Common use of Covenants Concerning Collateral Clause in Contracts

Covenants Concerning Collateral. The Debtor further covenants with the Secured Party as follows: (a) the Collateral, to the extent not delivered to the Secured Party pursuant to §4, will be kept at its principal business offices and the Debtor will not remove the Collateral from such locations, without providing at least thirty (30) days prior written notice to the Secured Party, (b) except for the security interest herein granted the Debtor shall be the owner of or have other rights in the Collateral free from any lien, security interest or other encumbrance, and 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 the Secured Party, (c) the Debtor shall not pledge, mortgage or create, or suffer to exist a security interest in the Collateral in favor of any person other than the Secured Party, (d) 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, (e) the Debtor will permit the Secured Party or its designee, to inspect the Collateral at any reasonable time, wherever located, (f) the Debtor 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 the Collateral or incurred in connection with this agreement, (g) the Debtor will continue to operate, its business in compliance with all applicable provisions of the 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) 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 and leases of inventory and licenses of general intangibles in the ordinary course of business and (ii) so long as no Event of Default has occurred and is continuing, sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices dispositions permitted by the Credit Documents.

Covenants Concerning Collateral. The Debtor further covenants with the Secured Party as follows: (a) the Collateral, to the extent not delivered to the Secured Party pursuant to §Section 4, will be kept at its principal business offices those locations listed on the Perfection Certificate and the Debtor will not remove the Collateral from such locations, without providing at least thirty (30) days prior written notice to the Secured Party, (b) except for the security interest herein granted granted, the Debtor shall be the owner of or have other rights in the Collateral free from any right or claim of any other person, lien, security interest or other encumbrance, and 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 the Secured Party, (c) 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 the Secured Party, (d) 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, (e) the Debtor will permit the Secured Party Party, or its designee, to inspect the Collateral at any reasonable time, wherever located, (f) the Debtor 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 the such Collateral or incurred in connection with this agreementAgreement, (g) 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 (h) 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 and leases of inventory and licenses of general intangibles in the ordinary course of business and (ii) so long as no Event of Default has occurred and is continuing, sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices dispositions permitted by the Credit Documentsbusiness.

Covenants Concerning Collateral. The Debtor further covenants with the Secured Party as follows: (a) the Collateral, to the extent not delivered to the Secured Party pursuant to §4Xxxxxxx 0, will be xxxx xx kept at its principal business offices those locations listed on the Perfection Certificate and the Debtor will not remove the Collateral from such locations, without providing at least thirty (30) days prior written notice to the Secured Party, (b) except for the security interest herein granted granted, the Debtor shall be the owner of or have other rights in the Collateral free from any right or claim of any other person, lien, security interest or other encumbrance, and 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 the Secured Party, (c) 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 the Secured Party, (d) 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, (e) the Debtor will permit the Secured Party Party, or its designee, to inspect the Collateral at any reasonable time, wherever located, (f) the Debtor 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 the such Collateral or incurred in connection with this agreementAgreement, (g) 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 (h) 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 and leases of inventory and licenses of general intangibles in the ordinary course of business and (ii) so long as no Event of Default has occurred and is continuing, sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices dispositions permitted by the Credit Documentsbusiness.

Covenants Concerning Collateral. The Debtor further Borrower covenants with the Secured Party as follows: (ai) the Collateral, to the extent not delivered to the Secured Party pursuant to §4the terms hereof, will be kept at its principal business offices and Borrower's main location and, except with respect to Inventory sold or delivered in the Debtor ordinary course of business, Borrower will not remove any of the Collateral from such locationslocation, without providing at least thirty (30) days prior written notice to the Secured Party, ; (bii) except for the security interest herein granted the Debtor granted, Borrower shall be the owner of or have other rights in the Collateral free from any lien, security interest or other encumbranceLiens, and the Debtor Borrower shall defend the same against all claims and demands of all persons Persons at any time claiming the same or any interests therein adverse to Secured Party; (iii) except for the security interest herein granted, without the prior written consent of Secured Party, (c) the Debtor Borrower shall not pledge, mortgage or create, or suffer to exist a security interest in the any Collateral in favor of any person Person other than the Secured Party, ; (div) the Debtor Borrower will keep the Collateral in good order and repair and will not use the same in material violation of law or any policy of insurance thereon, ; (ev) the Debtor Borrower will permit the Secured Party Party, or its designee, to inspect the Collateral at any reasonable timetime upon reasonable prior notice, wherever located, ; (fvi) the Debtor Borrower will pay promptly when due all taxes, assessments, governmental charges and levies upon any of the Collateral Collateral, or incurred in connection with the use or operation of the Collateral Collateral, or incurred in connection with this agreementAgreement, except as shall be disputed in good faith by Borrower; (gvii) the Debtor Borrower will continue to operate, operate its business in material compliance with all applicable provisions of the 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 (hviii) the Debtor Borrower will not sell or otherwise dispose, or offer to sell or otherwise dispose, of any of the Collateral or any interest therein therein, except for (i) sales and leases of inventory and licenses of general intangibles in the ordinary course of business and (ii) so long as no Event of Default has occurred and is continuing, sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices dispositions permitted by the Credit Documentsbusiness.

