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

Collateral in the Possession of a Warehouseman or Bailee. If any of the Collateral at any time is in the possession of a warehouseman or bailee, the Borrower shall promptly notify the Bank thereof, and if requested by the Bank, shall promptly obtain an acknowledgement from the warehouseman or bailee, in form and substance satisfactory to the Bank, that the warehouseman or bailee holds such Collateral for the benefit of the Bank and shall act upon the instructions of the Bank, without the further consent of the Borrower.

Appears in 6 contracts

Samples: Loan and Security Agreement (Banyan Rail Services Inc.), Loan and Security Agreement (Bhit Inc), Loan and Security Agreement (Arlington Hospitality Inc)

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Collateral in the Possession of a Warehouseman or Bailee. If any of the Collateral at any time is in the possession of a warehouseman or bailee, the Borrower Borrowers shall promptly notify the Bank Lender thereof, and if requested by the Bank, shall promptly obtain an acknowledgement from agreement acceptable to Lender under which such person acknowledges the warehouseman or bailee, in form security interest of Lender and substance satisfactory to the Bank, that the warehouseman or bailee holds waives any liens held by such Collateral for the benefit of the Bank and shall act upon the instructions of the Bank, without the further consent of the Borrowerperson on such property.

Appears in 3 contracts

Samples: Loan and Security Agreement (Adcare Health Systems, Inc), Loan and Security Agreement (Adcare Health Systems Inc), Loan and Security Agreement (Adcare Health Systems Inc)

Collateral in the Possession of a Warehouseman or Bailee. If any of the Collateral at any time is in the possession of a warehouseman or bailee, the Borrower shall promptly notify the Bank Lender thereof, and if requested by the BankLender, shall promptly obtain an acknowledgement from the warehouseman or bailee, in form and substance reasonably satisfactory to the BankLender, that the warehouseman or bailee holds such Collateral for the benefit of the Bank Lender, as secured party, and shall act upon the instructions of the BankLender, without the further consent of the Borrower.

Appears in 3 contracts

Samples: Loan and Security Agreement (Dynatronics Corp), Loan and Security Agreement (Flux Power Holdings, Inc.), Loan and Security Agreement (Polar Power, Inc.)

Collateral in the Possession of a Warehouseman or Bailee. If any of the Collateral at any time is in the possession of a warehouseman or bailee, the Borrower shall promptly notify the Bank Lender thereof, and if requested by the Bank, shall promptly obtain a Collateral Access Agreement. The Lender agrees with the Borrower that the Lender shall not give any instructions to such warehouseman or bailee pursuant to such Collateral Access Agreement unless an acknowledgement from Event of Default has occurred and is continuing, or would occur after taking into account any action by the Borrower with respect to the warehouseman or bailee, in form and substance satisfactory to the Bank, that the warehouseman or bailee holds such Collateral for the benefit of the Bank and shall act upon the instructions of the Bank, without the further consent of the Borrower.

Appears in 3 contracts

Samples: Revolving Credit and Security Agreement (REX AMERICAN RESOURCES Corp), Revolving Credit and Security Agreement (Millennium Ethanol, LLC), And Security Agreement (Millennium Ethanol, LLC)

Collateral in the Possession of a Warehouseman or Bailee. If any of the Collateral at any time is in the possession of a warehouseman or bailee, the Borrower shall promptly notify the Bank thereof, and if requested shall use commercially reasonable efforts to obtain a Collateral Access Agreement. The Bank agrees with the Borrower that the Bank shall not give any instructions to such warehouseman or bailee pursuant to such Collateral Access Agreement unless an Event of Default has occurred and is continuing, or would occur after taking into account any action by the Bank, shall promptly obtain an acknowledgement from Borrower with respect to the warehouseman or bailee, in form and substance satisfactory to the Bank, that the warehouseman or bailee holds such Collateral for the benefit of the Bank and shall act upon the instructions of the Bank, without the further consent of the Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Atlas Financial Holdings, Inc.), Loan and Security Agreement (Atlas Financial Holdings, Inc.)

Collateral in the Possession of a Warehouseman or Bailee. If any of the Collateral at any time is in the possession of a warehouseman or bailee, the Borrower Borrowers shall promptly notify the Bank Lender thereof, and if requested by the Bank, shall promptly obtain a Collateral Access Agreement. Lender agrees with Borrowers that Lender shall not give any instructions to such warehouseman or bailee pursuant to such Collateral Access Agreement unless an acknowledgement from Event of Default has occurred and is continuing, or would occur after taking into account any action by Borrowers with respect to the warehouseman or bailee, in form and substance satisfactory to the Bank, that the warehouseman or bailee holds such Collateral for the benefit of the Bank and shall act upon the instructions of the Bank, without the further consent of the Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (BG Staffing, Inc.), Loan and Security Agreement (LTN Staffing, LLC)

