Common use of Delivery of Instruments, etc Clause in Contracts

Delivery of Instruments, etc. Subject to the Intercreditor Agreement (including the obligation to deliver any Instrument or Certificated Security to the Revolving Credit Administrative Agent) such Loan Party will promptly deliver each Instrument and each Certificated Security (other than (i) Cash Equivalents held in a Deposit Account or a Securities Account and subject to an effective Account Control Agreement unless maintained with the Collateral Agent or as otherwise required by Section 4.13 hereof and (ii) Instruments or Certificated Securities received in connection with bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations of, and other disputes with, customers and suppliers in the ordinary course of business having individually, a face amount of less than $1,000,000 in the case of Instruments or Certificated Securities subject to this clause (ii)) to the Collateral Agent, appropriately indorsed to the Collateral Agent; provided that so long as no Event of Default shall have occurred and be continuing, and except as required by any other Finance Document, such Loan Party may (unless otherwise provided in Section 2.04(b)) retain for collection in the ordinary course of business any checks, drafts and other Instruments received by it in the ordinary course of business, and the Collateral Agent shall, promptly upon request of such Loan Party, make appropriate arrangements for making any other Instrument or Certificated Security pledged by such Loan Party available to it for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate to the Collateral Agent, against a trust receipt or like document).

Delivery of Instruments, etc. Subject to the Intercreditor Agreement (including the obligation to deliver any Instrument or Certificated Security to the Revolving Such Credit Administrative Agent) such Loan Party will promptly immediately deliver each Instrument and each Certificated Security (other than (i) promissory notes having individually a face value not in excess of $1,000,000, (ii) Cash Equivalents held in a Deposit Account or a Securities Account and subject to an effective Account Control Agreement unless maintained with the Collateral Agent or as otherwise required by Section 4.13 4.14 hereof or held in any Deposit Account or Securities Account not so required to be subject to an Account Control Agreement and (iiiii) Instruments or Certificated Securities received in connection with bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations of, and other disputes with, customers and suppliers in the ordinary course of business having individually, individually a face amount of less than $1,000,000 in the case of Instruments or Certificated Securities subject to this clause (iii) (the Instruments and Certificated Securities described in clauses (i), (ii) and (iii) above constituting “Excepted Instruments”)) to the Collateral Agent, appropriately indorsed to the Collateral Agent; provided that so long as no Event of Default shall have occurred and be continuing, and except as required by any other Finance Credit Document, such Loan Credit Party may (unless otherwise provided in Section 2.04(b)) retain for collection in the ordinary course of business any checks, drafts and other Instruments received by it in the ordinary course of business, and the Collateral Agent shall, promptly upon request of such Loan Credit Party, make appropriate arrangements for making any other Instrument or Certificated Security pledged by such Loan Credit Party available to it for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate to the Collateral Agent, against a trust receipt or like document).

Delivery of Instruments, etc. Subject to the Intercreditor Agreement (including the obligation to deliver any Instrument or Certificated Security to the Revolving Credit Administrative Agent) such Such Loan Party will promptly deliver each Instrument and each Certificated Security included as Collateral (other than (i) promissory notes (other than any Intercompany Notes) having individually a face value, individually not in excess of […***…], or collectively, not in excess of […***…], (ii) Cash Equivalents held in a Deposit Account or a Securities Account and which is subject to an effective Account Control Agreement unless maintained with the Collateral Agent or as otherwise required by Section 4.13 hereof 4.8 and (iiiii) Instruments (other than any Intercompany Notes) or Certificated Securities received in connection with bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations of, and other disputes with, customers and suppliers in the ordinary course of business having individually, individually a face amount value, not in excess of less than $1,000,000 […***…], or collectively, not in excess of […***…], in the case of Instruments or Certificated Securities subject to this clause (iii) (the Instruments and Certificated Securities described in clauses (i), (ii) and (iii) above constituting “Excepted Instruments”)) to the Collateral Agent, appropriately indorsed to the Collateral Agent; provided that so long as no Event of Default shall have occurred and be continuingcontinuing and no notice to the contrary from the Collateral Agent has been received by such Loan Party, and except as required by any other Finance Loan Document, such Loan Party may (unless otherwise provided in Section 2.04(b)) retain for collection in the ordinary course of business any checks, drafts and other Instruments received by it in the ordinary course of businessbusiness and may retain any Collateral which it is otherwise entitled to receive and retain pursuant to Section 5.01 of the Pledge Agreement, and the Collateral Agent shall, promptly upon request of such Loan Party, make appropriate arrangements for making any other Instrument or Certificated Security pledged by such Loan Party available to it for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate to the Collateral Agent, against a trust receipt or like document).

