Common use of Collateral Access Agreements Clause in Contracts

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 any warehouse, processor or converter facility or other location where Collateral is stored or located, 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 with respect to which the Administrative Agent has not received a Collateral Access Agreement, the Borrowers’ Eligible Inventory at that location shall be subject to such Reserves as may be established by the Administrative Agent. No real property or warehouse space shall be leased by such Grantor and no Inventory shall be shipped to a processor or converter under arrangements established after the Effective Date, unless such Grantor shall have used commercially reasonable efforts to obtain a Collateral Access Agreement with respect to such location and if it has not been obtained, the Borrowers’ 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.

Appears in 1 contract

Samples: Pledge and Security Agreement (CarParts.com, Inc.)

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Collateral Access Agreements. Such Each Grantor shall use commercially reasonable efforts to obtain a Collateral Access Agreement, Agreement from the lessor of each leased property, mortgagee of owned property or bailee or consignee with respect to any warehouse, processor or converter facility or other location where Collateral is stored or located, which agreement or letter shall provide access rights, rights and 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 with respect to which If the Administrative Agent has shall not have received a Collateral Access AgreementAgreement as to any such location, the Borrowers’ Eligible Inventory at that location shall be subject to such Reserves as may be established by the Administrative Agent. No After the Effective Date, no real property or warehouse space shall be leased by such any Grantor and no Inventory shall be shipped to a processor or converter under arrangements established after the Effective Date, Date unless such Grantor shall have used commercially reasonable efforts to obtain and until a satisfactory Collateral Access Agreement shall have been obtained with respect to such location location, and if it has not been obtained, the Borrowers’ Eligible Inventory at that location shall be subject to the establishment of Reserves acceptable to the Administrative Agent. Such Each 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.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Symmetry Holdings Inc)

Collateral Access Agreements. Such The 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 any warehouse, processor or converter facility or other location where Collateral is stored or located, 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 with respect to which leased as of the Closing Date and thereafter, if the Administrative Agent has not received a Collateral Access AgreementAgreement as of the Effective Date (or, if later, as of the date such location is acquired or leased), the Borrowers’ Grantor’s Eligible Inventory at that location shall be subject to such Reserves as may be established by the Administrative Agent. No After the Closing Date, no real property or warehouse space shall be leased by such the Grantor and no Inventory shall be shipped to a processor or converter under arrangements established after the Effective Closing Date, unless such Grantor shall have used commercially reasonable efforts to obtain and until a satisfactory Collateral Access Agreement shall first have been obtained with respect to such location and if it has not been obtained, the Borrowers’ Grantor’s Eligible Inventory at that location shall be subject to the establishment of Reserves acceptable to the Administrative Agent. Such The 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.

Appears in 1 contract

Samples: Pledge and Security Agreement (Bluestem Brands, Inc.)

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 any warehouse, processor or converter facility or other location where Collateral in excess of $2,000,000 in value is stored or located, 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 with respect to which leased as of the Closing Date and thereafter, if the Administrative Agent has not received a Collateral Access AgreementAgreement as of the Closing Date (or, if later, as of the date such location is acquired or leased), the Borrowers’ Borrower’s Eligible Inventory at that location shall be subject to such Reserves as may be established by the Administrative Agent. No After the Closing Date, either (x) no real property or warehouse space shall be leased by such Grantor and no Inventory shall be shipped to a processor or converter under arrangements established after the Effective Closing Date, unless such Grantor shall have used commercially reasonable efforts to obtain and until a satisfactory Collateral Access Agreement shall first have been obtained with respect to such location and location, or (y) if it a satisfactory Collateral Access Agreement has not been obtained, the Borrowers’ 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 in all material respects 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.

Appears in 1 contract

Samples: Pledge and Security Agreement (Aleris Corp)

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 any warehouse, processor or converter facility or other location where Collateral is stored or located, 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 with respect to which leased as of the Closing Date and thereafter, if the Administrative Agent has not received a Collateral Access AgreementAgreement as of the Effective Date (or, if later, as of the date such location is acquired or leased), the Borrowers’ Eligible Inventory at that location shall be subject to such Reserves as may be established by the Administrative Agent. No After the Closing Date, no real property or warehouse space shall be leased by such Grantor and no Inventory shall be shipped to a processor or converter under arrangements established after the Effective Closing Date, unless such Grantor shall have used commercially reasonable efforts to obtain and until a satisfactory Collateral Access Agreement shall first have been obtained with respect to such location and if it has not been obtained, the Borrowers’ Eligible Inventory at that location shall be subject to the establishment of Reserves acceptable to by the Administrative AgentAgent in its Permitted Discretion. 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.

