possession of any warehouseman or other bailee, and hereby covenants that Borrower promptly shall deliver written notice to Silicon of any goods of Borrower being in the possession of any warehouseman or other bailee. With respect to any goods of Borrower in the possession of any warehouseman or other bailee, Borrower shall, promptly upon Silicon’s request therefor, deliver to Silicon a bailee agreement (in form and substance satisfactory to Silicon) duly executed by such warehouseman or other bailee.
Bailee Agreement. Borrower hereby represents and warrants that, as of the date of execution and delivery of this Agreement, no goods of Borrower are in the possession of any warehouseman or other bailee (except as disclosed in the Borrower Disclosure Schedule, attached), and hereby covenants that Borrower promptly shall deliver written notice to Lender of any goods of Borrower being in the possession of any other warehouseman or other bailee. With respect to any goods or other Collateral of Borrower in the possession of any warehouseman or other bailee, Borrower shall, promptly upon Lxxxxx’s request therefor, use commercially reasonable efforts to deliver to Lender a bailee agreement (in form and substance satisfactory to Lender) duly executed by such warehouseman or other bailee. In the event that Lender requests such a bailee agreement and Borrower uses such efforts but does not succeed in delivering such a bailee agreement, Lender may (in its good faith business judgment) maintain a Reserve with respect to such warehouse or other bailee location.
Bailee Agreement. On the Restatement Effective Date, the Bailee Agreement previously entered into pursuant to the Original Credit Agreement in the form of Exhibit O (as modified, amended or supplemented from time to time in accordance with the terms hereof and thereof, the "Bailee Agreement"), among the Administrative Agent on the behalf of the Lenders, First Trust National Association on behalf of the holders of Senior Secured Notes, the Borrower and First Trust National Association, as Bailee, shall be in force and effect, except that an amendment thereto (in form and substance satisfactory to the Administrative Agent) shall have been entered into for the purpose (and with the effect) of causing SMI to become a party thereto.
Bailee Agreement. Borrower hereby represents and warrants that, as of the date of execution and deliver of this Agreement, no goods of Borrower are in the possession of any warehouseman or other bailee (other than as expressly identified in Section 3(f) of the Representations), and hereby covenants that Borrower promptly shall deliver written notice to Silicon of any goods of Borrower being in the possession of any other warehouseman or other bailee. With respect to any goods or other Collateral of Borrower in the possession of any warehouseman or other bailee, Borrower shall, promptly upon Silicon’s request therefor, use commercially reasonable efforts to deliver to Silicon a bailee agreement (in form and substance satisfactory to Silicon) duly executed by such warehouseman or other bailee. In the event that Silicon requests such a bailee agreement and Borrower uses such efforts but does not succeed in delivering such a bailee agreement, Silicon may (in its good faith business judgment) maintain a Reserve with respect to such warehouse or other bailee location.
Bailee Agreement. With respect to any goods of Borrower in the possession of any warehouseman or other bailee, Borrower shall, promptly upon Silicon's request therefor, deliver to Silicon a bailee agreement (in form and substance satisfactory to Silicon) duly executed by such warehouseman or other bailee.
Bailee Agreement. As provided for in the Non-Exim Agreement, Borrower shall cause Xxxxxx Moving & Storage, Team Air and any other bailee or warehouseman at which Borrower maintains any Collateral to execute and deliver to Silicon, on Silicon's standard form (with such changes as shall be acceptable to Silicon in its discretion), a Notice to Bailee of Security Interest with respect to all Collateral maintained by Borrower at such bailee or warehouseman. SILICON VALLEY BANK SCHEDULE TO LOAN AND SECURITY AGREEMENT (EXIM) --------------------------------------------------------------------------------
Bailee Agreement. Exhibit F to the Loan and Security Agreement is hereby deleted in its entirety and Exhibit F attached hereto shall be substituted therefor.