Delivery of Instruments, etc. Subject to the Intercreditor Agreement (including the obligation to deliver any Instrument or Certificated Security to the Revolving Credit Administrative Agent) such Such Loan Party will promptly immediately deliver each Instrument and each Certificated Security (other than (i) Cash Equivalents held in a Deposit Account or a Securities Account and subject to an effective Account Control Agreement unless maintained with the Collateral Agent or as otherwise required by Section 4.13 4.14 hereof and (ii) Instruments or Certificated Securities received in connection with bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations of, and other disputes with, customers and suppliers in the ordinary course of business having individually, a face amount of less than $1,000,000 50,000 in the case of Instruments or Certificated Securities subject to this clause (ii)) to the Collateral Agent, appropriately indorsed to the Collateral Agent; provided that so long as no Default or Event of Default shall have occurred and be continuing, and except as required by any other Finance Document, such Loan Party may (unless otherwise provided in Section 2.04(b)) retain for collection in the ordinary course of business any Instruments (other than checks, drafts and other Instruments received by it in the ordinary course of business, ) and the Collateral Agent shall, promptly upon request of such Loan Party, make appropriate arrangements for making any other Instrument or Certificated Security pledged by such Loan Party available to it for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate to the Collateral Agent, against a trust receipt or like document); and, provided, further, that to the extent such Loan Party complied with the requirements of Section 4.01 of the Pledge Agreement with respect to an Instrument or a Certificated Security, such Loan Party shall be deemed to have complied with the provisions of this Section 4.06 with respect to such Instrument or such Certificated Security, as the case may be.

Delivery of Instruments, etc. Subject to the Intercreditor Agreement (including the obligation to deliver any Instrument or Certificated Security to the Revolving Credit Administrative Agent) such Such Loan Party will promptly deliver each Instrument and each Certificated Security included as Collateral (other than (i) promissory notes having individually a face value not in excess of $1,000,000, (ii) Cash Equivalents held in a an Exempt Deposit Account or Deposit Account or a Securities Account and subject to an effective Account Control Agreement unless maintained with the Collateral Agent or as otherwise required by Section 4.13 4.12 hereof and (iiiii) Instruments or Certificated Securities received in connection with bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations of, and other disputes with, customers and suppliers in the ordinary course of business having individually, individually a face amount value not in excess of less than $1,000,000 in the case of Instruments or Certificated Securities subject to this clause (iii) (the Instruments and Certificated Securities described in clauses (i), (ii) and (iii) above constituting “Excepted Instruments”)) to the Collateral Agent, appropriately indorsed to the Collateral Agent; provided that so long as no Event of Default shall have occurred and be continuing, and except as required by any other Finance Loan Document, such Loan Party may (unless otherwise provided in Section 2.04(b2.05(b)) retain for collection in the ordinary course of business any checks, drafts and other Instruments received by it in the ordinary course of businessbusiness and may retain any Collateral which it is otherwise entitled to receive and retain pursuant to Section 5.01 of the Pledge Agreement, and the Collateral Agent shall, promptly upon request of such Loan Party, make appropriate arrangements for making any other Instrument or Certificated Security pledged by such Loan Party available to it for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate to the Collateral Agent, against a trust receipt or like document).

Delivery of Instruments, etc. Subject to the Intercreditor Agreement (including the obligation to deliver any Instrument or Certificated Security to the Revolving Credit Administrative Agent) such Such Loan Party will promptly immediately deliver each Instrument and each Certificated Security constituting Collateral or, with respect to any Certificated Security, constituting Pledged Collateral (as defined in the Pledge Agreement) (other than (i) promissory notes having individually a face value not in excess of $500,000, (ii) Cash Equivalents held in a Deposit Account or a Securities Account and subject to an effective Account Control Agreement unless maintained with the Collateral Agent or as otherwise required by Section 4.13 hereof and Account; (iiiii) Instruments or Certificated Securities received in connection with bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations of, and other disputes with, customers and suppliers in the ordinary course of business having individually, individually a face amount of less than $1,000,000 500,000 in the case of Instruments or Certificated Securities subject to this clause (iii); and (iv) Certificated Securities of Immaterial Subsidiaries (the Instruments and Certificated Securities described in clauses (i), (ii), (iii) and (iv) above constituting “Excepted Instruments”)) to the Collateral Agent, appropriately indorsed to the Collateral Agent; provided that so long as no Event of Default shall have occurred and be continuing, and except as required by any other Finance Loan Document, such Loan Party may (unless otherwise provided in Section 2.04(b2.05(b)) retain for collection in the ordinary course of business any checks, drafts and other Instruments received by it in the ordinary course of businessbusiness and may retain any Collateral which it is otherwise entitled to receive and retain pursuant to Section 5.01 of the Pledge Agreement, and the Collateral Agent shall, promptly upon request of such Loan Party, make appropriate arrangements for making any other Instrument or Certificated Security pledged by such Loan Party available to it for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate to the Collateral Agent, against a trust receipt or like document).

