Common use of Covenants Concerning Collateral, Etc Clause in Contracts

Covenants Concerning Collateral, Etc. Borrower further covenants with Lender as follows: (a) the Collateral, to the extent not delivered to Lender pursuant to Section 4, will be kept at those locations listed on Schedule 9(a) and Borrower will not remove the Collateral from such locations, without providing at least 30 days prior written notice to Lender, (b) except for the security interest herein granted and liens permitted by the Credit Agreement, Borrower shall be the owner of the Collateral free from any lien, security interest or other encumbrance, and Borrower shall defend the same against all claims and demands of all persons at any time claiming the same or any interests therein adverse to Lender, (c) Borrower shall not pledge, mortgage or create, or suffer to exist a security interest in the Collateral in favor of any person other than Lender except for liens permitted by the Credit Agreement, (d) Borrower will keep the Collateral in good order and repair and will not use the same in violation of law or any policy of insurance thereon, (e) Borrower will permit Lender, or its designee, to inspect the Collateral at any reasonable time, wherever located, (f) Borrower will pay promptly when due all taxes, assessments, governmental charges and levies upon the Collateral or incurred in connection with the use or operation of such Collateral or incurred in connection with this Agreement, (g) Borrower will continue to operate, its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, and (h) Borrower will not sell or otherwise dispose, or offer to sell or otherwise dispose, of the Collateral or any interest therein except for (i) sales of inventory and licenses of general intangibles in the ordinary course of business and (ii) sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices and permitted by the Credit Agreement.

Covenants Concerning Collateral, Etc. Borrower further covenants with Lender as follows: (a) the Collateral, to the extent not delivered to Lender pursuant to Section 44 and subject to Section 9(h) below, any tangible Collateral will be kept at those locations listed on Schedule 9(athe address of Real Estate which is subject to the Mortgage, and all other Collateral will be kept at Borrower’s chief executive office located at the address provided in Section 6(d) hereof, and Borrower will not remove the Collateral from such locations, without providing at least 30 days prior written notice to Lender, (b) except for the security interest herein granted and liens permitted by the Credit Agreement, Borrower shall will be the owner of the Collateral free from any lien, security interest or other encumbrance, and Borrower shall will defend the same against all claims and demands of all persons at any time claiming the same or any interests therein adverse to Lender, (c) Borrower shall will not pledge, mortgage or create, or suffer to exist a security interest in the Collateral in favor of any person other than Lender except for liens permitted by the Credit Agreement, (d) Borrower will keep the Collateral in good order and repair repair, normal wear and tear excepted, and will not use the same in violation of law or any policy of insurance thereon, (e) Borrower will permit Lender, or its designee, to inspect the Collateral at any reasonable time, wherever located, (f) Borrower will pay promptly when due all taxes, assessments, governmental charges and levies upon the Collateral or incurred in connection with the use or operation of such Collateral or incurred in connection with this Agreement, (g) Borrower will continue to operate, operate its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, and (h) Borrower will not sell or otherwise dispose, or offer to sell or otherwise dispose, of the Collateral or any interest therein except for (i) sales of inventory and licenses of general intangibles in the ordinary course of business of Borrower and (ii) sales or other dispositions of obsolescent items of equipment and other goods in the ordinary course of business consistent with past practices and permitted by the Credit Agreement.

