Common use of Certain Additional Account Security Actions and Additional Inventory Security Actions Clause in Contracts

Certain Additional Account Security Actions and Additional Inventory Security Actions. (a) Each applicable Borrower shall endeavor to satisfy the Additional Account Security Actions with respect to Accounts originated by such Borrower that are owed from Account Debtors located in the United Kingdom, France and Germany within thirty (30) calendar days after the Closing Date and (b) each applicable Dutch Borrower shall endeavor to satisfy the Additional Inventory Security Actions with respect to Inventory located in the United Kingdom that is owned by such Dutch Borrower within thirty (30) calendar days after the Closing Date; provided that the failure by any Borrower to take such Additional Account Security Actions and/or Additional Inventory Security Actions pursuant to this Section 8.13 shall not constitute a Default or an Event of Default and the effect of any such failure shall be limited to the impact, if any, on the eligibility of such Accounts or Inventory, as applicable, for inclusion in the applicable Borrowing Base pursuant to the rules set forth in the definitions of the terms “Eligible Accounts” and “Eligible Inventory”.

Appears in 4 contracts

Samples: Credit Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.)

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Certain Additional Account Security Actions and Additional Inventory Security Actions. (a) Each applicable Borrower shall endeavor to satisfy the Additional Account Security Actions with respect to Accounts originated by such Borrower that are owed from Account Debtors located in the United Kingdom, France and Germany within thirty (30) calendar days after the Closing Date and (b) each applicable Dutch Borrower shall endeavor to satisfy the Additional Inventory Security Actions with respect to Inventory located in the United Kingdom that is owned by such Dutch Borrower within thirty (30) calendar days after the Closing Date; provided that the failure by any Borrower to take such Additional Account Security Actions and/or Additional Inventory Security Actions pursuant to this Section 8.13 shall not constitute a Default or an Event of Default and the effect of any such failure shall be limited to the impact, if any, on the eligibility of such Accounts or Inventory, as applicable, for inclusion in the applicable Borrowing Base pursuant to the rules set forth in the definitions of the terms "Eligible Accounts" and "Eligible Inventory".

Appears in 2 contracts

Samples: Second Restatement Agreement (SunOpta Inc.), Restatement Agreement (SunOpta Inc.)

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