Covenants Concerning Collateral. The Debtor further covenants with the Secured Party as follows: (a) the Collateral, to the extent not delivered to the Secured Party pursuant to §4Party, will be kept at its principal business offices those locations listed on the Perfection Certificate and the Debtor will not remove the Collateral from such locations, without providing at least thirty (30) days prior written notice to the Secured Party. Except as previously pledged and assigned to the Senior Secured Party, (b) and except for the security interest herein granted granted, the Debtor shall be the owner of or have other rights in the Collateral free from any right or claim of any other Person, lien, security interest or other encumbrance, and the Debtor shall defend the same against all claims and demands of all persons Persons at any time claiming the same or any interests therein adverse to the Secured Party, . The Debtor (ci) 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 the Senior Secured Party and the Secured Party, ; (dii) 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, ; (eiii) the Debtor will permit the Secured Party Party, or its designee, to inspect the Collateral at any reasonable time, wherever located, ; (fiv) the Debtor 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 the such Collateral or incurred in connection with this agreement, Agreement; (gv) the Debtor 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 (hvi) 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 and leases of inventory and licenses of general intangibles in the ordinary course of business and (ii) so long as no Event of Default has occurred and is continuing, sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices dispositions permitted by the Credit Documentsbusiness.

Covenants Concerning Collateral. The Debtor further covenants with the Secured Party as follows: (a) the Collateral, to the extent not delivered to the Secured Party pursuant to §4Party, will be kept at its principal business offices those locations listed on the Perfection Certificate and the Debtor will not remove the Collateral from such locations, without providing at least thirty (30) days prior written notice to the Secured Party. Except as previously pledged and assigned to the Senior Secured Party, (b) and except for the security interest herein granted granted, the Debtor shall be the owner of or have other rights in the Collateral free from any right or claim of any other Person, lien, security interest or other encumbrance, and the Debtor shall defend the same against all claims and demands of all persons Persons at any time claiming the same or any interests therein adverse to the Secured Party, . The Debtor (ci) 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 the Senior Secured Party and the Secured Party, ; (dii) 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, ; (eiii) the Debtor will permit the Secured Party Party, or its designee, to inspect the Collateral at any reasonable time, wherever located, ; (fiv) the Debtor 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 the such Collateral or incurred in connection with this agreement, Agreement; (gv) the Debtor 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 (hvi) 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 and leases of inventory and licenses of general intangibles in the ordinary course of business and (ii) so long as no Event of Default has occurred and is continuing, sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices dispositions permitted by the Credit Documents.business. - 7 - 5.4

Covenants Concerning Collateral. The Debtor further Borrower covenants with the Secured Party as follows: that (ai) the Collateral, to the extent not delivered to the Secured Party Lender pursuant to §Section 4, will be kept at its principal business offices the locations listed on Schedule 1, and the Debtor Borrower will not remove the Collateral from such locations, without providing at least thirty (30) 30 days prior written notice to the Secured PartyLender, (bii) except for the security interest herein granted and Permitted Liens, the Debtor shall Borrower will be the owner of or have other rights in the Collateral free from any lien, security interest or other encumbranceLien, and the Debtor shall Borrower will defend the same Collateral against all claims and demands of all persons at any time claiming the same Collateral or any interests therein adverse to the Secured PartyLender, (ciii) except for Permitted Liens, the Debtor shall Borrower will not pledge, mortgage or create, or suffer to exist a security interest in the Collateral in favor of any person other than the Secured PartyLender, (div) the Debtor Borrower will keep the Collateral in good order and repair and will not use the same Collateral in violation of law or any policy of insurance thereon, (ev) the Debtor Borrower will permit the Secured Party Lender, or its any designee, to inspect the Collateral at any reasonable time, wherever located, (fvi) the Debtor 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 the such Collateral or incurred in connection with this agreementAgreement, (gvii) the Debtor 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, substances and (hviii) the Debtor 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 and leases of obsolete Collateral or sales inventory and licenses of general intangibles in the ordinary course of business and (ii) so long as no Event of Default has occurred and is continuing, sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices dispositions permitted by the Credit Documentsbusiness.