Covenants Concerning Collateral, Etc. Borrower Each Pledgor further covenants with Lender the Lenders and the Administrative Agent as follows: (a) the Collateral, to the extent not delivered to Lender pursuant to Section 4, will be kept at those locations listed on Schedule 9(a) and Borrower will not remove the Collateral from such locations, without providing at least 30 days prior written notice to Lender, (b) except for the security interest herein granted granted, except for Permitted Liens and liens permitted by except as indicated on Schedule 7.3 to the Credit Agreement, Borrower each Pledgor shall be the owner of the Collateral free from any lien, security interest right or claim of any other encumbranceperson or any Lien, and Borrower each Pledgor shall defend the same against all claims and demands of all persons at any time claiming the same or any interests therein adverse to Lenderthe Administrative Agent or any of the Lenders, (cb) Borrower except as otherwise permitted under the Credit Agreement, no Pledgor shall not pledge, mortgage or create, or suffer to exist a security interest any right of any person in or claim by any person to the Collateral, or any Lien in the Collateral in favor of any person person, other than Lender except for liens permitted by the Credit AgreementAdministrative Agent, (dc) Borrower each Pledgor will keep the Collateral in good order and repair and will not use the same in violation of law or any policy of insurance thereon and, with respect to the Collateral under lease pursuant to leases, each Pledgor will contractually provide in such leases that the lessees thereunder will keep the Collateral in good order and repair and will not use the same in violation of law or any policy of insurance thereon, (ed) Borrower each Pledgor will permit Lenderthe Administrative Agent, or its designee, to inspect the Collateral at any reasonable time, wherever locatedlocated in accordance with the terms and conditions set forth in the Credit Agreement, (fe) Borrower each Pledgor will pay promptly when due all taxes, assessments, governmental charges and levies upon the Collateral or incurred in connection with the use or operation of such the Collateral or incurred in connection with this Credit Agreement in accordance with the terms and conditions set forth in the Credit Agreement, (gf) Borrower each Pledgor, in accordance with the terms and conditions set forth in the Credit Agreement, will continue to operate, operate its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, and (hg) Borrower except as otherwise permitted under the Credit Agreement, no Pledgor will not sell or otherwise dispose, or offer to sell or otherwise dispose, of the Collateral or any interest therein except for (i) sales of inventory and licenses of general intangibles in the ordinary course of business and (ii) sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices and permitted by the Credit Agreementtherein.

Covenants Concerning Collateral, Etc. Borrower Each Debtor further covenants with Lender the Secured Party as follows: (a) the Collateral, to the extent not delivered to Lender pursuant to Section 4, will be kept at those locations listed on Schedule 9(a) and Borrower will not remove the Collateral from such locations, without providing at least 30 days prior written notice to Lender, (b) except for the security interest herein granted and liens Permitted Liens permitted by the Credit AgreementNote or the Additional Note, Borrower as the case may be, the Debtor shall be the owner of the Collateral free from any right or claim of any other person, lien, security interest or other encumbrance, and Borrower the Debtor shall defend the same against all claims and demands of all persons at any time claiming the same or any interests therein adverse to Lenderthe Secured Party, (cb) Borrower the Debtor shall not pledge, mortgage or create, or suffer to exist a any right of any person in or claim by any person to the Collateral, or any security interest interest, lien or encumbrance in the Collateral in favor of any person person, other than Lender the Secured Party except for liens permitted by the Credit AgreementNote or the Additional Note, as the case may be, (dc) Borrower the Debtor will keep the Collateral in good order and repair and will not use the same in violation of law or any policy of insurance thereon, (ed) Borrower the Debtor will permit Lenderthe Secured Party, or its designee, to inspect the Collateral at any reasonable time, wherever located, (fe) Borrower the Debtor will pay promptly when due all taxes, assessments, governmental and other charges and levies upon the Collateral or incurred in connection with the use or operation of such the Collateral or incurred in connection with this Agreement, (gf) Borrower the Debtor will continue to operate, its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, and (hg) Borrower the Debtor will not sell or otherwise dispose, or offer to sell or otherwise dispose, of the Collateral or any interest therein except for (i) sales of inventory and licenses of general intangibles in the ordinary course of business and (ii) sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices and permitted by the Credit Agreementtherein.

