Common use of Enforceability of Collateral Clause in Contracts

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, the Collateral is enforceable in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of Lender, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; there shall be no setoffs or counterclaims against any such account; and no agreement under which any deductions or discounts may be claimed shall have been made with the account debtor except those disclosed to Lender in writing. Location of the Collateral. Grantor, upon request of Lender, will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; (b) all real property being rented or leased by Grantor; (c) all storage facilities owned, rented, leased, or being used by Grantor; and (d) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Web Press Corp), Web Press Corp

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Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, the Collateral is enforceable in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of Lender, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; , there shall be no setoffs or counterclaims against any such account; and no agreement under which any deductions or discounts may be claimed shall have been made with the account debtor except those disclosed to Lender in writing. Location of the Collateral. Grantor, upon request of Lender, will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; (b) all real property being rented or leased by Grantor; (c) all storage facilities owned, rented, leased, or being used by Grantor; and (d) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.

Appears in 2 contracts

Samples: Business Loan Agreement (Real Goods Trading Corp), Business Loan Agreement (Real Goods Trading Corp)

Enforceability of Collateral. To the extent extend the Collateral consists of accounts, chattel paper, or general intangibles, the Collateral is enforceable in accordance with its terms, is it genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of LenderRaab, the account shall be a good and goox xxd valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore therefore shipped or delivered pursuant to a contract of sale, or for services theretofore therefore performed by Grantor with or for the account debtor; there shall be no setoffs or counterclaims against any such accountaccount as the account exists at the time of execution hereof; and no agreement under which any deductions or discounts may be claimed shall have been made with the account debtor except those disclosed to Lender Raab in writing. Location of 5. Locatixx xf the Collateral. Grantor, upon the request of LenderRaab, will deliver to Lender Raab in form xxxx satisfactory to Lender Xxxx a schedule of real properties and Collateral the Collatxxxx locations relating to Grantor's operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; (b) all real property being rented or leased by Grantor; (cb) all storage facilities owned, rented, leased, leased or being used by Grantor; and (dc) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of LenderRaab. 6.

Appears in 2 contracts

Samples: Security Agreement (Liberty Group Holdings Inc), Security Agreement (Liberty Group Holdings Inc)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, as defined by the Uniform Commercial Code, the Collateral is enforceable in accordance with its terms, is genuine, and fully complies with all applicable laws and regulations concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of Lender, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; there There shall be no setoffs or counterclaims against any such account; of the Collateral, and no agreement shall have been made under which any deductions or discounts may be claimed shall have been made with concerning the account debtor Collateral except those disclosed to Lender in writing. Location of the Collateral. Except in the ordinary course of Grantor's business, upon request of Grantor agrees to keep the Collateral at Grantor's address shown above or at such other locations as are acceptable to Lender. Upon Lender's request, Grantor will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a1) all real property owned Grantor owns or being purchased by Grantoris purchasing; (b2) all real property being rented Grantor is renting or leased by Grantorleasing; (c3) all storage facilities ownedGrantor owns, rentedrents, leasedleases, or being used by Grantoruses; and (d4) all other properties where Collateral is or may be located. Removal of the Collateral. Except in the ordinary course of its Grantor's business, Grantor shall not remove the Collateral from its existing locations location without the Lender's prior written consent consent. Grantor shall, whenever requested, advise Lender of Lender.the exact location of the Collateral. Transactions

Appears in 2 contracts

Samples: Commercial Security Agreement (Air T Inc), Commercial Security Agreement (Air T Inc)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, the Collateral is enforceable in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of Lender, the account shall be a good and valid account representing an undisputed, bona fide indebtedness Indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; there shall be no setoffs or counterclaims against any such account; and no agreement under which any deductions or discounts may be claimed shall have been made with the account debtor except those disclosed to Lender in writing. Location of the CollateralLOCATION OF THE COLLATERAL. Grantor, upon request of Lender, will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; (b) all real property being rented or leased by Grantor; (c) all storage facilities owned, rented, leased, or being used by Grantor; and (d) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.

