Documents and Instruments. All Documents and Instruments included within the Collateral are valid and genuine. Any such Document or Instrument has only one original counterpart which constitutes collateral within the meaning of the UCC or the law of any applicable jurisdiction, and all such original counterparts (other than checks delivered in payment of Receivables in the ordinary course of business) have been delivered into the possession of Secured Party.
Documents and Instruments. All Documents and Instruments, as those terms are defined in the UCC.
Documents and Instruments. Debtor will at all times cause any Documents or Instruments which are included within the Collateral to be valid and genuine. Debtor will cause all Instruments included within the Collateral to have only one original counterpart. Upon request by Secured Party, Debtor will promptly deliver to Secured Party all originals of Documents or Instruments which are included within the Collateral. Debtor will not (whether through failure to duly perform its obligations under any contracts, instruments, and agreements which are related to any Documents or Instruments which are included within the Collateral, or by any written instrument, or otherwise) take or allow any action or omission which causes any Documents or Instruments which are included within the Collateral to become subject to any contra-accounts, setoffs, defenses, counterclaims, discounts, allowances, rebates, credits or adjustments by or available to the Persons obligated thereon. Upon request by Secured Party, Debtor will mark xxxh chattel paper which is included within the Collateral with a legend indicating that such chattel paper is subject to the security interest granted by this Agreement.
Documents and Instruments. The Lender shall have received all the instruments, documents and property contemplated to be delivered by the Borrower hereunder, and the same shall be in full force and effect.
Documents and Instruments. The Company shall from time to time execute, deliver and file, at the Company’s sole expense, all such agreements, instruments and certificates as may be reasonably necessary from time to time to establish, perfect, and preserve the Trust’s title to, and security interest in, the Collateral.
Documents and Instruments. Lender’s receipt of such fully executed documents and instruments as Lender shall reasonably require, in form and content reasonably satisfactory to Lender, including, without limitation, (i) an assumption agreement under which the purchaser assumes all obligations and liabilities of Borrower under this Agreement and the other Loan Documents and agrees to such amendments to the Loan Documents as Lender may reasonably require in order to reflect the change in the borrowing entity and principals and any new or increased Impounds, and (ii) a consent to the sale or exchange by each existing Guarantor and a reaffirmation of each Guarantor’s obligations and liabilities under each guaranty or the execution of new guaranties by new guarantors satisfactory to Lender in its reasonable discretion,
Documents and Instruments. In the event that the Borrower shall acquire after the Closing Date any letters of credit, Securities, Chattel Paper, Documents, or Instruments, the Borrower shall promptly so notify the Lender and deliver the originals of all of the foregoing to the Lender promptly and in any event within ten (10) days of each acquisition.
Documents and Instruments. The Company will at all times cause any Documents or Instruments that are included within the Collateral to be valid and genuine. The Company will cause all Instruments included within the Collateral to have only one original counterpart. Upon request by Lender, the Company will promptly deliver to a bailee or agent selected by Lender who is holding any such Collateral for the benefit of the Lender all originals of Documents or Instruments that are included within the Collateral. The Company will not (whether through failure to duly perform its obligations under any contracts, instruments, and agreements that are related to any Documents or Instruments that are included within the Collateral, or by any written instrument, or otherwise) take or allow any action or omission that causes any Documents or Instruments that are included within the Collateral to become subject to any contra-accounts, setoffs, defenses, counterclaims, discounts, allowances, rebates, credits or adjustments by or available to the Persons obligated thereon. Upon request by Lender, the Company will xxxx each chattel paper that is included within the Collateral with a legend indicating that such chattel paper is subject to the security interest granted by the applicable Security Document.
Documents and Instruments. 14 Section 5.2. Correctness of Warranties.........................15 Section 5.3. Certificates of Resolution........................15 Section 5.4. Expenses of Lender................................15 Section 5.5. Supporting Documents. ..........................
Documents and Instruments. To the best of Sellers’ knowledge, all documents and instruments creating or giving rise to the Xxxxx and Leasehold Interests and all agreements, contracts, easements, rights-of-way and other surface use rights, and all governmental and tribal licenses, permits, approvals and other authorizations necessary to own, maintain and operate the Xxxxx and Leasehold Interests in compliance with applicable laws and in the manner in which they have historically been owned, maintained and operated (all such documents and instruments being herein referred to as the “Material Documents”), are in full force and effect and no breach or default exists thereunder. The Material Documents (i) do not subject all or any portion of the Leasehold Interests to any tax partnership or to any obligation requiring a partnership income tax return to be filed under the application of Subchapter K of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, as amended (the “Code”), or any similar state statute, and Sellers have complied with all conditions necessary to maintain a valid election to be excluded from said Subchapter K, and (ii) do not subject the Companies to any area of mutual interest, non-competition or similar provision restricting Buyer from independently conducting operations in any geographic area. Except as set forth in Schedule 2.01(n) with respect to expired saltwater disposal agreements, neither of the Companies nor, to the best of Sellers’ knowledge, any other party to the Material Documents (x) is in breach or default, or with the lapse of time or the giving of notice, or both, would be in breach or default, with respect to any of its obligations thereunder, or (y) has given or threatened to give notice of any default under, inquiry into any possible default under, or action to alter, terminate, rescind or procure a judicial reformation of any Material Document or any provision thereof. There are no amounts claimed to be due to the Companies in respect of the Xxxxx and Leasehold Interests that are being held in suspense because of a dispute as to title to such Xxxxx or Leasehold Interests or for any other reason, and the Companies are currently being paid all of the revenues with respect to oil and gas produced and saved from the Xxxxx and Leasehold Interests pursuant to divisions orders containing indemnity provisions for the protection of the purchaser, less the revenues the Companies are obligated to distribute to the other owners of interests in the Xx...
