Common use of Commercial Tort Claims Clause in Contracts

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 10 contracts

Samples: Loan and Security Agreement (Americas Carmart Inc), Loan and Security Agreement (Summer Infant, Inc.), Loan and Security Agreement (Hydrofarm Holdings Group, Inc.)

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Commercial Tort Claims. Obligors Borrower Agent shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentAgent (for the benefit of Secured Parties).

Appears in 8 contracts

Samples: Loan and Security Agreement (P&f Industries Inc), Loan and Security Agreement (P&f Industries Inc), Loan and Security Agreement (P&f Industries Inc)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentAgent (for the benefit of Secured Parties).

Appears in 7 contracts

Samples: Loan and Security Agreement (Olympic Steel Inc), Loan and Security Agreement (Olympic Steel Inc), Loan and Security Agreement (Olympic Steel Inc)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default existshas occurred and is continuing, a Commercial Tort Claim for less than $100,0001,000,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent reasonably deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentAgent (subject only to any Lien of the Obligor’s attorney arising by operation of law).

Appears in 6 contracts

Samples: Abl Loan and Security Agreement (Rocky Brands, Inc.), Loan and Security Agreement (Rocky Brands, Inc.), Loan and Security Agreement (Rocky Brands, Inc.)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim for which a claim has been asserted (other than, as long as no Default or Event of Default exists, than a Commercial Tort Claim for less than $100,000750,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 6 contracts

Samples: First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 4 contracts

Samples: Loan and Security Agreement (Mynd.ai, Inc.), Loan and Security Agreement (Radiant Logistics, Inc), Loan and Security Agreement (Americas Carmart Inc)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any US Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to include such claimclaims in excess of $100,000, and upon the request of the Agent, and shall take such commercially reasonable actions as Agent deems appropriate necessary in its Permitted Discretion to subject such claim to a duly perfected, first priority Lien (subject to Permitted Liens) in favor of Agent.

Appears in 3 contracts

Samples: Loan, Guaranty and Security Agreement (Turtle Beach Corp), Loan, Guaranty and Security Agreement (Turtle Beach Corp), Loan Agreement (Turtle Beach Corp)

Commercial Tort Claims. Obligors The Borrowers shall promptly notify the Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000)500,000) and, upon the Agent’s request, shall promptly amend Schedule 9.1.16 to include execute such claim, documents and shall take such actions as the Agent deems appropriate to subject such claim to confer upon the Agent (for the benefit of the Secured Parties) a duly perfected, first priority Lien in favor of Agentupon such claim.

Appears in 3 contracts

Samples: Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc)

Commercial Tort Claims. Obligors Borrower shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000)) and, upon Agent’s request, shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to confer upon Agent (for the benefit of Secured Parties) a duly perfected, first priority Lien in favor of Agentupon such claim.

Appears in 3 contracts

Samples: Term Loan and Security Agreement (Sport Chalet Inc), Loan and Security Agreement (Sport Chalet Inc), Loan and Security Agreement (Sport Chalet Inc)

Commercial Tort Claims. Obligors Obligor shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 3 contracts

Samples: Loan and Security Agreement (Super Micro Computer, Inc.), Loan and Security Agreement (Super Micro Computer, Inc.), Loan and Security Agreement (Super Micro Computer, Inc.)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor has Borrower obtains knowledge that it holds a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000)1,000,000) and, upon Agent’s request, shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to confer upon Agent (for the benefit of Secured Parties) a duly perfected, first priority Lien in favor of Agentupon such claim.

Appears in 3 contracts

Samples: Loan and Security Agreement (Commercial Vehicle Group, Inc.), Loan and Security Agreement (Commercial Vehicle Group, Inc.), Loan and Security Agreement (Commercial Vehicle Group, Inc.)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000)250,000) and, upon Agent’s request, shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to confer upon Agent (for the benefit of Secured Parties) a duly perfected, first priority Lien in favor of Agentupon such claim.