Appears in 1 contract

Samples: Litronic Inc

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, as defined by the Uniform Commercial Code, the Collateral is enforceable in accordance with its terms, is genuine, and fully complies with all applicable laws and regulations concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of Lender, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; there There shall be no setoffs or counterclaims against any such account; of the Collateral, and no agreement shall have been made under which any deductions or discounts may be claimed shall have been made with concerning the account debtor Collateral except those disclosed to Lender in writing. Location of the Collateral. Except in the ordinary course of Xxxxxxx's business, Xxxxxxx agrees to keep the Collateral at Grantor's address shown above or at such other locations as are acceptable to' Lender. Upon Lender's request, upon request of Lender, Grantor will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a1) all real property owned Grantor owns or being purchased by Grantoris purchasing; (b2) all real property being rented Grantor is renting or leased by Grantorleasing; (c3) all storage facilities ownedGrantor owns, rentedrents, leasedleases, or being used by Grantoruses; and (d) 41 all other properties where Collateral is or may be located. Removal of the Collateral. Except in the ordinary course of its Xxxxxxx's business, Grantor shall not remove the Collateral from its existing locations location without the Lender's prior written consent consent. Grantor shall, whenever requested, advise Lender of Lenderthe exact location of the Collateral.

Appears in 1 contract

Samples: Commercial Security Agreement (Black Mountain Holdings, Inc.)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, . the Collateral is enforceable in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of Lender, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; there shall be no setoffs or counterclaims against any such account; and no agreement under which any deductions or discounts may be claimed shall have been made with the account debtor except those disclosed to Lender in writing. Location of the Collateral. Grantor, upon request of Lender, will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; (b) all real property being rented or leased by Grantor; (c) all storage facilities owned, rented, leased, or being used by Grantor; and (d) all other properties where Collateral is or may be located. Except in the ordinary course of its business, . Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.

Appears in 1 contract

Samples: Business Loan Agreement (U S Laboratories Inc)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, the Collateral is enforceable in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of LenderLendxx, the xxe account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; there Grantor will not adjust, settle, compromise, amend or modify any account, except in good faith and in the ordinary course of business; provided, however, this exception shall be no setoffs automatically terminate upon the occurrence of an Event of Default or counterclaims against any such account; and no agreement under which any deductions or discounts may be claimed shall have been made with the account debtor except those disclosed to Lender in writingupon Lendxx'x xritten request. Location of the CollateralLOCATION OF THE COLLATERAL. Grantor, upon request of Lender, will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; (b) all real property being rented or leased by Grantor; (c) all storage facilities owned, rented, leased, or being used by Grantor; and (d) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from for its existing locations without the prior written consent of Lender.

Appears in 1 contract

Samples: Promissory Note (Trizetto Group Inc)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, as defined by the Uniform Commercial Code, the Collateral is enforceable in accordance with its terms, is genuine, and fully complies with all applicable laws and regulations concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of Lender, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore previously shipped or delivered pursuant to a contract of sale, or for services theretofore previously performed by Grantor with or for the account debtor; there . So long as this Agreement remains in effect, Grantor shall not, without Lender’s prior written consent, compromise, settle, adjust, or extend payment under or with regard to any such Accounts. There shall be no setoffs or counterclaims against any such account; of the Collateral, and no agreement shall have been made under which any deductions or discounts may be claimed shall have been made with concerning the account debtor Collateral except those disclosed to Lender in writing. COMMERCIAL SECURITY AGREEMENT Location of the Collateral. Except in the ordinary course of Grantor’s business, upon request Grantor agrees to keep the Collateral (or to the extent the Collateral consists of intangible property such as accounts or general intangibles, the records concerning the Collateral) at Grantor’s address shown above or at such other locations as are acceptable to Lender. Upon Lender’s request, Grantor will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's ’s operations, including without limitation the following: (a1) all real property owned Grantor owns or being purchased by Grantoris purchasing; (b2) all real property being rented Grantor is renting or leased by Grantorleasing; (c3) all storage facilities ownedGrantor owns, rentedrents, leasedleases, or being used by Grantoruses; and (d4) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.