Covenants Concerning Collateral. The Debtor Grantor further covenants with the Secured Party Lender as follows: (a) the Collateral, to the extent not delivered to the Secured Party Lender pursuant to §4Section 2 above, will be kept at its principal business offices __________________ and the Debtor Grantor will not remove the Collateral from such locations, without providing at least thirty (30) days prior written notice to the Secured PartyLender, (b) except for the security interest herein granted and the Debtor Permitted Liens, the Grantor shall be the owner of or have other rights in the Collateral free from any right or claim of any other person or any lien, security interest or other encumbrance, and the Debtor Grantor 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 Secured PartyLender, (c) the Debtor Grantor 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 other encumbrance in the Collateral in favor of any person person, other than the Secured PartyLender except for the Permitted Liens, (d) the Debtor Grantor will keep the Collateral in good order and repair (normal wear and tear accepted) and will not use the same in violation of law or any policy of insurance thereon, (e) the Debtor will permit the Secured Party or its designee, to inspect the Collateral at any reasonable time, wherever located, (f) the Debtor Grantor 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 the such Collateral or incurred in connection with this agreementAgreement, (g) the Debtor Grantor 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) the Debtor Grantor will not sell or otherwise dispose, or offer to sell or otherwise dispose, of the Collateral or any interest therein except for as otherwise permitted under the Loan Agreement, including (i) sales and leases of inventory and licenses of general intangibles in the ordinary course of business and (ii) so long as no Event of Default (as defined below) has occurred and is continuing, sales or other dispositions of obsolescent obsolete items of equipment in the ordinary course of business consistent with past practices dispositions permitted by the Credit Documentspractices.

Covenants Concerning Collateral. The Debtor further covenants with the Secured Party as follows: (a) the Collateral, to the extent not delivered to the Secured Party pursuant to §Section 4, will be kept at its principal business offices those locations listed in Schedule 5 and the Debtor will not remove the Collateral from such locations, without providing at least thirty (30) 30 days prior written notice to the Secured Party, (b) except for the security interest herein granted and liens permitted by the Loan Agreement, the Debtor shall be the owner of or have other rights in the Collateral free from any lien, security interest or other encumbrance, and 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 the Secured Party, (c) the Debtor shall not pledge, mortgage or create, or suffer to exist a security interest in the Collateral in favor of any person other than the Secured PartyParty except for liens permitted by the Loan Agreement, (d) the Debtor will keep the Collateral in good order and repair repair, reasonable wear and tear excepted, and will not use the same in material violation of law or any policy of insurance thereon, (e) the Debtor will permit the Secured Party Party, or its designee, to inspect the Collateral at any reasonable timetime and upon reasonable prior notice, wherever located, (f) the Debtor 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 the such Collateral or incurred in connection with this agreementAgreement, (g) the Debtor will continue to operate, its business in material 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) 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 and leases of inventory and licenses of general intangibles in the ordinary course of business and (ii) so long as no Event of Default has occurred and is continuing, sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices dispositions permitted by the Credit Documentsbusiness.

Covenants Concerning Collateral. The Debtor further Pledgor covenants with the Secured Party as followsthat: (a) the Collateral, to the extent not delivered to the Secured Party pursuant to §4, Pledgor will be kept at its principal business offices and the Debtor will not remove keep the Collateral from such locationsfree and clear of any and all security interests, without providing at least thirty (30) days prior written notice to liens, assignments or other encumbrances, except Permitted Exceptions, as provided in the Secured PartyLoan Agreement and as provided in the Organizational Documents of Pledgor, (b) except for the security interest herein granted the Debtor shall be the owner of Pledgor will not sell or have other rights in transfer the Collateral free from any lien, security interest without the prior written consent of Collateral Agent unless such sale or other encumbrance, and 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 the Secured Partytransfer does not cause a Material Adverse Change, (c) Pledgor hereby authorizes Collateral Agent to file financing statements concerning the Debtor shall not pledge, mortgage or create, or suffer to exist a security interest in the Collateral in favor of any person other than the Secured PartyCollateral, (d) Pledgor will execute and deliver any documents (properly endorsed, if necessary) reasonably requested by Collateral Agent for perfection or enforcement of any security interest or lien in the Debtor will keep Collateral, give good faith, diligent cooperation to Collateral Agent, and perform such other acts reasonably requested by Collateral Agent for perfection and enforcement of any security interest or lien in the Collateral, including, without limitation, obtaining control for purposes of perfection; Collateral in good order and repair and will not use the same in violation of law Agent is authorized to file, record, or otherwise utilize such documents as it deems necessary to perfect and/or enforce any policy of insurance thereonsecurity interest or lien granted hereunder, (e) the Debtor Pledgor will permit the Secured Party deliver any and all stock certificates or its designee, to inspect similar instruments evidencing the Collateral to Collateral Agent at any reasonable timethe time of execution of this Agreement, wherever located, and (f) during the Debtor will pay promptly when due all taxes, assessments, governmental charges and levies upon the Collateral or incurred in connection with the use or operation continuance of the Collateral or incurred in connection with this agreement, (g) the Debtor will continue to operate, its business in compliance with all applicable provisions of the 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) 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 and leases of inventory and licenses of general intangibles in the ordinary course of business and (ii) so long as no an Event of Default has occurred and is continuingexcept as otherwise expressly provided herein, sales Pledgor will promptly deliver to Collateral Agent all written notices, dividends, certificates, and other documents constituting or relating to the Collateral, which are received during the continuance of such Event of Default and will promptly give Collateral Agent written notice of any other dispositions notices which are received during the continuance of obsolescent items such Event of equipment in Default by Pledgor with respect to the ordinary course of business consistent with past practices dispositions permitted by the Credit DocumentsCollateral.