Appears in 3 contracts

Samples: Loan and Security Agreement (Alon USA Energy, Inc.), Loan and Security Agreement (Nautilus, Inc.), Loan and Security Agreement (Alon USA Energy, Inc.)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, (subject to the priorities established in the Intercreditor Agreement) first priority Lien in favor of AgentAgent (for the benefit of Secured Parties).

Appears in 3 contracts

Samples: Loan and Security Agreement (Headwaters Inc), Loan and Security Agreement (Headwaters Inc), Loan and Security Agreement (Headwaters Inc)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any Obligor Obligors has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 3 contracts

Samples: Term Loan, Guaranty and Security Agreement (Turtle Beach Corp), Loan, Guaranty and Security Agreement (Parametric Sound Corp), Loan, Guaranty and Security Agreement (Parametric Sound Corp)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,0001,000,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent, subject to Permitted Liens.

Appears in 3 contracts

Samples: Loan, Security and Guaranty Agreement (Quintana Energy Services Inc.), Loan, Security and Guaranty Agreement (Quintana Energy Services Inc.), Loan, Security and Guaranty Agreement (Quintana Energy Services Inc.)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,0005,000,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentAgent for the benefit of the Secured Parties.

Appears in 3 contracts

Samples: Loan Agreement (Conns Inc), Loan Agreement (Conns Inc), Loan and Security Agreement (Conns Inc)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 8.1.15 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 3 contracts

Samples: Loan and Security Agreement (Chicago Atlantic Real Estate Finance, Inc.), Loan and Security Agreement (Chicago Atlantic Real Estate Finance, Inc.), Loan and Security Agreement (Chicago Atlantic Real Estate Finance, Inc.)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000500,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentAgent (subject only to the Lien in favor of the Term Loan Agent and any other Permitted First Lien Debt on such claim).

Appears in 3 contracts

Samples: Loan Agreement (School Specialty Inc), Loan Agreement (School Specialty Inc), Loan Agreement (School Specialty Inc)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim for which a claim has been asserted (other than, as long as no Default or Event of Default exists, than a Commercial Tort Claim for less than $100,000)250,000, shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 3 contracts

Samples: Loan and Security Agreement (Bespoke Capital Acquisition Corp), Loan and Security Agreement (Vintage Wine Estates, Inc.), Loan and Security Agreement (Bespoke Capital Acquisition Corp)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentAgent (for the benefit of Secured Parties).

Appears in 2 contracts

Samples: Loan and Security Agreement (Americas Carmart Inc), Loan and Security Agreement (Akorn Inc)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 9.1.16(b) to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 2 contracts

Samples: Loan and Security Agreement (Arctic Cat Inc), Loan and Security Agreement (Arctic Cat Inc)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if upon any Obligor has Obligor’s obtaining a Commercial Tort Claim (other than, as for so long as no Default or Event of Default exists, a Commercial Tort Claim for that is less than $100,000)1,000,000) after the Closing Date against any Person and, shall upon Agent’s written request, promptly amend Schedule 9.1.16 execute such instruments or agreements and do such other acts or things reasonably deemed appropriate by Agent to include confer upon Agent (for the benefit of Secured Parties) a security interest in each such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentCommercial Tort Claim.

Appears in 2 contracts

Samples: Loan and Security Agreement (Enpro Industries, Inc), Loan and Security Agreement (Enpro Industries, Inc)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000)500,000) and, upon Agent’s request, shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent reasonably deems appropriate to subject such claim to confer upon Agent (for the benefit of Secured Parties) a duly perfected, first priority Lien in favor of Agentupon such claim.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hypercom Corp), Loan and Security Agreement (Hypercom Corp)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,0005,000,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions actions, subject to the Intercreditor Agreement, as Agent deems appropriate to subject such claim to a duly perfected, first priority perfected Lien in favor of AgentAgent (for the benefit of Secured Parties).

Appears in 2 contracts

Samples: Loan and Security Agreement (Spansion Inc.), Loan and Security Agreement

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower or Guarantor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000)) and, upon Agent’s request, shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent reasonably deems appropriate to subject such claim to confer upon Agent (for the benefit of Secured Parties) a duly perfected, first priority Lien in favor of Agentupon such claim.