Appears in 1 contract

Samples: Security Agreement (Soluna Holdings, Inc)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, the Collateral is enforceable in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and an all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of LenderLenxxx, the xhe account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery delivery, instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; there shall be no setoffs or counterclaims against any such account; and no agreement under which any deductions or discounts may be claimed shall have been made with the account debtor except those disclosed to Lender in writing. Location of the CollateralLOCATION OF THE COLLATERAL. Grantor, upon request of LenderLenxxx, will xill deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; (b) all real property being rented or leased by Grantor; : (c) all storage facilities owned, rented, leased, or being used by Grantor; and 06-22-2001 COMMERCIAL SECURITY AGREEMENT PAGE 3 LOAN NO 2789-34 (d) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.CONTINUED)

Appears in 1 contract

Samples: License Agreement (California Beach Restaurants Inc)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, the Collateral is enforceable in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in In favor of Lender, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; there shall be no (C) setoffs or counterclaims against any such account; and no agreement under which any deductions or discounts may be claimed shall have been made with the account debtor except those disclosed to Lender in writing. Location of the Collateral. Grantor, upon request of Lender, will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; (b) all real property being rented or leased by Grantor; (c) all storage facilities owned, rented, leased, or being used by Grantor; and (d) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.

Appears in 1 contract

Samples: Security Agreement (Fresh Enterprises Inc)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, the Collateral is enforceable in accordance with its terms, is genuine, and complies with all applicable laws and concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of Lender, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services a service theretofore performed by Grantor with or for the account debtor; , there shall be no setoffs or counterclaims against any such account; and no agreement Agreement under which any deductions or discounts may be claimed shall have been made with the account debtor except those disclosed to Lender in writing. Location of the Collateral. Grantor, upon request of Lender, will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's ’s operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; (b) all real property being rented or leased by Grantor; (c) all storage facilities owned, rented, leased, leased or being used by Grantor; and (d) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.

Appears in 1 contract

Samples: Security Agreement (Synergetics Usa Inc)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, the Collateral is enforceable in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of Lender, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; there shall be no setoffs or counterclaims against any such account; and no agreement under which any deductions or discounts may be claimed shall have been made with the account debtor except those disclosed to Lender in writing. Location of the Collateral. Grantor, upon request of Lender, will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; (b) all real property being rented or leased by Grantor; (c) all storage facilities owned, rented, leased, or being used by Grantor; and (d) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.by

Appears in 1 contract

Samples: Loan Agreement (Autoweb Com Inc)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, the Collateral is enforceable in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of LenderLendxx, the xxe account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; there shall be no setoffs or counterclaims against any such account; and no agreement under which any deductions or discounts may be claimed shall have been made with the account debtor except those disclosed to Lender in writing. Location of the CollateralLOCATION OF THE COLLATERAL. Grantor, upon request of Lender, will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; (b) all real property being rented or leased by Grantor; (c) all storage facilities owned, rented, leased, or being used by Grantor; and (d) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.the

Appears in 1 contract

Samples: Terms Agreement (California Beach Restaurants Inc)

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Enforceability of Collateral. To the extent the Collateral ---------------------------- consists of accounts, contract rights, chattel paper, or general intangibles, the Collateral is enforceable in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated obliged on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of Lender, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; there shall be no setoffs or counterclaims against any such account; and no agreement under which any deductions or discounts may be claimed shall have been made with the account debtor except those disclosed to Lender in writing. Location of the Collateral. Grantor, upon request of -------------------------- Lender, will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; (b) all real property being rented or leased by Grantor; (c) all storage facilities owned, rented, leased, or being used by Grantor; and (d) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.

Appears in 1 contract

Samples: Commercial Security Agreement (American Eco Corp)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, the Collateral is enforceable in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of LenderXxxxxx, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; there shall be no setoffs or counterclaims against any such account; and no agreement under which any deductions or discounts may be claimed shall have been made with the account debtor except those disclosed to Lender in writing. Location of the Collateral. Grantor, upon request of LenderXxxxxx, will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; (b) all real property being rented or leased by Grantor; (c) all storage facilities owned, rented, leased, or being used by Grantor; and (d) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.

