Borrower's Possession Sample Clauses

Borrower's Possession. Upon and during the continuance of an Event of Default or an Event of Acceleration, to the extent the same shall, from time to time, be in the Borrower's possession, the Borrower will hold all securities, instruments, chattel paper, documents, certificates and money and other writings evidencing or relating to the Collateral in trust for the Secured Party and, upon request or as otherwise provided herein, promptly deliver the same to the Secured Party in a form received and at a time and in a manner satisfactory to the Secured Party. With respect to the Collateral in the Borrower's possession the Borrower shall at the Secured Party's request take such action as the Secured Party in its discretion deems necessary or desirable to create, perfect and protect the Secured Party's security interest in any of the Collateral.
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Borrower's Possession. Upon and during the continuation of an Event of Default, to the extent the same shall, from time to time, be in any Borrower’s possession, such Borrower will hold the Collateral and all writings evidencing or relating to the Collateral in trust for Administrative Agent, on behalf of the Holders of the Obligations, and, upon request or as otherwise provided herein, promptly deliver the same to Administrative Agent, in the form received and at a time and in a manner satisfactory to Administrative Agent. With respect to the Collateral in any Borrower’s possession Borrowers shall at Administrative Agent’s request take such action as Administrative Agent in its Sole Discretion deems necessary or desirable to create, perfect and protect the security interest of Administrative Agent, on behalf of the Holders of the Obligations, in any of the Collateral and to preserve or enhance the value thereof.
Borrower's Possession. Upon and during the continuation of an Event of Default, to the extent the same shall, from time to time, be in Borrower's possession, Borrower will hold all securities, instruments, chattel paper, documents, certificates and money and other writings evidencing or relating to the Collateral in trust for Secured Party and, upon request or as otherwise provided herein, promptly deliver the same to Secured Party in form received and at a time and in a manner satisfactory to Secured Party. With respect to the Collateral in Borrower's possession Borrower shall at Secured Party's request take such action as Secured Party in its discretion deems necessary or desirable to create, perfect and protect Secured Party's security interest in any of the Collateral.
Borrower's Possession. 15 5.2 Secured Party's Possession.....................................15 6.
Borrower's Possession. Upon and during the continuation of an Event of Default, to the extent the same shall, from time to time, be in any Borrower’s possession, such Borrower will hold the Collateral and all writings evidencing or relating to the Collateral in trust for Administrative Agent, on behalf of the Lenders, and, upon request or as otherwise provided herein, promptly deliver the same to Administrative Agent, in the form received and at a time and in a manner satisfactory to
Borrower's Possession. Upon and during the continuation of an Event of Default, to the extent the same shall, from time to time, be in Borrower's possession, Borrower will hold the Collateral and all writings evidencing or relating to the Collateral in trust for Lender and, upon request or as otherwise provided herein, promptly deliver the same to Lender, in the form received and at a time and in a manner satisfactory to Lender. With respect to the Collateral in Borrower's possession Borrower shall at Lender's request take such action as Lender in its Sole Discretion deems necessary or desirable to create, perfect and protect the security interest of Lender in any of the Collateral and to preserve or enhance the value thereof.
Borrower's Possession. Borrower will be deemed at all times to --------------------- hold all securities, investment property, instruments, chattel paper, documents, certificates and money and other writings evidencing or relating to the Collateral in trust for Secured Party and, upon and during the continuation of an Event of Default, to the extent the same shall, from time to time, be in Borrower's possession, upon request or as otherwise provided herein, Borrower shall promptly deliver the same to Secured Party in the form received (with any necessary endorsements) and at a time and in a manner satisfactory to Secured Party. With respect to the Collateral in Borrower's possession, Borrower shall at Secured Party's request take such action as Secured Party in its discretion deems necessary or desirable to create, perfect and protect Secured Party's security interest in any of the Collateral.
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Borrower's Possession. Upon and during the continuation of an Event of Default, to the extent that any Collateral shall, from time to time, be in any Borrower's or Subsidiary's possession, such Borrower or Subsidiary will hold such Collateral and all writings evidencing or relating to such Collateral in trust for the Administrative Agent, on behalf of the Secured Parties, and, upon request or as otherwise provided herein, promptly deliver the same to the Administrative Agent, in the form received and at a time and in a manner satisfactory to the Administrative Agent. With respect to the Collateral in a Borrower's or Subsidiary's possession, such Borrower or Subsidiary shall at the Administrative Agent's request take such action as the Administrative Agent in its Sole Discretion deems necessary or desirable to create, perfect and maintain the security interest of the Administrative Agent, on behalf of the Secured Parties, in any of the Collateral and to preserve the value thereof (ordinary wear and tear excepted).

