Common use of Bills of Lading and Other Documents of Title Clause in Contracts

Bills of Lading and Other Documents of Title. (a) On and after the date hereof, with respect to goods purchased by a Borrower in transit to the premises of such Borrower or the premises of a Freight Forwarder in the United States of America (i) if Borrowers have elected to comply with the eligibility criteria in clause (c)(i)(A) of the definition of Eligible In-Transit Inventory and the eligibility criteria of clause (f)(i) of the definition of Eligible In-Transit LC Inventory, each Borrower shall cause all bills of lading or other documents of title relating to such goods to be issued in a form so as to constitute negotiable documents as such term is defined in the UCC, (ii) if Borrowers have elected to comply with the eligibility criteria in clause (c)(i)(B) or (C) of the definition of Eligible In-Transit Inventory and the eligibility criteria of clause (f)(ii) or (iii) of the definition of Eligible In-Transit LC Inventory, each Borrower shall cause all bills of lading or other documents of title relating to such goods to be issued in a form so as to constitute non-negotiable documents as such term is defined in the UCC and (iii) other than those relating to goods being purchased pursuant to a Letter of Credit, to be issued either to the order of Agent or such other person as Agent may from time to time designate for such purpose as consignee or such Borrower as consignee.

Bills of Lading and Other Documents of Title. (a) On and after the date hereof, with With respect to goods purchased by a Borrower Inventory in transit to the premises of such Borrower or the premises of a Freight Forwarder customs broker in the United States or premises of Obligors in the United States of America America, after the occurrence and during the continuance of an Event of Default, (a) Obligors shall cause all bills of lading and other documents of title relating to goods being purchased by it which are outside the United States and in transit to such premises to name Obligors as consignee, unless and until Agent directs otherwise; (b) at such time and from time to time as Agent may direct, Obligors shall cause Agent or such other financial institution or other person as Agent may specify to be named as consignee; (c) without limiting any other rights of Agent or any Lender hereunder, Agent shall have the right to endorse and negotiate on behalf of , and as attorney in fact for, Obligors any bill of lading or other document of title with respect to such goods xxxing Obligors as consignee to Agent; (d) there shall be three (3) originals of each of such bill of lading or other document of title which unless and upon Agenx'x direction, shall be delivered as follows: (i) if Borrowers have elected one (1) original to comply with such customs broker as the eligibility criteria in clause applicable Obligor may specify (c)(i)(Aso long as Agent has received a Collateral Access Agreement duly executed and delivered by such customs broker), and (ii) two (2) originals to Agent or to such other person as Agent may designate for such purpose; (e) Obligors shall obtain a copy (but not the originals) of such bill of lading or other documents of title from the definition of Eligible In-Transit Inventory and the eligibility criteria of clause customs broker axx (f)(if) of the definition of Eligible In-Transit LC Inventory, each Borrower Obligors shall cause all bills of lading or other documents of title relating to such goods purchased by Obligors which are outside the United States and in transit to the premises of Obligors or the premises of a customs broker in the United States to be issued in a form so as to constitute negotiable documents as such term is defined in the UCC, (ii) if Borrowers have elected to comply with the eligibility criteria in clause (c)(i)(B) or (C) of the definition of Eligible In-Transit Inventory and the eligibility criteria of clause (f)(ii) or (iii) of the definition of Eligible In-Transit LC Inventory, each Borrower shall cause all bills of lading or other documents of title relating to such goods to be issued in a form so as to constitute non-negotiable documents as such term is defined in the UCC and (iii) other than those relating to goods being purchased pursuant to a Letter of Credit, to be issued either to the order of Agent or such other person as Agent may from time to time designate for such purpose as consignee or such Borrower as consigneeUniform Commercial Code.

Bills of Lading and Other Documents of Title. (a) On and after the date hereof, with respect to goods purchased by a Borrower which are outside the United States of America and in transit to the premises of such Borrower or the premises of a Freight Forwarder in the United States of America (i) if Borrowers have elected to comply with the eligibility criteria in clause (c)(i)(A) of the definition of Eligible In-Transit Inventory and the eligibility criteria of clause (f)(i) of the definition of Eligible In-Transit LC Inventory, each Borrower shall cause all bills of lading or other documents of title relating to such goods to be issued in a form so as to constitute negotiable documents as such term is defined in the UCCUniform Commercial Code, (ii) if Borrowers have elected to comply with the eligibility criteria in clause (c)(i)(B) or (C) of the definition of Eligible In-Transit Inventory and the eligibility criteria of clause (f)(ii) or (iii) of the definition of Eligible In-Transit LC Inventory, each Borrower shall cause all bills of lading or other documents of title relating to such goods to be issued in a form so as to constitute non-negotiable documents as such term is defined in the UCC Uniform Commercial Code and (iii) other than those relating to goods being purchased pursuant to a Letter of CreditCredit Accommodation, to be issued either to the order of Agent or such other person as the Agent may from time to time designate for such purpose as consignee or such Borrower as consignee, as Agent may specify.

Bills of Lading and Other Documents of Title. (a) On and after the date hereof, with respect to goods purchased by a Borrower which are outside the United States of America and in transit to the premises of such Borrower or the premises of a Freight Forwarder in the United States of America (i) if Borrowers have elected to comply with the eligibility criteria in clause (c)(i)(A) of the definition of Eligible In-Transit Inventory and the eligibility criteria of clause (f)(i) of the definition of Eligible In-Transit LC Inventory, each Borrower shall cause all bills of lading or other documents of title relating to such goods to be issued in a form so as to constitute negotiable documents as such term is defined in the UCCUniform Commercial Code, (ii) if Borrowers have elected to comply with the eligibility criteria in clause (c)(i)(B) or (C) of the definition of Eligible In-Transit Inventory and the eligibility criteria of clause (f)(ii) or (iii) of the definition of Eligible In-Transit LC Inventory, each Borrower shall cause all bills of lading or other documents of title relating to such goods to be issued in a form so as to constitute non-negotiable documents as such term is defined in the UCC Uniform Commercial Code and (iii) other than those relating to goods being purchased pursuant to a Letter of CreditCredit Accommodation, to be issued either to the order of Agent or such other person as Agent may from time to time designate for such purpose as consignee or such Borrower as consignee, as Agent may specify.