Appears in 1 contract

Samples: Disbursement Request and Authorization (Expresspoint Technology Systems Inc)

Enforceability of Collateral. To the extent went the Collateral consists of accounts, chattel paper, or general intangibles, as defined by tile Uniform Commercial Code, the Collateral is enforceable in accordance with its terms, is genuine, and complies fully compiles with all applicable laws and regulations concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on an the Collateral. At the tile time any account becomes subject to a security interest in favor of LenderXxxxxx, the tile account shall be a good and valid account representing an undisputed, bona fide indebtedness Indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore previously shipped or delivered pursuant to a contract of sale, or for services theretofore previously performed by Grantor with or for the account debtor; there . So long as this Agreement remains in effect, Grantor shall not, without Xxxxxx's prior written consent, compromise, settle, adjust, or extend payment under or with regard to any such Accounts. There shall be no setoffs or counterclaims against any such account; of the Collateral, and no agreement Shall have been made under which any deductions or discounts may be claimed shall have been made with concerning the account debtor Collateral except those disclosed to Lender in writing. Location of tile Collateral. Except in the ordinary course of Xxxxxxx's business, Xxxxxxx agrees to keep tile Collateral (or to the extent tile Collateral consists of intangible property such as accounts or general Intangibles, the records concerning the Collateral) at Grantor's address shown above or at such other locations as are acceptable to Lender. GrantorUpon Lender's request, upon request of Lender, Grantor will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a1) all real property owned Grantor owns or being purchased by Grantoris purchasing; (b2) all real property being rented Grantor is renting or leased by Grantorleasing; (c3) all storage facilities ownedGrantor owns, rentedrents, leasedlosses, or being used by Grantoruses; and (d4) all other properties where Collateral is or may be located, Removal of the Collateral. Except in the ordinary course of its Xxxxxxx's business, including the sales of inventory, Grantor shall not remove the Collateral from its existing locations location without the Lender's prior written consent consent. To the extent that the Collateral consists of Lendervehicles, or other titled property, Grantor shall not take or permit any action which would require application for certificates of title for the vehicles outside the State of Oregon, without Xxxxxx's prior written consent. Grantor shall, whenever requested, advise Lender of the exact location of the Collateral.

Appears in 1 contract

Samples: Change in Terms Agreement (Powin Corp)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, the Collateral is enforceable in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of Lender, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; there shall be no setoffs or counterclaims against any such account; and no agreement under which any deductions or discounts may be claimed shall have been made with the account debtor except those disclosed to Lender in writing. Location of the CollateralLOCATION OF THE COLLATERAL. Grantor, upon request of Lender, will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; (b) all real property being rented or leased by Grantor; (c) all storage facilities owned, rented, leased, or being used by Grantor; and (d) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.

Appears in 1 contract

Samples: Terms Agreement (Transcrypt International Inc)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general ================================================================================ intangibles, the Collateral is enforceable in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of Lender, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; there Grantor will not adjust, settle, compromise, amend or modify any account, except in good faith and in the ordinary course of business; provided, however, this exception shall be no setoffs automatically terminate upon the occurrence of an Event of Default or counterclaims against any such account; and no agreement under which any deductions or discounts may be claimed shall have been made with the account debtor except those disclosed to Lender in writingupon Lender's written request. Location of the CollateralLOCATION OF THE COLLATERAL. Grantor, upon request of Lender, will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; (b) all real property being rented or leased by Grantor; (c) all storage facilities owned, rented, leased, or being used by Grantor; and (d) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.

Appears in 1 contract

Samples: Security Agreement (World Wide Stone Corp)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, the Collateral is enforceable in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of Lender, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; , there shall be no setoffs or counterclaims against any such account; account and no agreement under which any deductions or discounts may discount any be claimed shall have been made with the account debtor except those disclosed to Lender in writing. Location of the CollateralLOCATION OF THE COLLATERAL. Grantor, upon request of Lender, will deliver to Lender in form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a) all real property owned or being purchased by Grantor; , (b) all real property being rented or leased by Grantor; , (c) all storage facilities owned, rented, leased, or being used by Grantor; , and (d) all other properties where Collateral is or may be located. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.

