Common use of Collateral In Possession of Third Parties Clause in Contracts

Collateral In Possession of Third Parties. To the extent that any Collateral is in the possession of any third party other than agencies of state and local governments or except in the ordinary course of business, the applicable Grantor shall join with the Agent in notifying such third party of the Agent’s security interest and shall make commercially reasonable efforts to obtain an acknowledgement from such third party that it is holding the Collateral for the benefit of the Agent.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Nestor Inc), Security Agreement (Nestor Inc), Securities Purchase Agreement (Nestor Inc)

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Collateral In Possession of Third Parties. To the extent that any Collateral is in the possession of any third party other than agencies of state and local governments or except in the ordinary course of business, the applicable Grantor shall join with the Agent in notifying such third party of the Agent’s 's security interest and shall make commercially reasonable efforts to obtain an acknowledgement from such third party that it is holding the Collateral for the benefit of the Agent.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Security Devices International Inc.), Securities Purchase Agreement

Collateral In Possession of Third Parties. To the extent that any Collateral is in the possession of any third party other than agencies of state and local governments or except in the ordinary course of businessparty, the applicable Grantor shall join with the Agent in notifying such third party of the Agent’s security interest and shall make commercially reasonable efforts to obtain an acknowledgement from such third party that it is holding the Collateral for the benefit of the Agent.

Appears in 2 contracts

Samples: Security Agreement (Vishay Precision Group, Inc.), Security Agreement (Vishay Precision Group, Inc.)

Collateral In Possession of Third Parties. To the extent that any Collateral is in the possession of any a third party other than agencies of state and local governments or except in the ordinary course of businessparty, the applicable Grantor shall will join with the Collateral Agent in notifying such the third party of the Agent’s Secured Parties' security interest and shall make commercially reasonable efforts to obtain in obtaining an acknowledgement from such the third party that it is holding the Collateral for the benefit of the AgentSecured Parties.

Appears in 2 contracts

Samples: Security Agreement (Alliance Pharmaceutical Corp), General Collateral Security Agreement (Alliance Pharmaceutical Corp)

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Collateral In Possession of Third Parties. To the extent that any Collateral is in the possession of any third party other than agencies of state and local governments or except in the ordinary course of businessparty, the applicable Grantor shall join with the Agent in notifying notify such third party of the Collateral Agent’s security interest in such Collateral and shall make commercially reasonable efforts to obtain an acknowledgement a Landlord/Warehousemen Agreement from such third party that it is holding the Collateral for the benefit of the AgentCollateral Agent to the extent required by the ABL Credit Agreement.

Appears in 1 contract

Samples: Security Agreement (New Enterprise Stone & Lime Co., Inc.)

Collateral In Possession of Third Parties. To the extent that any Collateral is in the possession of any third party other than agencies of state and local governments or except in the ordinary course of business, the applicable Grantor shall join with the Agent Trustee in notifying such third party of the Agent’s Trustee's security interest and shall make commercially reasonable efforts to obtain an acknowledgement from such third party that it is holding the Collateral for the benefit of the AgentTrustee.

Appears in 1 contract

Samples: Trust Indenture (Security Devices International Inc.)

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