Appears in 2 contracts

Samples: Loan and Security Agreement (Movado Group Inc), Loan and Security Agreement (Movado Group Inc)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000)) and, upon Agent’s request, shall promptly amend Schedule 9.1.16 to include execute such claim, documents and shall take such actions as Agent deems appropriate to subject such claim to confer upon Agent (for the benefit of Secured Parties) a duly perfected, first priority Lien in favor of Agentupon such claim.

Appears in 2 contracts

Samples: Loan and Security Agreement (Chromcraft Revington Inc), Loan and Security Agreement (Modtech Holdings Inc)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,0001,000,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien upon such claim in favor of Agent.

Appears in 2 contracts

Samples: Loan and Security Agreement (Houston Wire & Cable CO), Loan and Security Agreement (Houston Wire & Cable CO)

Commercial Tort Claims. Obligors Borrower shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000200,000), shall promptly amend Schedule 9.1.16 7 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentAgent (for the benefit of Secured Parties).

Appears in 2 contracts

Samples: Loan and Security Agreement (Flat Rock Core Income Fund), Loan and Security Agreement (Flat Rock Capital Corp.)

Commercial Tort Claims. Obligors Guarantors shall promptly notify Agent in writing if any Obligor Guarantor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 2.5(a) to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfectedperfected (subject to the priorities established in the Intercreditor Agreement), first priority Lien in favor of AgentAgent (for the benefit of Secured Parties).

Appears in 2 contracts

Samples: Loan and Security Agreement (Headwaters Inc), Loan and Security Agreement (Headwaters Inc)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any US Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to include such claimclaims in excess of $100,000, and upon the request of the Agent, shall take such commercially reasonable actions as Agent deems appropriate necessary to subject such claim to a duly perfected, first priority Lien (subject to Permitted Liens) in favor of Agent.

Appears in 2 contracts

Samples: Term Loan, Guaranty and Security Agreement, Term Loan, Guaranty and Security Agreement (Turtle Beach Corp)

Commercial Tort Claims. Obligors U.S. Borrowers shall promptly notify Agent in writing if any U.S. Domiciled Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, than a Commercial Tort Claim for less than $100,00010,000,000), shall promptly amend Schedule 9.1.16 9.1.20 to include such claim, and shall take such actions as Agent reasonably deems appropriate to subject such claim to a duly perfected, first priority (subject to the terms of the Intercreditor Agreement) Lien in favor of Agent.

Appears in 2 contracts

Samples: Loan and Security Agreement (Topgolf Callaway Brands Corp.), Loan Agreement (Topgolf Callaway Brands Corp.)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,00050,000), shall promptly amend Schedule 9.1.16 7 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentAgent (for the benefit of Secured Parties).

Appears in 2 contracts

Samples: Loan and Security Agreement (SWK Holdings Corp), Loan and Security Agreement (SWK Holdings Corp)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000500,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority First Priority Lien in favor of AgentAgent (for the benefit of Secured Parties).

Appears in 2 contracts

Samples: Loan and Security Agreement (AGY Holding Corp.), Loan and Security Agreement (AGY Holding Corp.)

Commercial Tort Claims. Obligors Each Obligor shall promptly notify Agent in writing if any Obligor it has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000)) and, upon Agent's request, shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to confer upon Agent (for the benefit of Secured Parties) a duly perfected, first priority Lien in favor of Agentupon such claim.

Appears in 2 contracts

Samples: Credit Agreement (Covenant Transportation Group Inc), Credit Agreement (Covenant Transportation Group Inc)

Commercial Tort Claims. Obligors Borrower shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000500,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 2 contracts

Samples: Loan Agreement (School Specialty Inc), Loan Agreement (School Specialty Inc)

Commercial Tort Claims. U.S. Obligors shall promptly notify Agent in writing if any such Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Hydrofarm Holdings Group, Inc.)

Commercial Tort Claims. Obligors Borrower shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems DM3\8972795.2 appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentAgent (subject to Permitted Liens).

Appears in 1 contract

Samples: Loan and Security Agreement (Stonemor Inc.)