Appears in 1 contract

Samples: Commercial Security Agreement (Lithia Motors Inc)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, as defined by the Uniform Commercial Code, the Collateral is enforceable in accordance with its Its terms, is Is genuine, and fully complies with all applicable laws and regulations concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in In fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of LenderXxxxxx, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore previously shipped or delivered pursuant to a contract of sale, or for services theretofore previously performed by Grantor with or for the account debtor; there . So long as this Agreement remains in effect Grantor shall not, without Xxxxxx's prior written consent, compromise, settle, adjust, or extend payment under or with regard to any such Accounts. There shall be no setoffs or counterclaims against any such account; of the Collateral, and no agreement shall have been made under which any deductions or discounts may be he claimed shall have been made with concerning the account debtor Collateral except those disclosed to Lender in writing. Location of the Collateral. Except in the ordinary course of Xxxxxxx's business, Xxxxxxx agrees to keep the Collateral for to the extent the Collateral consists of Intangible property such as accounts or general Intangibles, the records concerning the Collateral) at Grantor's address shown above or at such other locations as are acceptable to Lender. Upon Xxxxxx's request, upon request of Lender, Grantor will deliver to Lender in In form satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including Including without limitation the following: (a1) all real property owned Grantor owns or being purchased by GrantorIs purchasing; (b2) all real property being rented Grantor Is renting or leased by Grantorleasing; (c3) all storage facilities ownedGrantor owns, rentedrents, leasedleases, or being used by Grantoruses; and (d4) all other properties where Collateral is Is or may be he located. Removal of the Collateral, Except in the ordinary course of its Grantor's business, including the sales of Inventory, Grantor shall not remove the Collateral from its existing locations location without the Lender's prior written consent consent. To the extent that the Collateral consists of Lendervehicles, or other titled property, Grantor shall not take or permit any action which would require application fur certificates of title for the vehicles outside the State of Oregon, without Xxxxxx's prior written consent. Grantor shall, whenever requested, advise Lender of the exact location of the Collateral.

Appears in 1 contract

Samples: Change in Terms Agreement (Powin Corp)

Enforceability of Collateral. To the extent the Collateral consists of accounts, chattel paper, or general intangibles, the Collateral is enforceable in accordance with its terms, is genuine, and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated on the Collateral have authority and capacity to contract and are in fact obligated as they appear to be on the Collateral. At the time any account becomes subject to a security interest in favor of Lender, the account shall be a good and valid account representing an undisputed, bona fide indebtedness incurred by the account debtor, for merchandise held subject to delivery instructions or theretofore shipped or delivered pursuant to a contract of sale, or for services theretofore performed by Grantor with or for the account debtor; there shall be no , without setoffs or counterclaims against any such account; and no . No agreement under which any deductions or discounts may be claimed shall have been be made with the account debtor except those disclosed to Lender in writing. (d) Location of the Collateral. Grantor, upon request of LenderLender (but not more often than quarterly), will deliver to Lender in form reasonably satisfactory to Lender a schedule of real properties and Collateral locations relating to Grantor's operations, including without limitation the following: (a1) all real property owned or being purchased by GrantorGrantor upon which any Collateral is located; (b2) all real property properly being rented or leased by GrantorGrantor upon which any Collateral is located; (c3) all storage facilities owned, rented, leased, or being used by GrantorGrantor upon which Collateral is located; and (d4) all other properties where Collateral is or may be located. Grantor shall promptly procure the execution, acknowledgement and delivery by the holders of any encumbrances upon or owners of such lands where Collateral is or will be located, a consent to Lender's rights of access for cultivation of crops or care of stock upon an Event of Default and upon such terms as Lender may deem reasonably satisfactory, and Grantor hereby consents to such rights of access. Except in the ordinary course of its business, Grantor shall not remove the Collateral from its existing locations without the prior written consent of Lender.. Collateral consisting of crops now or hereafter harvested or removed from the real property shall not be stored with a bailee, warehouseman, or similar party without Lender's prior written consent and shall be kept only at locations approved by Lender. (e)

Appears in 1 contract

Samples: Loan Agreement (Phillips R H Inc)

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