Bailee Agreements Sample Clauses

Bailee Agreements. Concurrently, Borrowers shall cause Ditan, IPC, Omni Resources, Advance Paper Box, Xxxxx and Future Media to execute and deliver Bailee Agreements in such form as GBC shall specify.
Sample 1
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Bailee Agreements. Borrower shall cause any bailee or warehouseman at which Borrower maintains any Collateral and identified in the Representations to execute and deliver to Silicon a bailee agreement (in form and substance satisfactory to Silicon) with respect to all Collateral maintained by Borrower at such bailee or warehouseman. Borrower hereby covenants that Borrower promptly shall deliver written notice to Silicon of any Collateral being in the possession of any warehouseman or other bailee not identified in the Representations. With respect to any Collateral of Borrower in the possession of any warehouseman or other bailee not identified in the Representations, 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.
Sample 1
Bailee Agreements. Within 60 days after the date hereof, Borrower shall cause each of Adcom, Digital River, Globalware Solutions, Ingram Micro, Integrated Manufacturing Xolutions, Paramit Corp., Syntec Technologies, Inc. and any other bailee or warehouseman at which Borrower maintains any Collateral to SILICON VALLEY BANK CERTIFIED RESOLUTION AND INCUMBENCY CERTIFICATE -------------------------------------------------------------------------------- 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.
Sample 1
Bailee Agreements. Although a Bailee Agreement shall be required to be executed and delivered on the Initial Borrowing Date by the trustee pursuant to the Existing Senior Secured Notes Indenture, the sub-agent of such trustee which holds collateral in the State of Nevada shall not be required to execute or deliver a Bailee Agreement on the Initial Borrowing Date. Within 10 Business Days after the Initial Borrowing Date, a copy of the executed Bailee Agreement with the trustee pursuant to the Existing Senior Secured Notes Indenture shall be sent to such sub-agent, with a notice, in form and substance reasonably satisfactory to the Collateral Agent, informing the sub-agent that all collateral held by it is subject to the Bailee Agreement and the security interests (subject to the provisions of Section 13.18) created pursuant to the Security Documents.
Sample 1
Bailee Agreements. The Agent shall have received satisfactory bailee agreements from FMI International and Streamline Shippers Association.
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Bailee Agreements. Prior to giving any Bailee possession of any Goods, the Debtors shall furnish to the Secured Party a written Bailee Agreement satisfactory to the Secured Party executed by the Debtors and such Bailee. Upon and after the occurrence of a Default under any Transaction Document, the Secured Party shall be entitled to exercise exclusive control over any Goods in the possession of a Bailee, and shall be entitled to give each such Bailee written notice of the Secured Party’s exclusive control of such Goods.
Sample 1
Bailee Agreements. A Bailee Agreement with each warehouseman which owns any premises at which any Inventory may, from time to time, be kept.
Sample 1
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Bailee Agreements. As to any Inventory or other Collateral stored with any warehouseman or other third party, Borrower shall use commercially reasonable efforts to provide Lender with agreements by such warehouseman or other third party in favor of Lender within 45 days after the date hereof, in such form as Lender shall specify in its good faith business judgment, including without limitation agreements from NSG Technology, Inc., and MC Assembly. [Signatures on Next Page] Form Version: -5.4 (07-13) Document Version -9.1 Square 1 Bank Loan and Security Agreement Borrower: Borrower: XTERA COMMUNICATIONS, INC. AZEA NETWORKS, INC. By /s/ Xxxx Xxxx By /s/ Xxxx Xxxx Title Secretary Title Secretary Borrower: Borrower: NEOVUS, INC. XTERA ASIA HOLDINGS, LLC By /s/ Xxxx Xxxx By /s/ Xxxx Xxxx Title Secretary Title Secretary Lender: SQUARE 1 BANK By /s/ Square 1 Bank Title Senior Vice President Exhibit A Existing Investments: Xtera Taiwan $ 1,015,500.00 Xtera Canada $ 0.94 Xtera Brazil $ 23,750.00 Xtera Communications Limited $ 6,163,936.28 Exhibit B Horizon Debt Payment Schedule Xtera Communications, Inc. Horizon Note Amortization Invoice Date Month Beginning Balance 11.50% 12.50% Interest Payment Principal Ending Balance Premium Total Premium Payable 1-Jan-15 Dec-14 7,470,027.83 77,812.79 125,000.00 47,187.21 7,422,840.62 33,890.77 1,477,480.63 1-Feb-15 Jan-15 7,422,840.62 77,321.26 175,000.00 97,678.74 7,325,161.88 33,676.68 1,511,157.31 1-Mar-15 Feb-15 7,325,161.88 76,303.77 175,000.00 98,696.23 7,226,465.65 33,233.52 1,544,390.83 0-Xxx-00 Xxx-00 7,226,465.65 75,275.68 175,000.00 99,724.32 7,126,741.33 32,785.75 1,577,176.58 1-May-15 Apr-15 7,126,741.33 74,236.89 250,000.00 175,763.11 6,950,978.22 32,333.31 1,609,509.89 1-Jun-15 May-15 6,950,978.22 72,406.02 250,000.00 177,593.98 6,773,384.24 31,535.89 1,641,045.78 1-Jul-15 Jun-15 6,773,384.24 70,556.09 250,000.00 179,443.91 6,593,940.33 30,730.17 1,671,775.94 1-Aug-15 Jul-15 6,593,940.33 68,686.88 300,000.00 231,313.12 6,362,627.21 29,916.05 1,701,691.99 1-Sep-15 Aug-15 6,362,627.21 66,277.37 300,000.00 233,722.63 6,128,904.58 28,866.60 1,730,558.59 1-Oct-15 Sep-15 6,128,904.58 63,842.76 300,000.00 236,157.24 5,892,747.34 27,806.22 1,758,364.81 1-Nov-15 Oct-15 5,892,747.34 61,382.78 350,000.00 288,617.22 5,604,130.12 26,734.81 1,785,099.62 1-Dec-15 Nov-15 5,604,130.12 58,376.36 350,000.00 291,623.64 5,312,506.48 25,425.38 1,810,524.99 1-Jan-16 Dec-15 5,312,506.48 55,338.61 350,000.00 294,661.39 5,017,845.09 24,102.31 1,834,627.30 ...
Sample 1
Bailee Agreements. None of the components of the Collateral shall be maintained at locations other than as provided in writing to Lender or as Borrowers have given Lender notice. In the event that any Borrower, after the date hereof, intends to store or otherwise deliver any portion of the Collateral to a bailee, then such Borrower will first receive the written consent of Lender and such bailee must execute and deliver a bailee agreement in form and substance satisfactory to Lender in its sole discretion.
Sample 1