Commercial Tort Claims. Obligors shall promptly notify Agent Lender in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), 4,000,000) shall promptly amend Schedule 9.1.16 8.1.15 to include such claim, and shall take such actions as Agent Lender deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentLender.

Appears in 1 contract

Samples: Loan, Security and Guaranty Agreement (Select Interior Concepts, Inc.)

Commercial Tort Claims. Obligors Borrower Agent shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,0001,000,000), shall promptly amend Schedule 9.1.16 7.1 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfectedperfected first or, first if in accordance with the requirements of the Intercreditor Agreement, second priority Lien in favor of Agent.

Appears in 1 contract

Samples: Loan, Security and Guaranty Agreement (Willbros Group, Inc.\NEW\)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000500,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent reasonably deems appropriate to subject such claim to a duly perfected, first priority (or second priority, to the extent such Property is Senior Notes Priority Collateral) Lien in favor of Agent.. Certain After-

Appears in 1 contract

Samples: Loan and Security Agreement (Us Concrete Inc)

Commercial Tort Claims. Obligors Guarantors shall promptly notify Agent in writing if any Obligor Guarantor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000)250,000) and, upon Agent’s request, shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to confer upon Agent (for the benefit of Secured Parties) a duly perfected, first priority Lien in favor of Agentupon such claim.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Merix Corp)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentAgent (for the benefit of Secured Parties).

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Trident Microsystems Inc)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000500,000), shall promptly amend Schedule 9.1.16 9.8 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Casella Waste Systems Inc)

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Commercial Tort Claims. Obligors shall promptly notify Administrative Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), 5,000,000) and shall promptly amend Schedule 9.1.16 to include execute such claim, documents and shall take such actions as Administrative Agent deems appropriate to subject such claim to confer upon Administrative Agent (for the benefit of Secured Parties) a duly perfected, first second priority Lien in favor of Agentupon such claim.

Appears in 1 contract

Samples: Loan and Security Agreement (Spectrum Brands, Inc.)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000500,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent reasonably deems appropriate to subject such claim to a duly perfected, first priority (or second priority, to the extent such Property is Convertible Notes Priority Collateral) Lien in favor of Agent.

Appears in 1 contract

Samples: Loan Agreement (Us Concrete Inc)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000110,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 1 contract

Samples: Subordination Agreement (Radiant Logistics, Inc)

Commercial Tort Claims. Obligors shall promptly notify Agent Lender in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 8.1.15 to include such claim, and shall take such actions as Agent Lender deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Revolution Lighting Technologies, Inc.)

Commercial Tort Claims. Obligors shall promptly notify Agent within 90 days in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 7.4.1 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 1 contract

Samples: Loan Agreement (BIG 5 SPORTING GOODS Corp)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if upon any Obligor has Obligor’s obtaining a Commercial Tort Claim (other than, as for so long as no Default or Event of Default exists, a Commercial Tort Claim for that is less than $100,000)) after the Closing Date against any Person and, shall upon Agent’s written request, promptly amend Schedule 9.1.16 execute such instruments or agreements and do such other acts or things deemed appropriate by Agent to include confer upon Agent (for the benefit of Secured Parties) a security interest in each such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentCommercial Tort Claim.

Appears in 1 contract

Samples: Loan and Security Agreement (Mastec Inc)

Commercial Tort Claims. Obligors Each Obligor shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000500,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Innerworkings Inc)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 of the Disclosure Certificate to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (Applied Optoelectronics, Inc.)

Commercial Tort Claims. Obligors shall promptly notify Agent Lender in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 8.1.15 to include such claim, and shall take such actions as Agent Lender deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Select Interior Concepts, Inc.)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentAgent (for the benefit of Secured Parties).

Appears in 1 contract

Samples: Loan and Security Agreement (Frozen Food Express Industries Inc)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim relating to any Account or Inventory (other than, as long as no Default or Event of Default exists, a any such Commercial Tort Claim for less than $100,000)10,000,000) and, for claims greater than $20,000,000, upon Agent’s request, shall promptly amend Schedule 9.1.16 to include execute such claim, documents and shall take such actions as Agent deems appropriate to subject such claim to confer upon Agent (for the benefit of Secured Parties) a duly perfected, first priority Lien in favor of Agentupon such claim.