Delivery of Instruments, etc. Subject to the Intercreditor Agreement (including the obligation to deliver any Instrument or Certificated Security to the Revolving Credit Administrative Agent) such Such Loan Party will promptly deliver each Instrument and each Certificated Security included as Collateral (other than (i) Cash Equivalents held promissory notes having individually a face value, individually not in a Deposit Account excess of $3,000,000, or a Securities Account and subject to an effective Account Control Agreement unless maintained with the Collateral Agent or as otherwise required by Section 4.13 hereof collectively, not in excess of $9,000,000 and (ii) Instruments or Certificated Securities received in connection with bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations of, and other disputes with, customers and suppliers in the ordinary course of business having individually, individually a face amount value, not in excess of less than $1,000,000 3,000,000, or collectively, not in excess of $9,000,000, in the case of Instruments or Certificated Securities subject to this clause (ii) (the Instruments and Certificated Securities described in clauses (i) and (ii) above constituting “Excepted Instruments”)) to the Collateral Agent, appropriately indorsed to the Collateral Agent; provided that so long as no Event of Default shall have occurred and be continuingcontinuing and no notice to the contrary from the Collateral Agent has been received by such Loan Party, and except as required by any other Finance Loan Document, such Loan Party may (unless otherwise provided in Section 2.04(b)) retain for collection in the ordinary course of business any checks, drafts and other Instruments received by it in the ordinary course of businessbusiness and may retain any Collateral which it is otherwise entitled to receive and retain pursuant to Section 5.01 of the Pledge Agreement, and the Collateral Agent shall, promptly upon request of such Loan Party, make appropriate arrangements for making any other Instrument or Certificated Security pledged by such Loan Party available to it for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate to the Collateral Agent, against a trust receipt or like document).

Delivery of Instruments, etc. Subject to the Intercreditor Agreement (including the obligation to deliver any Instrument or Certificated Security to the Revolving Credit Administrative Agent) such Such Loan Party will promptly deliver each Instrument and each Certificated Security (other than (i) Cash Equivalents held in a Deposit Account or a Securities Account and subject to an effective Account Control Agreement unless maintained with the Collateral Agent or as otherwise required by Section 4.13 hereof and hereof, (ii) Instruments and Certificated Securities not constituting Collateral, (iii) Instruments or Certificated Securities received in connection with bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations of, and other disputes with, customers and suppliers in the ordinary course of business and (iv) Instruments and Certificated Securities having individually, a face amount of less than $1,000,000 in the case of Instruments or Certificated Securities subject to this clause (ii)250,000) to the Collateral Agent, appropriately indorsed to the Collateral Agent; provided that so long as no Event of Default shall have occurred and be continuing, and except as required by any other Finance Note Document, such Loan Party may (unless otherwise provided in Section 2.04(b)) retain for collection in the ordinary course of business any checks, drafts and other Instruments received by it in the ordinary course of business, and the Collateral Agent shall, promptly upon request of such Loan Party, make appropriate arrangements for making any other Instrument or Certificated Security pledged by such Loan Party available to it for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate to the Collateral Agent, against a trust receipt or like document).

