Common use of Collateral in the Possession of a Bailee Clause in Contracts

Collateral in the Possession of a Bailee. If any goods are at any time in the possession of a bailee, Borrower will promptly notify Lender thereof and, if requested by Lender, will promptly obtain an acknowledgment from the bailee, in form and substance satisfactory to Lender, that the bailee holds such Collateral for the benefit of Lender and will act upon the instructions of Lender, without the further consent of Borrower.

Appears in 4 contracts

Samples: Security Agreement (Advanced BioEnergy, LLC), Security Agreement (Great Plains Ethanol LLC), Security Agreement (Golden Grain Energy)

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Collateral in the Possession of a Bailee. If any goods are property constituting Collateral is at any time in the possession of a bailee, Borrower will shall promptly notify Lender Investor thereof and, if requested by LenderInvestor, will shall promptly obtain an acknowledgment acknowledgement from the bailee, in form and substance satisfactory to LenderInvestor in its discretion reasonably exercised, that the bailee holds such Collateral for the benefit of Lender Investor and will shall act upon the instructions of LenderInvestor, without the further consent of Borrower.

Appears in 4 contracts

Samples: Loan Agreement (Dyax Corp), Loan Agreement (Dyax Corp), Loan Agreement (Dyax Corp)

Collateral in the Possession of a Bailee. If any goods are at any time in the possession of a bailee, Borrower will the Company shall promptly notify Lender the Lenders thereof and, if requested by Lenderthe Lenders, will shall promptly obtain an acknowledgment from the bailee, in form and substance satisfactory to Lenderthe Lenders, that the bailee holds such Collateral for the benefit of Lender the Lenders and will shall act upon the instructions of Lenderthe Lenders, without the further consent of Borrowerthe Company.

Appears in 3 contracts

Samples: Security Agreement (Converted Organics Inc.), Security Agreement (Smart Move, Inc.), Security Agreement (Future Now Group Inc.)

Collateral in the Possession of a Bailee. If any goods are at any time in the possession of a bailee, Borrower will the Debtor shall promptly notify Lender the Bank thereof and, if requested by Lenderthe Bank, will shall promptly obtain an acknowledgment from the bailee, in form and substance satisfactory to Lenderthe Bank, that the bailee holds such Collateral for the benefit of Lender the Bank and will shall act upon the instructions of Lenderthe Bank, without the further consent of Borrowerthe Debtor.

Appears in 2 contracts

Samples: Loan and Security Agreement (CHDT Corp), Loan and Security Agreement (Coffee Holding Co Inc)

Collateral in the Possession of a Bailee. If any goods are bailee at any time in the possession of a baileepossesses any Collateral, Borrower will then Obligors shall promptly notify Lender Bank thereof and, if requested by Lenderat Bank’s request and option, will shall promptly obtain an acknowledgment acknowledgement from the bailee, in form and substance satisfactory to LenderBank, that the bailee holds such Collateral for the benefit of Lender Bank, and will act upon the instructions of Lenderthat such bailee agrees to comply, without the further consent of Borrowerany Obligor, with instructions from Bank as to such Collateral.

Appears in 2 contracts

Samples: Loan and Security Agreement (Teavana Holdings Inc), Loan and Security Agreement (Teavana Holdings Inc)

Collateral in the Possession of a Bailee. If any goods Goods are at any time in the possession of a bailee, Borrower will shall promptly notify Lender Collateral Agent thereof and, if requested by LenderCollateral Agent, will shall promptly obtain an acknowledgment acknowledgement from the bailee, in form and substance satisfactory to LenderCollateral Agent, that the bailee holds such Collateral for the benefit of Lender Collateral Agent and will shall act upon the instructions of LenderCollateral Agent, without the further consent of Borrower.

Appears in 1 contract

Samples: Security Agreement (Familymeds Group, Inc.)

Collateral in the Possession of a Bailee. If any goods are Collateral is at any time in the possession of a bailee, Borrower will the Company shall promptly notify the Lender thereof and, if requested by at the Lender's request and option, will shall promptly obtain an acknowledgment acknowledgement from the bailee, in form and substance satisfactory to the Lender, that the bailee holds such Collateral for the benefit of the Lender and will act upon the instructions of Lendersuch bailee's agreement to comply, without the further consent of Borrowerthe Company, at any time with instructions of the Lender as to such Collateral.

Appears in 1 contract

Samples: Security Agreement (Faraday Financial Inc)

Collateral in the Possession of a Bailee. If any goods are at any time in the possession of a bailee, Borrower will the Company shall promptly notify Lender the Lenders thereof and, if requested by Lenderthe Lenders while an Event of Default exists, will shall promptly obtain an acknowledgment from the bailee, in form and substance satisfactory to Lenderthe Lenders, that the bailee holds such Collateral for the benefit of Lender the Lenders and will shall act upon the instructions of Lenderthe Lenders, without the further consent of Borrowerthe Company.

Appears in 1 contract

Samples: Security Agreement (Infosmart Group, Inc.)

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Collateral in the Possession of a Bailee. If any goods are Collateral is at any time in the possession of a bailee, the Borrower will shall promptly notify the Lender thereof and, if requested by at the Lender’s request and option, will shall promptly obtain an acknowledgment acknowledgement from the bailee, in form and substance satisfactory to the Lender, that the bailee holds such Collateral for the benefit of Lender and will act upon the instructions of Lender, and that such bailee agrees to comply, without the further consent of the Borrower, with instructions from the Lender as to such Collateral.

Appears in 1 contract

Samples: Loan and Security Agreement (IEG Holdings Corp)

Collateral in the Possession of a Bailee. If any goods are Collateral is, now or at any time hereafter, in the possession of a bailee, Borrower will Borrowers shall promptly notify the Lender thereof and, if requested by at the Lender’s request and option, will shall promptly obtain an a bailee acknowledgment from the bailee, and access agreement in form and substance reasonably satisfactory to the Lender, that the bailee holds such Collateral for the benefit of Lender and will act upon the instructions of Lender, without the further consent of Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Diomed Holdings Inc)

Collateral in the Possession of a Bailee. If any goods are Collateral is now or at any time hereafter in the possession of a bailee, Borrower will shall promptly notify Lender thereof and, if requested by at Lender's request and option, will shall promptly obtain an acknowledgment acknowledgement from the bailee, in form and substance satisfactory to Lender, that the bailee holds such Collateral for the benefit of Lender and will act upon the instructions of Lendersuch bailee's agreement to comply, without the further consent of Borrower, at any time with instructions of Lender as to such Collateral.

Appears in 1 contract

Samples: Security Agreement (Edac Technologies Corp)

Collateral in the Possession of a Bailee. If any goods are property constituting Collateral is at any time in the possession of a bailee, Borrower will shall promptly notify Lender thereof and, if requested by Lender, will shall promptly obtain an acknowledgment acknowledgement from the bailee, in form and substance satisfactory to LenderLender in its discretion reasonably exercised, that the bailee holds such Collateral for the benefit of Lender and will shall act upon the instructions of Lender, without the further consent of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Dyax Corp)

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