Related to Bailee Agreements

  • Landlords’ Agreements, Mortgagee Agreements, Bailee Letters and Real Estate Purchases Each Credit Party shall use commercially reasonable efforts to obtain a landlord's agreement, mortgagee agreement or bailee letter, as applicable, from the lessor of each leased property, the mortgagee of each owned property and the bailee with respect to each warehouse, processor or converter facility or other location where Collateral is stored or located, which agreement or letter shall contain a waiver or subordination of all Liens or claims that the landlord, mortgagee or bailee may assert against the Collateral at that location, and shall otherwise be reasonably satisfactory in form and substance to Agent. After the Restatement Closing Date, no real property or warehouse space shall be leased by any Credit Party and no Inventory shall be shipped to a processor or converter under arrangements established after the Restatement Closing Date without the prior written consent of Agent, unless and until a satisfactory landlord agreement or bailee letter, as appropriate, shall first have been obtained with respect to such location. Each Credit Party shall timely and fully pay and perform its obligations under all leases and other agreements with respect to each leased location or public warehouse where any Collateral is or may be located. To the extent permitted hereunder, if any Credit Party proposes to acquire a fee ownership interest in Real Estate after the Restatement Closing Date, it shall first provide to Agent a mortgage, debenture, deed of trust or similar document granting Agent a first priority Lien on such Real Estate, together with a real property survey, local counsel opinion(s), and, if required by Agent, an environmental audit, mortgage title insurance commitment, supplemental casualty insurance and flood insurance, and such other documents, instruments or agreements reasonably requested by Agent, in each case, in form and substance reasonably satisfactory to Agent.

  • Non-Disturbance Agreements Lender shall enter into, and, if required by applicable law to provide constructive notice or requested by a Tenant, record in the county where the subject Property is located, a subordination, attornment and non-disturbance agreement, substantially in form and substance substantially similar to the form attached hereto as Exhibit K (a “Non-Disturbance Agreement”), with any Tenant (other than an Affiliate of Borrower) entering into a New Lease permitted hereunder or otherwise consented to by Lender within ten (10) Business Days after written request therefor by Borrower, provided that, such request is accompanied by an Officer’s Certificate stating that such Lease complies in all material respects with this Section 8.7. All reasonable third party costs and expenses incurred by Lender in connection with the negotiation, preparation, execution and delivery of any Non-Disturbance Agreement, including, without limitation, reasonable attorneys’ fees and disbursements, shall be paid by Borrower (in advance, if requested by Lender).