Collateral in the Possession of a Warehouseman or Bailee. If any of the Collateral at any time is in the possession of a warehouseman or bailee, the Borrower Borrowers shall promptly notify the Bank thereof, and if requested by the Bank, shall promptly obtain a Collateral Access Agreement. The Bank agrees with the Borrowers that the Bank shall not give any instructions to such warehouseman or bailee pursuant to such Collateral Access Agreement unless an acknowledgement from Event of Default has occurred and is continuing, or would occur after taking into account any action by the Borrowers with respect to the warehouseman or bailee, in form and substance satisfactory to the Bank, that the warehouseman or bailee holds such Collateral for the benefit of the Bank and shall act upon the instructions of the Bank, without the further consent of the Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Smithway Motor Xpress Corp), Loan and Security Agreement (Lifeway Foods Inc)

Collateral in the Possession of a Warehouseman or Bailee. If any material portion of the Collateral at any time is in the possession of a warehouseman or bailee, the Borrower Debtor shall promptly notify the Bank thereof, and if requested by the Bank, shall promptly use commercially reasonable efforts at Bank’s request to obtain an acknowledgement from a Collateral Access Agreement. If any Inventory to be counted as Eligible Inventory is in the possession of a warehouseman or bailee, in form and substance satisfactory to the Bank, that Debtor shall comply with the warehouseman or bailee holds such Collateral for the benefit terms of the Bank and shall act upon the instructions of the Bank, without the further consent of the BorrowerLoan Agreement with respect thereto.

Appears in 1 contract

Samples: Security Agreement (Venus Concept Inc.)

Collateral in the Possession of a Warehouseman or Bailee. If any of the Collateral at any time is in the possession of a warehouseman or bailee, the Borrower shall promptly notify the Bank Agent thereof, and if requested by the BankAgent, shall promptly obtain an acknowledgement acknowledgment from the warehouseman or bailee, in form and substance satisfactory to the BankAgent, that the warehouseman or bailee holds such Collateral for the benefit of the Bank Agent and shall act upon the instructions of the BankAgent, without the further consent of the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Medirect Latino Inc)

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Collateral in the Possession of a Warehouseman or Bailee. If any of the material Collateral at any time is in the possession of a warehouseman or bailee, the Borrower shall promptly notify the Bank thereof, and if requested by and, upon the request of the Bank, shall promptly obtain an acknowledgement from the warehouseman or bailee, a collateral access agreement in form and substance satisfactory reasonably acceptable to the Bank, that the warehouseman or bailee holds such Collateral for the benefit of the Bank and shall act upon the instructions of the Bank, without the further consent of the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Global Energy, Inc.)

Collateral in the Possession of a Warehouseman or Bailee. If any of the Collateral at any time is in the possession of a warehouseman or bailee, the Borrower shall promptly notify the Bank thereof, and if requested by the Bank, shall promptly use its reasonable best efforts to obtain a Collateral Access Agreement. The Bank agrees with Borrower that the Bank shall not give any such instructions unless an acknowledgement from Event of Default has occurred and is continuing or would occur after taking into account any action by Borrower with respect to the warehouseman or bailee, in form and substance satisfactory to the Bank, that the warehouseman or bailee holds such Collateral for the benefit of the Bank and shall act upon the instructions of the Bank, without the further consent of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Integrity Media Inc)

Collateral in the Possession of a Warehouseman or Bailee. If any of the Collateral at any time is in the possession of a warehouseman or bailee, the Borrower shall promptly notify the Bank thereof, and if requested by the Bank, shall promptly obtain a Collateral Access Agreement. The Bank agrees with the Borrower that the Bank shall not give any instructions to such warehouseman or bailee pursuant to such Collateral Access Agreement unless an acknowledgement from Event of Default has occurred and is continuing, or would occur after taking into account any action by the Borrower with respect to the warehouseman or bailee, in form and substance satisfactory to the Bank, that the warehouseman or bailee holds such Collateral for the benefit of the Bank and shall act upon the instructions of the Bank, without the further consent of the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Cti Industries Corp)

Collateral in the Possession of a Warehouseman or Bailee. If any of the Collateral at any time is in the possession of a warehouseman or bailee, the Borrower shall promptly notify the Bank thereof, and if requested by the Bank, shall promptly obtain a Collateral Access Agreement. The Bank agrees with the Borrower that the Bank shall not give any instructions to such warehouseman or bailee pursuant to such Collateral Access Agreement unless an acknowledgement from Event of Default has occurred and is continuing or would occur after taking into account any action by the Borrower with respect to the warehouseman or bailee, in form and substance satisfactory to the Bank, that the warehouseman or bailee holds such Collateral for the benefit of the Bank and shall act upon the instructions of the Bank, without the further consent of the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Rockwell Medical Technologies Inc)

Collateral in the Possession of a Warehouseman or Bailee. If any of the Collateral at any time is in the possession of a warehouseman or bailee, the Borrower shall promptly notify the Bank Lender thereof, and if requested by the BankLender, shall promptly obtain an acknowledgement from the warehouseman or bailee, in form and substance satisfactory to the BankLender, that the warehouseman or bailee holds such Collateral for the benefit of the Bank Lender, as secured party, and shall act upon the instructions of the BankLender, without the further consent of the Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Chromcraft Revington Inc)

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