Appears in 1 contract

Samples: Pledge and Security Agreement (Friedman Industries Inc)

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Collateral Access Agreements. Such Each 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 any warehouse, processor or converter facility or other location where Collateral is stored or located, 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 US Administrative Agent. With respect to such locations or warehouse space with respect to which leased as of the Closing Date and thereafter, if the US Administrative Agent has not received a Collateral Access AgreementAgreement as of the Effective Date (or, if later, as of the Borrowers’ date such location is acquired or leased), Borrower's Eligible Inventory at that location shall be subject to such Reserves as may be established by excluded from the Administrative AgentBorrowing Base. No After the Closing Date, no real property or warehouse space shall be leased by such Grantor the Grantors and no Inventory shall be shipped to a processor or converter under arrangements established after the Effective Closing Date, unless such Grantor shall have used commercially reasonable efforts to obtain and until a satisfactory Collateral Access Agreement shall first have been obtained with respect to such location and if it has not been obtained, the Borrowers' Eligible Inventory at that location shall be subject to excluded from the establishment of Reserves acceptable to the Administrative AgentBorrowing Base. Such Each 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.

Appears in 1 contract

Samples: Pledge and Security Agreement (Systemax Inc)

Collateral Access Agreements. Such Grantor shall use commercially reasonable efforts With respect to obtain a each Collateral Access Agreement, Agreement that a Grantor obtains from the lessor of each leased property, mortgagee of owned property or bailee or consignee with respect to any warehouse, processor processor, converter facility, store, distribution center, collection center or converter facility national product service center or other location where Collateral Inventory Held for Rent is stored or located, which such 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 Inventory at that location, and shall otherwise be reasonably satisfactory in form and substance to the Administrative Agent. The Collateral Access Agreement obtained with respect to the Specified Location 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 Inventory or Subject Agreements, and shall otherwise be reasonably satisfactory in form and substance to the Administrative Agent. With respect to such locations or warehouse space with respect to which leased as of the Amendment Effective Date and thereafter where Inventory Held for Rent is stored or located, if the Administrative Agent has not received a Collateral Access AgreementAgreement as of the Amendment Effective Date (or, if later, as of the date such location is acquired or leased), the Borrowers’ Borrower’s Eligible Inventory Held for Rent at that location shall be subject to such Reserves as may be established by the Administrative Agent. No real property or warehouse space shall be leased by such Grantor and no Inventory shall be shipped to a processor or converter under arrangements established after the Effective Date, unless such Grantor shall have used commercially reasonable efforts to obtain a Collateral Access Agreement with respect to such location and if it has not been obtained, the Borrowers’ 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 the Specified Location and each leased location or third party warehouse where any Collateral Inventory Held for Rent is or may be located.

Appears in 1 contract

Samples: Credit Agreement (Rent a Center Inc De)

Collateral Access Agreements. Such The 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 any warehouse, processor or converter facility or other location where Collateral is stored or located, 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 AgentLender. With respect to such locations or warehouse space with respect to which leased as of the Administrative Agent Effective Date and thereafter, if the Lender has not received a Collateral Access AgreementAgreement as of the Effective Date (or, if later, as of the Borrowers’ date such location is acquired or leased), Grantor’s Eligible Inventory at that location shall be subject to such Reserves as may be established by excluded from the Administrative AgentBorrowing Base. No After the Effective Date, no real property or warehouse space shall be leased by such the Grantor and no Inventory shall be shipped to a processor or converter under arrangements established after the Effective Date, unless such Grantor shall have used commercially reasonable efforts to obtain and until a satisfactory Collateral Access Agreement shall first have been obtained with respect to such location and if it has not been obtained, the Borrowers’ Grantor’s Eligible Inventory at that location shall be subject to excluded from the establishment of Reserves acceptable to the Administrative AgentBorrowing Base. Such The 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.

Appears in 1 contract

Samples: Pledge and Security Agreement (Koss Corp)

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