  • Property Agreements A complete list of all FF&E Leases, Service Contracts and Leases (other than those entered into by the Existing Manager on its own behalf) used in or otherwise relating to the operation and business of the Hotel is attached hereto as Exhibit C-1, and, to Seller’s knowledge, a complete list of all other FF&E Leases, Service Contracts and Leases used in or otherwise relating to the operation and business of the Hotel is attached hereto as Exhibit C-2. The assets constituting the Property to be conveyed to Buyer hereunder constitute all of the property and assets of Seller used in connection with the operation and business of the Hotel. There are no leases, license agreements, leasing agent’s agreements, equipment leases, building service agreements, maintenance contracts, suppliers contracts, warranty contracts, operating agreements, or other agreements (i) to which Seller is a party or an assignee, or (ii) to Seller’s knowledge, binding upon the Hotel, relating to the ownership, occupancy, operation, management or maintenance of the Real Property, FF&E, Supplies or Tradenames, except for those Service Contracts, Leases, Warranties and FF&E Leases disclosed on Exhibit C or to be delivered to Buyer pursuant to Section 3.1. The Service Contracts, Leases, Warranties and FF&E Leases disclosed on Exhibit C or to be delivered to Buyer pursuant to Section 3.1 are in full force and effect, and no default has occurred and is continuing thereunder and no circumstances exist which, with the giving of notice, the lapse of time or both, would constitute such a default. No party has any right or option to acquire the Hotel or any portion thereof, other than Buyer.

  • Separate Agreements All uses of an E-System shall be governed by and subject to, in addition to Section 9.2 and this Section 9.3, the separate terms, conditions and privacy policy posted or referenced in such E-System (or such terms, conditions and privacy policy as may be updated from time to time, including on such E-System) and related Contractual Obligations executed by Agent and Credit Parties in connection with the use of such E-System.

  • Third Party Agreements Nothing in this Section 5.3 shall require any Party to violate any Contract or arrangement with any Third Party regarding the confidentiality of confidential and proprietary information relating to that Third Party or its business; provided, however, that in the event that a Party is required under this Section 5.3 to disclose any such information, such Party shall use commercially reasonable efforts to seek to obtain such Third Party’s consent to the disclosure of such information. The Parties also acknowledge that the Other Parties’ Auditors are subject to contractual, legal, professional and regulatory requirements which such auditors are responsible for complying with.

  • License Agreements (a) Each Borrower and Guarantor shall (i) promptly and faithfully observe and perform all of the material terms, covenants, conditions and provisions of the material License Agreements to which it is a party to be observed and performed by it, at the times set forth therein, if any, (ii) not do, permit, suffer or refrain from doing anything that could reasonably be expected to result in a default under or breach of any of the terms of any material License Agreement, (iii) not cancel, surrender, modify, amend, waive or release any material License Agreement in any material respect or any term, provision or right of the licensee thereunder in any material respect, or consent to or permit to occur any of the foregoing; except, that, subject to Section 9.19(b) below, such Borrower or Guarantor may cancel, surrender or release any material License Agreement in the ordinary course of the business of such Borrower or Guarantor; provided, that, such Borrower or Guarantor (as the case may be) shall give Agent not less than thirty (30) days prior written notice of its intention to so cancel, surrender and release any such material License Agreement, (iv) give Agent prompt written notice of any material License Agreement entered into by such Borrower or Guarantor after the date hereof, together with a true, correct and complete copy thereof and such other information with respect thereto as Agent may request, (v) give Agent prompt written notice of any material breach of any obligation, or any default, by any party under any material License Agreement, and deliver to Agent (promptly upon the receipt thereof by such Borrower or Guarantor in the case of a notice to such Borrower or Guarantor and concurrently with the sending thereof in the case of a notice from such Borrower or Guarantor) a copy of each notice of default and every other notice and other communication received or delivered by such Borrower or Guarantor in connection with any material License Agreement which relates to the right of such Borrower or Guarantor to continue to use the property subject to such License Agreement, and (vi) furnish to Agent, promptly upon the request of Agent, such information and evidence as Agent may reasonably require from time to time concerning the observance, performance and compliance by such Borrower or Guarantor or the other party or parties thereto with the material terms, covenants or provisions of any material License Agreement.