Covenants Concerning Collateral. The Debtor Grantor further covenants with the Secured Party Lender as follows: (a) the Collateral, to the extent not delivered to the Secured Party Lender pursuant to §4Section 2 above, will be kept at its principal business offices those locations listed on Schedule I attached hereto and the Debtor Grantor will not remove the Collateral from such locations, without providing at least thirty (30) days prior written notice to the Secured PartyLender, (b) except for the security interest herein granted and the Debtor Permitted Liens, the Grantor shall be the owner of or have other rights in the Collateral free from any right or claim of any other person or any lien, security interest or other encumbrance, and the Debtor Grantor 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 Secured PartyLender, (c) the Debtor Grantor 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 other encumbrance in the Collateral in favor of any person person, other than the Secured PartyLender except for the Permitted Liens, (d) the Debtor Grantor will keep the Collateral in good order and repair repair, ordinary wear and tear excepted, and will not use the same in violation of law or any policy of insurance thereon, except any such violation that would not reasonably be expected to have a Material Adverse Effect, (e) the Debtor Grantor will permit the Secured Party Lender, or its designee, to inspect the Collateral at any reasonable time, on reasonable advance notice wherever located, (f) the Debtor Grantor 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 the such Collateral or incurred in connection with this agreementAgreement except for such taxes, assessments, governmental charges and levies that are being contested in good faith by proceedings diligently prosecuted, and with respect to which the Grantor maintains on its books adequate reserves in accordance with general accepted accounting principles, (g) the Debtor Grantor 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, except if non-compliance would not be reasonably be expected to have a Material Adverse Effect, and (h) the Debtor Grantor will not sell or otherwise dispose, or offer to sell or otherwise dispose, of the Collateral or any interest therein except for (i) sales and leases of inventory and licenses of general intangibles in the ordinary course of business and business, (ii) so long as no Event of Default (as defined below) has occurred and is continuing, sales or other dispositions of obsolescent obsolete items of equipment in the ordinary course of business consistent with past practices dispositions permitted and (iii) any other sale that would not be prohibited by the Credit Documentsterms of the Loan Agreement.

Covenants Concerning Collateral. The Debtor further Guarantor covenants with the Secured Party as follows: that (ai) the Collateral, to the extent not delivered to the Secured Party Lender pursuant to §Section 4, will be kept at its principal business offices the locations listed on Schedule 1, and the Debtor Guarantor will not remove the Collateral from such locations, without providing at least thirty (30) 30 days prior written notice to the Secured PartyLender, (bii) except for the security interest herein granted and Permitted Liens, the Debtor shall Guarantor will be the owner of or have other rights in the Collateral free from any lien, security interest or other encumbranceLien, and the Debtor shall Guarantor will defend the same Collateral against all claims and demands of all persons at any time claiming the same Collateral or any interests therein adverse to the Secured PartyLender, (ciii) except for Permitted Liens, the Debtor shall Guarantor will not pledge, mortgage or create, or suffer to exist a security interest in the Collateral in favor of any person other than the Secured PartyLender, (div) the Debtor Guarantor will keep the Collateral in good order and repair and will not use the same Collateral in violation of law or any policy of insurance thereon, (ev) the Debtor Guarantor will permit the Secured Party Lender, or its any designee, to inspect the Collateral at any reasonable time, wherever located, (fvi) the Debtor Guarantor 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 the such Collateral or incurred in connection with this agreementAgreement, (gvii) the Debtor Guarantor 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, substances and (hviii) the Debtor Guarantor will not sell or otherwise dispose, or offer to sell or otherwise dispose, of the Collateral or any interest therein except for (i) sales and leases of obsolete Collateral or sales inventory and licenses of general intangibles in the ordinary course of business and (ii) so long as no Event of Default has occurred and is continuing, sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices dispositions permitted by the Credit Documentsbusiness.