Covenants Concerning Collateral, Etc. Borrower Each Pledgor further covenants with Lender the Lenders and the Administrative Agent as follows: (a) the Collateral, to the extent not delivered to Lender pursuant to Section 4, will be kept at those locations listed on Schedule 9(a) and Borrower will not remove the Collateral from such locations, without providing at least 30 days prior written notice to Lender, (b) except for the security interest herein granted granted, except for Permitted Liens and liens permitted by except as indicated on Schedule 7.3 to the Credit Agreement, Borrower each Pledgor shall be the owner of the Collateral free from any lien, security interest right or claim of any other encumbranceperson or any Lien, and Borrower each Pledgor shall defend the same against all claims and demands of all persons at any time claiming the same or any interests therein adverse to Lenderthe Administrative Agent or any of the Lenders, (cb) Borrower except as otherwise permitted under the Credit Agreement, no Pledgor shall not pledge, mortgage or create, or suffer to exist a security interest any right of any person in or claim by any person to the Collateral, or any Lien in the Collateral in favor of any person person, other than Lender except for liens permitted by the Credit AgreementAdministrative Agent, (dc) Borrower each Pledgor will keep the Collateral in good order and repair and will not use the same in violation of law or any policy of insurance thereon and, with respect to the Collateral under lease pursuant to leases, each Pledgor will contractually provide in such leases that the lessees thereunder will keep the Collateral in good order and repair and will not use the same in violation of law or any policy of insurance thereon, (ed) Borrower each Pledgor will permit Lenderthe Administrative Agent, or its designee, to inspect the Collateral at any reasonable time, wherever locatedlocated in accordance with the terms and conditions set forth in the Credit Agreement, (fe) Borrower each Pledgor will pay promptly when due all taxes, assessments, governmental charges and levies upon the Collateral or incurred in connection with the use or operation of such the Collateral or incurred in connection with this Agreement in accordance with the terms and conditions set forth in the Credit Agreement, (gf) Borrower each Pledgor, in accordance with the terms and conditions set forth in the Credit Agreement, will continue to operate, operate its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, and (hg) Borrower except as otherwise permitted under the Credit Agreement, no Pledgor will not sell or otherwise dispose, or offer to sell or otherwise dispose, of the Collateral or any interest therein except for (i) sales of inventory and licenses of general intangibles in the ordinary course of business and (ii) sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices and permitted by the Credit Agreementtherein.

Covenants Concerning Collateral, Etc. Borrower The Company further covenants with the Lender as follows: (a) the Collateral, to the extent not delivered to the Lender pursuant to Section §4, will be kept at those locations listed the Company’s address as set forth on Schedule 9(a) page 1, and Borrower the Company will not remove the Collateral from such locations, without providing at least 30 days prior written notice to the Lender, (b) except for the security interest herein granted and liens permitted by granted, the Credit Agreement, Borrower Company shall be the owner of the Collateral free from any lien, security interest or other encumbrance, and Borrower the Company shall defend the same against all claims and demands of all persons at any time claiming the same or any interests therein adverse to the Lender, (c) Borrower the Company shall not pledge, mortgage or create, or suffer to exist a security interest in the Collateral in favor of any person other than Lender except for liens permitted by the Credit AgreementLender, (d) Borrower the Company will keep the Collateral in good order and repair and will not use the same in violation of law or any policy of insurance thereon, (e) Borrower the Company will permit the Lender, or its designee, to inspect the Collateral at any reasonable time, wherever located, (f) Borrower the Company will pay promptly when due all taxes, assessments, governmental charges and levies upon the Collateral or incurred in connection with the use or operation of such the Collateral or incurred in connection with this Agreement, (g) Borrower the Company will continue to operate, its business in compliance with all applicable provisions of the federal Fair Labor Standards Act, as amended, and with all applicable provisions of federal, state and local statutes and ordinances dealing with the control, shipment, storage or disposal of hazardous materials or substances, and (h) Borrower the Company will not sell or otherwise dispose, or offer to sell or otherwise dispose, of the Collateral or any interest therein except for (i) sales of inventory and licenses of general intangibles in the ordinary course of business so long as no Event of Default has occurred and (ii) sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices and permitted by the Credit Agreementis continuing.