Common use of Collateral Impairment Clause in Contracts

Collateral Impairment. The entry of any judgment, decree, levy, attachment, garnishment or other process, or the filing of any Lien against, any of the Collateral or any collateral under a separate security agreement securing any of the Obligations, but only to the extent any such judgment or other process could result in a Material Adverse Effect, and such judgment or other process shall not have been, within thirty (30) days from the entry thereof: (i) bonded over to the satisfaction of Lender and appealed; (ii) vacated; or (iii) discharged, or the loss, theft, destruction, seizure or forfeiture, or the occurrence of any material deterioration or impairment of any of the Collateral or any of the Collateral under any security agreement securing any of the Obligations, or any material decline or depreciation in the value or market price thereof (whether actual or reasonably anticipated), which causes the Collateral, in the sole opinion of Lender acting in good faith, to become unsatisfactory as to value or character, or which causes Lender to reasonably believe that it is insecure and that the likelihood for repayment of the Obligations is or will soon be impaired, time being of the essence. The cause of such deterioration, impairment, decline or depreciation shall include, but is not limited to, the failure by the Credit Parties to do any act deemed reasonably necessary by Lender to preserve and maintain the value and collectability of the Collateral.

Appears in 1 contract

Sources: Senior Secured Revolving Credit Facility Agreement (Pulse Network, Inc.)

Collateral Impairment. The entry of any judgment, decree, levy, attachment, garnishment or other process, or the filing of any Lien against, any of the Collateral or any collateral under a separate security agreement securing any of the Obligations, but only to which in the extent any such Bank’s reasonable judgment or other process could result in may have a Material Adverse Effect, . and such judgment or other process shall not have been, within thirty (30) days day from the entry thereof: , (i) bonded over to the satisfaction of Lender the Bank and appealed; , (ii) vacated; , or (iii) discharged, or the loss, theft, destruction, seizure or forfeiture, or the occurrence of any material deterioration or impairment of any of the Collateral or any of the Collateral collateral under any security agreement securing any of the Obligations, or any material decline or depreciation in the value or market price thereof (whether actual or reasonably anticipated), which causes the Collateral, in the sole opinion of Lender the Bank acting in good faith, to become unsatisfactory as to value or character, or which causes Lender the Bank to reasonably believe that it is insecure and that the likelihood for repayment of the Obligations is or will soon be impaired, time being of the essence. The cause of such deterioration, impairment, decline or depreciation shall include, but is not limited to, the failure by the Credit Parties Borrowers to do any act deemed reasonably necessary by Lender the Bank to preserve and maintain the value and collectability of the Collateral.

Appears in 1 contract

Sources: Loan and Security Agreement (Lifeway Foods Inc)

Collateral Impairment. The entry of any judgment, decree, levy, attachment, garnishment or other process, or the filing of any Lien (other than Permitted Liens) against, any of the Collateral or any collateral under a separate security agreement securing any of the Obligations, but only to the extent any such judgment or other process could result in a Material Adverse Effect, Obligations and such judgment or other process shall not have been, within thirty (30) days from the entry thereof: , (i) bonded over to the satisfaction of the Lender and appealed; , (ii) vacated; , or (iii) discharged, or the loss, theft, destruction, seizure or forfeiture, or the occurrence of any material deterioration or impairment of any of the Collateral or any of the Collateral collateral under any security agreement securing any of the Obligations, or any material decline or depreciation in the value or market price thereof (whether actual or reasonably anticipated), which causes the Collateral, in the sole opinion of the Lender acting in good faith, to become unsatisfactory as to value or character, or which causes the Lender to reasonably believe that it is insecure and that the likelihood for repayment of the Obligations is or will soon be impaired, time being of the essence. The cause of such deterioration, impairment, decline or depreciation shall include, but is not limited to, the failure by the Credit Parties any Loan Party to do any act deemed reasonably necessary by the Lender to preserve and maintain the value and collectability of the Collateral.

Appears in 1 contract

Sources: Loan and Security Agreement (Starco Brands, Inc.)

Collateral Impairment. The entry of any judgment, decree, levy, attachment, garnishment or other process, or the filing of any Lien (other than Permitted Liens) against, any of the Collateral or any collateral under a separate security agreement securing any of the Obligations, but only to the extent any such judgment or other process could result in a Material Adverse Effect, Obligations and such judgment or other process shall not have been, within thirty (30) days from the entry thereof: , (i) bonded over to the satisfaction of Lender and appealed; , (ii) vacated; , or (iii) discharged, or the loss, theft, destruction, seizure or forfeiture, or the occurrence of any material deterioration or impairment of any of the Collateral or any of the Collateral collateral under any security agreement securing any of the Obligations, or any material decline or depreciation in the value or market price thereof (whether actual or reasonably anticipated), which causes the Collateral, in the sole but reasonable opinion of Lender acting in good faith, to become unsatisfactory as to value or character, or which causes Lender to reasonably believe that it is insecure and that the likelihood for repayment of the Obligations is or will soon be impaired, time being of the essence. The cause of such deterioration, impairment, decline or depreciation shall include, but is not limited to, the failure by the Credit Parties to do any act deemed reasonably necessary by Lender to preserve and maintain the value and collectability of the Collateral.

Appears in 1 contract

Sources: Credit Agreement (Esports Technologies, Inc.)