Appears in 1 contract

Samples: Loan and Security Agreement (Kellwood Co)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000500,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien (subject to Permitted Liens) in favor of Agent.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (ArcLight Clean Transition Corp.)

Commercial Tort Claims. Obligors Borrowers and Guarantors shall promptly notify Agent in writing if any Obligor Borrower or any Guarantor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,0001,000,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.. 133315237_8

Appears in 1 contract

Samples: Loan Agreement (Inari Medical, Inc.)

Commercial Tort Claims. Obligors Each Obligor shall promptly notify Agent in writing if any such Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,0001,000,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Skechers Usa Inc)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.. ​ ​ ​

Appears in 1 contract

Samples: Loan and Security Agreement (Adara Acquisition Corp.)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000250,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (GEE Group Inc.)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if upon any Obligor has Obligor's obtaining a Commercial Tort Claim (other than, as for so long as no Default or Event of Default exists, a Commercial Tort Claim for that is less than $100,000)) after the Closing Date against any Person and, shall upon Agent's written request, promptly amend Schedule 9.1.16 execute such instruments or agreements and do such other acts or things deemed appropriate by Agent to include confer upon Agent (for the benefit of Secured Parties) a security interest in each such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentCommercial Tort Claim.

Appears in 1 contract

Samples: Loan and Security Agreement (Mastec Inc)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000500,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent reasonably deems appropriate to subject such claim to a duly perfected, first priority (or second priority, to the extent such Property is Senior Notes Priority Collateral) Lien in favor of Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Us Concrete Inc)

Commercial Tort Claims. Obligors Each Obligor shall promptly notify Agent in writing if any such Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000250,000 individually or in the aggregate), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first second priority Lien in favor of AgentAgent (for the benefit of Secured Parties).

Appears in 1 contract

Samples: Intercreditor Agreement (Cross Country Healthcare Inc)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, than a Commercial Tort Claim for less than $100,0001,000,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Calix, Inc)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000500,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent reasonably deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.(or second priority, to the

Appears in 1 contract

Samples: Loan and Security Agreement (Us Concrete Inc)

Commercial Tort Claims. Obligors Borrowers shall promptly notify Agent in writing if any Obligor Borrower has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000500,000), shall promptly amend Schedule 9.1.16 8.1.19 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentAgent (for the benefit of Lenders).

Appears in 1 contract

Samples: Loan and Security Agreement (Standard Register Co)

Commercial Tort Claims. Obligors Each Obligor shall promptly notify Agent in writing if any Obligor it has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000)) and, upon Agent’s request, shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to confer upon Agent (for the benefit of Secured Parties) a duly perfected, first priority Lien in favor of Agentupon such claim.

Appears in 1 contract

Samples: Credit Agreement (Covenant Logistics Group, Inc.)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000120,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentAgent (subject to the Liens of the First Lien Agent to the extent provided in the Intercreditor Agreement).

Appears in 1 contract

Samples: Subordination Agreement (Summer Infant, Inc.)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), shall promptly amend Schedule 9.1.16 to the Disclosure Letter to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Infinera Corp)

Commercial Tort Claims. Obligors shall promptly notify Agent Lender in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000), 100,000),2,000,000) shall promptly amend Schedule 9.1.16 8.1.15 to include such claim, and shall take such actions as Agent Lender deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of AgentLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Select Interior Concepts, Inc.)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,0001,000,000), shall promptly amend Schedule 9.1.16 to include such claim, and shall take such actions as Agent deems appropriate requests in writing to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (National CineMedia, Inc.)

Commercial Tort Claims. Obligors shall promptly notify Agent in writing if any Obligor has a Commercial Tort Claim (other than, as long as no Default or Event of Default exists, a Commercial Tort Claim for less than $100,000500,000), shall promptly amend Schedule 9.1.16 of the Disclosure Schedule to include such claim, and shall take such actions as Agent deems appropriate to subject such claim to a duly perfected, first priority Lien in favor of Agent.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (AutoWeb, Inc.)

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