Covenants Concerning Collateral. The Debtor further covenants with the Secured Party as follows: (a) the Collateral, to the extent not delivered to the Secured Party pursuant to §4Party, will be kept at its principal business offices those locations listed on the Perfection Certificate and the Debtor will not remove the Collateral from such locations, without providing at least thirty (30) days prior written notice to the Secured Party, (b) except for sales and leases of inventory in the ordinary course of business consistent with past practice. Except as previously pledged and assigned to the Senior Secured Party, and except for the security interest herein granted granted, the Debtor shall be the owner of or have other rights in the Collateral free from any right or claim of any other Person, lien, security interest or other encumbrance, and the Debtor shall defend the same against all claims and demands of all persons Persons at any time claiming the same or any interests therein adverse to the Secured Party, . The Debtor (ci) 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 the Senior Secured Party and the Secured Party, ; (dii) 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, ; (eiii) the Debtor will permit the Secured Party Party, or its designee, to inspect the Collateral at any reasonable time, wherever located, ; (fiv) the Debtor 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 the such Collateral or incurred in connection with this agreement, Agreement; (gv) the Debtor 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 (hvi) 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 and leases of inventory and licenses of general intangibles in the ordinary course of business and (ii) so long as no Event of Default has occurred and is continuing, sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices dispositions permitted by the Credit Documentsbusiness.

Covenants Concerning Collateral. The Debtor further covenants with the Secured Party as follows: (a) the Collateral, to the extent not delivered to the Secured Party pursuant to §4Party, will be kept at its principal business offices those locations listed on the Perfection Certificate and the Debtor will not remove the Collateral from such locations, without providing at least thirty (30) days prior written notice to the Secured Party. Except as previously pledged and assigned to the Senior Secured Party, (b) and except for the security interest herein granted granted, the Debtor shall be the owner of or have other rights in the Collateral free from any right or claim of any other Person, lien, security interest or other encumbrance, and the Debtor shall defend the same against all claims and demands of all persons Persons at any time claiming the same or any interests therein adverse to the Secured Party, . The Debtor (ci) 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 the Secured Party, ; (dii) 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, ; (eiii) the Debtor will permit the Secured Party Party, or its designee, to inspect the Collateral at any reasonable time, wherever located, ; (fiv) the Debtor 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 the such Collateral or incurred in connection with this agreement, Agreement; (gv) the Debtor 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 (hvi) 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 and leases of inventory and licenses of general intangibles in the ordinary course of business and (ii) so long as no Event of Default has occurred and is continuing, sales or other dispositions of obsolescent items of equipment in the ordinary course of business consistent with past practices dispositions permitted by the Credit Documentsbusiness.

Covenants Concerning Collateral. The Debtor Grantor further covenants with the Secured Party Lender as follows: (a) the Collateral, to the extent not delivered to the Secured Party Lender pursuant to §4Section 2 above, will be kept at its principal business offices those locations listed on Schedule II attached hereto and the Debtor Grantor will not remove the Collateral from such locations, without providing at least thirty (30) days prior written notice to the Secured PartyLender, (b) except for the security interest herein granted and the Debtor Permitted Liens, the Grantor shall be the owner of or have other rights in the Collateral free from any right or claim of any other person or any lien, security interest or other encumbrance, and the Debtor Grantor 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 Secured PartyLender, (c) the Debtor Grantor 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 other encumbrance in the Collateral in favor of any person person, other than the Secured PartyLender except for the Permitted Liens, (d) the Debtor Grantor 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) the Debtor Grantor will permit the Secured Party Lender, or its designee, to inspect the Collateral at any reasonable time, wherever located, (f) the Debtor Grantor 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 the such Collateral or incurred in connection with this agreementAgreement, (g) the Debtor Grantor 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) the Debtor Grantor will not sell or otherwise dispose, or offer to sell or otherwise dispose, of the Collateral or any interest therein except for (i) sales and leases of inventory and licenses of general intangibles in the ordinary course of business and (ii) so long as no Event of Default (as defined below) has occurred and is continuing, sales or other dispositions of obsolescent obsolete items of equipment in the ordinary course of business consistent with past practices dispositions permitted by the Credit Documentspractices.