  • No Existing Non-Competition Agreements No Insider is subject to any non-competition agreement or non-solicitation agreement with any employer or prior employer which could materially affect his ability to be an employee, officer and/or director of the Company, except as disclosed in the Registration Statement.

  • Indemnity Agreements Simultaneously with any person becoming a Designated Director, the Company shall execute and deliver to each such Designated Director an Indemnity Agreement dated the date such Designated Director becomes a director of the Company.

  • Customer Agreements In addition to other provisions hereof, MBC ------------------- shall not distribute any Cooperative Application or MBC Product to any Person unless MBC shall have first notified and required such Person to execute a customer agreement: (i) provided by InterTrust; or (ii) provided by MBC that (a) has been previously approved in writing by InterTrust and (b) is in accordance with the terms of this Section 6.2 (the "Customer Agreement"). The ------------------ terms of such Customer Agreement relating to InterTrust Technology may be amended from time to time by InterTrust as may be reasonably necessary to protect InterTrust's rights hereunder, but solely for subsequent executions of such Customer Agreement and as herein provided. The Customer Agreement shall contain, at minimum and as relevant hereunder, terms that: (1) notify MBC customers of the restrictions on MBC's rights with respect to performing Clearinghouse Functions, granting sublicenses, and otherwise restricting the rights of such customers with respect to use of the MBC Product or Cooperative Application, as applicable, especially the InterTrust Technology incorporated therein; (2) prohibit customers from disassembling, modifying or reverse engineering any portion of the InterTrust Technology incorporated in the MBC Product or Cooperative Application; (3) stipulate that such customer has no right to use the MBC Product or Cooperative Application to engage in or perform any Clearinghouse Functions whatsoever without InterTrust's express authorization pursuant to a written license agreement directly between such customer and InterTrust; (4) prohibit such customer from using the Cooperative Application or MBC Product to make and/or exploit any commercial product other than a Vertical Application; (5) provide that the Customer Agreement is to and for InterTrust's benefit and may be enforced by InterTrust at its discretion; and (6) contain such other provisions as stipulated herein. MBC agrees that to the extent any form of Customer Agreement might be deemed to be unenforceable or otherwise ineffective in any jurisdiction, MBC shall substitute other forms of Customer Agreements, or take other actions, as reasonably specified by InterTrust, including, for example, specifying other generally accepted, legally effective forms of Customer Agreement, if such exists for a given jurisdiction, in order to provide InterTrust with legally enforceable protection contemplated hereunder, including protection against implied licenses and claims of patent exhaustion relating to InterTrust Technology. MBC agrees and acknowledges that MBC's performance of its obligations hereunder is necessary for InterTrust to adequately protect its Intellectual Property Rights made available hereunder, and such performance shall constitute a condition precedent to the licenses granted under Article 5 hereof.

  • Collateral Access Agreements Such Grantor shall use commercially reasonable efforts to obtain a Collateral Access Agreement, from the lessor of each leased property, mortgagee of owned property or bailee or consignee with respect to the operator of any warehouse, processor or converter facility or other location (each of which is identified on Exhibit B hereto), where Collateral in excess of $1,000,000 is stored or located at any given time (other than (i) company-owned facilities and (ii) retail stores), which agreement or letter shall provide access rights, contain a waiver or subordination of all Liens or claims that the landlord, mortgagee, bailee or consignee may assert against the Collateral at that location, and shall otherwise be reasonably satisfactory in form and substance to the Administrative Agent. With respect to such locations or warehouse space leased as of the Effective Date and thereafter where Collateral in excess of $1,000,000 is stored or located (other than (i) company-owned facilities and (ii) retail stores), if the Administrative Agent has not received a Collateral Access Agreement as of the Effective Date (or, if later as of the date such location is acquired or leased), the Borrower’s Eligible Inventory at that location shall be subject to such Reserves as may be established by the Administrative Agent. After the Effective Date, no real property or warehouse space shall be leased by such Grantor (other than retail stores) and no Inventory shall be shipped to a processor or converter under arrangements established after the Effective Date, unless and until a satisfactory Collateral Access Agreement shall first have been obtained with respect to such location or if it has not been obtained, the Borrower’s Eligible Inventory at that location shall be subject to the establishment of Reserves acceptable to the Administrative Agent. Such Grantor shall timely and fully pay and perform its obligations under all leases and other agreements with respect to each leased location or third party warehouse where any Collateral is or may be located.

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