Delivery of Instruments, etc. Subject to the Intercreditor Agreement (including the obligation to deliver any Instrument or Certificated Security to the Revolving Credit Administrative Agent) such Such Loan Party will promptly immediately deliver each Instrument and each Certificated Security (other than (i) promissory notes having individually a face value not in excess of $500,000, (ii) Cash Equivalents held in a Deposit Account or a Securities Account and subject to an effective Account Control Agreement unless maintained with the Collateral Agent or as otherwise required by Section 4.13 4.12 hereof and (iiiii) Instruments or Certificated Securities received in connection with bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations of, and other disputes with, customers and suppliers in the ordinary course of business having individually, individually a face amount of less than $1,000,000 500,000 in the case of Instruments or Certificated Securities subject to this clause (iii) (the Instruments and Certificated Securities described in clauses (i), (ii) and (iii) above constituting “Excepted Instruments”)) to the Senior Collateral Agent, appropriately indorsed to the Senior Collateral Agent; provided that so long as no Event of Default shall have occurred and be continuing, and except as required by any other Finance Loan Document, such Loan Party may (unless otherwise provided in Section 2.04(b2.05(b)) retain for collection in the ordinary course of business any checks, drafts and other Instruments received by it in the ordinary course of businessbusiness and may retain any Collateral which it is otherwise entitled to receive and retain pursuant to Section 5.01 of the Senior Pledge Agreement, and the Senior Collateral Agent shall, promptly upon request of such Loan Party, make appropriate arrangements for making any other Instrument or Certificated Security pledged by such Loan Party available to it for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate to the Senior Collateral Agent, against a trust receipt or like document).

Delivery of Instruments, etc. Subject to the Intercreditor Agreement (including the obligation to deliver any Instrument or Certificated Security to the Revolving Credit Administrative Agent) such Such Loan Party will promptly deliver each Instrument and each Certificated Security included as Collateral (other than (i) promissory notes having individually a face value not in excess of $1,000,000, (ii) Cash Equivalents held in a an Exempt Deposit Account or Deposit Account or a Securities Account and subject to an effective Account Control Agreement unless maintained with the Collateral Agent or as otherwise required by Section 4.13 4.12 hereof and (iiiii) Instruments or Certificated Securities received in connection with bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations of, and other disputes with, customers and suppliers in the ordinary course of business having individually, individually a face amount value not in excess of less than $1,000,000 in the case of Instruments or Certificated Securities subject to this clause (iii) (the Instruments and Certificated Securities described in clauses (i), (ii) and (iii) above constituting “Excepted Instruments”)) to the First Lien Collateral Agent or the Collateral Agent, as applicable, in accordance with the terms of the Intercreditor Agreement, appropriately indorsed to the First Lien Collateral Agent or the Collateral Agent, as applicable; provided that so long as no Event of Default shall have occurred and be continuing, and except as required by any other Finance Loan Document, such Loan Party may (unless otherwise provided in Section 2.04(b2.05(b)) retain for collection in the ordinary course of business any checks, drafts and other Instruments received by it in the ordinary course of businessbusiness and may retain any Collateral which it is otherwise entitled to receive and retain pursuant to Section 5.01 of the Pledge Agreement, and and, to the extent in the possession of the Collateral Agent, the Collateral Agent shall, shall promptly upon request of such Loan Party, make appropriate arrangements for making any other Instrument or Certificated Security pledged by such Loan Party available to it for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate to the Collateral Agent, against a trust receipt or like document).

Delivery of Instruments, etc. Subject to the Intercreditor Agreement (including the obligation to deliver any Instrument or Certificated Security to the Revolving Such U.S. Credit Administrative Agent) such Loan Party will promptly immediately deliver each Instrument and each Certificated Security (other than (i) Cash Equivalents held in a Deposit Account or a Securities Account and subject to an effective Account Control Agreement unless maintained with the Collateral Agent or as otherwise required by Section 4.13 SECTION 4.14 hereof and (ii) Instruments or Certificated Securities received in connection with bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations of, and other disputes with, customers and suppliers in the ordinary course of business having individually, a face amount of less than $1,000,000 750,000 in the case of Instruments or Certificated Securities subject to this clause CLAUSE (ii)) to the U.S. Collateral Agent, appropriately indorsed to the U.S. Collateral Agent; provided PROVIDED that so long as no Default or Event of Default shall have occurred and be continuing, and except as required by any other Finance Document, such Loan U.S. Credit Party may (unless otherwise provided in Section SECTION 2.04(b)) retain for collection in the ordinary course of business any checks, drafts and other Instruments received by it in the ordinary course of business, and the U.S. Collateral Agent shall, promptly upon request of such Loan U.S. Credit Party, make appropriate arrangements for making any other Instrument or Certificated Security pledged by such Loan U.S. Credit Party available to it for purposes of presentation, collection or renewal (any such arrangement to be effected, to the extent deemed appropriate to the U.S. Collateral Agent, against a trust receipt or like document).