Related to Borrower's Possession

  • TERM; POSSESSION The term of this Lease (the “Term”) shall commence on the Commencement Date as described below and, unless sooner terminated, shall expire on the Expiration Date set forth in the Basic Lease Information (the “Expiration Date”). The “Commencement Date” shall be the earlier of (a) the date on which Landlord tenders possession of the Premises to Tenant, with all of Landlord’s construction obligations, if any, “Substantially Completed” as provided in the Construction Rider attached as Exhibit B (the “Construction Rider”) or, in the event of any “Tenant Delay,” as defined in the Construction Rider, the date on which Landlord could have done so had there been no such Tenant Delay; or (b) the date upon which Tenant, with Landlord’s written permission, actually occupies and conducts business in any portion of the Premises. The parties anticipate that the Commencement Date will occur on or about the Scheduled Commencement Date set forth in the Basic Lease Information (the “Scheduled Commencement Date”). Landlord shall pay Tenant’s hold-over charges if the Premises are not Substantially Completed within seventy-five (75) days after Lease execution, provided, however, that Landlord shall not be liable for any other claims, damages or liabilities if the Premises are not ready for occupancy by the Scheduled Commencement Date. When the Commencement Date has been established, Landlord and Tenant shall at the request of either party confirm the Commencement Date and Expiration Date in writing.

  • Quiet Possession Subject to payment by Lessee of the Rent and performance of all of the covenants, conditions and provisions on Lessee's part to be observed and performed under this Lease, Lessee shall have quiet possession and quiet enjoyment of the Premises during the term hereof.

  • Borrowers’ Agent Each of Borrowers hereby irrevocably appoints Borrower Representative as its agent, attorney-in-fact and legal representative for all purposes, including requesting disbursement of the Term Loan Advance and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent or any Lender. Agent may rely, and shall be fully protected in relying, on any request for the Term Loan Advance, disbursement instruction, report, information or any other notice or communication made or given by Borrower Representative, whether in its own name or on behalf of one or more of the other Borrowers, and Agent shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of Borrowers’ obligations hereunder be affected thereby.

  • Documents, Records and Funds in Possession of the Master Servicer to be Held for the Trustee. The Master Servicer shall account fully to the Trustee for any funds it receives or otherwise collects as Liquidation Proceeds or Insurance Proceeds in respect of any Mortgage Loan. All Mortgage Files and funds collected or held by, or under the control of, the Master Servicer in respect of any Mortgage Loans, whether from the collection of principal and interest payments or from Liquidation Proceeds, including any funds on deposit in the Certificate Account, shall be held by the Master Servicer for and on behalf of the Trustee and shall be and remain the sole and exclusive property of the Trustee, subject to the applicable provisions of this Agreement. The Master Servicer also agrees that it shall not create, incur or subject any Mortgage File or any funds that are deposited in the Certificate Account, the Collection Account, Distribution Account, or any Escrow Account, or any funds that otherwise are or may become due or payable to the Trustee for the benefit of the Certificateholders, to any claim, lien, security interest, judgment, levy, writ of attachment, or other encumbrance, or assert by legal action or otherwise any claim or right of setoff against any Mortgage File or any funds collected on, or in connection with, a Mortgage Loan, except, however, that the Master Servicer shall be entitled to set off against and deduct from any such funds any amounts that are properly due and payable to the Master Servicer under this Agreement.

  • Occupancy of the Mortgaged Property As of the date of origination, the Mortgaged Property was lawfully occupied under applicable law;

  • Photograph of the Mortgaged Property 9. Survey of the Mortgaged Property, unless a survey is not required by the title insurer.

  • Business and Property of Borrowers Upon and after the Closing Date, Borrowers and their Subsidiaries do not propose to engage in any business other than the Permitted Businesses. On the Closing Date, each Borrower will, and will cause its Subsidiaries to, own all the property and possess all of the rights and Consents necessary for the conduct of the business of such Borrower or its Subsidiaries.

  • Title to Properties; Possession Under Leases (a) Such Borrower and each of its Subsidiaries have good and marketable title to, or valid leasehold interests in, all its material properties and assets, except for minor defects in title that do not materially interfere with its ability to conduct its business as currently conducted or to utilize such properties and assets for their intended purposes.

  • Condition of the Leased Property Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property “as is” in its present condition. Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Provided, however, to the extent permitted by law, Lessor hereby assigns to Lessee all of Lessor’s rights to proceed against any predecessor in title (other than any Affiliate of Lessee, which conveyed the Property to Lessor) for breaches of warranties or representations or for latent defects in the Leased Property. Lessor shall fully cooperate with Lessee in the prosecution of any such claim, in Lessor’s or Lessee’s name, all at Lessee’s sole cost and expense. Lessee hereby agrees to indemnify, defend and hold harmless Lessor from and against any claims, obligations and liabilities against or incurred by Lessor in connection with such cooperation.

  • Collateral in the Possession of a Warehouseman or Bailee If any material portion of the Collateral at any time is in the possession of a warehouseman or bailee, Grantor shall promptly notify Secured Party thereof, and, as soon as possible but not more than forty-five (45) days later, shall use best efforts to obtain a Collateral Access Agreement in form and substance reasonably satisfactory to Secured Party from such warehouseman or bailee.

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